App Terms of Use

1. Who these terms are with

These terms are an agreement between you and:

In these terms, we, us and our mean that company. You means the person using the app. The app means the Yakan mobile application and the Yakan web application, together with any updates.

Yakan is a trade mark used under licence from Wakan Holding Limited.

2. Accepting these terms

By creating an account, or by using the app, you accept these terms. If you do not accept them, do not use the app.

If you use the app for a company or establishment, you confirm that you have authority to accept these terms on its behalf, and "you" means both you and that business.

3. What these terms cover, and what they do not

These terms cover the software. They govern your permission to use the app, how you must behave when using it, and our responsibilities and limits as the provider of the software.

These terms do not cover any transaction. Vehicles, prices, deposits, ownership, agency, payment obligations, and every other commercial matter are governed by the separate written agreement between us and your business, and by the documents issued under it.

If there is any conflict between these terms and that agreement, that agreement wins on anything commercial. These terms continue to govern your use of the software.

Using the app does not entitle you to transact with us. It does not create any obligation on us to make an offer, accept a submission, or enter into any transaction.

4. Who may use the app

You may use the app only if you:

• are at least 18 years old;
• can verify your identity through Nafath;
• hold a valid commercial registration, or a valid work document permitting the activity, or are an authorised representative of a business that does; and
• are not prohibited from dealing with us under any applicable law or sanctions measure.

The app is intended for use in the Kingdom of Saudi Arabia. We make no claim that it is appropriate or available elsewhere.

We may decline to open an account, or close one, at our discretion, subject to section 14.

5. Your account

You verify your identity through Nafath and confirm your mobile number by one-time code. Verification lasts 12 months and must then be repeated.

You must:

• give accurate information and keep it up to date;
• keep your device, sign-in method and one-time codes secure;
• use only your own account, and never let anyone else use it;
• tell us immediately at [email protected] if you suspect anyone else has access.

You are responsible for everything done through your account, except to the extent it results from our failure. If you tell us promptly of unauthorised access, we will suspend the account and investigate.

6. Your permission to use the app

We give you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use one copy of the app on a device you own or control, for your own business use, for as long as these terms remain in force.

That is a licence to use, not a transfer of ownership. We and our licensors keep all rights in the app.

7. What you must not do

You must not:

• copy, modify, translate, adapt or create anything derived from the app;
• reverse engineer, decompile or disassemble it, or try to obtain its source code, except where the law expressly permits;
• rent, lease, lend, sell, sublicense, distribute or otherwise make the app available to anyone else;
• remove or obscure any notice of ownership;
• use robots, scrapers or automated means to access the app, or extract data from it in bulk;
• interfere with the app, probe it for weaknesses, circumvent its security, or place unreasonable load on it;
• use another person's account, or let anyone use yours;
• give false, misleading or fraudulent information, including about a vehicle, a price, a seller or a buyer;
• upload anything unlawful, or anything containing a virus or harmful code;
• upload another person's information without their knowledge and permission;
• use the app to break any law, or to launder money or finance any unlawful activity;
• use the app to build a competing product, or to benchmark it for a competitor.

Anything you submit must be true. Vehicle details, mileage, prices, and details of sellers and buyers are relied on by us and by government systems. Knowingly submitting false information is a serious breach of these terms and may be a criminal offence.

8. What you upload

You keep ownership of the photographs, documents and information you upload.

You give us permission to store, copy, adapt and use them so that we can operate the service — assess and price vehicles, carry out transactions, meet our legal obligations, and improve the app. That permission lasts as long as we are required to keep the material.

You confirm that, for everything you upload:

• you have the right to upload it;
• it does not infringe anyone's rights;
• where it contains another person's information, you have told them and are entitled to share it.

We may remove anything that breaches these terms. We are not obliged to check what you upload, and we do not endorse it.

Personal information is handled as described in our Privacy Policy.

9. Services provided by others

The app relies on services we do not control, including:

• Nafath, for identity verification
• Absher and Tam, for vehicle ownership and transfer
• WhatsApp, for messages and one-time codes
• our payment provider, for payments
• vehicle data, inspection and insurance providers

We are not responsible for those services, for their availability, or for their accuracy. Your use of them is subject to their own terms. If one of them is unavailable or fails, parts of the app may not work, and we are not liable for that beyond our obligations in section 15.

Where the app shows information obtained from one of these sources, we present it as received.

10. Estimates are not offers

The app may show an estimated price range for a vehicle, produced automatically. It is an estimate only. It is not an offer, it does not bind us, and the final position depends on inspection, review by our team, and the separate agreement between us.

