Platform services agreement

1. Introduction

This Platform Services Agreement is entered into between you and NSG UP42 and governs your use of the Platform and Services. As used in this Agreement, “NSG UP42,” “we,” “us,” and “our” refer to National Company for Spatial Data (“NSG UP42”), a limited liability company incorporated in pursuant to the laws of the Kingdom of Saudi Arabia and registered in Riyadh under commercial registration number 1009118681 dated 13/04/1446H having its head office at Building 7555, Airport Road, 2474 Qurtubah Dist., Postal code 13244, Riyadh, the Kingdom of Saudi Arabia, a wholly owned subsidiary of National Space Company, a closed joint stock company incorporated pursuant to the laws of the Kingdom of Saudi Arabia and registered in Riyadh under commercial registration number 1010851724 dated 12/06/1444H located at Building 7555, Airport Road, 2474 Qurtubah Dist., Postal code 13244, Riyadh, the Kingdom of Saudi Arabia. Any reference to “you” or “your” means the individual interacting with our Platform and any legal entity on whose behalf you are acting. Further definitions can be found in § 18.

2. Acceptance of Terms

You agree to be bound by this Agreement upon registration, purchase of Credits, or use of the Platform or Services. We reserve the right to modify this Agreement, with changes effective immediately upon posting. Your continued use of the Platform or Services signifies your acceptance of any revisions.

3. Registration

To use the Services, you need to create an account with a valid email and accurate information. We will only use your account information in accordance with our Privacy Policy. You can find further information about account registration here. During or after registration, you can upgrade your account to a different plan. More information is available here.

4. Grant of License

Subject to this Agreement and any agreement incorporating its terms, NSG UP42 grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform and Services in accordance with this Agreement.

5. Restrictions

You must not do any of the following:

5.1 Modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any portion of the Platform or Services unless otherwise expressly agreed in writing;

5.2 Reverse engineer, disassemble, or decompile the Platform or Services or apply any other process or procedure to derive the source code of any software included in them, except where such actions are permitted under applicable law;

5.3 Engage in conduct that may harm us or other users or expose us or them to liability;

5.4 Use devices, software, or methods that disrupt the normal functioning of the Platform or Services;

5.5 Access or use the Platform or Services in a way intended to avoid incurring fees or exceeding usage limits or quotas; or

5.6 Use the Platform or Services in any manner not expressly permitted under this Agreement or applicable law.

6. Scope of Services

6.1 Once registered, we provide Services according to your plan. More information regarding account plans can be viewed here.

6.2 We implement reasonable measures to secure your content against loss, access, or disclosure. Your content will be stored in Saudi Arabia and any transfer of data across borders will comply with applicable Saudi PDPL and foreign data protection laws, where applicable.

6.3 We reserve the right to modify all or part of the Website, Platform, and Services at any time, including deleting, modifying, or varying elements, features, and functions.

7. Support and Maintenance

Technical support and maintenance will be provided according to your plan or any service-level agreement in effect.

8. Your Responsibilities

In addition to any other obligation you may have under this Agreement, you must adhere to the following:

8.1 You must use the Platform and Services legally and ethically.

8.2 You must accept any applicable end-user license agreement prior to accessing or using any Content on the Platform.

8.3 You may not share your account details, upload harmful or unlawful content, or engage in unauthorized activities.

8.4 If you upload Content to the Platform, it must comply with all applicable laws and Platform policies.

8.5 You are solely responsible for all activities conducted under your account. You must notify us immediately if you suspect any unauthorized use of your account or user profile, or any other security breach.

9. Third-Party Content

Some Content and services on the Platform come from third parties and may have specific restrictions or licenses, which you are required to accept as a condition of your access to or use of them. NSG UP42 is not responsible for any third-party websites or Content accessed through the Platform.

10. Purchases

10.1 Credits. Using Services or acquiring Content may require purchasing Credits, which expire 24 months from purchase. Prices are subject to change, and Credits are non-refundable. Further information regarding Credits can be found here.

10.2 Purchase Terms. All purchases made on the Platform are subject to NSG UP42’s Terms of Purchase, which are incorporated into this Agreement by reference.

11. Suspension and Termination

11.1 Generally. Subject to our determination and discretion, we can suspend or terminate your account immediately upon notice for reasons such as non-payment, security risks, legal or ethical violations, breach of contract, or providing false information.

11.2 Suspension. If we suspend your account, you remain responsible for all fees and charges during the suspension, and you will not be entitled to any service credits under any service level agreement for the period of suspension.

