1. Introduction

Welcome to Beem! These terms of use (the “Terms of Use”) govern your use of Beem and provide information about the Beem service (the “Service”), outlined below. When you use Beem, including creating a Beem account or using the Service, which includes any of its products, features, apps, websites, services, technologies, and software, you agree to these Terms of Use unless we expressly state that different or additional terms apply.

Please read the following terms of use carefully and do pay attention to the respective definitions; if you do not fully understand and agree to all the following terms of use, or the Privacy Policy, please do not use the service. Your commencement of, or continued use of the service, or registration of your own account on Beem means that you, receipt and sufficiency of the following terms and conditions is well acknowledged, agree to become a party to and to be bound by these terms of use.

Please read the following terms of use carefully and do pay attention to the respective definitions; if you do not fully understand and agree to all of the following terms and conditions, by selecting not clicking the "agree and continue" button, then you may not be able to register or log in your account on Beem or access the service in furtherance in any way. By clicking "agree and continue" button and logging in, you consent to be bound by the hereunder terms and conditions. This action creates an acknowledge and consent that you become a party to these terms of use and agree to be bound by the following terms and conditions. Your continued use of the service means that you are of full awareness, sufficient knowledge and accepted and agreed to all the following terms and conditions.

2. Definitions

For the purpose of this Terms of Use:

Account means a unique account created for You to access our Service or parts of our Service

Application means the software program provided by the Company downloaded by You on any electronic device, named (Beem).

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to the company (MENA Communication Holding company limited).

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data s any information that relates to an identified or identifiable individual.

Service refers to the Application.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. The Beem Service

We agree to provide you with the Beem Service. The Service includes all the Beem products, features, applications, services, technologies, and software that we provide to advance Beem's mission: to enhance the way we communicate and bring us close together.

3.1. Developing and using technologies to grow our community.

Organizing and analyzing information for our growing users is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global user. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.

3.2. Ensuring a stable global infrastructure for our Service

To provide our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. This infrastructure may be owned or operated by our affiliates or third-party providers. (Learn more in the Privacy Policy)

3.3. Research and innovation

We use the information we have obtained to work with our partners and service providers to study our Service and collaborate with others on research to make our Service better, contribute to the well-being of our users.

4. The Privacy Policy

Providing our Service requires collecting and using your information. The Privacy Policy explains how we collect, use, and share information. It also explains the many ways you can control your information, including in the Beem Privacy and Security Settings. You must agree to the Privacy Policy to use Beem including creating a Beem account or using the Beem Service.

5. Your Obligations

In return for our commitment to provide the Service, we require you to make the below commitments to us:

5.1. Who Can Use Beem

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to the below few restrictions in order to use parts of Beem Services:

■ You must be at least 12 years old or the minimum legal age in your country to use Beem. However, if you are under 12 years of age, you are to obtain the prior consent of your legal guardian prior to using Beem and its Services.

■ You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related to the Services if you are on an applicable denied party listing.

■ We must not have previously disabled your account for violation of law or any of our policies.

■ You must not be a convicted sex offender.

■ You must be an eligible person. For the purposes of these Terms of Use, an eligible person shall mean a person that:

■ has not been convicted, indicted, or subjected to any similar criminal sanction, by any court or governmental body of competent jurisdiction, for engaging in money laundering or financing of terrorism or any objectionable practice.

5.2. Your Commitment to Beem

Providing a safe and open Service for a broad community requires that we all do our part. As such, you must take into consideration the following:

■ While you do not have to disclose your identity on Beem, you must provide us with accurate and up to date information (including registration information). Additionally, you may not create an account for someone else unless you have their express permission.

■ You agree that the sole purpose of registering on or using Service is to be a user to enjoy the Service provided by Beem or any of our products, and you shall not use Service in any manner for any illegal purpose under the applicable law.

■ You agree that use Service does not provide access to any Emergency Services or Emergency Services Providers.

■ You shall not engage in any of the following activities:

■ Impersonate others or provide inaccurate information.

■ Do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose or assist anyone else to do any of the foregoing.

■ Send illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing and the like.

■ Do anything to interfere with or impair the intended operation of the Service.

■ Attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.

■ Attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

■ Post private or confidential information of others or do anything that violates someone else’s rights, including any intellectual property rights.

■ Violate the generally acceptable moral and religious conduct of any jurisdiction.

■ Promote indecency, pornography, terrorism, and any form of radicalization.

■ Use a domain name or URL without our prior written consent.

■ Engage in Objectionable Practice. For the purposes of these Terms of Use, the following definitions shall apply:

Corrupt Practice means (a) the promising, offering, giving, making, authorizing, insisting on, receiving, accepting or soliciting, directly or indirectly, of any illegal or undue payment or advantage of any nature, to or by any person, with the intention to, or the knowledge that such payment or advantage may, directly or indirectly influence, whether as inducement or reward, the actions or decisions of any person, including causing any person to refrain from any action or decision; or (b) any action or omission which is prohibited in any applicable jurisdiction by law or regulation relating to bribery or corruption.

