Public Offer Agreement

Terms for bookings and orders · Effective date: 12 October 2026

Softering LLC (ТОВ «Софтерінг»), Ukraine, the operator of the YaCap mobile application and the website yacap.gr (the “Seller”), publishes this public offer to conclude an agreement for the provision of services (the “Agreement”). This offer is official and public: its terms are the same for all Buyers, regardless of their status, and no Buyer is given preference over another.

Terms and definitions

  • Platform — the YaCap mobile application and the website yacap.gr, where the Goods offered by the Seller, their characteristics and payment terms are presented.
  • Goods — services and products offered for purchase on the Platform, including reservations of mooring buoys, berths and other mooring places, and orders of food and other products from partner venues. Only goods and services whose sale is not prohibited or restricted by law may be offered.
  • Partner — a marina, buoy operator, restaurant or other business that provides the ordered Goods to the Buyer through the Platform.
  • Buyer — an adult natural person who uses the Platform, accepts this offer and intends to order or purchase Goods exclusively for personal needs not related to business activity.
  • Seller — Softering LLC, contact: contact@softering.com.

1. Subject of the Agreement

1.1. This offer sets out the rules and procedure for selling and purchasing Goods through the Platform and governs the relationship between the Buyer and the Seller in connection with such sales and the related services.

1.2. The Agreement is concluded (the offer is accepted) at the moment the Seller receives an order properly completed by the Buyer, with all fields marked as mandatory filled in. By submitting an order, the Buyer confirms full and unconditional agreement with all terms of this offer and the free will to conclude the Agreement.

1.3. Services under the Agreement may be provided directly by the Seller or by third parties engaged by the Seller, including Partners. The Seller remains responsible for the quality and timeliness of the services towards the Buyer.

1.4. The services provided under this Agreement (the “Services”) include, in particular:

  • organising reservations and delivery of Goods to Buyers — on the Seller's own or with the involvement of Partners, delivery and courier services;
  • information support for Buyers: explanations about placing an order, payment and receipt of the ordered Goods, their characteristics, and assistance with handling complaints.

2. Rights and obligations of the parties

2.1. The Buyer undertakes to:

2.1.1. Provide true and accurate information about themselves and their contact details so that the Seller can perform its obligations. The Seller is not responsible for failure to perform obligations caused by the Buyer's breach of this clause.

2.1.2. Not take actions that affect the normal operation of the Platform, and not use any devices, programs, algorithms, automated tools or equivalent manual processes to access, acquire, copy or monitor the content of the Platform.

2.1.3. Keep access to their account secure (including the Apple or Google account used to sign in) and not transfer, sell or otherwise give access to their account to third parties. The Buyer is solely responsible for all actions performed through their account. If the Buyer suspects unauthorised use of their account, they must notify the Seller immediately using the contacts on the Platform.

2.1.4. Respect the intellectual property rights of the Seller and other right holders when using the Platform.

2.1.5. Read this offer and the Privacy Policy before placing an order and accepting this offer.

2.1.6. Pay for the ordered Goods and for the services of the Seller and/or third parties engaged under the Agreement in time and in full.

2.2. The Buyer has the right to:

2.2.1. Receive all information about the Goods and the operation of the Platform that consumers are entitled to under applicable law.

2.2.2. Cancel a placed order in the app or through the contacts listed on the Platform, under the cancellation conditions shown for the specific booking or order.

2.2.3. Receive Goods of proper quality. If Goods of improper quality are provided, the Buyer may exercise their rights under applicable consumer protection law. Differences in design or presentation from the description on the Platform are not a sign of improper quality.

2.3. The Seller undertakes to:

2.3.1. Display on the Platform the main characteristics of the Goods, their price and other information needed to purchase them.

2.3.2. Provide the Services under this Agreement in a timely manner and with proper quality.

2.3.3. Give Buyers the opportunity to receive consultations about the Goods and the operation of the Platform through the contacts listed on the Platform.

2.3.4. Process orders received from Buyers and inform the Buyer, through the contact channels they provided, if the ordered Goods are unavailable or cannot be delivered.

2.3.5. Consider in good time and give a reasoned reply to complaints, claims and suggestions from Buyers related to the Goods or the operation of the Platform.

2.3.6. Provide the Buyer with a document confirming the purchase — an electronic receipt or another document containing the information required by law.

2.3.7. The Seller guarantees:

  • the lawfulness of selling the Goods on the Platform and the availability of supporting documents where required by law;
  • that all announcements and information on the Platform comply with applicable law;
  • that it holds all rights, including intellectual property rights, to use the materials, images, logos and trademarks placed on the Platform and in the payment services used to pay for the Goods.

2.4. The Seller has the right to:

2.4.1. Suspend, restrict or stop processing an order and/or providing other Services if the Buyer breaches this offer. In this case the Seller is not liable for any losses the Buyer may incur as a result.

2.4.2. Send the Buyer service messages about their bookings and orders, and — where the Buyer has agreed — informational and marketing messages about the Platform and the Goods by email, push notification or SMS/messengers. The Buyer may opt out of marketing messages at any time in the app or device settings or by following the instructions in the message.

