This End-User Licence Agreement (“Agreement”) is between you, the end user (either an individual or an entity) (“You”), and Gulf General Cooperative Insurance(“GGCI”). The Agreement authorises You to use the Software specified in clause 1 below, which may be accessed from or operated via GGCI’s Web site or supplied from any other source under the terms and conditions set forth below. This is a licence agreement and not an agreement of sale. As between the parties to this Agreement, GGCI (or its licensors, as applicable) continues to own the Software and all intellectual and other proprietary rights therein. Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the “I Accept” button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the “I Do Not Accept” button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to GGCI.
1.1 As used in this Agreement, the term “Software” means, collectively: (i) the “GGI” mobile application; (ii) related explanatory written materials and any other possible documentation related thereto (“Documentation”); and (iii) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to You by GGCI under this Agreement.
2.1 GGCI grants to You a non-exclusive, non-transferable licence to access the website on which the Software is made available and to utilize the smartphone application in order to collect and analyze driving behaviour for the licensees’ use.
2.2 You (i) accept the licence granted to You in terms of clause 2.1 above; (ii) shall only use the Documentation internally in connection with your use of the Software; (iii) are authorised only to use the Software for your own purposes and shall not exploit it for commercial gain under any circumstances whatsoever; and (iv) acknowledge that You obtain no rights of ownership in the Software or Documentation whatsoever.
3.1 You shall not (i) except to the extent as may be permitted by law, modify, translate or create derivative works based on the Software, nor reverse assemble, decompile or reverse engineer the Software, whether in whole or in part, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, programming of the Software or any files contained in or generated by the Software, nor shall You permit, whether directly or indirectly, any third party to do any of the foregoing; or (ii) sell, lease, encumber, sublicense, lend, transfer or assign the Software.
3.2 You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights.
4.1 The Software may contain components and/or data which are licensed to GGCI by third-party licensors (“Third-Party Software”) and which are subject to separate terms embodied in separate End-User Licence Agreements provided by such licensors and made available to GGCI. Any such terms are incorporated in this Agreement by this reference and, insofar as the meaning of such terms applicable to the Third-Party Software conflict with the meaning of this Agreement in relation to the Third-Party Software, the meaning of additional licensing terms applicable to the Third-Party Software shall prevail.
5.1 The Software and all rights, including, without limitation, intellectual property rights therein, are owned by GGCI and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. You acknowledge that You shall possess no intellectual property rights whatsoever in the Software or the Documentation. The structure, organisation, and code of the Software are the valuable trade secrets and confidential information of GGCI and/or its licensors and affiliates. You must not copy the Software. You undertake not to remove, delete, or obscure any copyright or proprietary notices or confidentiality notices or labels on or in the Software or Documentation. Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software.
5.2 You will notify GGCI of any claim which may be made alleging that the Software infringes the intellectual property rights of a third party as soon as You become aware of any such actual or potential claim. You shall immediately bring to the attention of GGCI any infringement or suspected infringement by any third party of any of the intellectual property rights in the Software of which You are aware and shall at the request and expense of GGCI take such action or assist GGCI in taking such action as GGCI may deem appropriate to protect its intellectual property rights.
The data that we collect, process and enrich from and about you is limited to those categories and types of data that are necessary to enable us to provide the specific types of services that we are contracted to by our customers. Data in our platforms includes driver information, vehicle data, telematics data (including periodic location data, driving behaviour modelling and accident event data), insurance policy information and links between these data types. Not all categories of data apply to all of our services and solutions.
By accepting these terms and conditions You thereby grant consent to GGCI and its partners to store and process Your data outside the jurisdiction of the Kingdom of Saudi Arabia (“KSA”) should the need arise.
By accepting this You hereby confirm and give authority to GGCI to give access to your data to its data processing partners, who shall process the data collected and help GGCI evaluate the data in a more efficient manner. These data partners shall include, AiGenix FZCO, who shall abide by the same data protection laws as GGCI.
Before sharing Personal Data with entities located outside of the KSA, it is expressly confirmed that the legislations of the recipient country enable the lawful processing and receipt of such data, and that the recipient entities are equipped with secure and confidential servers to handle such data.
In the unfortunate event of any security breaches involving user data, prompt reports shall be made to the relevant KSA authority in accordance with the established data protection and reporting procedures.
Under no circumstances shall the personal means of communication, including postal and electronic addresses, belonging to the Data Subject be used for sending promotional or awareness materials without the prior consent of the Data Subject. Furthermore, a mechanism shall be provided to the Data Subject, enabling them to easily opt-out of receiving such communications.
Customer consent shall be diligently obtained with regard to the use of cookies in compliance with applicable regulations.
This data protection section serves as a binding commitment to safeguarding the privacy and security of user data and ensuring compliance with all relevant laws and regulations governing data protection and privacy within the Kingdom of Saudi Arabia and beyond.
Data shall be categorized based on its sensitivity to ensure appropriate handling and protection.
All data, regardless of its source or form, shall undergo rigorous anonymization or encryption processes to guarantee that it is entirely dissociated from customer data in a manner that precludes the direct or indirect identification of individuals. This includes, but is not limited to, personal details such as names, personal identification numbers, addresses, contact numbers, license numbers, records, photographs of individuals, and any other personally identifiable information. Such measures are implemented to safeguard the privacy and confidentiality of individuals' data.
7.1 This Agreement is effective from the first date You use the Software. You may terminate this Agreement at any time by permanently ceasing to use, deleting, and destroying the Software and all related materials provided by GGCI.
8.1 you acknowledge that the software is provided “as is” without warranty of any kind, express or implied, statutory or otherwise, and, to the maximum extent permitted by applicable law, neither GGCI, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including, without limitation, to the warranties of merchantability or fitness for a particular purpose or that the software will not infringe any third party intellectual property or other rights. The software has not been written to meet your individual requirements and there is no warranty by GGCI or by any other party that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the software to achieve your intended results and for the installation, use, and results obtained from it. You further accept and understand that you shall keep GGCI and its partners indemnified against any liabilities, which may arise against you for using the software in a manner not prescribed under this agreement.
9.1 GGCI will be under no obligation to provide any maintenance or support, including, without limitation, the correction or provision of errors, bugs, viruses, upgrades or enhancements, with regard to the Software unless separately agreed in writing between You and GGCI.
10.1 This Agreement creates no obligations on the part of GGCI other than as specifically set forth herein.
11.1 This Agreement will be governed, construed, and take effect in all respects in accordance with the laws of the KSA.
11.2 Any dispute arising out of or in connection with this agreement or any question regarding its existence, formation, performance, interpretation, validity, or termination, shall be subject to the exclusive jurisdiction of the Courts of the KSA.
12.1 This Agreement constitutes the sole record of the agreement between You and GGCI in relation to your use of the Software and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software. Neither you nor GGCI shall be bound by any express, tacit, or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated this Agreement supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between you and GGCI in respect of your use of the Software.
12.2 Failure or neglect by GGCI to enforce at any time any of the provisions of this Agreement shall not be construed as a waiver of its rights. Any waiver of any provision of this Agreement will be effective only if in writing and signed by GGCI.
12.3 If any clause in this Agreement is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
12.4 Any rights not expressly granted herein are reserved.
13.1 GGCI reserves the right to change any of the terms and conditions contained in this Agreement at any time and in its sole discretion. When we make changes, we will revise the "Last Updated" date at the top of this Agreement. Any changes will be effective immediately upon posting on GGCI’s Website and on “GGI” application. Your continued use of the Software following the posting of changes will constitute your acceptance of such changes.
