TERMS AND CONDITIONS OF USE
These terms and conditions (the "Terms") govern your use of the Fleet Management System ("FMS") provided by GBA (the "Provider"). By accessing or using the FMS, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the FMS.
DEFINITIONS
1.1. "FMS" means the Fleet Management System provided by GBA, including all associated software, databases, servers, and other components.
1.2. "User" means any person or entity accessing or using the FMS.
1.3. "Data" means any information, data, or content that is input, stored, processed, or transmitted using the FMS.
1.4. "Intellectual Property Rights" means all intellectual property rights worldwide arising under statutory or common law, contract, or otherwise, and whether or not registered or registrable, including without limitation all patents, trademarks, service marks, trade names, trade dress, copyrights, trade secrets, know-how, and all other proprietary rights.
USE OF FMS
2.1. Use of FMS. Subject to these Terms, the Provider grants User a non-exclusive, non-transferable, revocable license to access and use the FMS solely for the User's internal business purposes.
2.2. Restrictions on Use. User may not:
(a) copy, modify, or distribute any part of the FMS;
(b) reverse engineer or attempt to extract the source code of the FMS;
(c) use the FMS to develop any competing product or service;
(d) rent, lease, or otherwise transfer rights to the FMS; or
(e) remove or obscure any proprietary notices or labels on the FMS.
DATA PRIVACY
3.1. Data Ownership. User retains all right, title, and interest in and to the Data.
3.2. Data Processing. The Provider shall process the Data only for the purpose of providing the FMS to the User and as otherwise necessary to comply with applicable law.
3.3. Data Security. The Provider shall implement reasonable technical and organisational measures to protect the security, confidentiality, and integrity of the Data.
3.4. Data Protection. The Provider shall comply with all applicable data protection laws in processing the Data.
3.5. Subprocessing. The Provider may engage subprocessors to process the Data, provided that the Provider remains responsible for the subprocessors' compliance with these Terms.
INTELLECTUAL PROPERTY RIGHTS
4.1. Ownership. The Provider retains all right, title, and interest in and to the FMS, including all Intellectual Property Rights.
4.2. Feedback. The Provider may use any feedback, suggestions, or ideas provided by User in connection with the FMS for any purpose without compensation to User.
WARRANTY DISCLAIMER
5.1. No Warranty. The FMS is provided "as is" and "as available" without any warranty of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.
LIMITATION OF LIABILITY
6.1. Limitation of Liability. In no event shall the Provider be liable for any indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data or use, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with these Terms or the use or inability to use the FMS, even if the Provider has been advised of the possibility of such damages.
TERMINATION
7.1. Termination. The Provider may terminate these