END-USER LICENSE AGREEMENT

Last updated: September the st 2024

This End-User License Agreement (“EULA”) governs the relationship between MYTAXICRM - FZCO (“we”, “us”, “our”, “MyTaxiCRM”, “Company”) and you (“you”, “your”, “User”, “Customer”) in relation to access and use of a ready-to-use web application “MyTaxiCRM”, which you can access using our website https://mytaxicrm.com.

We encourage you to review this EULA carefully. Any use of the application “MyTaxiCRM” and our services related thereto, and any information and content included therein is subject to the conditions set forth in this EULA.

BY ACCESSING OR USING THE APPLICATION “MYTAXICRM” AND THE SERVICES, YOU AGREE TO BE BOUND BY THIS EULA, AS WELL AS BY THE TERMS OF USE OF OUR WEBSITE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS EULA, PLEASE DO NOT USE THE APPLICATION “MYTAXICRM” AND THE SERVICES.

1. General Provisions

1.1. Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

1.2. Definitions

“Account” shall mean, in particular, a stored set of the Customer’s data necessary for recognition (authentication) and the web interface provided to the Customer to use the App and access its data and settings.

“App” shall mean the Company's copyright-protected object in the form of a ready-to-use web application “MyTaxiCRM” (which the User can access using the Website).

“Company” refers to MYTAXICRM - FZCO, a company registered and acting under the laws of the United Arab Emirates with its registered office at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates, which owns and operates the App and the Website, and offers the Services.

“Customer” shall mean a User who is accessing or using the App and the Services through a registered Account and under the terms set forth by this EULA and by a separate SaaS agreement signed with the Company, and that is the end user of the App.

“Drivers” shall mean the Customer’s contractors, employees, etc., whom the Customer may engage to use the Driver portal as the App’s separate module.

“Fee” shall mean a fee to be paid by the Customer to the Company to access and use the App, as stipulated in a separate SaaS agreement.

“Services” shall mean the Services offered in the App.

“Software as a service agreement” (“SaaS agreement”) shall mean an agreement signed between the Company and the Customer under which the Company grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access to and use the App over the Internet under terms and conditions stipulated therein.

“User” shall mean an individual or a company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

“Website” shall mean the website https://mytaxicrm.com/ and its subdomains by using which the Company may provide its Services to Users.

1.3. Acknowledgement

By registering and using the App, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms and conditions of this EULA, do not register, do not access, or do not use the App. This EULA is a legal document between you and the Company, and it governs your use of the App that is made available to you.

The App is licensed, not sold, to you by the Company for your use strictly in accordance with the terms of this EULA, as well as with the terms and conditions stipulated in a separate SaaS agreement signed with the Company.

1.4. Eligibility

To access and use the App, you represent and warrant that you have the right, authority, and capacity to enter into this EULA and to abide by all of its terms and conditions.

If you are accessing the App and the Services on behalf of a certain company, entity, or organisation (collectively an “entity”), then you represent and warrant that you: (i) are an authorised representative of that entity with authority to bind such entity to this EULA; (ii) have read and understand this EULA; and (iii) agree to this EULA on behalf of such entity. All references to “you” in this EULA shall also refer to such an entity.

1.5. EULA Amendments

The Company reserves the right, at its sole discretion, to update, amend, modify, or supplement the EULA at any time. The updated EULA will be posted on the Website or in the App and we will use reasonable efforts to notify you of any updated EULA.

We will inform you of any essential changes at least 15 days prior to the moment such changes come into force by posting a notice on our App, but it is your responsibility to review them. If you do not agree with such changes, you have the right to refuse to receive our Services and stop using our App and the Services within such 15 days. You agree to periodically review this EULA in order to be aware of any such changes.

By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms and conditions of this EULA. If you do not agree to the new terms and conditions, you are no longer authorised to use the App.

2. License

2.1. Scope of License

All rights, titles, and interests in and to the App and those arising in connection with the App and the provision of the Services belong to the Company, its affiliates, partners, licensors or designated third parties, if any.