11.3 Termination by You. You can terminate this Agreement by closing your account.

11.4 Termination for Convenience. We can terminate this Agreement for any reason by giving you 30 days’ written notice.

11.5 Effect of Termination. Upon termination of this Agreement for any reason, all rights granted to you under this Agreement will immediately cease, and you will pay all outstanding amounts, as well as any amount owed to us that has not become due, in which latter case the due date will be automatically accelerated to the date of termination of this Agreement.

12. Confidentiality

Each Party will protect any information disclosed by the other Party that is identified as confidential or that reasonably should be considered confidential and use that information only for the purpose of fulfilling its obligations under this Agreement.

13. Ownership and Intellectual Property Rights

13.1 Anything you upload to the Platform remains yours, but you allow us to use it as necessary to provide the Service.

13.2 We or our licensors retain full rights to the Platform, Services, and Content.

14. Representations, Warranties, and Disclaimers

14.1 By You. You represent and warrant to us that you have full legal authority to enter into this Agreement on behalf of yourself or the entity you represent; that you or your licensors have all necessary rights in any Content you upload to the Platform; and that neither you, nor your affiliates, nor your financial beneficiaries, nor any party that owns or controls you or your financial beneficiaries, are subject to any sanctions, restrictions, prohibitions, or designations under applicable sanctions laws.

14.2 This includes but is not limited to sanctions or watchlists maintained by the Kingdom of Saudi Arabia (including entities such as the Saudi Central Bank (SAMA) and the Ministry of Interior), the Gulf Cooperation Council (GCC), the United Nations Security Council, the U.S. Government (including the Office of Foreign Assets Control (OFAC)), the European Union or any of its Member States, or any other applicable governmental authority.

14.3 You further warrant that your use of the Platform and Services will not cause us to be in violation of any applicable sanctions or export control laws. You agree to promptly notify us in writing if you, or any party related to you as outlined above, becomes subject to such sanctions or restrictions during the term of this Agreement, and you acknowledge that such a change may entitle us to suspend or terminate the Agreement without liability.

14.4 NSG UP42’s Limited Warranty. NSG UP42 warrants that it has sufficient rights in the Platform and Services to make these available to you.

14.5 Disclaimer. NSG UP42 provides the Platform, Services, and Content “as is,” without any warranty. We disclaim all other warranties, conditions, representations, indemnities, and guarantees about them, whether express or implied, arising by law, custom, earlier oral or written statements by us, or otherwise, including any warranty of merchantability, satisfactory quality, fitness for particular purpose, and noninfringement. We do not warrant that the Platform, Services, or Content will meet your needs or expectations or those of your customer.

15. Limitation of Liability

15.1 Unless otherwise agreed in a separate service-level agreement, we will not be liable to you for costs or damages caused by any Platform failure, including planned periods of unavailability, failure, delay, or limitation of the Platform or any component of it.

15.2 In case of intentional harm or gross negligence on the part of either Party or its agents in performance, such Party is liable according to the provisions of applicable law. The same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentional, the breaching Party’s liability for damages will be limited to the damage reasonably predictable.

15.3 Subject to the provisions above and the extent applicable law requires liability, under no circumstances will a Party, its licensors, or associated persons be liable for punitive or consequential damages, including indirect, special, or incidental damages, or for lost profit—foreseeable or unforeseeable—based on claims by the other Party, its affiliated agents, associated persons, or customers. The Parties expressly waive the right to claims for these damages, including claims for loss of data, goodwill, use of funds or products, interruption in use or availability of data, stoppage of work, or impairment of assets. In no event will our aggregate liability under all claims arising out of this Agreement exceed the total amount paid by you under this Agreement in the 12 months preceding any claim.

16. Indemnification

Subject to the limitations of liability above, each Party will indemnify the other Party against any damage, loss, liability, expense, or other claim—including costs and fees for defending that claim—that the indemnified Party incurs because of any breach of this Agreement by the indemnifying Party. Any other claim or remedy that the Parties may assert under this Agreement or by law is reserved.

17. Miscellaneous

17.1 Force Majeure. With the sole exception of payment obligations, neither Party will be liable for—or be considered in breach or default of this Agreement, on account of—any delay or failure to perform as required by this Agreement because of a cause or condition that is unforeseeable and beyond the applicable Party’s reasonable control.

