GETBOAT.COM SERVICE LICENSE CONTRACT

“Acceptance” means the acceptance by a User of an Offer sent by the Licensee with the use of the Service;

“Application” means a form posted on the Site and filled in by the Licensee;

“Yacht Owner” means a legal entity, an individual entrepreneur or an individual who has a means of watercraft in the legal use or ownership and has the authority to lease it for rent on a reimbursable basis;

“GetBoat Service Database” means the database organized on the Site, that is a part of the Service;

“License Fee” means the consideration payable by the Licensee to the Licensor hereunder for the use of the Service;

“Licensee” means a Yacht Owner who has entered into this Contract with the Licensor;

“Licensor” has the meaning given to it in clause 1.1 hereof;

“Offer” means the Licensee’s offer to provide services corresponding to the Request, specifying certain terms and conditions, sent by the Licensee in response to the User's Request with the use of the Service, or the terms of proposing a certain vessel for sale;

“Parties” means collectively the Licensor and the Licensee;

“Personal Account” means a closed section of the Service accessible only by its owner (Licensee) and containing information about the Licensee, service user settings, history of Charters accomplished using the Service, the information on Requests, etc. The Personal Account shall be also used for communication between the Licensor and the Licensee;

“Central Agent Account” means a section of the Service managed by its owner (Licensee), viewable to the Users and containing information about services provided by a Yacht Owner, terms of provision of services by a Yacht Owner, a Yacht Owner’s terms of cancellation of Charter and refund policy, photos of the watercraft(s) owned by a Yacht Owner, through which the Licensee places Offers to a User’s Request.

“Request” means a User's request sent with the use of the Service to search for Yacht Owners to rent a watercraft with or without crew, as well as the provision of the related services;

“Service” means the Licensor’s software which distributes information about the received Users' Requests to the Yacht Owners and which allows the Yacht Owners to send Offers to the Users and the Users to accept such Offers;

“Site” has the meaning given to it in clause 1.1 hereof;

“Charter Price” is the price payable for a specific Charter agreed between the Yacht Owner and the User;

“Charter” is a watercraft rental service, the terms and conditions of which are agreed by and between a Yacht Owner and a User (the type of watercraft, the time and place for the start and the end of the service, the cost of the service must be agreed upon minimum; as well as other rental terms and conditions and the related services may be agreed);

“Charter Agreement” has the meaning given to it in clause 3.2 hereof;

“User” means an individual interested in watercraft rent with the use of the Service.

(A) The Licensee shall complete the registration and authorization process on the Site as a Yacht Owner interested in the Service.

(B) In order to gain access to the Personal Account, the Licensee should be authorized on the Site in the "Sign in" section, using as the login the Licensee’s e-mail address to which the Licensee will receive notifications of new Requests and the password used for his identification.

(C) After entering the Personal Account, the Licensee shall complete the Profile section by specifying Licensee’s name, contact email address, phone number, registration address and information on the Licensee.

(D) The Licensee shall provide (by uploading in the Personal Account or sending it to info@getboat.com) scanned copies of the following documents (the specific names and format of the documents may vary depending on the legislation of the country which the Licensee is a resident of and / or where the Licensee operates) in PDF or JPEG formats:

(E) The Licensor reviews the documents and information provided by the Licensee and may accept the Licensee’s offer, upon which the Contract shall be deemed concluded. The Licensor’s acceptance may be made by mere admission of the Licensee to the Service and to the GetBoat.com Service Database as a Yacht Owner.

(F) The Licensee may upload photos and videos of the watercraft to be offered for the Charter to the Users. In this connection the Licensee shall upload only those photos and videos of the watercraft he/she has the right to, which do not violate the rights of third parties, and do such upload independently. In case the Licensee has technical problems with uploading of photos and videos of the watercraft he/she may send the written request for help to info@getboat.com.

(A) The User shall make an advance payment in the amount of not less than 30% of the Charter Price to the Licensor’s account no later than 7 (seven) business days prior the agreed the Charter start date The Licensor shall within 3 (three) business days transfer to the Licensee the partial payment for the Charter minus the amount of the License Fee specified in clause 5.1 below in this Contract.

The rest of the Charter Price shall be paid by the User in accordance with the terms and conditions of the Charter Agreement agreed and concluded by and between the User and the Licensee in any manner agreed by them (cash or remittance with use of the Service).

(B) In the exclusive situations the User may pay the Charter Price directly to the Licensee in cash. In this case the Licensee shall within 3 (three) business days transfer the License Fee to the Licensor.