Subject to your compliance with this EULA, creating an Account, and payment of applicable Fees under a separate SaaS agreement, the Company grants the Customer a non-exclusive, non-transferable (except the right to engage the Drivers to use the Driver portal), non-sublicensable, revocable, and limited license to access and use the App only for the Customer's internal business purposes, namely: to operate, manage, and control Customer’s vehicles fleet and connected data and processes (the “License”) under the terms set forth herein and in an appropriate SaaS agreement signed with the Company.

The License that is granted to you by the Company is solely for your internal business purposes strictly in accordance with this EULA and an appropriate SaaS agreement signed with the Company.

2.2. License Restrictions

Any rights not expressly granted herein shall remain with the Company or its affiliates, partners, licensors, or designated third parties, if any.

You may use the App and the Services under the conditions set forth herein provided that:

1. you may not, and you will not permit others to sell, distribute, reproduce, transmit, publicly demonstrate, translate, modify, adapt, create derivative works, disassemble, reverse engineer, decompile, lease, borrow, sublicense, or otherwise use the App and the Services and any other intellectual property without the prior written permission of the Company or its affiliates, partners, licensors or designated third parties, if any;
2. you may not, and you will not permit others to remove, alter, or obscure any proprietary notice (including any notice of copyrights or trademarks) of the Company or affiliates, partners, licensors, or designated third parties, if any;
3. you may not, and you will not permit others to use the App, the Services, or any other intellectual property in a manner that suggests an association with any of our products, services, or brands.

3. Intellectual Property

3.1. Ownership

The License granted hereunder and under a separate SaaS agreement, your access to and use of the App and the Services does not give you any ownership of, or any other intellectual property interest in any part of the App, the Services, or any content including any specific functionalities and technologies of our App and our Services (including past, present and future versions of the App).

The App, its source and object code, and all its components, including, but not limited to, code, modules and program components, concepts, ideas, methods, techniques, procedures, processes, know-how, techniques, models, templates and generalised structure characteristics, architecture and organisation of the App, user interface, design objects, utilities, graphics, all objects of copyright and (or) related rights and intellectual property rights, as well as all rights to them shall remain, the sole and exclusive property of the Company.

All names, logos, products or service names, trademarks, service marks, trade dress, as well as related names, marks, emblems and images or any similar names and marks (hereinafter — the “Trademarks”) displayed in the App are owned by the Company or designated third parties and may be used only in connection with use of the App and the Services and for no other purpose whatsoever.

The Customer shall retain its intellectual property or other rights to databases or other objects downloaded, inserted, or in any way transferred by the Customer to the App.

THE COMPANY USES TRADEMARKS OF RIDE-HAILING PLATFORMS ONLY WITH THE PURPOSE OF IDENTIFYING OR REFERRING TO RIDE-HAILING PLATFORMS, AND SUCH USE IS NECESSARY TO INDICATE THE INTENDED PURPOSE OF THE APP AND THE SERVICES AND IS PROVIDED IN GOOD FAITH. THE COMPANY IS NOT AFFILIATED, ASSOCIATED, AUTHORISED, ENDORSED BY, OR IN ANY WAY OFFICIALLY CONNECTED WITH RIDE-HAILING PLATFORMS, ITS COMPANIES, ITS SUBSIDIARIES, OR ITS AFFILIATES. RIDE-HAILING PLATFORMS’ NAMES, LOGOS, PRODUCTS OR SERVICE NAMES, TRADEMARKS, SERVICE MARKS, TRADE DRESSES, AS WELL AS RELATED NAMES, MARKS, EMBLEMS, AND IMAGES, BELONG TO THEIR RESPECTIVE OWNERS.

3.2. Protection

The App source and object code, and all its components, including, but not limited to, code, modules and program components, concepts, ideas, methods, techniques, procedures, processes, know-how, techniques, models, templates, and generalised structure characteristics, architecture and organisation of the App, user interface, design objects, utilities, databases and their content, graphics, all other objects of copyright and (or) related rights and intellectual property rights, as well as all rights to them and other materials related to the App and the Services: (I) are protected by applicable copyright, trademark, and other proprietary rights (including, but not limited to, intellectual property rights), (II) are owned by us or one of our affiliates, partners, licensors or other third party, and (III) protected by applicable international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except for the limited License granted to you to use the App and the Services under this EULA and an appropriate SaaS agreement, we do not grant or assign to you any license, right, title, or interest in or to the Services or any associated intellectual property rights.