17.2 Data Protection. This Agreement is subject to and incorporates NSG UP42’s Privacy Policy, which can be viewed here.

17.3 Compliance with Laws. You will ensure that your use of the Platform and the Services complies with all applicable laws and regulations, including those in the jurisdictions in which either Party or its affiliate is registered, and including but not limited to, export control and anti-corruption. You will provide reasonable assurances of your compliance to us upon request. You must not upload any controlled item or data to the Platform without our prior written authorization.

17.4 Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the Kingdom of Saudi Arabia, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, interpretation, or termination, shall be finally resolved by arbitration administered by the Saudi Center for Commercial Arbitration (SCCA) in accordance with its rules. The seat of arbitration shall be Riyadh, Kingdom of Saudi Arabia, and the arbitration shall be conducted by a sole arbitrator. The language of the arbitration shall be Arabic.

17.5 Severability. If any part of this Agreement is for any reason held to be unenforceable, the rest of it remains fully enforceable. The Parties will replace the unenforceable term with an enforceable term reflecting as close as possible the spirit and objectives of the unenforceable or invalid term.

17.6 No Waiver. Unless otherwise stated in this Agreement, the failure of either Party to enforce any term of this Agreement will not be interpreted as a waiver or limitation of that Party's right to later enforce and compel strict compliance with every term of this Agreement.

17.7 Notices.

To you: NSG UP42 can notify you about any changes under this Agreement by sending a message to the email address associated with your account or by publishing a post on the Website. It is your responsibility to keep your email address current and to regularly check the Website and your account.

To NSG UP42: To notify NSG UP42 about any changes under this Agreement, you must contact us by sending a message to the following email address: [email protected]. NSG UP42 may update its email address by sending a message to the email address associated with your account.

17.8 Language. Unless otherwise agreed, the Parties shall conduct all correspondence and communications under this Agreement in the Arabic language, which shall be the binding and controlling language for all matters relating to the interpretation or enforcement of this Agreement, including in any arbitration proceedings. Any translation of this Agreement into another language, including English, is provided for convenience only. In the event of any inconsistency between the Arabic version and any translated version, the Arabic version shall prevail.

17.9 Electronic Contracting. Neither Party shall contest the validity of this Agreement, or any acknowledgment of it, on the basis that it was transmitted electronically or contains an electronic signature.

17.10 Subcontracting and Assignment. You may not assign, delegate, subcontract, or otherwise transfer any of your rights or obligations under this Agreement to any third party without our prior written consent. NSG UP42 may assign this Agreement, in whole or in part, to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of NSG UP42’s assets.

17.11 Nonexclusive Rights. Each Party may develop or have developed similar or competing products, services, concepts, systems, or techniques, and may assist third parties who offer competing products or services.

17.12 No Third-Party Beneficiaries. This Agreement is entered into solely between the Parties and may be enforced only by them and their permitted assigns. It is not intended to confer any further benefit or right beyond those expressly given. This Agreement will not create any right in or liability to any third party, including suppliers, customers, end-users, and owners of a Party, or to create any obligation of a Party to any third party, none of which may enforce any provision in this Agreement, without limitation. The Parties expressly reserve the right to modify, amend, or terminate any provision in this Agreement without the consent of or notice to any third party.

17.13 Relationship of the Parties. This Agreement does not constitute, create, give effect to, or imply a joint venture, pooling arrangement, agency, employer-employee relationship, partnership, or formal business organization of any kind.

17.14 Complete Agreement. This Agreement contains the entire understanding between the Parties about its subject matter. It replaces all earlier and written or oral negotiations and agreements between the Parties. It may be amended only in writing, signed or acknowledged by both Parties. All referenced documents, including those found at a web address, are incorporated into and form an integral part of this Agreement.

18. Definitions

As used throughout this Agreement, the following capitalized terms have the meanings indicated below:

18.1 “Agreement” means this Platform Services Agreement, including any documents attached to it or incorporated by reference.

18.2 “Content” means any imagery, software (including machine images), data, text, audio, video, images, or APIs.

18.3 “Credits” means the unit of measure for the use of the Services or acquisition of Content on the Platform. Credits are further described here.

18.4 “Party” or “Parties” means you or NSG UP42, individually or collectively.

18.5 “Platform” means the NSG UP42 online geospatial marketplace, located on the Website.

18.6 “Privacy Policy” refers to the document located here.

18.7 “Service” means the use of the Platform and any service or solution provided by NSG UP42 or by a third party on the Platform.

18.8 “Terms of Purchase” means a contract between you and UP42 for the purchase of Credits or other products and services, which is located here.

