1.1. These terms of service (Terms of Service or the Agreement) define the legally binding
1.2. Terms of Service are made between the entity named in the main account of the service
(Customer) and one of the Tawasolmap entities, who provide the relevant services.
1.3. Your consent to be legally bound by the Terms of Services is expressed at the time of
registering your account or at the time of first access to your account.
1.4. If you are entering into this Agreement on behalf of your employer or other legal entity,
you represent that you have the legal authority to bind Customer. Customer’s
continued use of services and software provided by Tawasolmap constitute assent to the
Agreement. If Customer does not unconditionally agree to all of the terms of this
Agreement, you must cancel your registration or login process and you are not
permitted to use the service or the software.
2.1. Subject to Customer’s full compliance with the terms and conditions of this Agreement,
Tawasolmap will provide the Customer with a subscription to access its cloud-based
2.1.1. fleet monitoring and fleet management system (AVL WEB https://gps.tawasolmap.com);
2.1.2. fleet monitoring and fleet management system (AVL WEB https://gps2.tawasolmap.com);
2.1.3. fleet monitoring and fleet management system (AVL WEB https://gps3.tawasolmap.com);
2.1.4. other IoT related network management, connectivity services, security services,
router operating systems, and other related services, including any Platform APIs
or SDKs, mobile apps, provided by Tawasolmap through the Internet .
2.2. Except for Client Software, the service and the software underlying or used to deliver
the Service will be hosted on servers under control or direction of Tawasolmap or its third
2.3. Any Service is subject to modification from time to time
at Tawasolmap’s sole discretion, for any purpose deemed appropriate by Tawasolmap.
Tawasolmap will use reasonable efforts to give Customer prior notice of any
material modifications. Tawasolmap may also decide to discontinue the Service or any
component of the Service by giving reasonable prior notice to Customer.
3.1. Unless otherwise notified by Tawasolmap when granting access to the Service or when
ordering Tawasolmap Products or Service (e.g. in the purchase orders), the Service is
provided without charge.
3.2. Certain Service may be available for trial period. After the trial period ends the
Customer will be charged a monthly or annuly subscription fee.
3.3. Paid Service are provided on a monthly or annuly subscription basis and are payable in advance
by Customer (pay-as-you-go). If Tawasolmap does not receive payment until the
beginning of next subscription month, the relevant Service may be automatically
suspended. If suspension due to non-payment lasts longer than three months, the
Service subscription may be terminated.
3.4. Pricing for paid Service will be communicated to Customer by Tawasolmap at the time of
granting access to the Service, in the purchase order for products, or otherwise
published by Tawasolmap on the relevant Service webpage. The pricing is subject to
change not more often than twice per year upon prior notice of 30 days. If Customer
does not agree with the changed pricing, they may cancel the subscription4. SERVICE LEVELS AND SUPPORT
4.1. Service Level. For paid Service subscriptions Tawasolmap will undertake commercially
reasonable efforts to make the Service available at least 95 % of time, or as otherwise
documented and made available by Tawasolmap to Customer, except for Tawasolmap’s right
to suspend Customer’s access to the Service: (i) for scheduled or emergency
maintenance, (ii) in the event Customer is in breach of this Agreement, including failure
to pay any amounts due, or (iii) as a result of circumstances beyond Tawasolmap’s
reasonable control (including, but not limited to: acts of God, acts of government, flood,
fire, earthquake, civil unrest, acts of terror, strike or other labor problem, hosting
provider failure or delay, issues related to a third party, or denial of service attacks)
4.2. Support. As part of support the Customer may access and use Tawasolmap VIP helpdesk
5.1. Customer will not, and will not permit any third party to:
5.1.1. reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code, object code or underlying structure, ideas or algorithms of any portion
of the Service, documentation or data related to the Service (provided that reverse
engineering is prohibited only to the extent such prohibition is not contrary to
5.1.2. modify, translate, or create derivative works based on the Service;
5.1.3. use the Services for time-sharing or service bureau purposes or for any purpose
other than its own internal use, use the Services in connection with any high risk
or strict liability activity;
5.1.4. use the Service other than in accordance with this Agreement and in compliance
with all applicable laws and regulations, including but not limited to any privacy
laws, marketing and data security laws and government guidelines, and laws and
regulations concerning intellectual property, consumer and child protection,
obscenity or defamation;
5.1.5. run or use any processes that run or are activated while Customer is not logged on
to the Services or that “crawl,” “scrape,” or “spider” the Service; or
5.1.6. use the Service in any manner that (i) is harmful, fraudulent, deceptive,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
otherwise objectionable (including without limitation, accessing any computer,
computer system, network, software, or data without authorization, breaching the
security of another user or system, and/or attempting to circumvent any user
authentication or security process), (ii) impersonates any person or entity,
including without limitation any employee or representative of Tawasolmap, or (iii)
contains a virus, Trojan horse, worm, time bomb, unsolicited bulk, commercial, or
“spam” message, or other harmful computer code, file, or program (including
without limitation, password guessing programs, decoders, password gatherers,
keystroke loggers, cracking tools, packet sniffers, and/or encryption circumvention
5.2. Customer will cooperate with Tawasolmap in connection with the performance of this
Agreement by making available such personnel and information as may be reasonably
required, and taking such other actions as Tawasolmap may reasonably request. Customer
will also cooperate with Tawasolmap in establishing a password or other procedures for
verifying that only designated employees of Customer has access to any administrative
functions of the Services.