The modification, reproduction, distribution, sale, licensing, reverse engineering, decompilation, copying, redistribution, use, or publication of any part of our intellectual property, unless expressly permitted in this EULA, by an appropriate SaaS agreement or otherwise, is strictly prohibited. Posting information or materials in the App does not constitute a waiver of any right in such information and materials.

3.3. Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted in the App or through the Services infringes a copyright or other intellectual property infringement of any person.

If you are a copyright owner or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place in the App or through the Services, you may submit your notice in writing to the attention of our representative via email [email protected] and include in your notice a detailed description of the alleged infringement. The request will be considered by the Company's representative within a reasonable time.

4. Access to the App

4.1. Access.

Any use of the App functionality is available for registered Users only. Access to the App is provided through a registered Account on the Website that allows the registered User to use the software functions of the App.

4.2. Registration.

In order to use the App and access the features of the App you need to sign up for a personal Account and be issued with a username (login) and password (“login credentials”). You should use “Book demo” tab and fill out the provided form on the Website. You must provide accurate information, namely: contact phone number, email address, first and last name, the country(s) where your fleet operates, the size of your fleet, ride-hailing services you work with, model your fleet operates, and submit a request to us. The Company’s manager will contact you to discuss details.

We reserve the right to change the registration form and add new fields and, accordingly, therefore, require you to provide additional information to keep your Account active.

All personal data provided is processed in accordance with our Privacy Policy.

Subject to successful moderation, signing a separate SaaS agreement, and/or payment of applicable Fees under a separate SaaS agreement (if required under the terms of a separate SaaS agreement), the Company creates your Account and provides you with personal login credentials to access to the App and its functionality. You may use the Services only through your own login credentials. You may not share your login credentials or make your Account available to third parties. You are entirely responsible for maintaining the confidentiality of login credentials in your possession. You are liable for any and all activities that occur under your login credentials. You must immediately notify the Company of any unauthorised use of your Account or any other breach of security relating to the Services.

4.3. Payment for Registration.

The Fee to access the App and payment procedure shall be stipulated in a separate SaaS agreement signed between you and the Company.

you have any questions regarding Fees and/or payment procedure for our Services you may contact our support team at [email protected].

4.4. Suspension or Termination of the Account

The Company shall have the right to revoke the License, suspend the access to the App, or terminate the access to the App in the following cases:

1. you breach payment terms stipulated in a separate SaaS agreement signed with the Company;
2. you fail to follow the terms and conditions set forth in this EULA or in a relevant SaaS agreement and/or law requirements;
3. you provide prohibited activities in the App;
4. you ignore emails, notifications, requests from the Company, and you don’t get in touch for a long time.

Upon Account termination, we will delete all your data unless otherwise legally prohibited or required. You will remain liable for all obligations related to your Account even after the Account is suspended or terminated.

5. Functionality of the App

By using the App as a Customer, you can access the following features:

1. fleet integrations:
   
   - ride-hailing platforms (the App allows you to work with the combined data from several ride-hailing platforms in one place (compare metrics, monitor performance, experiment with approaches, and choose the best interaction options among the aggregators you work with);
   
   - payment and accounting;
   
   - GPS tracking and monitoring (you can monitor the location, speed, and sensor readings of the vehicle (for example, the presence of drivers and/or passengers in the car through sensors in the seats);
   
   - fuel maintenance (factor fuel and maintenance costs into the overall operating structure of your business);
   
   - communication;
2. vehicle management:
   
   - vehicle entity management (you can work with static identification data (photos of documents, information about the vehicle (make, model, year of manufacture, registration number, VIN code, and much more), expiration dates of insurance policies, etc., see consolidated historical data, see the status of each car, keep track of the additional equipment installed on each vehicle);
   