18.9 “Website” means sa.up42.com.

Terms of purchase

1. GENERAL PROVISIONS

1.1. These Terms of Purchase govern the legal relationship between Purchaser and National Company for Spatial Data (“NSG UP42”), a limited liability company incorporated in pursuant to the laws of the Kingdom of Saudi Arabia and registered in Riyadh under commercial registration number 1009118681 dated 13/04/1446H having its head office at Building 7555, Airport Road, 2474 Qurtubah Dist., Postal code 13244, Riyadh, the Kingdom of Saudi Arabia, a wholly owned subsidiary of National Space Company, a closed joint stock company incorporated pursuant to the laws of the Kingdom of Saudi Arabia and registered in Riyadh under commercial registration number 1010851724 dated 12/06/1444H located at Building 7555, Airport Road, 2474 Qurtubah Dist., Postal code 13244, Riyadh, the Kingdom of Saudi Arabia for the provision of Products or Services. They are an essential part of the Order and govern the rights and obligations of the Parties with respect to the transaction described in it.

1.2. The Parties are deemed to have accepted these Terms of Purchase, which are incorporated into the Order by reference. Conflicting conditions of Purchaser or conditions of Purchaser differing from those indicated in these Terms of Purchase are invalid, unless approved by NSG UP42 in writing. In the event these Terms of Purchase conflict with the terms of the Order, the terms of the Order will prevail.

2. PRICE, DELIVERY, AND PAYMENT

2.1 Price. The price for the Products or Services supplied by NSG UP42 to Purchaser will be the price specified in the Order.

2.3 Delivery. NSG UP42 will deliver Products and Services in accordance with terms specified by the Parties in the Order.

2.3 Payment. Purchaser will make all payments in accordance with the terms of the Order. Unless otherwise termed in the Order, invoices are due and payable within net 30 days from the date of Purchaser’s receipt of the invoice. All amounts payable by Purchaser to NSG UP42 are exclusive of any tax, levy, or similar governmental charge that may be assessed by any jurisdiction. Any late payment will accrue interest at 9% above the 3-month Saudi Arabian Interbank Offered Rate (SAIBOR) per year subject to applicable law.

3. CONFIDENTIALITY

3.1 The Order, including all information and discussions related to it, is confidential to both Parties. The Parties acknowledge that Products or Services supplied by NSG UP42 and information provided by Purchaser in relation to a purchase under the Order may contain CI, and that the Parties may receive or have access to other proprietary or confidential information disclosed under the Order. Both Parties agree to use the CI exclusively for the performance of the Parties’ obligations under the Order. Except for the above, neither Party shall disclose or make available any CI to a third party and shall take all precautions necessary to ensure strict confidentiality.

3.2 Each Party shall use the same degree of care to prevent and protect the CI from disclosure to a third party as that Party uses to protect its own CI, but in no event less than a reasonable degree of care. All CI disclosed will remain the exclusive property of the disclosing Party. The disclosure of any CI will not cause the receiving Party to have any rights for use of such CI other than as contemplated by the Order. The disclosing Party grants no license to, interest in, or other proprietary right under any intellectual property instrument, expressly or impliedly, to the receiving Party by the disclosure of any CI.

3.3 Upon termination of the Order, the receiving Party shall return to the disclosing Party all items of CI provided. The receiving Party shall expunge all CI provided by the disclosing Party, including all copies, in electronic form on its computers or electronic devices. Notwithstanding the termination of the Order, the obligations of confidentiality, secrecy, and nondisclosure remain binding for an additional period of five years. Where any item of CI constitutes a trade secret, the obligations of confidentiality, secrecy, and nondisclosure remain binding as long as such item remains secret and is not within the public domain, for which the receiving Party bears the burden of proof. The Order is binding upon and will inure to the benefit of the successors and assigns of the Parties.

4. INTELLECTUAL PROPERTY

4.1 Intellectual property includes, without limitation, all published or unpublished, written or unwritten discoveries, improvements, ideas, patents, patent applications, copyrights, copyright applications, industrial design, industrial design applications, trademarks, trademark applications, trade names, logos, data, systems, confidential information, trade secrets, know-how, business plans, goodwill, and the like, in each case residing with each Party or its licensors.

4.2 The ownership of intellectual property, including all patents, patent rights, copyrights, trade secrets, trademarks, and other proprietary rights in or related to data, products or services furnished by one Party to the other are and will remain the exclusive property of the relevant Party or its licensors, whether or not specifically recognized or perfected under the laws of the Parties’ territories. The other Party will not acquire any right in the data, services, or products, unless specified by written agreement.

