1. Agreement to these Terms
These Terms of Service for the Kingdom of Saudi Arabia ("Terms") are a binding agreement between you and CAN Mobilities, Inc. and its affiliates ("CAN," "we," "us," or "our") governing your access to and use of CareOS, CAN Companion, CAN Devices, our websites, applications, and related services (collectively, the "Services") from within the Kingdom of Saudi Arabia ("KSA" or the "Kingdom").
By accessing or using the Services from the Kingdom, you agree to these Terms. If you do not agree, do not use the Services. If you access the Services from outside the Kingdom, our global Terms of Service apply. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.
2. Eligibility and capacity
You must have full legal capacity under the laws of the Kingdom to enter into these Terms. If you are under the age of majority or otherwise lack full legal capacity, you may use the Services only with the consent and under the supervision of your parent or legal guardian, or as an authorized end user under a Customer Agreement (defined below). Guardians are responsible for the use of the Services by persons under their guardianship.
3. Not medical advice; emergencies
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. Content and outputs from the Services — including responses from CAN Companion and alerts or readings from CAN Devices — are for informational and care-coordination purposes only and are not a substitute for the professional judgment of a licensed healthcare practitioner.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY IN THE KINGDOM, CALL 997 (AMBULANCE — SAUDI RED CRESCENT AUTHORITY), 911 WHERE THE UNIFIED EMERGENCY NUMBER IS AVAILABLE IN YOUR REGION, OR GO TO THE NEAREST EMERGENCY DEPARTMENT. Do not rely on the Services — including fall detection, monitoring, or alerting features — as your sole means of summoning emergency assistance. Always seek the advice of a qualified physician with any questions regarding a medical condition, and never disregard or delay professional medical advice because of anything provided by the Services.
4. The Services
The Services include: CareOS, an AI-powered healthcare operating system for hospitals, providers, insurers, and government health programs; CAN Companion, an AI care companion supporting patients, families, and caregivers; CAN Devices, connected health hardware and associated software; and our websites, applications, dashboards, and support services. Features vary by product, subscription, region, and deployment, and certain features available elsewhere may not be available in the Kingdom.
5. AI features and outputs
Portions of the Services use artificial intelligence. AI-generated outputs are probabilistic in nature and may contain errors, omissions, or inaccuracies. You acknowledge that:
- AI outputs are decision-support only and must be reviewed by qualified personnel before being relied upon in any clinical or care context.
- AI outputs are not professional, medical, legal, or financial advice.
- You are responsible for evaluating the accuracy and appropriateness of AI outputs for your use.
- We design and operate AI features consistent with SDAIA's AI Ethics Principles and applicable guidance of the Saudi health authorities.
6. Regulatory status; SFDA and health regulations
Where CAN Devices or software features constitute medical devices under the laws of the Kingdom, they are marketed and supplied in accordance with the requirements of the Saudi Food and Drug Authority ("SFDA"), including applicable registration, authorization, and post-market obligations. Telehealth, remote-monitoring, and digital-health features are provided consistent with the applicable regulations of the Ministry of Health, the Saudi Health Council, and the National Health Information Center. Use each product only as described in its documentation and labeling.
7. Accounts and security
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at security@can.co of any unauthorized access or use. We may suspend accounts that present a security risk. Where your account is provisioned by a Customer (for example, your hospital, insurer, or employer), that Customer may control, suspend, or terminate your access.
8. License and acceptable use
Subject to these Terms, CAN grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purposes. You agree not to:
- Use the Services in violation of the laws of the Kingdom, including the Anti-Cyber Crime Law, the Personal Data Protection Law, and regulations governing health information.
- Use the Services to create, upload, or share content that is unlawful in the Kingdom or that infringes the rights of others.
- Reverse engineer, decompile, or attempt to extract the source code, models, or underlying components of the Services, except to the extent permitted by law.
- Probe, scan, or test the vulnerability of the Services without written authorization, or interfere with their operation.
- Access the Services to build a competing product, or use automated means to scrape data from the Services.
- Use AI features to generate content intended to deceive, harm, or violate the rights or dignity of any person.
- Resell, sublicense, or provide the Services to third parties except as expressly permitted in a Customer Agreement.
9. Customer Agreements take precedence
If your organization has entered into a separate written agreement with CAN for the Services (a "Customer Agreement"), that agreement — including any data processing terms required by the PDPL — governs to the extent of any conflict with these Terms. These Terms continue to apply to individual end users' use of the Services to the extent not inconsistent with the Customer Agreement.