   - planning and forecasting of the vehicles' cycle (you can plan the work schedule of each vehicle and understand its availability, as the system takes into account the periods of scheduled maintenance, vehicle transfers between driver shifts, working and weekend days of assigned drivers, and vehicle transfer and acceptance records between drivers);
   
   - consolidated performance reporting (the App allows you to generate, display in a convenient form, and download a wide variety of reports on the summary statistics of your business productivity, applying filters of different levels – that is, you can monitor the quantitative indicators of trips according to the categories of orders, income, and expenses in different breakdowns, and fleet efficiency KPIs);
   
   - vehicle transfer protocol between Drivers (the App allows to control at the moment of transferring the car from one driver to another or from the driver to the fleet);
   
   - vehicle kilometrage (mileage) control (the App allows you to know the actual kilometrage, distances travelled in different modes (during orders, pickup distances); you will also be able to set various limits and set certain allowances or deductions for drivers (over mileage, use of cars outside the fleet);
   
   - service schedule (a separate module for automated reminders according to the schedule of regular maintenance, along with control over their implementation by the fleet management personnel);
   
   - branding goals control (the App helps to clearly follow the terms of ride-hailing campaigns to brand vehicles and receive additional bonuses for vehicles with their brand);
   
   - car accident management (the App provides a protocol for each party to follow in the event of an accident (interaction with the police, in case of injuries, with insurance companies), which documents to collect and store, and control of the reimbursement of expenses from the at-fault party or insurance company);
3. Driver management:
   
   - Driver entity management (you may work with static identification data (photo of documents, information about the person (full name, age, gender, DOB), you may set up initially and account for individual terms of cooperation with a person, elements of financial accounting and control);
   
   - Drivers' performance monitoring (the App presents information about the engagement and productivity of each Driver with whom you operate for further analysis and influence: metering and indicators of online hours (both according to platform data and real readings of the linked car), trips by status and order categories; start and end times (shift start/end), statuses of driver/passenger presence in the cabin, currently active and available ride-hailing platforms);
   
   - onboarding funnel (the App allows to fill your funnel via call-centre, manage leads through statuses and hiring supervision, and control the cost of acquisition);
   
   - candidate and Driver blacklist (the App provides a convenient tool for collecting relevant information from partner fleets with the ability to provide characteristics and comments);
   
   - Driver-to-management queries processing system (the App provides a built-in system for creating and transferring driver requests to management personnel, followed by selecting the responsible party (according to their role or authority), and accounting and monitoring the effectiveness of the execution of tasks);
   
   - Driver portal (you may engage Drivers to use the Driver portal (a separate system UI access for your Drivers, where each of them can control the elements of interaction related to the fleet: agreed terms of cooperation, information about individual earnings and expenses, additional bonuses and/or discounts from partners, various limits, the history of car transfer reports, and much more);
4. fleet finance:
   
   - models of fleet business set-up;
   
   - financial relationships with drivers (the App provides general collection and presentation of cash flow information (income and expense components of driver and vehicle performance, balances, bonuses, down payments, deposits, debt, penalties, etc. with a breakdown into cash and non-cash components), a system of financial incentives and deductions, a separate automated process for repaying non-cash balances);
   
   - transactions, operations, and interactions with contractors (the App allows managing the following types of operations: internal fleet transactions by their types and/or processes with a system of cost reconciliation according to the distribution of responsibilities (roles), settlements with external counterparties, accounting of balances on various accounts);
5. other features:
   
   - multi-level role system (the App allows you to establish a multi-level separation system according to the defined roles among your fleet employees);
   
   - internal task management system (the App provides use of automatic alerts based on scenarios that are determined by certain system events (triggers) will help each functional unit of your organisation to receive, process, and monitor the execution of emerging tasks in a timely manner);
   
   - ERP for internal staff (management of cooperation terms and internal KPIs, control of operational and financial aspects of the business – balance sheets, income, expenses, internal project management);
   
   - business consulting services for fleets (such Services are available by prior individual agreement);
   
   - custom dashboards (such Services are available by prior individual agreement);
6. change your password in the App;
7. update personal info in the App;
8. use other available functions of the App.