4.3 The ownership of all patents, patent rights, copyrights, trade secrets, trademarks, and other proprietary rights in or related to any data, products, or services jointly developed by the Parties under the Order will be vested to one or both Parties under the terms specified in the Order.

5. LICENSING

5.1 NSG UP42 and its suppliers license Products and Services rather than transferring title outright.

5.2 Unless expressly termed otherwise in the Order, Purchaser does not acquire ownership of or title to the Products or Services. Purchaser may use the Products or Services as expressly specified in the Order or EULA.

6. WARRANTY, LIABILITY, AND INDEMNITY

6.1 NSG UP42 warrants it has sufficient ownership or distribution rights in the Products and Services to make these available to Purchaser. NSG UP42 warrants the Products or Services it has delivered correspond to the Order, and the media on which they are supplied are free from defects in materials and workmanship for a period of 30 days after the date of delivery. NSG UP42 does not warrant the Products or Services will meet Purchaser’s needs or expectations. In case of breach of warranty, NSG UP42 shall correct or replace the defective Products or Services or, if NSG UP42 or its supplier determines that such remedies are not practicable, refund to Purchaser the amount Purchaser paid for such Products or Services. Where NSG UP42 Credits are used to obtain Products and Services, NSG UP42’s Credit Refund Policy will apply.

6.2 In case of intentional harm or gross negligence on the part of either Party or its agents in performance, such Party is liable according to the provisions of applicable law. The same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentional, the breaching Party’s liability for damages will be limited to the damage reasonably predictable.

6.3 Subject to the provisions above and the extent to which applicable law requires liability, under no circumstance will either Party, its licensors, or associated persons be liable for consequential damages, including indirect, special, punitive, or incidental damages and lost profits, foreseeable or unforeseeable, based on claims of the other Party, its agents, associated persons, or customers. The Parties expressly waive the right to claims for such damages, which may include but are not limited to, claims for loss of data, goodwill, use of funds or products, interruption in use or availability of data, stoppage of work, or impairment of assets.

6.4 Each Party’s liability for culpable damage to life, body, or health remains unaffected by the foregoing.

6.5 Each Party shall indemnify and hold harmless the other Party for and against any damage, loss, liability, expense, or other claims, including costs and fees for defending such claim, that a Party incurs as a result of any breach of the Order by the other Party, including, without limitation, any negligent act or omission by, or willful misconduct of, the other Party’s employees or agents. Any other claims or remedies which the Parties may assert under this Order or by law are reserved.

6.6 THE PARTIES DISCLAIM ANY LIABILITY NOT EXPRESSLY PROVIDED FOR ABOVE.

7. TERM AND TERMINATION

7.1 The Order will be effective as of the date of signature by both Parties or when acknowledged by NSG UP42. The Order will remain in full force and effect for a period as provided in the Order or until the Parties have concluded their respective obligations under the Order.

7.2 In case of a material breach of these Terms of Purchase by one Party, the other Party may cancel or terminate the Order with 30 days written notice provided that the breaching Party has not cured the breach during such 30-day period.

7.3 Either Party may cancel or terminate the Order immediately by written notice in the event of a default by the other Party that is material and results from intentional misconduct or grossly negligent acts or omissions.

7.4 Upon termination by NSG UP42, Purchaser shall immediately remove from its computer systems or other storage media all proprietary and CI within Purchaser’s possession or control. Notwithstanding the foregoing, Purchaser may retain proprietary and CI to the extent required to fulfill any obligation to its customers that are dependent upon Products or Services provided under the Order.

8. FINAL PROVISIONS

8.1 Severability. If any provision of these Terms of Purchase becomes invalid or unenforceable, the remaining provisions will not be affected. The Parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision reflecting as close as possible the spirit and objective of the unenforceable or invalid provision.

8.2 Subcontracting and Assignment. Purchaser shall not assign, delegate, subcontract, or otherwise transfer any of its rights or obligations under the Order to any third party without NSG UP42’s prior written consent. NSG UP42 may assign the Order, in whole or in part, to an Affiliate or in connection with a merger, acquisition, or sale of all or substantially all of NSG UP42’s assets.

8.3 This Order shall be governed by the laws of the Kingdom of Saudi Arabia. Any dispute arising out of or in connection with this Order shall be finally settled by arbitration under the Rules of the Saudi Center for Commercial Arbitration (SCCA). The seat of arbitration shall be Riyadh, Saudi Arabia, and the language shall be Arabic.

