Terms and Conditions of Use gigDrive Application (Fleets)
Modification date: 27 July 2021

1. Introduction

Please read these Terms and Conditions of Use carefully before using the fleet related services of the Application “gigDrive” (hereinafter referred to as the "Application").

Please also note that by accessing, browsing and using the Application, You certify that You have read, understood, agreed to and ultimately accepted the Terms and Conditions of Use of this service (hereinafter referred to as “Terms”), including the Personal Data Privacy Policy(Fleets).

If, after having read all the documentation listed above, You find that for any reason You do not agree with and do not accept any of their content and provisions (including the Personal Data Privacy Policy (Fleets), You are kindly requested not to install the Application or to immediately delete it, as well as every part of it, from Your phone, tablet or any other electronic device and not to use it in any manner.

If, despite reading the following Terms, You still have any questions regarding these Terms or in case You need further clarifications or information on the Application services, You may contact the “Fleet Owner” (defined below) or the customer service department of Gulf Insurance Group/Jordan Company, by E-mail at [email protected]

2. General information

1. The company "OSeven Telematics Limited", a private limited liability company organized and existing under the laws of England and Wales and having its corporate seat in London and its official address at 35, Ballards Lane, London, United Kingdom N3 1XW (hereinafter referred to as "OSeven"), has the right to use and exploit this Application, which was created and developed by OSeven for the needs of the Company under the name Gulf Insurance Group/Jordan Company a public shareholding company organized and existing under the laws of the Hashemite Kingdom of Jordan and having its head-quarters in 49 AbdelMinem Riyad Street, Third Circle, Amman, Jordan (hereinafter referred to as the "Company") and is tailored to the provisions and specifications of the Company.
2. The Company, in collaboration with OSeven, allows You to install and use one copy of this Application as well as all related services which appertain thereto, under the Terms, which constitute a legally binding agreement (hereinafter called the "Agreement") between the Company and You, as the User of the Application.
   The Company, in collaboration with OSeven, reserves the right to update / modify / amend these Terms, whenever it deems that it is necessary. To this end, the update / modification / amendment will be posted on the Application and the last Modification Date will be indicated under the title of the Terms. The use of the Application after the Modification Date indicates Your acceptance of these updates / modifications / amendments.
3. These Terms are available via Your mobile phone device.
4. The Application is exclusive property of OSeven, operated, developed and provided by OSeven and it is protected by the applicable laws, which are currently in force, and in particular by the legal provisions on the protection of intellectual property, the protection of trademarks and distinctive signs and the legal provisions on unfair competition. You may only install and use one copy of the Application for personal and non-commercial use in accordance with the Terms of this Agreement and no other rights are granted hereby.
5. OSeven and the Company make no representation or warranty of any kind to You in relation to the accuracy of the Application or the services provided thereunder.
6. Please note that in the event that any of the Terms below is or becomes null and void, this will not affect the validity of the entire Agreement.
7. Furthermore, in addition to the following Terms and for the purposes of this Agreement, the provisions of the applicable laws apply, even if not explicitly stated in these Terms.
8. In case of any discrepancy between the provisions of the Terms in Arabic and English, the provisions of the Terms in English will prevail.

3. Definitions

For the purposes of these Terms, the following definitions apply:

• "We", "Us", "Our", refer also to the Company, as defined in the above Article 2, i.e. the Gulf Insurance Group Company.
• "You", "Your" "User" and “Users” pertain to the drivers who use the Application to join a driving behavior assessment program.
• “Application” refers to the software/mobile phone application that has been developed by OSeven for the needs of the Company and is tailored to the provisions and specifications of the Company.
• “O7PLATFORM”: The infrastructure (indicatively but not limited to front end, back end, data base, machine learning algorithms, driving behavior models, statistical models, campaigns, gamification schemes, loyalty programs, SafeMiles) as a complete information system that has been developed by OSeven and it is the exclusive property of OSeven. The O7PLATFORM has been developed by OSeven and it is hosted in recognized and acknowledged cloud service providers in the European Union (indicatively Amazon, Microsoft).
• "Fleet Owner": is a natural or legal person or any other entity, that has created a Fleet and it has created a Fleet to which You are/ You have become a member of.
• "Fleet": is a group of Users that have been invited by a Fleet Owner and they have registered to the Application using a specific Fleet Name.
• "Fleet Name": is the name that is assigned to the Fleet by the Fleet Owner.