5.3. Customer is responsible for all acts and omissions of its employees, subcontractors,
and anyone to whom Customer provides access to the Service or that is using or
accessing the Service on Customer’s behalf (Agents) (including any breaches of this
Agreement) as if Customer committed such act or omission itself. Tawasolmap may
exercise any rights and/or remedies under this Agreement, at law or in equity, against
Customer based upon such acts or omissions of such Agents.
5.4. As a condition of Customer’s use of the Services and with respect to third-party claims,
Customer agrees to indemnify, defend, and hold harmless Tawasolmap, its affiliates,
subsidiaries, and its and their respective officers, directors, employees, agents,
licensors, contractors, suppliers, successors, and assigns from and against any
judgements, claims, actions, losses, damages, liabilities, costs, or expenses (including,
but not limited to, reasonable attorneys’ fees and legal expenses) of any kind arising
from Customer’s and/or its Agents use of the Service or related products, or from or
attributable to any breach by Customer and/or its Agents of Customer’s obligations
established herein or any privacy, employee, or consumer protection right that is
implicated herein and by the Service, or Customer’s and/or its Agents infringement, or
the infringement or use by any other user of Customer’s account, of any intellectual
property or other right of any person or entity. All indemnification duties shall continue
in effect even after, and notwithstanding, any subsequent revocation of consent or the
expiration or termination of the Agreement or Customer’s and/or its Agents use of the
5.5. Customer will be responsible for maintaining the security of Customer’s account,
passwords, including but not limited to administrative and user passwords and files,
and for all uses of Customer account with or without Tawasolmap’s knowledge or consent.
5.6. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR
USE WITH DATA, CONTENT OR INFORMATION USED FOR OR REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPON
SYSTEMS, IN WHICH THE FAILURE OF THE SERVICES, INTERNET OR
THIRD PARTY CLOUD SERVICE PROVIDER INFRASTRUCTURE COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE (“HIGH RISK APPLICATIONS”).
TAWASOLMAP AND ITS THIRD PARTY LICENSORS SPECIFICALLY DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK
6.1. Each party (the “Receiving Party”) understands that the other party (the “Disclosing
Party”) has disclosed or may disclose information relating to the Disclosing Party’s
technology or business (hereinafter referred to as “Proprietary Information” of the
Disclosing Party). Without limiting the foregoing, the Client Software and any software
provided by Tawasolmap is Tawasolmap Proprietary Information. Customer will obtain
agreement from its Agents that it will treat Tawasolmap Proprietary Information in
accordance with the terms of this Agreement prior to allowing any such Agent to have
access to the Services.
6.2. The Receiving Party agrees: (i) not to divulge to any third person any such Proprietary
Information, (i) to give access to such Proprietary Information solely to those
employees and Agents with a need to have access thereto for purposes of this
Agreement, and (iii) to take the same security precautions to protect against disclosure
or unauthorized use of such Proprietary Information that the party takes with its own
proprietary information, but in no event will a party apply less than reasonable
precautions to protect such Proprietary Information. The Disclosing Party agrees that
the foregoing will not apply with respect to any information that the Receiving Party
can document (a) is or becomes generally available to the public without any action by,
or involvement of, the Receiving Party, or (b) was in its possession or known by it prior
to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without
restriction by a third party, or (d) was independently developed without use of any
Proprietary Information of the Disclosing Party. Nothing in this Agreement will
prevent the Receiving Party from disclosing Proprietary Information pursuant to any
judicial or governmental order, provided that the Receiving Party gives the Disclosing
Party reasonable prior notice of such disclosure to contest such order.