8.4 English and Arabic Language. Unless otherwise agreed, the Parties will give all correspondence and communications required or desired to be given in connection with the supplying of Products or Services in the English and Arabic language. The language of the Order is the English language, which is the binding and controlling language for all matters relating to the meaning or interpretation of the Order. Any translation of the Order into another language is for convenience only.

8.5 Complete Agreement. The Order contains the entire understanding between the Parties with respect to its subject matter and supersedes all prior and contemporaneous written or oral negotiations and agreements between the Parties. The Parties may only amend the Order with a writing signed or acknowledged in writing by both Parties.

8.6 Relationship of the Parties. The Order does not constitute, create, give effect to, or imply a joint venture, pooling arrangement, agency, employer-employee relationship, partnership, or formal business organization of any kind.

8.7 Counterparts. The Parties may execute the Order in one or more counterparts, including by facsimile, each of which will be deemed an original, but all of which together will constitute the same instrument.

8.8 Electronic Contracting. If the Order is transmitted electronically, neither Party shall contest its validity, or any acknowledgment of the Order, on the basis that the Order or acknowledgement contains an electronic signature.

9. DEFINITIONS

Throughout these Terms of Purchase, the following terms shall have the meanings specified:

“Affiliate” “Affiliate” means, with respect to any person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with such person; the term “control” (including the terms "controlling", "controlled by" and "under common control with") means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. Notwithstanding the foregoing, no governmental entity (other than a commercial entity acting in a commercial capacity) and no sovereign or political subdivision of the Kingdom of Saudi Arabia shall be considered an Affiliate of “NSG UP42”;

“Business Day" refers to any day that is not a Friday, Saturday, or public holiday in the Kingdom of Saudi Arabia.

“Confidential Information” or “CI” refers to all information related to the transaction between the Parties provided by one Party to another, marked as confidential or declared so verbally (with written confirmation within 30 days). CI excludes material that:

was in the receiving Party’s possession without restriction before receipt;
is in or later enters the public domain;
the receiving Party generates independently without using the other Party’s CI;
the receiving Party acquires from a third party not under confidentiality with the disclosing Party;
is disclosed with the disclosing Party's prior written approval.

“Credit Refund Policy” refers to NSG UP42’s credit refund policy located here.

“Credits” means the unit of measure to obtain Products and Services through the NSG UP42 Platform and as further described here.

“EULA” means an end-user license agreement between Purchaser and NSG UP42 or its supplier.

“National Company for Spatial Data” or “NSG UP42” means a limited liability company incorporated in pursuant to the laws of the Kingdom of Saudi Arabia and registered in Riyadh under commercial registration number 1009118681 dated 13/04/1446H having its head office at Building 7555, Airport Road, 2474 Qurtubah Dist., Postal code 13244, Riyadh, the Kingdom of Saudi Arabia, a wholly owned subsidiary of National Space Company, a closed joint stock company incorporated pursuant to the laws of the Kingdom of Saudi Arabia and registered in Riyadh under commercial registration number 1010851724 dated 12/06/1444H located at Building 7555, Airport Road, 2474 Qurtubah Dist., Postal code 13244, Riyadh, the Kingdom of Saudi Arabia.

“Order” refers to the written agreement between NSG UP42 and Purchaser that forms the basis of their transaction and includes these Terms of Purchase. Orders may be concluded through the NSG UP42 Platform.

“Party” or “Parties” means either NSG UP42 or Purchaser, either individually or collectively.

“Platform” means NSG UP42’s online marketplace located at https://sa.up42.com

“Product” means any Credits, imagery, data, product, or solution supplied by NSG UP42 or its suppliers, including, without limitation, information products and digital data sets.

“Purchaser” means the legal entity or government agency that enters or intends to enter into a binding agreement with NSG UP42 to obtain Products or Services.

“Service” means any service or work developed or performed by NSG UP42 or by NSG UP42 in cooperation with Purchaser.

Privacy policy

1. Introduction

National Company for Spatial Data (hereafter referred to as “NSG,” the “Company,” “we,” or “us”) is committed to protecting your privacy and handling your personal data responsibly, in accordance with applicable data protection laws, including the Kingdom of Saudi Arabia’s Personal Data Protection Law (PDPL), as amended by Royal Decree No. (M/148).

NSG acts as a Data Controller, meaning we determine the purposes and means of processing your personal data. As required under applicable data protection laws, we are providing this privacy notice (“Policy” or “Notice”) to inform you about how we manage your personal data.