6. Your Use of the App and the Services

6.1. Lawful Use of the App and the Services

You agree to use the App and the Services in compliance with this EULA and applicable local, national, international laws and regulations. You warrant that your use of the Software and/or Services does not infringe any third-party intellectual, privacy or other rights. You also agree to comply with data protection laws within any applicable jurisdiction when using the App and our Services.

We are not and shall not be held responsible for your use of the App and/or Services in a way that violates the law. Any fraudulent, abusive, or otherwise illegal activity may be grounds for revoking the License, closure of your Account or suspending your access to the Account and/or Services.

You are only allowed to use the App and the Services particularly solely for your internal business purposes set forth herein or in a separate SaaS agreement signed with the Company.

6.2. Prohibited Use of the App and the Services

By accessing our App and using our Services, you agree NOT TO (and you will not permit others to):

1. perform any activities related to the App and the Services that:
   
   - intentionally or unintentionally violate any applicable local, state, national, or international law, regulation, or violate this EULA or a separate SaaS agreement signed with the Company or any other agreement or policy regulating relations between us;
   
   - violate the intellectual property rights or any other rights of third parties;
2. use the App in order to develop, create a product or a service similar or competitive to the App and/or the Services;
3. modify, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about the App or its technologies;
4. breach the security of the App, or identify, probe, or scan any security vulnerabilities in the App;
5. violate the security of the App or attempt to gain unauthorised access to the App, data, materials, information, computer systems, or networks connected to any server associated with the App;
6. use or attempt to use any scraper, robot, bot, spider, data mining, or any other automated device, program, tool, algorithm, process methodology, or manual process having similar processes or functionality to access, acquire, copy, or monitor any portion of the App or collect data from the App;
7. intentionally disrupt or interfere, whether directly or indirectly, with the App, in any manner that may adversely affect the Company or any other User of the App: use any device, software, algorithm, file, or other tool or technology, including without limitation any viruses, trojan horses, worms, time bombs, or cancelbots intended to damage or interfere with the App or to surreptitiously intercept or expropriate any data from the App, or breach any security or authentication measures;
8. upload, download, post, email, transmit or otherwise make available any materials, information in the App that:
   
   - is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful;
   
   - includes any material that harasses or expresses hate towards any race, ethnicity, religion, national origin, gender identity, sexual orientation, disability, age, lifestyle, or veteran status, etc.;
   
   - infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
   
   - includes any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
   
   - includes info on any political candidates, parties, or organizations or using images of politicians, parties, or political organizations;
   
   - includes inappropriate language or numerous misspellings or grammatical errors, etc;
   
   - you do not have the right to make available under any law or under contractual or fiduciary relationships with third parties;
9. make unauthorised use of the App, including, in particular, unauthorised access to its systems or any other illegal use of any information contained in the App;
10. share the Account login credentials to any third parties, except to the Customer’s employees/contractors, for accessing the App on behalf of the Customer to use it under the terms and conditions set forth in this EULA and in a separate SaaS agreement signed with the Company.
11. use the App or any of its parts for any purpose not set forth in this EULA and in a separate SaaS agreement without obtaining the Company’s prior written consent;
12. transfer either the right or the ability to access to the Account, the App to third parties otherwise as stated herein.

We reserve the right to revoke the granted License, suspend or terminate your Account and access to the App or the Services without prior notice if we, at our sole discretion, believe that you have engaged in any of the actions stated above or any fraudulent or abusive use, or misuse, of the App and the Services. The unauthorised or illegal use of the App or the Services or any other breach of the EULA will be investigated and appropriate legal action, including, in particular, civil, criminal or other legal proceedings, may be applied to you.

7. Modifications and Updates of the App

7.1. Modifications to the App

The Company reserves the right, at our sole discretion, to change, modify, terminate, suspend, or discontinue, temporarily or permanently, the App or any Service to which it connects, at any time with or without notice and without liability to you.

7.2.Updates to the App

The Company may, from time to time, provide enhancements or improvements to the features/functionality of the App, which may include patches, bug fixes, updates, upgrades, and other modifications.