10. Fees, taxes, and payment
Fees for the Services are set out in the applicable Customer Agreement or order form. Unless stated otherwise, fees are exclusive of taxes, and you are responsible for value-added tax (VAT) and other applicable taxes, levies, or duties imposed under the laws of the Kingdom. Amounts payable for overdue invoices are limited to actual, documented damages and costs of collection as permitted by law; nothing in these Terms requires the payment of interest (riba).
11. Intellectual property
The Services — including software, models, designs, text, graphics, logos, and trademarks — are owned by CAN or its licensors and are protected by the intellectual property laws of the Kingdom, including the Copyright Law and the Law of Trademarks, and by international treaties. Except for the limited license in Section 8, no rights are granted to you. "CAN," "CareOS," "CAN Companion," and associated logos are trademarks of CAN.
You retain ownership of data you or your organization submit to the Services. You grant CAN the limited rights needed to host, process, and display that data solely to provide and secure the Services, consistent with our KSA Privacy Policy, the PDPL, and any applicable Customer Agreement.
12. Feedback
If you provide suggestions, ideas, or feedback about the Services, you grant CAN a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation, provided that we do not identify you as the source without your consent.
13. Third-party services
The Services may interoperate with third-party products, platforms, and services. CAN does not control and is not responsible for third-party services, and your use of them is governed by their own terms. References to third parties do not constitute an endorsement.
14. Privacy
Our collection and use of personal data in connection with the Services in the Kingdom is described in our Privacy Policy for the Kingdom of Saudi Arabia, which complies with the Personal Data Protection Law and is incorporated into these Terms by reference.
15. Disclaimers of warranties
TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE KINGDOM, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND CAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. CAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR COMPLETE.
Nothing in these Terms excludes or limits any warranty, guarantee, or right that cannot be excluded or limited under the mandatory laws of the Kingdom, including applicable consumer protection and e-commerce regulations; where such laws apply, our liability is limited to the extent they permit.
16. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE KINGDOM: (A) CAN WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; AND (B) CAN'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO CAN FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (ii) FIVE HUNDRED UNITED STATES DOLLARS (USD 500) OR ITS EQUIVALENT IN SAUDI RIYALS.
These limitations do not apply to liability arising from our gross negligence, willful misconduct, or fraud, or to any other liability that cannot be limited under the mandatory laws of the Kingdom.
17. Indemnification
If you use the Services on behalf of an organization, that organization will defend and indemnify CAN and its affiliates, officers, directors, and employees against claims, damages, and expenses (including reasonable legal fees) arising from the organization's breach of these Terms, violation of the laws of the Kingdom, or misuse of the Services, except to the extent caused by CAN's breach of these Terms.
18. Term, suspension, and termination
These Terms apply from your first use of the Services until terminated. You may stop using the Services at any time; account deletion requests may be sent to privacy@can.co (subject to the rights of the Customer that provisioned your account). We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, created security or legal risk, or where required by the laws of the Kingdom or a Customer's instruction.
Upon termination, your license ends and you must cease using the Services. Sections that by their nature should survive — including Sections 11, 12, and 15 through 23 — survive termination. Data return and destruction following termination of a Customer Agreement are governed by that agreement and the PDPL.
19. Governing law and dispute resolution
These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws and regulations of the Kingdom of Saudi Arabia.
Any dispute that is not resolved amicably within sixty (60) days of written notice shall be finally settled by arbitration administered by the Saudi Center for Commercial Arbitration ("SCCA") in accordance with its Arbitration Rules, by one arbitrator, with its seat in Riyadh, Kingdom of Saudi Arabia. The language of the arbitration shall be English, unless the parties agree to Arabic. Nothing in this Section prevents either party from seeking interim or precautionary measures from a competent court in the Kingdom, and nothing limits any non-waivable right you may have to bring claims before the competent courts or committees of the Kingdom, including under consumer protection regulations.
20. Language
These Terms are drafted in English. If we provide an Arabic translation, it is for convenience; in the event of a conflict, the Arabic version shall prevail where required by the laws of the Kingdom or in proceedings before Saudi courts and authorities, and the English version shall prevail otherwise.
21. Changes to the Services and these Terms
We may modify the Services or these Terms from time to time. If we make material changes to these Terms, we will provide notice by posting the updated Terms on can.co with a new "Last updated" date and, where appropriate, by additional notice. Changes apply prospectively; your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the changes, stop using the Services.
22. General
These Terms, together with the KSA Privacy Policy and any applicable Customer Agreement, are the entire agreement between you and CAN regarding the Services in the Kingdom. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control.
23. Contact us
Questions about these Terms may be directed to:
- Email: legal@can.co (subject line: "KSA Terms").
- Post: CAN Mobilities, Inc., Attn: Legal Department, 530 Lytton Avenue, Palo Alto, CA 94301, United States.