| Term | Meaning |
|---|---|
| App | The MBL Guardian mobile application (also referred to as HSSE), including all versions, updates, patches, and accompanying documentation |
| Licensor / RSG | The developer and intellectual property owner of the App |
| Licensee / You | The individual or organization that has accepted this Agreement and is authorized to use the App |
| Organization | The employer, enterprise, or entity that has licensed the App for use by its authorized users |
| Authorized User | Any employee, contractor, consultant, or representative of the Organization who is granted access to the App under a valid account |
| Content | All data, records, observations, reports, and materials created or submitted through the App |
| Device | Any mobile device on which the App is installed and operated |
| Services | The backend HSSE platform accessible at hsse.rsg.one in connection with the App |
| App Store | Google Play Store, Apple App Store, or any other authorized distribution platform |
| Privacy Policy | RSG's Privacy Policy available on this website |
Subject to your continued compliance with this Agreement, RSG hereby grants you a non-exclusive, non-transferable, revocable, royalty-free, worldwide license to:
This license is granted for the term specified in your service agreement with RSG, or until terminated in accordance with this Agreement. No rights are granted except as expressly stated herein.
You may:
You may not, and you agree not to, directly or indirectly:
The App, including all its components, features, source code, user interface, graphics, logos, trademarks, trade names, and documentation, is and remains the exclusive intellectual property of RSG. This Agreement does not transfer any ownership rights to you.
You retain ownership of all Content you create and submit through the App. By submitting Content through the App, you grant RSG a limited, non-exclusive license to store, process, and transmit that Content solely to provide the Services to you.
If you provide suggestions, ideas, or feedback regarding the App, RSG may use such feedback freely without any obligation, compensation, or attribution to you.
"MBL Guardian," "HSSE," "RSG," and related logos are trademarks of RSG. Nothing in this Agreement grants you any right to use these trademarks.
RSG may, at its sole discretion:
You are encouraged to keep the App updated to the latest version available on the App Store. Continued use of the App after an update constitutes acceptance of any changes to features or this Agreement.
Your use of the App is governed by RSG's Privacy Policy, which is incorporated into this Agreement by reference. By using the App, you acknowledge and consent to the data practices described in the Privacy Policy.
Your Organization is independently responsible for ensuring that its use of the App and any data submitted through the App complies with applicable data protection laws, including the Saudi Arabia Personal Data Protection Law (PDPL), GDPR, and any other applicable regulations.
8.1 The App may integrate with or utilize third-party software components and services, including but not limited to:
8.2 Such third-party components are subject to their own respective licenses and terms. RSG is not responsible for the practices or policies of any third-party services.
8.3 The App Store through which you download the App (Apple App Store or Google Play Store) is a third-party service and is not operated by RSG. Your use of the App Store is governed by the respective App Store's terms of service.
Some jurisdictions, including Saudi Arabia, do not allow certain warranty exclusions. In such cases, the above exclusions apply to the fullest extent permitted by law.
10.2 RSG's total aggregate liability arising out of or related to this Agreement shall not exceed the greater of: (A) the total fees paid by you to RSG in the twelve (12) months preceding the claim; or (B) one hundred Saudi Riyals (SAR 100) where no fees have been paid.
10.3 Safety Disclaimer: The App is a tool to assist HSSE management activities. RSG does not warrant that use of the App will prevent accidents, injuries, or incidents. Final safety decisions and professional judgment remain the sole responsibility of the Licensee and their qualified personnel.
10.4 Apple Inc. and Google LLC have no liability whatsoever with respect to claims relating to the App or this Agreement.
You agree to indemnify, defend, and hold harmless RSG and its officers, directors, employees, affiliates, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
This Agreement is effective from the date you first use the App and continues until terminated.
You may terminate this Agreement at any time by uninstalling the App from all Devices and ceasing all use.
RSG may terminate or suspend your access to the App immediately, without prior notice or liability, if:
Upon termination:
13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia, without regard to conflict of law principles.
13.2 Amicable Resolution. In the event of any dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiations for a period of 30 days from written notice of the dispute.
13.3 Arbitration. If the dispute is not resolved amicably within 30 days, it shall be referred to and finally resolved by binding arbitration administered by the Saudi Center for Commercial Arbitration (SCCA) in accordance with its applicable rules. The seat of arbitration shall be Riyadh, Kingdom of Saudi Arabia. The language of arbitration shall be English, with Arabic translations provided upon request. The arbitral award shall be final and binding upon both parties.
13.4 International Users. Nothing in this Section prevents RSG from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
RSG reserves the right to modify this Agreement at any time. When material changes are made, RSG will update the "Last Updated" date. Your continued use of the App after any changes constitutes your acceptance of the revised Agreement. If you do not agree to the changes, you must stop using the App.
The following terms apply if you downloaded the App from the Apple App Store:
15.1 Acknowledgment. You acknowledge that this Agreement is between you and RSG only, and not with Apple Inc. Apple is not responsible for the App or its content.
15.2 Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products you own or control, subject to the Usage Rules set forth in the Apple App Store Terms of Service.
15.3 Maintenance and Support. Apple has no obligation to provide any maintenance or support services for the App. RSG is solely responsible for providing support, which may be requested at info@rsg.one.
15.4 Warranty. In the event the App fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
15.5 Product Liability. RSG, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation.
15.6 Intellectual Property. In the event of a third-party intellectual property infringement claim related to the App, RSG, not Apple, is solely responsible for investigation, defense, settlement, and discharge of any such claim.
15.7 Third-Party Beneficiary. You acknowledge and agree that Apple is a third-party beneficiary of this Agreement and that, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
15.8 Export Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15.9 U.S. Government Users. If you are a U.S. Government end user, the App is a "Commercial Item" as defined at 48 C.F.R. §2.101, and the rights granted herein are the rights provided to all other users per this Agreement.
The following terms apply if you downloaded the App from the Google Play Store:
16.1 Google LLC is not a party to this Agreement and has no obligation or liability with respect to the App.
16.2 Your use of the Google Play Store is subject to Google's Terms of Service and Google Play Terms of Service.
16.3 In the event of any conflict between this Agreement and Google's terms, this Agreement shall govern your relationship with RSG with respect to the App.
17.1 Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and RSG regarding the App and supersedes all prior or contemporaneous agreements, representations, and understandings.
17.2 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
17.3 Waiver. RSG's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
17.4 Assignment. You may not assign or transfer this Agreement or any rights or obligations hereunder without RSG's prior written consent. RSG may freely assign this Agreement, including in connection with a merger, acquisition, or sale of assets.
17.5 No Agency. Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between you and RSG.
17.6 Notices. All notices under this Agreement shall be in writing and sent to info@rsg.one (for RSG) or to the email address associated with your account (for you).
17.7 Language. This Agreement is in the English language. If a translation is provided for convenience, the English version shall prevail in the event of any conflict.
17.8 Force Majeure. RSG shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, government action, pandemic, internet outages, or natural disasters.
By using MBL Guardian, you confirm that you have read, understood, and agreed to this End-User License Agreement.