4. Scope of the Application

The Application can record the driving behavior of any driver, who drives the vehicle in which Your smartphone is located in and determines a personalized rating (score) on Your driving behavior when You are the driver, as well as statistical analyses for all drivers who use the Application (the statistical data cannot be connected with specific natural persons). The Application is compatible with Android software version 6.0 and later, iOS 12.4 and later, under the condition that the official operating system as installed by the manufacturer of the smartphone device has not been altered, modified or amended. Indicatively it is stated that the Application may not be compatible with operations in rooted Android devices or jailbroken iOS devices.
Therefore, You hereby acknowledge, agree and confirm that You shall not be entitled to receive or claim for any amount of compensation from the Company or OSeven as a result of subscribing to and using the Application.

5. Application subscription

1. You may only use the Application provided that You have been invited by a Fleet Owner and You have subscribed to it as a User.
2. In order to activate Your account and become a User, the Fleet Owner will send you an invitation.
   Every person who is invited by a Fleet Owner and meets the Company’s requirements through (i) filling in the form, (ii) being insured by the Company, (iii) does not have any legal dispute with the Company and (iv) complies with the terms and conditions of the motor insurance policy shall be entitled to become a subscriber, with the purpose of participating in a driving behavior evaluation program, otherwise, the Company shall have the right to dismiss Your subscription.
   Application subscription and use is strictly personal. The assignment of use of the Application account to third parties is strictly prohibited. Any violation of this provision shall result in the termination of Your cooperation with the Company and OSeven, with immediate effect, and the Company and OSeven reserve the right to dismiss Your request for re-subscription in the future.
3. By subscribing to the Application You agree to the following:
   • To provide true, accurate, complete, and up-to-date information and inform the Company in case of any modification thereto immediately. The Application and the Company are not obliged to monitor or verify the accuracy of information which You provide. If any information You provide does not comply with the above or if We have any reason to suspect that such information is not accurate, We reserve the right to dismiss Your subscription request, and to suspend or terminate Your account, with immediate effect, without prior notice, and to refuse any and all current or future use of the services which require a subscription to the Application.
   • That You will not use the Application for any of the following purposes: to carry out any unlawful activities; in any manner that disrupts, damages or reduces the effectiveness of the Application; to transfer files that contain viruses, trojans or other malicious software; to access or attempt to access the accounts of other Users; to infiltrate or to attempt to infiltrate any security measures; to transmit any content which is defamatory, obscene or harassing, threatening or abusive to any person or any group of persons on grounds of religion, sex, sexual orientation, race, ethnicity, age or disability or anything to that extent; to advertise or promote Your products or services or the products or services of other parties.
   • That You shall not use the Application to engage in any activity which may damage the reputation of the Company or OSeven or the Fleet Owner.
   • That You shall not share any negative feedback regarding the Application on any type of social media. In any case, You agree to share any negative feedback with the Company only and the Company will use its best efforts to solve any issues you may face.
   • That You shall comply at all times with all applicable laws of the country in which You use the Application (i.e. the Hashemite Kingdom of Jordan).
   • In the event that the Application allows the use of nicknames/usernames, You shall avoid using nicknames/usernames which are considered offensive.
   • You shall not share Your usernames and passwords or sign in emails with any other party so as to avoid the usage of the Application by other parties.
   • That the access and use of the Application service through mobile devices, or through the use of certain smartphone functions, may involve the payment of a fee to the provider of mobile telephone services which You use ("Provider"), and You are solely responsible for the payment of such fees.
   • You shall maintain and operate the technical equipment and the operational procedures, in order to have access to the Application, including, but not limited to, the operation of the smartphone that is compatible with the Application, internet connection, data plans, GPS.
   • To receive alerts (Notifications) on Your mobile or E-mail, of the messages that the Company or the Fleet Owner want to share with You.
   • That You are solely liable for any fines, penalties and any administrative and judicial proceedings which may be initiated by or against You, on account of Your activities or Your driving behavior.
   • That OSeven (either on OSeven’s account on or account of third parties) is entitled to the use and commercial exploitation of all data, recorded by the Application or calculated in the O7PLATFORM (e.g. “Primary Data”, “Driving Behavior and Vehicle Use Data”, “Reward Data”), at all times and without giving prior notice to the Users, in compliance with the Terms. As such, by subscribing to this Application, You fully agree that OSeven will be entitled to use and have access to all Your data recorded by the Application, including the Primary Data, Driving Behavior and Vehicle Use Data, Reward Data.
4. Regarding Υour account security please note that in the case you sign in with a username and password Υou shall be solely responsible for maintaining the confidentiality of Your username and password. In the case you use sign in with emails containing sign in links Υou shall be solely responsible for maintaining the confidentiality of those emails. We advise You not to share Your username, password or sign in emails with anyone at any time. The Company and OSeven shall not be liable for any damages that may arise from or in connection with the disclosure, on Υour part, of Υour username, password or sign in emails to a third party or the use of Your username, password or sign in emails by a third party to access Your account. In the event of any unauthorized use of Your account, You must immediately notify the Fleet Owner or the Company at [email protected]. Please note that Υou can change Your password or request a sign in email at any time in accordance with the procedure specified in the Application.