6.3. Customer acknowledges that Tawasolmap does not wish to receive any Proprietary
Information from Customer that is not necessary for Tawasolmap to perform its
obligations under this Agreement (including, without limitation, any information
protected under applicable privacy laws and regulations), and, unless the parties
specifically agree otherwise, Tawasolmap may reasonably presume that any unrelated
information received from Customer is not confidential or Proprietary Information.
6.4. Both parties will have the right to disclose the existence but not the terms and
conditions of this Agreement, unless such disclosure is approved in writing by both
Parties prior to such disclosure, or is included in a filing required to be made by a party
with a governmental authority (provided such party will use reasonable efforts to obtain
confidential treatment or a protective order) or is made on a confidential basis as
reasonably necessary to potential investors or acquirers and such are bound by the terms
of a similar confidentiality agreement with at least as restrictive covenants to protect
7.1. Except as expressly set forth herein, Tawasolmap alone (and its licensors, where
applicable) will retain all intellectual property rights relating to the Service and the
software and any suggestions, ideas, enhancement requests, feedback,
recommendations or other information provided by Customer or any third party relating
to the Service and/or the software, which are hereby assigned to Tawasolmap. Customer
will not copy, distribute, reproduce or use any of the foregoing except as expressly
permitted under this Agreement. This Agreement is not a sale and does not convey to
Customer any rights of ownership in or related to the Service or any intellectual
7.2. Customer represents and warrants that Customer owns and will continue to own all
worldwide right, title and interest in, or presently holds and will continue to hold a valid
license to, all information distributed by or on behalf of Customer through the Service
(Content) and the intellectual property rights with respect to that Content. If Tawasolmap
receives any notice or claim that any Content, or activities hereunder with respect to
any Content, may infringe or violate rights of a third party or any applicable law or
regulation (“Claim”), Tawasolmap may (but is not required to) suspend activity hereunder
with respect to that Content and Customer will indemnify Tawasolmap from all liability,
damages, settlements, attorney fees and other costs and expenses in connection with
any such Claim, as incurred.
8.1. By using or accessing the Service, Customer hereby grants to Tawasolmap a worldwide,
royalty-free, non-exclusive, irrevocable, sublicensable right and license to use, copy,
display, perform, store, distribute and modify Data as necessary to perform the Service.
“Data” means all electronic data and information submitted by Customer for set up and
provisioning of the Service, and information created, generated, collected or harvested
by Tawasolmap in the furtherance of this Agreement and the security and performance of
the Service. Data does not include any Content.
8.2. Notwithstanding anything else in this Agreement or otherwise, Tawasolmap may monitor
Customer’s use of the Service and Customer Information, and in an aggregate and
anonymous manner, compile statistical and performance information related to the
provision and operation of the Service (Tawasolmap Data), and may make such
information publicly available, provided that such information does not identify
Customer or Customer’s Proprietary Information. Tawasolmap shall own all right, title
and interest in and to the Tawasolmap Data. To the extent needed to perfect Tawasolmap’s
ownership in the Tawasolmap Data, Customer hereby irrevocably assigns all right, title
and interest in such Tawasolmap Data to Tawasolmap.
8.3. The Service may make use of directly non- identifiable location data (including, but
not limited to, GPS coordinates, the MAC address and received signal strength of
nearby Wi-Fi access points, nearby cell tower IDs, and the IP Address) that is sent by
devices using the Service. In order to allow Tawasolmap to provide the Service and to
ensure the best user experience, the Service may utilize a third party provider to resolve
location requests. At all times, Customer’s location information will be treated in
consents to Tawasolmap and its partners’ transmission, collection, maintenance,
processing and use of Customer’s location data and queries to provide and improve
location-based products and services.
8.4. Customer represents and warrants to Tawasolmap that it has a lawful basis to use location
related Service and provided location data as well as other personal data to be processed
by Tawasolmap on behalf of Customer, and that Customer has complied with all
applicable transparency obligations to notify the data subjects about, or obtained
informed consents for, such transfer and processing of their personal data.
