TATABO3 Terms of Use

Last Updated: February 2024

These Terms of Use represent the agreement between TATABO3 and You. By accepting these Terms of Use, You also agree with our Privacy Policy.

1. STATEMENT OF MEANING

1.1 “Account” means the accounts the Customer generates, over the Hosted Software, to obtain Customer Data.

1.2 “Affiliates” means any other operation that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with, the Customer.

1.3 “Apps” means the software applications for smartphones and tablets handed out by TATABO3 through Google Play or Apple App Store.

1.4 “Authorized User” means Customer’s employees whom Customer authorizes to use the TATABO3 Software strictly on its behalf.

1.5 “Customer” means the establishment for which you are accepting this agreement, and Affiliates of that establishment.

1.6 “Customer Data” means data input by Customer into Apps and Hosted Software, and the analysis, reports, and alerts generated by the Products containing such data. To avoid any doubt, Customer Data does not include any TATABO3 Software.

1.7 “Documentation” means any documentation made accessible to the Customer through the TATABO3 website or otherwise made accessible to Customers by TATABO3.

1.8 “Hosted Software” means TATABO3’s web-based software platform, including the interface accessed online.

1.9 “Order Form” means the quote describing the purchase of TATABO3 licenses issued by TATABO3.

1.10 “Refund” means an amount refunded to the Customer under the terms of this Agreement equal to (i) pre-paid fees for the time remaining in an applicable license term prorated to the period between (a) the date of termination and (b) the original license termination date specified in an Order Form. For the avoidance of doubt, a Refund may only be issued as expressly provided hereunder.

1.11 “TATABO3 Software” means the Apps and Hosted Software, including any modifications, patches, updates, and upgrades thereto that TATABO3 develops or provides in connection with this Agreement, and Support Services.

1.12 “Services” means the TATABO3 Software and Professional Services.

1.13 “Support Services” means the customer support services and Documentation, but excluding any Professional Services.

1.14 “Professional Services” means the professional services that are provided by TATABO3 to Customer (i) as purchased separately by Customer under an Order Form, (ii) in TATABO3’s sole discretion, or (iii) as otherwise mutually agreed between the Parties.

1.15 “Terms” means the terms contained in this Agreement.

2. ELIGIBILITY
To access or use the services provided by TATABO3, You must be an authorized representative of a legal entity or at the age of majority according to the relative legislation. By accepting these Business Terms, You assure that the information you provide is accurate, complete, and always present. Inaccurate or incomplete information may result in the immediate termination of your account via Tatabo3.

3. INTELLECTUAL PROPERTY RIGHTS
Tatabo3 is, and shall be, the sole and exclusive owner of all titles, logos, trademarks, and copyrights displayed on the website and mobile application or contained in the documents and other materials that are created, made, or conceived in the course of performing the services, including all intellectual property rights therein (hereinafter – intellectual property). You shall not copy, reproduce, store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease, or otherwise use, transfer (either in printed, electronic or other form) or exploit any intellectual property, in whole or in part, for commercial purposes or in any way that does not comply with these Terms of Use or applicable laws without prior written permission of TATABO3. In addition, the look of the website and mobile application, including all page headers, custom graphics, button icons,

button icons, and scripts is the trademark of TATABO3 and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TATABO3.

The use or misuse of TATABO3’s trademarks or other intellectual property, except as specifically permitted by these Terms of Use, is prohibited. You shall promptly notify TATABO3 if you recognize or suspect that any of TATABO3’s intellectual property rights have been violated By accepting this Agreement, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Products. If you are accessing and using the Products on behalf of a company (such as your employer) or other legal entity which is our Customer, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. References to “you” and “your” in these Terms refer to that company or other legal entity, our Customer. You may not use the Services if you are our direct competitor, as determined in our sole discretion, except with our prior written consent.

5. CHANGES TO TERMS OR SERVICES
We may modify the Terms at any time at our sole discretion. If we do so, we will inform you either by posting the modified Terms within the Services or through other communications with you, our Customer. You must review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Services, you are indicating to us that you agree to be bound by the modified Terms.

If you don’t agree to be bound by the modified Terms, then you may not continue to use the Services.

6. PRODUCT UPDATES
TATABO3 continuously improves the Products, and may from time to time

(i) update TATABO3 Software and cause Firmware updates to be automatically installed onto Customer Hardware,

(ii) update the Apps. TATABO3 may change or discontinue all or any part of the Products, at any time and without notice, at TATABO3’s sole discretion. Updates or upgrades may include security or bug fixes, performance enhancements, or new functionality, and may be issued with or without prior notification to Customer. The customer hereby consents to such automatic updates.