6. Application Use

1. Upon installation of the Application on Υour device and the start of its operation, Υou are requested to drive carefully and as safely as possible, according to the applicable regulations and laws, respecting the other drivers and road users (e.g. pedestrians).
2. By using the Application, You allow it to access the data required for the recording of Υour driving behavior, in the event that a third party is driving the vehicle on a specific Trip, the driving behavior of the third party (whose personal data obviously remain unknown to the Company, to the Fleet Owner and to OSeven) which are listed in detail in Personal Data Privacy Policy (Fleets), that is an integral part hereof.
   “Trip” means the period from the moment that the driving status has been confirmed by the Application to any stop of driving with a duration equal to or higher than a value that is determined in the Application, e.g. five (5) minutes (please check the FAQs for more information).
3. More specifically, the use of the Application signifies that You have logged in and that You have activated all functions of Your device which are required for the automatic recording of Your driving activity, as soon as the driving activity starts and for the automatic stop of the recording once the driving activity stops, as they are specified in the installation procedure of the Application and in the FAQs section which are posted in the Application. By way of example, the Location/GPS service, Activity Recognition/Motion and Fitness, WiFi operation, Compass Calibration (only on iOS devices), Location services, Google Play Services (only on Android devices) and automatic background app refresh services (only on iOS devices), must be activated. For the proper function of the Application You should not exit/sign out nor uninstall it nor deactivate it in any way (e.g. on Android devices You should not activate the battery saving mode, “kill” the Application etc.). WiFi should be activated since it improves the accuracy of the location services and improves the recording initiation. If for any reason the Application is deactivated, You must immediately arrange for its reactivation. By using the Application, You accept the Application evaluation results on Your driving behavior. However, You reserve the right to access these data, according to the terms specified in Personal Data Privacy Policy (Fleets), which is an integral part hereof.
4. OSeven uses the Google Maps API service to provide You the services related with the Application. Please also note that by accessing, browsing and using the Application, You certify that You have read, understood, agreed to and ultimately accepted the additional Terms of Use (Google Maps / Google Earth Additional Terms of Service: https://maps.google.com/help/terms_maps.html) and the Privacy Policy (Google Privacy Policy: https://policies.google.com/privacy) of the service.
5. The Application also uses data from the ©OpenStreetMap (https://www.openstreetmap.org) to provide You the services related with the Application. This data is available by the OpenStreetMap Foundation (https://wiki.osmfoundation.org/wiki/Main_Page) under the Open Database License; detailed information regarding the Open Database License, the copyright and the relevant terms can be found in the following links: www.openstreetmap.org/copyright, www.opendatacommons.org/licenses/odbl/.
6. The Company or the Fleet Owner may use the Application in order to organize competitions to reward the safest drivers during a specific period in recognition of their contribution to: (i) the increase of their road safety and the safety of any potential passenger(s) of the vehicle that the User drives, as well as of the users of the road network (e.g. drivers, pedestrians), (ii) environment protection, since safe driving behavior results in lower emission of pollutants and is, thus, associated with ecological behavior, (iii) the improvement of Corporate Social Responsibility of the Fleet Owner, (iv) the increase of the safety of the vehicle used by the User, in case that the vehicle in question is owned by the Fleet Owner, (v) the decrease of the wear of the vehicle used by the User, i.e. minimization of the repair and the maintenance cost, in case that the vehicle in question is owned by the Fleet Owner, (vi) the decrease of the fuel cost for the Fleet Owner, since safe driving behavior and normal / smooth driving habits are directly associated with lower fuel consumption, in case that the Fleet Owner covers the fuel cost of the vehicle in question, (vii) the increase of the safety of the Fleet Owner’s products potentially transferred by the vehicle used by the User and (viii) the potential decrease of the insurance premium for the vehicle used by the User, in case that the said insurance premium is paid by the Fleet Owner.
   The criteria for the competition ranking will be solely based on the driving behavior and the covered distance of the participants. For each competition specific and separate terms of use will be published, which will be accessible via the Application and You will need to provide a separate consent in order to participate in a competition.
   For the avoidance of doubt, it is to be noted that Your Application score will not necessarily be reflected on Your annual premium (i.e. the Company will assess Your premium based on several factors, including Your Application score, insurance policy, vehicle accidents (if any)).
7. It is clearly stated that the developers of Your electronic device software (by way of example, Apple, Google) are not in any way involved in or affiliated with the aforesaid competitions.