2.4.3. Request documents identifying the Buyer where this is necessary to ensure the security of Buyers and the Platform and to prevent or stop fraud.

2.4.4. Change descriptions or photos of Goods at any time without prior notice.

2.4.5. Offer discounts and promotions and set special prices. The types of discounts and the conditions for them are shown in the relevant sections of the Platform.

2.4.6. Carry out maintenance or other works from time to time, during which the Platform may be partly or fully unavailable, without prior notice.

2.4.7. Engage third parties, including Partners, at its own discretion to provide the Services, while remaining fully responsible to the Buyer for their actions or omissions.

2.4.8. Place advertising on the Platform. The methods and procedure for placing advertising are determined by the Seller and may change without special notice.

3. Procedure for providing Services

3.1. Information on the Platform, including about the Goods, may be updated, changed or supplemented by the Seller at any time without prior notice to the Buyer. Photos of Goods may differ slightly from their actual appearance; descriptions and characteristics are provided for information. The Seller does not guarantee the absolute accuracy and completeness of materials about the Goods; full information can be obtained through the contacts on the Platform.

3.2. Prices on the Platform are shown in euro (EUR). The Buyer agrees that the price in an order is valid only at the moment the order is created and may change if the order is re-created. The final price is shown at the payment stage.

3.3. The Buyer places an order independently by choosing the desired Goods (for example, a buoy and time slot, or dishes from a restaurant menu) and confirming the order in the app. After the order is placed, a confirmation may be sent to the Buyer in the app or to the contacts provided. If it is impossible to contact the Buyer, the order may be cancelled; if it has already been paid, the Seller returns the amount paid to the Buyer's payment card.

3.4. The Buyer may pay for an order in one of the following ways, as available for the specific order:

  • by Visa or Mastercard payment card (including via Apple Pay or Google Pay) directly in the app. Payments are processed by the payment service provider Stripe, which initiates the transfer of funds from the Buyer's card to the Seller through acquiring banks, non-bank financial institutions and payment systems;
  • in cash on delivery, where this option is offered for the order.

Refunds are made to the payment card used for the purchase.

4. Liability of the parties

4.1. The parties are liable for failure to perform or improper performance of their obligations in accordance with this Agreement and applicable law.

4.2. If the Buyer has any questions or claims, they may contact the Seller using the contacts on the Platform. All disputes are resolved through negotiations; if the parties fail to agree, disputes are resolved in court in accordance with applicable law.

4.3. Not knowing the terms of the Agreement does not release the Buyer from responsibility for breaching them. To the extent permitted by law, the Seller is not liable for losses arising from the use of, inability to use, or results of using the Platform.

4.4. The Seller bears sole responsibility for the guarantees set out in this offer, is personally responsible for the content of the information it publishes, and holds all rights, licences and permits needed to place information on the Platform and in payment services. The Seller will settle at its own expense any third-party claims related to intellectual property placed on the Platform and/or in payment services and compensate the resulting losses, including legal costs.

4.5. The software, data, trademarks, copyrighted works and other objects used on the Platform are the intellectual property of their lawful owners and are protected by intellectual property law and international treaties. Any use without the right holder's permission is unlawful and may lead to civil, administrative or criminal liability.

5. Force majeure

5.1. The parties are not liable for failure to perform or improper performance of the Agreement caused by circumstances beyond their control that directly prevent performance, namely: war, military actions, blockade, embargo, international sanctions, currency restrictions, emergencies, import or export restrictions, acts of public authorities, fires, floods and other natural disasters or seasonal natural phenomena, strikes, epidemics, interruptions and accidents in energy, heat or water supply, and other circumstances usually recognised as force majeure in business practice.

5.2. A party unable to perform its obligations due to force majeure must notify the other party by post or email immediately, and no later than 5 (five) business days after such circumstances begin. A party that fails to notify in time may not rely on force majeure.

5.3. Force majeure must be confirmed by a competent chamber of commerce or public authority. The time for performance is extended in proportion to the duration of such circumstances.

6. Other terms

6.1. The Agreement is valid until the parties have fully performed their obligations.

6.2. Relations not regulated by this Agreement are governed by the law of Ukraine. This does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.

6.3. If a court finds any provision of this Agreement invalid or unenforceable, the remaining provisions remain in force.

6.4. This offer takes effect on 12 October 2026, is published on the Platform and remains valid until it is withdrawn by the Seller or a new version takes effect. The current version is always available at yacap.gr/offer.

6.5. The Seller may change this offer unilaterally. Changes take effect from the moment the new version is published on the Platform and apply to orders placed after that moment.

6.6. By accepting this offer, the Buyer confirms their legal capacity and accepts the obligations set out in it. If the Buyer does not agree with any of its terms (or with a new version), they may not use the purchasing functions of the Platform.

6.7. The Privacy Policy, which governs the confidentiality and processing of the Buyer's personal data, and the Payment Security Policy are integral parts of this offer.

Seller details

Softering LLC (ТОВ «Софтерінг»), Ukraine · contact@softering.com