(A) The Licensee’s ability to offer the Charter with use of the Service does not establish the Licensor as a purchaser of the Charter or as an agent for the User. When the Licensee agrees with a User upon a specific Charter and its terms and conditions including the Charter Price, he/she shall enter into a Charter Agreement with the User but not with the Licensor.

(B) Due to the nature of the Service provided under this Contract, the liability of the Licensor is limited to an obligation to accurately transmit via the Service the information between the User and the Licensee as well as to transfer prepayment or full payment for a specific Charter received from the User to the Licensee. The Licensor shall not be liable for the credibility of the information passed as well as for the due and in good faith performance by the User of his / her obligations under any contracts concluded by and between the Licensee and the User. The Licensor bears no responsibility for any losses including the loss of gains and physical losses and damages in any way determined by the use of the Service.

(C) The Service, the software used to provide the Service and other content of the Site through which the Service is available (including but not limited to the “Sea Epic Transportation Engine”, GetBoat logo and other logos and registered trademarks) are protected by the Licensor’s or third parties’ intellectual property rights. The Licensee is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the respective intellectual property solely in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available via the Service, in each case solely for the Licensee’s commercial use. The Licensor reserves any rights not expressly granted herein.

(D) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Licensor’s control.

(E) The Licensee enters into this Contract at his/her sole risk. The Service and any information provided to the Licensee are provided “as is” and “as available”.

(F) The relations between the Licensee and the Licensor fall exclusively within the Contract contained herein. Nothing shall be presumed to indicate that the Licensor and the Licensee have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other contract.

(A) in case of the Charter Price or its part is paid by the User as specified in clause 3.4(A) of this Contract the License Fee shall be deducted from the Charter Price or its part paid by the User;

(B) in case of the Charter Price is paid by the User to the Licensee as specified in clause 3.4(B) the Licensee shall within 3 (three) business days transfer the License Fee to the Licensor.

(A) all payments made by the Licensee under this Contract shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by law; if the Licensee makes a deduction or withholding required by law from any payment, the sum due shall be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, the Licensor receives a sum equal to the sum it would have received had no deduction or withholding been made;

(B) all payments made by the Licensor are considered to include all taxes that may be paid by the Licensee in connection with the payment, the amount of additional fees and commissions of payment systems and the payment of such payments is the exclusive responsibility of the Licensee. Under no circumstances the Licensor shall be obliged to deduct or withhold any tax when making the payment to the Licensee.

- “Global Online Travel” Limited Liability Company (registered in the Republic of Armenia, registration number 271.110.1183229) shall be the Service operator in the following regions: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Republic of Tajikistan, Republic of Uzbekistan. In these regions the operator shall perform all the Licensor’s obligations and exercise its rights towards the Licensees, including but not limited to making payments and settlements under the terms and conditions specified herein.

(A) the Licensee has legal capacity under the laws of all applicable jurisdictions and agrees to this Contract voluntarily, and in particular that:

(B) the Licensee’s compliance with this Contract is lawful and his/her obligations under this Contract are legally binding and valid, and in particular that:

(C) the Licensee has carefully and thoroughly read and understood this Contract;

(D) the Licensee enters into this Contract with the intent to faithfully fulfil its terms;

(E) entering into this Contract the Licensee has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Contract;

(F) all information provided by the Licensee (including in the process of registration and authorization for the conclusion of the Contract and obtaining access to the Service) is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Licensor enters into this Contract with him in reliance on the representations and warranties set out in this section;

(G) all information provided by the User while using the Service, including his/her personal data, cookies, etc., may be checked for the purposes of sanctions compliance under the US and EU regulations following the Russia’s military aggression against Ukraine.

(H) by uploading photos and videos of the watercraft offered for the Charter the Licensee represents and warrants that he/she has all rights to those photos and videos and actions with them and does not violate the intellectual property rights of any third parties; the Licensor shall in no way and under no circumstances be liable to third parties in case of alleged violation of their intellectual property rights in respect to any content (including photos and videos of the watercrafts) uploaded by the Licensee in the Service; in case of receipt by the Licensor of any claims for violation of intellectual property rights of third parties the Licensor in response to such a claim shall have the right to and the Licensee acknowledges, consents and authorizes the Licensor to provide those third parties with information about the Licensee who uploaded the disputed content in the Service. All disputes arisen out of or in connection with the violations hereof shall independently be resolved by the Licensee and any third parties without involving the Licensor.