7. User’s obligations

1. As noted above, and without prejudice to OSeven’s rights, OSeven allows You to merely install and use one copy of the Application and no other rights shall be assigned to You. The sale or disposal of the Application to third parties in any way is prohibited.
2. You are kindly requested to comply with all technical restrictions in the Application which allow its use only in the designated manner, as well as to use the Application with due consideration.
3. By way of example, it should be noted that You shall not:
• override any technical restrictions in the Application software;
• reverse engineer, decompile or disassemble the source code or the object code of the Application software;
• make more copies of the Application;
• publish the Application for others to copy;
• rent, lease, sub-lease, translate or lend the Application;
• transfer the Application to any third party;
• use or copy the Application for competitive or commercial services;
• distribute existing passwords in the Application to third persons or;
• use the Application for commercial application hosting services.

The Fleet may be eligible to receive a discount up to 25% at renewal basis based on the total Fleet score from the date of activating the accounts of the gigDrive Users, provided that, during such period, the Users (i) keep the Application running and not exit from, uninstall or deactivate their accounts and (ii) comply with all the Terms stipulated hereunder and (iii) all discount ratios provided by the Company are subject to review and calibration on regular basis. The total score of the Fleet shall be the only method to determine the renewal discount percentage according to the discount ratios provided by the Company.