Illicit Origin means any origin which is illicit, criminal or fraudulent, including without limitation, corruption, terrorist financing, and tax evasion.

Money Laundering Activities means process of moving funds of Illicit Origin through a cycle of transformation in order to create the end appearance of legitimately earned funds. The process of moving funds consists of providing, receiving or assisting in transfer of funds.

Objectionable Practice means any corrupt practice, fraudulent practice, money laundering activities, terrorist financing, sanctionable practice or obstructive practice.

Obstructive Practice means (i) deliberately destroying, falsifying, altering or concealing evidence material to the assessment or the making of false statements to those performing the assessment, in order to materially impede an assessment of allegations of a corrupt practice, fraudulent practice, money laundering activities, or terrorist financing and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the assessment or from pursuing the assessment, or (ii) acts intended to materially impede the exercise of Beem’s access to contractually required information in connection with an assessment of allegations of a corrupt practice, fraudulent practice, money laundering activities, or terrorist financing.

Terrorist Financing means financing terrorists, terrorist acts and terrorist organizations.

You may report any improper or offensive conduct or content to us using our Contact Us website page.

5.3. Permissions You Give to Us

As part of our agreement, you also give us the permissions that we need to provide our Service. As such, by using our service and agreeing to the Terms of Service, you agree and accept the following:

■ You are solely responsible for maintaining secrecy and confidentiality of your account details where the content, messages or communications are posted. You are fully aware that you are also solely responsible for the consequences of granting use by a third-party of your account, directly or indirectly.

■ You agree that we can install updates to the Service.

■ You agree that you are responsible for all carrier data plans, internet fees and other fees and taxes associated with their use of the Service.

5.4. Additional Rights We Retain

By using our service and agreeing to the Terms of Service, you agree and accept the following:

■ If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content but not your content.

■ You must obtain written permission from us or under an open-source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

6. Content Removal; Terminating Your Account

By using our Service and agreeing to the Terms of Use, you agree and accept the following:

■ We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. If we take actions to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, you may inquire us using our Contact Us website page.

■ Content, messages, and communications you delete may persist for a limited period in backup copies and will still be visible where others have shared it. This paragraph, will still apply even after your account is terminated or deleted.

7. Who Has Rights Under This Agreement

By using our service and agreeing to the Terms of Service, you agree and accept the following:

■ The Terms of Use does not give rights to any third parties.

■ You cannot transfer your rights or obligations under this agreement without our consent.

■ Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

8. Who is Responsible if Something Happens?

By using our service and agreeing to the Terms of Service, you agree and accept the following:

■ We do not control what people and others do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content).

■ We are not responsible for services and features offered by other people or companies, even if you access them through our Service.

■ Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we may not know what all the possible impacts might be. You agree that we shall not be responsible or liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

■ In no event shall Beem, its officers, directors, employees, or agencies, affiliates, service providers and internal service providers be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with (i) errors, mistakes, omissions, or inaccuracies in the Service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorized access to your secure servers and/or all personal information therein; (iv) any interruption or cessation of use or Service; (v) any bugs, virus, trojan horses, or the like, which may transmitted to or through our servers by any third party; (vi) any loss or damage incurred as a result of your use of the Services; or (vii) any delay, failure, interruption or errors in connection with the Service, whether based on warranties, contracts, torts, or any other legal theory, and whether or not we are advised of the possibility of such damages. The limitation of liability under this provision shall apply to the full extent permitted by the applicable laws in any jurisdiction.

9. How We Will Handle Disputes

■ If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

■ Any dispute arising out of or in connection with this Terms of Use and Your use of the Service, shall be referred to and finally resolved by arbitration under the Rules of Arbitration of the Saudi Centre of Commercial Arbitration, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be in Riyadh. The language to be used in the arbitral proceedings shall be Arabic. This Terms of Use and Your use of the Service shall be governed by Saudi law. The arbitral award shall be in Arabic and be final and binding upon the Parties and all rights of appeal are hereby excluded.

10. Unsolicited Material

We always appreciate feedback or other suggestions. However, we may use them without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.

11. User Indemnity

You agree to defend, indemnify, and hold harmless, Beem, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, attorneys and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out or relating to:

■ Failure to comply or breach by you or any user of your account of these Terms of Use, the Privacy Policy, or any other policies or guidelines related to the Services or arising out of a breach of your obligations, representation and warranties under these Terms of Use.

■ The determination by in any jurisdiction that you have improperly utilized the Services to violate the laws and regulations of such jurisdiction.

■ Your supplying inaccurate, out of date, errors or omissions, or otherwise incorrect information in relation to your use of the Service.

■ Claims made by any third party due to or arising out of the user’s acts or omissions, including claims arising out of that user’s use of the Services or the user’s submission, posting or transmission of content or his or her violation of the Terms of Use.

■ The violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Beem reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user. If we do assume the defense of such a matter, you will reasonably cooperate with Beem in such defense.

12. Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms of Use so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms of Use and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms of Use. If you do not want to agree to these or any updated Terms of Use, you can delete your account from the Settings.