This Privacy Policy describes how we collect, use, disclose, and protect your personal data in connection with the NSG Marketplace. It may be updated from time to time. While material changes will be communicated to you where appropriate, we recommend reviewing this Policy periodically to stay informed.

If you have any questions about this Policy or how we handle your data, please refer to the “Contact Us” section below.

2. Applicability of this Policy

This Policy details how NSG collects, holds, processes, transfers, stores, and retains (referred to as “Process” or “Processing”) the Personal Data of its Customers (referred to as “Customers”, “Users” or “You”). This Policy also details your rights as a data subject under Applicable Data Protection Laws and who You can contact for any queries or grievances.

3. What Personal Data is collected from You?

General Personal Data – Information such as your First Name, Last Name, Industry, Job Title, etc;
Contact Information – Information such as your Email address, phone number, etc;
Account information – Information such as User Id and Password.
Technical and network activity – Information such as your IP address, timestamps and other online identifiers;
Payment information – Information such as your Credit Card number, Bank account number, etc;
Billing Information – Information such as your billing address, email address, first name, last name, company name, etc;
Cookies – When You visit Our platform we might collect Your browser’s cookies.

4. How do we Collect Your Personal Data?

NSG may directly collect Your Personal Data You provide Us, when You:

Use or view our platform via Your browser’s cookies;
Fill in contact form or send Us an email;
Register for our login area and Set up an Account in order to use Our platform’s full range of functions;
Subscribe to Our newsletter in which We inform You about current products and services;
Complete a customer survey or provide feedback on any of Our contact forms or via email;
Complete transactions through Our platform, such as fulfilling an order for Our Service;
Perform search queries on Our platform;
Request assistance from Our Support team;
Register for or attend Our Marketing events;
During each of Your interactions with us, we collect information about Your connection and Your browsing.

5. What is the purpose of collection of Your Personal Data?

To allow You to create Your account by verifying Your identity and make Our Platform accessible to You.
To allow You to customize Your experience on the platform.
To ensure security of the User accounts and protect our environment from unauthorized access.
To allow You to deactivate Your account when you no longer require it.
To keep You informed about Your account activity and status;
To inform You about upcoming credit expiration dates and any relevant changes to credit management;
To keep You informed about potential security risks and help You in recovering Your accounts;
To inform You about new features, changes to terms and conditions and other relevant information;
To provide You assistance with technical issues, account inquiries and general questions about the platform;
To track and organize Your support interactions and resolutions;
To ensure Customer satisfaction and address any problems You may encounter;
To reach out to potential Customers and generate interest in NSG’s products and services;
To promote our Products/Services and Brand (i.e. newsletters, testimonials, email marketing campaigns, location-based marketing, digital marketing campaigns, response to enquiries, events, webinars, public relations activities etc)
To keep You informed about NSG’s offerings and updates;
To facilitate Your transactions and to provide You with records of Your transactions and billing information;
To provide secure and reliable DNS resolution and protect against Distributed Denial of Service (DDoS) attacks;
To manage and fulfil requests for access to specific data collections on the platform;
To maintain logs of activity within Our platform;
To monitor, analyse, and visualize business data relating to the operations of Our platform;
Consumer Profiling (non-automated, track online behavior, marketing analytics, user feedback, track website usage etc)

6. Legal basis for Collecting and Processing Your Personal Data

Your explicit consent: When We ask for Your consent to process Your Personal Data for a specific purpose that we communicate to You. When You consent to our processing Your Personal Data for a specified purpose, You may withdraw your consent at any time and we will stop processing of your data for that purpose
Contractual obligation: When We provide You with Services, or communicate with You about them. This includes when we use Your Personal data to take and handle orders, deliver products and Services, send You "Learn & Improve" emails that may include Product onboarding tips, Products and Services updates to help You to access and use the Platform in order to meet Your needs or even process payments.
Legitimate interest: For us to safeguard our platform from unauthorized access and security threats and to monitor, analyse and visualize business data relating to the operations of our platform.
Legal Obligation: When we use Your Personal Data to comply with other laws.

7. How do we store Your Personal Data and for how long?

NSG uses technical and organisational security measures in order to protect the Personal Data We have under Our control against accidental or intentional manipulation, loss, destruction and against access by unauthorised persons. Our security procedures are continually enhanced as new technology becomes available.