9. Personal Data Collection and Processing Policy - Privacy Policy

1. Once You have signed in the Application, OSeven shall proceed to the processing of the data collected through the Application, in order to calculate Your Driving Behavior, Vehicle Use Data and Reward Data. For the avoidance of doubt, only OSeven will have access to Your complete Primary Data and the Fleet Owner will have access to Your Location Data. OSeven does not send any of Your Primary Data (including the Location Data) to the Company, i.e. the Company will not have access to Your Primary Data (including the Location Data).
2. By subscribing to the Application, you hereby agree and accept that the Fleet Owner will have access to Your Location Data, Driving Behaviour and Vehicle Use Data and Reward Data and all other personal data relating to You. However, the Fleet Owner is obliged to keep confidential all such data and personal data processed and collected through the Application. Since the Company will not have access to Your Location Data, You further agree and accept that the Company shall not be responsible in any way for any Location Data leakage or misused by the Fleet Owner.
3. OSeven shall comply with high ethical standards and respect Your Privacy while processing Your data. With the exception of disclosures required or permitted by applicable laws to any public or judicial authority, the Company, the Fleet Owner and OSeven shall not disclose Your personal information to third parties without Your consent. However, the Company and OSeven reserve the right to disclose Your personal data to affiliated companies, in compliance with all applicable laws and regulations and the Agreement, as well as to trusted processors and consultants, on a need-to-know basis or in the event that they must have access to this information in order to perform the services and optimize the Application, including customer service and external audits, to Your benefit.
4. We should emphasize that the Company and OSeven have complied with all procedural security requirements to prevent misuse and unauthorized access and any process the Company and OSeven use is in accordance with national and international data protection regulations.
5. For more information regarding the policy on the collection and management of personal data, please refer to Personal Data Privacy Policy (Fleets) which is integral part hereof or contact the Fleet Owner or the Company by E-mail to: [email protected]

10. Intellectual Property Rights - Right of Use

1. The Application, including the algorithms by which it works, as well as all related intellectual and industrial property rights, including, but not limited to, their distinctive traits and titles, trademarks, images, graphics, photographs, designs, texts, etc., are the property and intellectual property of OSeven, which is protected by the applicable laws and in particular by the provisions on protection of intellectual property, trademarks and distinctive signs, as well as by the provisions on unfair competition.
2. As stated above, You may only install and use one copy of the Application and no other rights are granted hereby. Copying, analog/digital recording and mechanical reproduction, distribution, transfer, processing, retailing, creating of any derivative work or misleading the public as to the actual provider of the Application is absolutely prohibited. Reproduction, republication, uploading, posting, transmission or transfer or any other use of the Application in any manner or means, for commercial or other purposes, is subject to the prior written consent of OSeven.
3. Under the Terms set forth herein and all applicable laws and regulations, OSeven grants You a non-exclusive, non-transferable, personal, limited right to access and use the Application. This license does not mean an ownership transfer of a title of any kind.
4. It should be noted that OSeven reserves the right to monitor the permanent or temporary non-approved reproduction of the Application in any manner and to pursue any appropriate remedies to terminate it. Moreover, OSeven reserves the right to prohibit any translation, adaptation, illegal traffic (counterfeits, illegal copies etc.) or any other modification to the Application, as well as any form of distribution to the public, including the lease of the original Application or any copies thereof.
5. Finally, decompiling of the Application is strictly prohibited. Moreover, it is explicitly stated that rebuilding the Application or any other creative work/development that is significantly similar to the Application, as described herein, through the use of the information obtained through decompiling, as well as any other act which may infringe OSeven’s copyright, is prohibited. The above prohibition extends to programs which have been rebuilt through decompiling even if their functional expediency is different to the Application’s.