7. PAYMENT
The payment and billing terms are outlined in the applicable Order Form. Customer is responsible for all payments of applicable taxes, however, designated or incurred under this Agreement, and Customer shall reimburse TATABO3 for any taxes paid or payable on behalf of Customer.

Service fees are charged every month unless agreed otherwise between the Parties.

Services are billed at the beginning of each month . All payments should be cleared of any applicable taxes and fees for bank transfers (for payments made through the regular wire bank transfer). All the applicable taxes (such as VAT) should be paid by you according to your local legislation.

Tatabo3 reserves the right to amend and change its fees from time to time with prior notice of at least 30 days before the changes come

into effect, by sending you an email. By using Tatabo3 third-party payment processors, you agree to their terms of service. All fees are

non-refundable, which means that there are no refunds or credits for periods where you did not use the Services or used it partially.

8. ACCOUNTS
The customer shall be solely responsible for administering and protecting Accounts. The customer agrees to provide access to the

TATABO3 Software is only to Authorized users and requires such Authorized Users to keep Account login information, including

user names and passwords, strictly confidential and not provide such Account login information to any unauthorized parties. The

customer is solely responsible for monitoring and controlling access to TATABO3 Software and maintaining the confidentiality of

Account login information and any provided API tokens. If Customer or any Authorized User becomes aware that the security of any

Account login information has been compromised, Customer shall immediately notify TATABO3 and de-activate such Account or

change the Account’s login information. Authorized Users may only use TATABO3 Software strictly on behalf of Customer and

subject to the terms and conditions applicable to Customer herein. The customer is responsible and liable for any breach by an

Authorized User of his or her obligations hereunder.

9. CUSTOMER DATA
Ownership and Usage: Customer Data is accessible via the TATABO3 Software. The customer owns all Customer Data, and

TATABO3 will keep Customer Data confidential. Customer hereby grants to TATABO3 a non-exclusive, transferable, sublicense-

able, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, display, and distribute Customer Data

in connection with operating and providing the Services. TATABO3 will maintain reasonable administrative, physical, and technical

safeguards for the protection of the security, confidentiality, and integrity of Customer Data. TATABO3 will not share Customer

Data without Customer consent, except when the release of data is compelled by law. TATABO3 may collect and use analytics,

statistics, or other data related to the Customer Data and Customer’s use of the TATABO3 Software (i) to provide the TATABO3

Software to Customer; (ii) for statistical use (provided that such data is not personally identifiable); or (iii) to monitor, analyze,

develop upon, maintain, and improve the TATABO3 Software. Such use shall survive the termination of this Agreement unless

legally prohibited or Customer requests in writing upon termination that such use be limited to non-personally identifiable data.

Customers may export Customer Data at any time through the export features in the TATABO3 dashboard or via the TATABO3

API. The customer acknowledges that some information may not be exportable via the TATABO3 dashboard or the API. If this

Agreement terminates or expires and Customer does not renew, Customer Data may be immediately deleted.

10. CONFIDENTIALITY
10.1 Confidential Information: “Confidential Information” means any technical, financial, or business information disclosed by one

Party to the other Party that:

(i) is marked or identified as “confidential” or “proprietary” at the time of such disclosure; or

(ii) under the circumstances, a person exercising reasonable business judgment would understand it to be confidential or proprietary.

TATABO3 Confidential Information includes information related to any Products, including the pricing thereof, customers, and any

data or information that TATABO3 provides to Customer in the course of providing the Products to Customer. Customer

Confidential Information includes Customer Data and any data or information that Customer provides to TATABO3 to evaluate,

procure, or configure the Services (for example, makes and models of vehicles or equipment, address book or CRM data, vehicle

routes, or similar information). Confidential Information excludes information that: (i)is now or hereafter becomes generally known

or available to the public, through no breach of the receiving Party’s confidentiality obligations; (ii) was known, without restriction as

to use or disclosure, by the receiving Party before receiving such information from the disclosing Party; (iii) is acquired by the

receiving Party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or

(iv) is independently developed by the receiving Party without use or knowledge of or reference to any Confidential Information of

the disclosing Party.

10.2 Confidentiality Obligations: The Receiving Party agrees: (i) to maintain the disclosing Party’s Confidential Information in strict

confidence; (ii) not to disclose such Confidential Information to any third parties (except for any agents of the receiving Party in

performing under this Agreement under reasonable confidentiality obligations); and (iii) not to use any such Confidential Information

for any purpose except to perform under this Agreement or as authorized by the disclosing Party. Notwithstanding anything to the

contrary in this Agreement, the receiving Party may disclose the disclosing Party’s Confidential Information to the extent required by

law or regulation, provided that the receiving Party uses reasonable efforts to give the disclosing Party advance notice of such

requirement and reasonably cooperates with the disclosing Party at the disclosing Party’s expense in preventing, limiting, or

protecting such disclosure.