Updates may modify or delete certain features and/or functionalities of the App. You agree that the Company has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to you.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the App, and (ii) subject to the terms and conditions of this EULA.

8. Maintenance and Support of the App

The Company shall use commercially reasonable efforts to ensure that the App is available for use and access, except in the case of scheduled maintenance for which the Company will endeavour to provide advance notification on the App.

The Company will take all possible measures to help you fix problems, defects, and errors in the App. The Company shall use commercially reasonable efforts to respond to support requests within one business day and shall address (internally and externally) such support requests in a commercially reasonable manner. Support shall include, without limitation, troubleshooting system functionality, providing guidance on usage and workflow, and identifying and considering issues, which the Company prioritises, in its sole and absolute discretion, based on severity, scope and impact.

Access to the App and/or the Services may be unavailable, delayed, limited, or slowed from time to time due to, in particular:

1. failure of server, network, equipment (including your own device), communication lines, and other electronic and mechanical equipment;
2. software failure, including, but not limited to, defects, bugs, viruses, configuration problems, incompatibility of systems, utilities, or applications, the performance of screening programs, unreadability of code, or violation of certain documents or other content;
3. system capacity overload;
4. damage caused by severe weather, earthquakes, war, rebellion, riot, civil unrest, accident, fire, water damage, explosion, mechanical breakdown or natural disaster;
5. interruption (partial or full) of energy supply or other utility service;
6. strike or other suspension (partial or full) of work;
7. government or regulatory restrictions, court decisions, or other external interference; or
8. any other reasons (whether or not similar to any of the above) which are beyond our control.

9. Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP, INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", AND THE COMPANY DOES NOT GUARANTEE THE ABSENCE OF ANY DEFECTS, BUGS, OR OTHER INACCURACIES IN THE OPERATION OF THE APP, INCLUDING THOSE BEYOND THE COMPANY’S CONTROL. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE APP, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE APP; OR (IV) THAT THE APP, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

THE COMPANY IS NOT RESPONSIBLE FOR YOUR USE OF THE APP AND ANY AVAILABLE SERVICES.

THE COMPANY ASSUMES NO LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND OR NATURE, OR ANY DAMAGE ASSESSED OR ASSERTED AGAINST, OR ANY LIABILITY INCURRED BY OR IMPOSED ON YOU OR ANY OTHER PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING FROM OR IN CONNECTION WITH THE USE OF THE APP OR THIS EULA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY DAMAGES THAT THE USER MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY UNDER THIS EULA FOR ANY DAMAGES, REGARDLESS OF CAUSE, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER FOR ACCESS TO THE APP. ONLY DOCUMENTED LOSSES ARE ELIGIBLE FOR COMPENSATION, AND IN NO EVENT SHALL THE COMPANY BE LIABLE FOR THE USER'S LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED BY THE USER.

THE COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY INTERACTION BETWEEN THE USER AND THIRD PARTIES WHOSE WEBSITES, PLATFORMS, APPLICATIONS, SERVICES ARE LINKED TO THE APP.

THE USER ACKNOWLEDGES AND AGREES THAT THE USER’S ACCESS AND USE THE APP FUNCTIONALITY, INCLUDING THE INTEGRATIONS WITH THE ITS ACCOUNTS ON THIRD-PARTY PLATFORMS, ON ITS INITIATIVE AND RISK. THE USER SHALL SOLELY ENSURE COMPLIANCE WITH THE APPLICABLE TERMS OF USE OF SUCH THIRD-PARTY PLATFORMS AND SHALL INDEMNIFY THE COMPANY FROM ANY AND ALL THIRD-PARTY CLAIMS REGARDING THE USER’S USE OF THE APP.

THE USER ACKNOWLEDGES AND AGREES THAT THE USER SHALL BE SOLELY LIABLE FOR ANY AND ALL THIRD-PARTY CLAIMS REGARDING ANY CONTENT THE USER UPLOADS TO THE APP, INCLUDING THOSE RELATED TO THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

HE USER UNDERTAKES TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF APPLICABLE LEGISLATION REGARDING THE PROTECTION OF PERSONAL DATA WHEN HANDLING DRIVER’S PERSONAL DATA AND SHALL BE RESPONSIBLE FOR SANCTIONS BY REGULATORY AUTHORITIES OR CLAIMS BY THIRD PARTIES.

