TERMS AND CONDITIONS

1.Service provider

1.1. These Terms constitute a legally binding public offer agreement made between you, whether personally or on behalf of an entity (“you”, “user”), and Institute of Smart Systems and Artificial Intelligence Private Institution, and concerning your access to and use of the Services.

1.2. Institute of Smart Systems and Artificial Intelligence Private Institution ("ISSAI", “we”), a company registered and operating under the laws of Kazakhstan at Kabanbay batyr ave. 53, Astana city 010000, Republic of Kazakhstan. Business Identification Number 100940009716.

1.3. We provide a broad range of services that are subject to these terms, including: apps, sites, platforms, as well as any other related products and services (the “Service”, “Services”) that refer or link to these Terms and Conditions (the “Terms”).

1.4. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2.User representations and Service management

2.1. You may be required to register to use the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

2.2. By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) if you are under 18, you have received parental permission to use the Services.

2.3. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

• 1) Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
• 2) Modify, copy, lease, sell or distribute any of our Services.
• 3) Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems.
• 4) Automatically or programmatically extract data.
• 5) Represent that AI-generated data was human-generated.
• 6) Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.

2.4. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

2.5. We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation notice, refund or liability, to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your actions or any portion thereof; (4) in our sole discretion and without limitation, notice, refund or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and to facilitate the proper functioning of the Services.

3.Subscription

3.1. Access to the Service can be provided on a subscription basis.

3.2. In Service with a trial version, it is available only to new users and is limited as specified in the Service. After the trial limit is reached, a subscription is required to continue using the Service.

3.3. Automatic Renewal. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

3.4. You can cancel your subscription at any time through your account settings. If you cancel, the subscription will remain active until the current limit is exhausted, after which no further charges will be applied.

3.5. Fee Changes. ISSAI reserves the right to amend the subscription fees. Should any changes occur, you will be notified in advance. Upon reaching your current limit, should you wish to continue using the service, you will be required to subscribe again at the revised rate.

3.6. You have a right to cancel the subscription and request a refund, but only if no more than 24 hours have passed since the subscription was purchased and the User has not used the Service (a limit provided under subscription). In all other cases, payments made for the subscription are non-refundable and the service is deemed to have been consumed by the User. To request a refund in the cases specified in this clause, the User must send an email to the email address specified in the Service.

3.7. Bank card details may be linked to the Services at the time of payment. The User is required to provide the following information:

• 1) Bank card number;
• 2) Expiry date of the bank card;
• 3) Security code (CVV/CVC).

3.8. By providing bank card details, the User confirms and guarantees that they have provided accurate and complete information about a valid bank card issued in their name; that they comply with the rules of international payment systems and the requirements of the issuing bank of the bank card, including those related to the procedures for conducting cashless payments.

3.9. The User understands and agrees that all actions performed within the Service through their account, including cashless payments using the bank card, are considered to be performed by the User.

3.10. ISSAI reserves the right to request confirmation of the information provided by the User within the Service at any time, including the details of the bank card, and to request supporting documents (in particular, identity verification documents). Failure to provide such documents, at our discretion, may be regarded as providing inaccurate information and may result in measures stipulated in clause 2.3 of these Terms.

3.11. In cases provided by applicable law, a cash receipt for cashless payments will be sent to the email address specified by the User in their account.

4.Intellectual property rights

4.1. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks and logos contained therein (the “Marks”).

4.2. Our Content and Marks are protected by laws and treaties in Kazakhstan and around the world.

4.3. Your content remains yours, which means that you retain any intellectual property rights that you have in your content. By using the AI-powered Services, you grant us a non-exclusive, irrevocable, royalty-free license to use the AI-generated Content for the entire term of the exclusive right to the generated Content throughout the world.

5.Privacy policy

5.1. We will maintain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

5.2. We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted in Kazakhstan. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Kazakhstan, then through your continued use of the Services, you are transferring your data to Kazakhstan, and you expressly consent to have your data transferred to and processed in Kazakhstan.

5.3. The User represents and warrants that any information provided, including personal data, is lawfully owned or controlled by the User and is submitted without violating any third-party rights. The User further warrants that, where applicable, all necessary consents from third parties have been obtained prior to the submission of such information. The User agrees to indemnify and hold ISSAI harmless from any and all claims, liabilities, or damages arising from the unauthorized disclosure or misuse of any information provided by the User.

6.Term and termination

6.1. These Terms shall remain in full force and effect in connection with your use of the Services.

6.2. WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU SHARED, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY LAW OR REGULATION.

6.3. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing injunctive redress.

7.Modifications

7.1. We’re constantly developing new technologies and features to improve our services. For example, we use artificial intelligence and machine learning to provide you with simultaneous translations. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.

7.2. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services, at any time or for any reason with advance notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

7.3. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the text with the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Terms are posted.

7.4. We may, from time to time, make changes to the subscription fee and will communicate any price changes to you, if you have an active subscription. In case of changes to subscription fee, your active subscription.

8.Governing Law and dispute resolution

8.1. These Terms and your use of the Services are governed by and construed in accordance with the laws of Kazakhstan (applicable law) applicable to agreements made and to be entirely performed within Kazakhstan, without regard to its conflict of law principles.

8.2. All disputes are subject to be resolved by negotiations or shall be decided by a court of Astana, Kazakhstan.

9.Disclaimer

The services are provided on an as-is basis. You agree that your use of the services will be at your sole risk.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

10.Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

11.Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your information; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12.Electronic communications and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

13.Miscellaneous

13.1. These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

13.2. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

13.3. Persons under the age of 18 must have the permission of their parent or guardian to use the Services. Please have your parent or legal guardian read these terms with you. If you’re a parent or legal guardian, and you allow your child to use the services, then these terms apply to you and you’re responsible for your child’s activity on the services.

14.Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Institute of Smart Systems and Artificial Intelligence Private Institution

Kabanbay batyr ave. 53

Astana city 010000

Republic of Kazakhstan