11. PROPRIETARY RIGHTS
11.1 TATABO3 Software: TATABO3 and its licensors exclusively own all rights, title, and interest in and to the TATABO3

Software that Customer accesses or licenses, including all associated intellectual property rights. The customer acknowledges that the

TATABO3 Software is protected by copyright, trademark, and other laws of the United Arab Emirates and foreign countries.

Customer agrees not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices

incorporated in or accompanying the Services. Customer shall and hereby does irrevocably transfer and assign to TATABO3 all

rights, titles, and interests it may have in the TATABO3 Software to TATABO3 and TATABO3 hereby accepts such transfer. No

ownership rights are being conveyed to Customer under this Agreement. Except for the express rights granted herein, TATABO3

does not grant any other licenses or access rights, whether express or implied, to any other TATABO3 software, services, technology,

or intellectual property rights.

12. PUBLICITY
Customer hereby permits TATABO3 to use the Company name and logo on TATABO3’s website, customer lists, and marketing

materials to list Customer as a customer. However, TATABO3 will not use Customer’s name, trademarks, or logos in any other way

without Customer’s prior consent.

13. TERM
The term of this Agreement begins upon the date on which you accept this Agreement by executing an Order Form that references

this Agreement and shall continue until the expiration of the last active Order Form where the license period ends or until otherwise

terminated earlier as provided hereunder.

13.1 Termination
You may terminate your use of the Services at any time by sending a notice to Tatabo3 at least 30 days before the date of termination.

Tatabo3 may unilaterally block your use of the Services including the suspension of access to your account if you fail to comply with

or violate the terms and conditions defined by the Terms of Service. In such a case, Tatabo3 shall send you a notice before the date of

termination. In the event of termination, you will continue to be responsible for any fees and/or charges you have incurred before the

termination.

13.2 Effect of Termination: At the Customer’s request, and subject to TATABO3’s data retention and backup policies, TATABO3

shall delete and remove any Customer Data on the Hosted Software.

14. DISPUTE RESOLUTION
You agree to make a diligent, good-faith attempt to resolve any disputes or controversies relating to or arising out of these Terms of

Use by informal negotiations within 30 (thirty) calendar days. During the time of informal negotiations, You agree to refrain from any

action or behavior, including, but not limited to actions in the media or social networks that may harm the reputation of TATABO3,

its affiliates, employees or clients, or cause damage to TATABO3, regardless of where and when such actions would occur. In case

of failure to solve any such dispute or controversy by way of negotiations, or if negotiations do not begin, the courts of Dubai shall

have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Use.

15. LIMITATION OF LIABILITY
15.1 No Consequential Damages: NEITHER TATABO3 NOR CUSTOMER NOR ANY OTHER PARTY INVOLVED IN

CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL,

PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR

GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE

SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE

THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR

ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF

ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY

FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.

15.2 Cap: EXCEPT AS TO ANY EXPRESS INDEMNIFICATION OBLIGATION SET FORTH HEREIN, IN NO EVENT WILL

EITHER PARTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE

OF OR INABILITY TO USE THE PRODUCTS EXCEED THE AMOUNTS CUSTOMER HAS PAID TO TATABO3

HEREUNDER, OR IF THE CUSTOMER HAS NOT HAD ANY PAYMENT OBLIGATIONS TO TATABO3 (FOR EXAMPLE

THROUGH A FREE TRIAL), ONE HUNDRED DOLLARS ($100).

15.3 THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF

THE BASIS OF THE BARGAIN BETWEEN TATABO3 AND THE CUSTOMER.

16. GENERAL TERMS
These Terms together with any applicable Order Form constitute the entire and exclusive understanding and agreement between

TATABO3 and you regarding the Services, and these Terms supersede and replace any prior oral or written understandings or

agreements between TATABO3 and you regarding the Services, however, if an Order Form differs from these Terms then the terms

of the Order Form control over these Terms. You may not assign or transfer these Terms, by operation of law or otherwise, without

TATABO3’s prior written consent, except in the case of a merger, acquisition, or sale of all or substantially all assets of your

company. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TATABO3 may freely assign or

transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their

successors, and permitted assigns. Any notices or other communications provided by TATABO3 under these Terms, including those

regarding modifications to these Terms, will be given:

(i) via email;

(ii) by posting to TATABO3’s website; or

(iii) by posting to the

Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Either Party’s

failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any

such right or provision will be effective only if in writing and signed by a duly authorized representative of both Parties. Except as

expressly outlined in these Terms, the exercise by either Party of any of its remedies under these Terms will be without prejudice to

its other remedies under these Terms or otherwise.

17. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact TATABO3 at info@tatabo3.me