11. Indemnification

You access to the App and use the Services at your own risk and for your sole responsibility. You agree to indemnify, defend and hold the Company and its affiliates, officers, employees, agents, partners, licensors, contractors, service providers (if any) harmless from any and all claims, demands, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), due to or arising out of: (a) your use of the App and the Services, including any integration with third-party platforms, which may result in claims related to intellectual property rights, privacy violations, or other third-party rights; (b) your violation of this EULA, including the violation of any applicable laws or regulations of the United Arab Emirates or any other jurisdiction; or (c) your violation of the terms of use of any third-party website, platform, application or services integrated with the App; (d) any claims or damages arising from the handling of personal data, particularly in cases where the User fails to comply with applicable data protection laws. This indemnification obligation hereunder shall survive the termination or expiration of this EULA.

12. Miscellaneous Provisions

12.1. Severability and Waiver

If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this EULA shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

12.2. Assignment

The User is prohibited from assigning or transferring this EULA, in whole or in part, or its rights or obligations hereunder, by operation of law or otherwise, without the Company’s express prior written consent. Without such consent, any endeavour to assign or transfer this EULA will be null and of no effect.

We may freely assign this EULA or subcontract our obligations without restriction.

12.3. Applicable Law

We operate and manage the App and the Services from our office in the United Arab Emirates. All matters relating to the App and the Services or this EULA shall be governed by the applicable laws of the United Arab Emirates, without regard to its conflict of law provisions.

12.4. Dispute Resolution

If you have any questions to the Company regarding this EULA or certain disputes that affect the use of the App or receipt of the Services, you agree to first try to resolve the dispute informally by contacting the Company. We will use reasonable efforts to resolve such disputes through negotiation.

All disputes arising in connection with this EULA that cannot be resolved by negotiation shall be settled by the appropriate courts of the United Arab Emirates. The law of the United Arab Emirates shall apply to dispute resolution.

12.5. Separate Agreement Requirement

You are required to enter into a separate SaaS agreement with us to grant you rights to obtain your access to the App and to use the App and our Services.

You acknowledge and agree that you will enter into and be bound by the terms of a separate SaaS agreement that both this EULA and a separate SaaS agreement will govern your use of the App and the Services. In the event of any conflict between the provisions of this EULA and a separate SaaS agreement, the terms of a separate SaaS agreement shall prevail.

A SaaS agreement will become effective once both parties have signed it. Until such time, this EULA remains fully applicable.

A SaaS agreement entered into may be terminated or amended as specified therein. Termination of a separate SaaS agreement does not affect your obligations under this EULA unless explicitly stated otherwise.

12.6. Feedbacks

We welcome your comments, suggestions or other feedback (“Feedback”) about how to improve the App and the Services. By submitting the Feedback in any manner to us, you grant us the unlimited right, at our discretion, to use, disclose, and otherwise exploit the Feedback, in whole or in part, without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.

12.7. Term and Termination

This EULA will remain in full force and effect until terminated by the Company or by you and as long as you continue to access or use the App. All provisions of this EULA that by their nature shall survive termination, including, without limitation, those relating to disclaimers of warranties and limitations of liability.

The Company may, in its sole discretion, at any time, suspend or terminate this EULA with or without prior notice and may terminate or suspend your access to the App under the terms stated herein and in a relevant SaaS agreement signed with the Company.

This EULA and your access to the App will be suspended or terminated immediately in the event that you fail to comply with any provision of this EULA.

Termination of this EULA will not limit any of the Company's rights or remedies at law or in equity in case of breach by you of any of your obligations under the present EULA and set forth by a SaaS agreement signed with the Company.

12.8. Contact Us

Should you have any questions concerning this EULA, the App, or the Services, please contact us via the following means of communication:

• Our address: Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates;
• Our email: [email protected].