8.5. During the term of this Agreement, Customer will supply Tawasolmap with contact details
for Customer’s employees, contractors and/or representatives (Contact Data) in order
for Tawasolmap to carry out its obligations under this Agreement (for example, to
accomplish the provision of Service, allow the Customer to access and use the Service,
enable Customer’s employees, contractors and/or representatives to access and use the
Service, and, where applicable, the subscription ordering process as described this
shall notify Tawasolmap as soon as reasonably practicable of any amendments required to
the Contact Data either through VIP helpdesk system or directly to responsible sales
8.6. Location of data. Tawasolmap cannot guaranty that your data is hosted on servers located
in your jurisdiction, therefore you are solely responsible to comply with any data
localisation requirements and should not use the Service in breach of those
9.1. Notwithstanding anything to the contrary, Tawasolmap reserves the right to suspend or
limit Customer’s access to the Service if Tawasolmap determines, in its sole discretion,
that Customer’s use of the Service does or is likely to:
9.1.1. damage the Service or interfere with Tawasolmap’s ability to reliably provide the
Service to other users;
9.1.2. place an unreasonable or unexpected load on the Service;
9.1.3. there is a threat or attack on the cloud servers hosting the Services (including a
denial of service attack) or other event that may create a risk to the Services, to
Customer or to any other user of the Services;
9.1.4. Customer’s use of the Services disrupts or poses a security risk to the Services or
any other user of the Services, may harm Tawasolmap’s systems or any other user of
the Services, or may subject Tawasolmap or any third party to liability;
9.1.5. Customer is misusing the Services or using the Services for fraudulent or illegal
9.1.6. subject to applicable law, Customer has ceased to continue Customer’s business in
the ordinary course, made an assignment for the benefit of creditors or similar
disposition of Customer’s assets, or become the subject of any bankruptcy,
reorganization, liquidation, dissolution or similar proceeding;
9.1.7. Customer is using the Services in breach of the Agreement;
9.1.8. Customer is in default of Customer’s payment obligations hereunder; or
9.1.9. there is an unusual spike or increase in Customer’s use of the Services
(collectively, “Service Suspensions”).
9.2. Customer understands that many of the reasons for suspension listed above are imposed
on us by third party licensors, are subject to change without notice, and may result in
Customer’s access to the Services being suspended as a result of the actions of other
9.3. Tawasolmap will make commercially reasonable efforts, circumstances permitting, to
provide written notice of any Service Suspension to Customer (including notices posted
on the website or sent to Customer’s registered e-mail address) and to provide updates
regarding resumption of Customer’s access to the Services following any Service
9.4. Tawasolmap will have no liability for any damage, liabilities, losses (including any loss
of data or profits) or any other consequences that Customer may incur as a result of any
Service Suspension or limitations related to carrier coverage or support.
10.1.This Agreement shall continue until terminated in accordance with this Section.
10.2.Customer may cancel their subscription to any Service anytime. After cancellation, the
subscription for the relevant Service will end at the end of the current subscription
10.3.If your subscription to any Service is suspended for more than three months, your
subscription will automatically terminate after end of the third month of suspension.
10.4.If all subscriptions end upon cancellation or termination, the Agreement will
automatically terminate upon end of the last subscription.
10.5.Tawasolmap may terminate provision of any Service and terminate the Agreement by 30
days’ notice to Customer.
10.6.Customer’s access to the Service, and any licenses granted hereunder, shall terminate
upon any termination of this Agreement.
10.7.After termination, Customer will be provided 30 days term to download any Customer
Data accumulated during the use of the Service via the download tools that are available
as part of the Service, or, where such tools are not available, by contacting us at
firstname.lastname@example.org . After end of such term, Tawasolmap will automatically remove all
Customer Data associated with Customer’s subscriptions and use of the Service.
10.8.All sections of this Agreement, which by their nature should survive termination, will
survive termination, including, without limitation, restrictions, accrued rights to
payment, confidentiality obligations, intellectual property rights, warranty disclaimers,
and limitations of liability.
10.9.Customer agrees that upon any termination or cancellation of this Agreement Customer
will not be entitled to a refund of fees for any additional work previously performed by
Tawasolmap at Customer’s request or any pre-paid Fees for subscriptions still in effect at
the time of termination or cancellation, and Customer’s obligation to pay any balance
due shall survive any such termination or cancellation.
11.1.Tawasolmap will make commercially reasonable efforts to make Services function
essentially in accordance with their description published at the relevant Service
webpage and will take commercially reasonable efforts to implement security and
resilience measures in relation to the Service.