11. Notifications

We will send you messages about your account and your transactions by WhatsApp, in the app, and by push notification if you enable it. These are part of the service and you cannot opt out of them while you hold an account.

Marketing messages are separate and need your consent, which you can withdraw at any time. Standard message and data charges from your mobile provider may apply.

12. Availability and changes

We aim to keep the app available but do not promise uninterrupted service. We may suspend it for maintenance, upgrades, security, or reasons beyond our control.

We may change, add to or remove features. Where a change materially reduces what the app does, we will give reasonable notice unless the change is needed for security, safety or legal compliance.

You are responsible for your device, your connection, and any charges from your provider. You may need to install updates for the app to keep working.

13. Fees

The app itself is free to download and use. Amounts payable in connection with a transaction are governed by the separate agreement between us, not by these terms.

14. Suspension, closure and ending these terms

You may stop using the app at any time, and may delete your account as described in our Privacy Policy.

We may suspend or close your account, or end these terms, if:

• you breach these terms or the separate agreement between us;
• we suspect fraud, financial crime or misuse of the app;
• your Nafath verification, commercial registration or work document lapses or is withdrawn;
• we are required to by law, a regulator or a court; or
• we stop providing the app, in which case we will give reasonable notice.

Where we can, we will tell you why and give you a chance to put it right. We may act without notice where we suspect fraud or financial crime, or where the law requires.

Closing your account does not end any transaction that is already under way, or any obligation under the separate agreement between us. Sections 7, 8, 15, 16, 17, 18 and 19 survive.

15. What we promise, and what we do not

We provide the app as is and as available.

To the extent the law allows, we do not promise that the app will be uninterrupted, error-free or secure, that defects will be corrected, that it will work with any particular device, or that information obtained through it — including third-party vehicle data and valuations — will be accurate or complete.

Nothing in these terms excludes any right you have under Saudi law that cannot be excluded, or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

16. Limits on liability

To the extent the law allows:

• We are not liable for loss of profit, loss of business, loss of opportunity, loss of goodwill, or indirect or consequential loss, however caused.
• We are not liable for loss arising from a third-party service in section 9 failing or being unavailable, from information you gave us being inaccurate, from someone else using your account where you did not keep it secure, or from your breach of these terms.
• Our total liability to you under these terms, in any 12-month period, is limited to SAR 5,000.

This section limits our liability for the software only. Liability arising from a transaction is governed by the separate agreement between us, and this limit does not apply to it.

17. Your responsibility to us

You are responsible to us for loss we suffer as a result of your breach of these terms, your misuse of the app, your submission of false or fraudulent information, or your uploading of another person's information without their permission.

18. Governing law and disputes

These terms are governed by the laws of the Kingdom of Saudi Arabia.

If a dispute arises, contact us first at [email protected]. We will try to resolve it with you.

If we cannot, the dispute is subject to the exclusive jurisdiction of the competent courts of the Kingdom of Saudi Arabia sitting in Riyadh.

19. General

Changes to these terms. We may update them. Where a change is material we will tell you before it takes effect, in the app or by message, and continuing to use the app after that date means you accept it. If you do not accept a change, stop using the app and close your account.

Transfer. You may not transfer your rights under these terms. We may transfer ours to a group company, or in connection with a sale or reorganisation of our business, provided your rights are not reduced.

Severability. If any part of these terms is unenforceable, the rest continues to apply.

No waiver. If we do not enforce a right, we have not given it up.

Whole agreement. These terms, the Privacy Policy, and the separate agreement between us are the whole agreement about the app.

Language. These terms are published in English. Where we provide an Arabic translation, it is for convenience only and the English version prevails.

20. Contact us

Schedule A — Additional terms for the app downloaded from the Apple App Store

Do not delete this schedule. Apple requires these terms where a developer supplies its own agreement instead of Apple's default. They apply only to the version of the app obtained from the App Store, and prevail over the main terms to the extent of any conflict.

1. These terms are with us, not Apple. This agreement is between you and Bidhra Alzaytun Company For Trading only. Apple is not a party to it. We, not Apple, are solely responsible for the app and its contents.
2. Scope of licence. Your licence to use the app is limited to a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the app. Apple has no obligation to provide any maintenance or support services.
4. Warranty. We are solely responsible for any product warranties, whether express or implied, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our sole responsibility.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property claims. In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that you are not located in a country subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.
8. Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms, and upon your acceptance of them Apple will have the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the app.
10. Contact. Questions, complaints or claims about the app should be directed to [email protected].