11. Disclaimer

1. OSeven declares that (i) the use of the Application is absolutely harmless to Your vehicle / vehicle that is used by You (in case that the vehicle is owned by the Fleet Owner), and (ii) the Application does not affect the vehicle's operating systems. Therefore, the Company and OSeven shall not be responsible in any way for any damage to Your vehicle or the vehicle’s software resulting from the Application.
2. OSeven hereby declares that the use of the Application is absolutely harmless to Your smartphone. The Application does not affect the smartphone's operating system. Therefore, the Company and OSeven shall not be responsible in any way for any damage to Your smartphone’s software resulting from the Application.
3. It should also be noted that the Application does not affect the driving behaviour, nor does it distract the User while driving.
4. The content and services of the Application services are provided "as they are" without any warranty, whether explicit or by any means implied, on their effectiveness, the uninterrupted availability, the absence of errors. Please note that all processes are based on statistical and probabilistic methods which result in the best possible statistical representation and quantification of the User’s driving behavior and calculation of the respective risk through the User’s rating. Therefore, the processing results contain a probability of error per occurrence or instance, but overall, they provide a realistic representation of the User’s driving behavior and the respective risk of each sample.
5. OSeven shall not be responsible for any inaccuracies of the information obtained through the Application. Moreover, OSeven shall not be responsible for the determination of the premiums for Your vehicle, as long as the Application is used in connection with the policy You have signed with the Company.
6. OSeven shall apply all reasonable efforts to ensure the optimum functionality of the Application. Nevertheless, it is stated that OSeven is not responsible for:
   • the settings or functionalities that are adopted by the manufacturers of smartphone devices or developers of the operating systems of the smartphone devices (e.g. Apple for iOS and Google for Android) that may affect the functionality of the Application beyond the control of the Company and OSeven.
   • improper functioning of the Application in case that the User has not applied all the required permissions and settings for the Application related with the smartphone device and the operating system of the smartphone.
   • improper functioning of the Application due to hardware malfunction of the smartphone device.
7. Please note that OSeven shall not participate in any judicial or extrajudicial dispute, resolution proceedings, negotiations and/or litigations between You and any third party with whom You may have contracted, unless compelled to do so by judicial or any other public authorities. Third party means any third party other than OSeven. It may mean the Company or the Fleet Owner or any other party with whom the Company may have contracted. OSeven is not responsible for the pricing policy of a third party, nor does OSeven determine it jointly with the third party. OSeven shall not be liable, under civil, criminal or administrative law provisions, nor has the right or capacity to appear in court, either as respondent, or intervenor or guarantor for the procedure, in connection with any dispute which may arise from and in connection with the performance of the policy You have concluded with the Company.
8. You hereby agree and acknowledge that OSeven and the Company do not form part of the legal relation that may connect You to the Fleet Owner.
9. You expressly waive and discharge the Company and OSeven from any liability, claim, or damages resulting from the use of the Application and which do not relate to a breach of these Terms and the provisions of the applicable legislation on the part of the Company and OSeven.

12. Termination of Use

1. Your hereby accept that Your Account will be terminated immediately in the case that the cooperation between the Company and the Fleet Owner is terminated for any reason.
2. You hereby accept that Your Account may be terminated by the Fleet Owner at any time.
3. The Company or/and OSeven may at all times notify, suspend or cancel, temporarily or permanently, Your account, and pursue any appropriate legal remedies if: (i) You breach any guarantee or obligations under this Agreement, or any policies or rules pertaining to it, (ii) You engage in fraudulent practices or behavior, or (iii) the Company or OSeven find, at their absolute discretion, that Your activities or behavior have caused damage or threaten to cause damage to third parties, or to the Company or to OSeven or the Application.
4. You hereby acknowledge and agree that You are not entitled to any compensation from the Company or OSeven on account of the deletion or suspension of Your Application account.
5. Finally, We hereby inform You that You are under no obligation to use the services of the Company and OSeven and You may at all times choose to stop using them.

13. Charges

The use of the Application shall be free of charge by the User. You do not have any financial responsibility towards OSeven or the Company in consideration for the use of the Application. Any and all fees, charges and/or costs in connection with or related to the use of the Application and the insurance policy, are directly determined and applied by the Company pursuant and subject to the contractual arrangement and acceptance You signed with the Company. In this respect, You understand and agree that OSeven is not in any way involved in and has no responsibility whatsoever regarding the application of such fees, charges and/or costs, if any applied, by the Company in consideration for the use of the Application by You.

14. Maintenance and Support

1. OSeven is under no obligation hereunder to provide any support, maintenance, updates, modifications or new versions of the Application.
2. However, from time-to-time, OSeven may release upgraded versions of the Application which may automatically upgrade the version of the Application that Υou are using on Your smartphone.
3. By using the Application, Υou consent to any such upgrades and Υou agree that the Τerms of this Agreement extend to any such upgrade.

15. Applicable Law

Any dispute arising from or in connection with this Agreement shall be governed by the laws of the Hashemite Kingdom of Jordan and shall be subject to the jurisdiction of the Central Courts of Amman (Qasr Al Adel).