11.2.Tawasolmap DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE
OR ANY FUNCTION CONTAINED THEREIN WILL MEET CUSTOMER’S
REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT
MAKE THIS SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE SERVICE, SOFTWARE AND Tawasolmap
PROPRIETARY INFORMATION AND ANYTHING PROVIDED IN
CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS-IS,” WITHOUT
ANY WARRANTIES OF ANY KIND. ANY USE OF THE SERVICE IS DONE AT
CUSTOMER’S SOLE RISK AND CUSTOMER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE, LOSS OR EXPENSE INCURRED AS A RESULT OF OR
ARISING OUT OF CUSTOMER’S USE OF THE SERVICE.
11.3.Tawasolmap MAKES NO OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED,
WITH RESPECT TO ANY OF THE SERVICE. Tawasolmap SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
12.1.Tawasolmap will not be liable for any loss resulting from a cause over which it does not
have direct control.
12.2.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND
REGARDLESS OF WHETHER ANY REMEDY HEREIN FAILS OF ITS
ESSENTIAL PURPOSE, IN NO EVENT SHALL Tawasolmap OR ITS THIRD PARTY
LICENSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR: LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY, LOSS OF
PRIVACY, CORRUPTION OR LOSS OF DATA OR ITS INTEGRITY, FAILURES
TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS
WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE
OF OR INABILITY TO USE THE SERVICES OR OTHERWISE IN CONNECTION
WITH ANY PROVISION OF THIS AGREEMENT, EVEN IF Tawasolmap OR ITS
THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
12.3.THE TOTAL LIABILITY OF Tawasolmap AND ITS LICENSORS, WHETHER BASED
IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY),
OR OTHERWISE, WILL BE LIMITED ONLY TO DIRECT DAMAGES
DEMONSTRATED BY SUFFICIENT EVIDENCE AND WILL NOT EXCEED, IN
THE AGGREGATE OF THE FEES PAID TO Tawasolmap HEREUNDER IN THE
THREE MONTHS PERIOD ENDING ON THE DATE THAT A CLAIM OR
DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY.
12.4.THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL
APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13.1.If any provision of this Agreement is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable.
13.2.This Agreement is not assignable, transferable or sublicensable by Customer except
with Tawasolmap’s prior written consent. Tawasolmap may transfer and assign any of its
rights and obligations under this Agreement with written notice to Customer.
13.3.Both parties agree that this Agreement is the complete and exclusive statement of the
mutual understanding of the parties and supersedes and cancels all previous written and
oral agreements, communications and other understandings relating to the subject
matter of this Agreement, and that all waivers and modifications must be in a writing
signed or otherwise agreed to by Tawasolmap, except as otherwise provided herein.
13.4.Neither party shall be liable to the other or responsible for delay or non-performance
of any of the terms of the Agreement due to Force Majeure.
13.5.No agency, partnership, joint venture, or employment is created as a result of this
Agreement and Customer does not have any authority of any kind to bind Tawasolmap in
any respect whatsoever.
13.6.In any action or proceeding to enforce rights under this Agreement, the prevailing party
will be entitled to recover costs and attorneys’ fees.
13.7.All notices under this Agreement will be in writing and will be deemed to have been
duly given when received, if personally delivered; when receipt is electronically
confirmed, if transmitted by e-mail.
13.8.Amendments. We reserve the right, in our sole discretion, to change, modify, add or
remove provisions of this Agreement at any time. Customer is responsible for regularly
reviewing this Agreement for changes. By using the Service after we post any changes
to this Agreement or otherwise notify Customer of such changes, Customer agrees to
accept those changes, whether or not Customer has reviewed them. If Customer does
not agree to this Agreement, Customer should not use the Service and Customer should
cancel Customer’s Subscription.
13.9. No Implied Waivers. If either party fails to require performance of any duty hereunder
by the other party, such failure shall not affect its right to require performance of that
or any other duty thereafter. The waiver by either party of a breach of any provision of
this Agreement shall not be a waiver of the provision itself or a waiver of any breach
thereafter, or a waiver of any other provision herein
13.10.All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
13.11.Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Saudi Arabia.
13.12.Saudi Arabia is our country of domicile.
13.13 We accept payments online using Visa and MasterCard credit/debit card in SAR.
13.14 (http://tawasolmap.com) will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of Saudi Arabia.