We will delete Your Personal Data when the purpose of the processing has been achieved unless further statutory retention periods exist, e. g. we still need Your Personal Data to fulfil contractual or legal obligations (accounting, tax reasons, etc.).

Even after the service has been provided or after termination of the contract, it may be necessary to continue to store personal data in order to comply with contractual or legal obligations.

8. Who might receive Your Personal Data?

In the context of our processing of Your Personal Data, it may happen that the data is transferred to other places, companies or persons or that it is disclosed to them.

We only transfer Your Personal Data to third parties if there is an appropriate legal basis for doing so, in particular if:

You have given your explicit consent
This is necessary for the performance of the contract with You
There is a legal obligation for the disclosure
The transfer is necessary for the purposes of legitimate interests, as well as for the establishment, exercise or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest to not transfer your data.
External service providers Process Personal Data on our behalf in pursuant to Article 29 of the KSA Personal Data Protection Law (PDPL).

Recipients of your Personal Data may include, for example, data centres that store our website and databases, IT service providers that maintain our systems or provide CRM functionalities and consulting firms, payment service provider within the context of payment transactions, service providers commissioned with IT tasks or providers of services and content that are embedded in a website. If we pass data on to our service providers, they may use the data exclusively for the fulfilment of their tasks. We have carefully selected and commissioned the service providers.

In such a case, the legal requirements will be respected and in particular corresponding contracts or agreements, which serve the protection of your data, will be concluded with the recipients of your data.

9. Transfer of Your Personal Data outside of the Kingdom of Saudi Arabia

Your personal data may be processed by NSG and its affiliated companies and those other parties described above, which may involve your personal data being transferred outside the Kingdom of Saudi Arabia. Where SDAIA has not issued an adequacy decision in relation to the jurisdiction where your personal data is processed, and you are a KSA Data Subject, we will ensure that there are adequate mechanisms in place to protect your personal data in accordance with applicable data protection laws. We will do this through use of data transfer agreements implementing standard data protection clauses.

10. Your Rights regarding Processing of Your Personal Data

Under Personal Data Protection Law (PDPL), you have the following rights, which primarily depend on the purpose of Personal Data collection and processing:

Right to Be Informed: You are entitled to be informed how we collect your Personal Data, legal basis for collection and processing, how such data is processed, stored, destroyed, and to whom it will be disclosed. You can access all details through this Privacy Policy or contact us using the below mentioned information.
Right of Access to Your Personal Data: You are entitled to request access to your Personal Data held by us in a readable and clear format, if technically feasible, by contacting [email protected]. Please note, we may restrict access if required for security purposes, by law, or to fulfil judicial obligations.
Right to Request Correction of Your Personal Data: You are entitled to request correction of your Personal Data that you believe is inaccurate, incorrect, or incomplete, by emailing us at [email protected]. Such requests will be reviewed and addressed within 30 days, and you will be notified of the outcome.
Right to Request Destruction of Your Personal Data: You are entitled to request destruction of your Personal Data under certain circumstances (e.g., if the service for which it was collected is complete, or if you withdraw your consent). NSG may retain certain data where legally required.
Right to Withdraw Consent: You are entitled to withdraw your prior Consent to Processing based on it, at any time. You can withdraw Your Consent by emailing us. Once We have received notification that You have withdrawn your consent, We will no longer Process your Personal Data for the purpose(s) You originally agreed to.
Right to Submit a Complaint: You have the right to submit a complaint regarding the application of the PDPL to the Saudi Data and Artificial Intelligence Authority (SDAIA).
Right to Compensation: You have the right to claim compensation for material or moral damages if you are harmed as a result of a violation under the Personal Data Protection Law and its Implementing Regulations.

In case of partial or complete incapacity, a valid legal guardian may exercise these rights on behalf of the Data Subject. NSG may request supporting documentation to verify guardianship.

Unless otherwise stipulated by law, you will not be charged any fees for exercising these rights. You will receive a response within 30 days from the date your request is received.

For further information or to exercise your rights, please contact the NSG Data Protection Office using the contact details provided below.

11. Contact Us

You can reach out to the Data Protection Office at NSG by writing to the below email address. Email: [email protected]

12. Complaint or Objection Filing Method

If you believe your rights under the Personal Data Protection Law have been violated, you can file a complaint with NSG by emailing [email protected].  If you remain unsatisfied after 30 days, or if NSG does not address your concern, you may escalate the complaint to the Saudi Data and Artificial Intelligence Authority (SDAIA) via their official complaint portal or as described on their website (www.sdaia.gov.sa).