(A) regularly (at least daily) monitor and review any announcements connected with the Service and amendments to this Contract available on the Site;

(B) use the Service only for the purposes and in the manner expressly permitted by this Contract;

(C) notify the Licensor immediately if any of the representations and warranties made under this Contract becomes untrue, incomplete, invalid or misleading in any respect;

(D) not engage in any activity that interferes with or disrupts the Service in any way;

(E) be fully responsible for keeping, the information required to access its Personal Account (including the password) confidential, secure, intact and under control;

(F) not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Licensor;

(G) not carry out decompiling, reconstructing or restoration of the Service or any of its parts, except as may be permitted by applicable law;

(H) not link to, mirror or frame any portion of the Service;

(I) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;

(J) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;

(K) not use or reference in any manner the Licensor's names, logos, product and service names, trademarks or services marks unless permitted by the Licensor;

(L) not otherwise infringe the Licensor’s intellectual property rights concerning the Service, the software and any other content of the Site through which the Licensee accesses the Service;

(M) observe all applicable laws and regulations (including the legislation and the rules of transportation when carrying out transportation of passengers by watercraft and baggage, tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Licensor in any jurisdiction in which it directly or indirectly uses the Service;

(N) in case of the information or documents provided by the Licensee to the Licensor become incorrect, incomplete or obsolete, the Licensee shall immediately notify the Licensor thereof by updating the information or documents contained on his Personal Account or otherwise;

(O) provide promptly such evidence of his/her compliance with this Contract as the Licensor may at any time reasonably require;

(P) in case of any claims to the Licensor concerning the Service, send them within 5 (five) working days from the moment of their discovery;

(Q) provide the Licensor with comments and explanations related to the discharge of his/her obligations set out in this Contract within 5 (five) working days after the receipt of the Licensor’s relevant request;

(R) carry out Charter in strict compliance with the terms of the Charter Agreement agreed with the User;

(S) carry out the Charter in any circumstances except for the confirmed event of force majeure;

(T) not engage into any relations with a User secretly from the Licensor with the aim of avoiding the payment of License Fee;

(U) not transfer to third parties and not use independently, in connection with the performance of the Charter, any User data that has become available to the Licensee in connection with the use of the Service.

(A) no warranty is given in respect of the Service or any information provided to the Licensee; and

(B) the Licensor expressly disclaims all warranties and conditions of any kind, whether express or implied, including:

(A) any inaccuracy, incompleteness or delay in any information provided to the Licensee;

(B) any malfunction, instability, or another breakdown of any software used by the Licensor for the provision of the Service;

(C) any disclosure, loss, theft, destruction or inaccessibility of the Licensee’s Personal Account, password or other data (including the Licensee’s or any other person’s failure to keep these secure, safe and confidential);

(D) termination of this Contract at any time and for any reason;

(E) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;

(F) any war, riots, acts of God, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, typhoons, floods, lightning, earthquakes and natural calamities.

(A) any breach of this Contract;

(B) the Licensor exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the Licensee in connection with this Contract;

(C) infringement of any Licensor’s or third parties’ intellectual property rights or other laws in connection with the Licensee’s use of the Service and the Site and its contents;

(D) any damage caused to a User or his property in the process of any Charter completed by the Licensee.

(A) for a breach of clauses 8.1 (S), 8.1(T) of this Contract, the amount of the Charter Price;

(B) for a breach of 8.1 (U) hereof, USD2000 or its equivalent in the currency used in the place of the Licensee’s residency or place of operations.

(C) for a breach of clause 8.1(E) hereof in the amount of USD100;

(D) for a breach of clause 8.1(M) hereof the penalty shall depend on the damage caused to the Licensor as a result of breach by the Licensee of the applicable laws and regulations;

• Afghanistan;
• Burma (Myanmar);
• Central African Republic;
• Crimean Peninsula;
• Democratic People's Republic of Korea;
• Democratic Republic of the Congo;
• Donetsk and Luhansk regions of Ukraine;
• Islamic Republic of Iran;
• Kuwait;
• Lebanon;
• Liberia;
• Libya;
• Mali;
• Mongolia;
• Nicaragua;
• Republic of Cuba;
• Republic of Guinea;
• Republic of Guinea-Bissau;
• Sierra Leone;
• Somalia;
• South Sudan;
• Syrian Arab Republic;
• Venezuela;
• Yemen;
• Zimbabwe.

(A) the Licensee has breached any provision of this Contract or acted in a manner which clearly shows that the Licensee does not intend to or is unable to comply with any provision in this Contract;

(B) the Licensor reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or

(C) the Licensor determines that performing its obligations under this Contract is no longer commercially viable.