This User Agreement regulates the relations between the Aitu-Dala Limited Liability Partnership (hereinafter the "Company") and the user of the Funtest.io Platform.
1. TERMS AND DEFINITIONS
Content means texts of surveys and answers, multimedia files, and any other information content.
Personal Account means the personal information space of the User on the Platform. Access to the Personal Area is granted to the User after successfully completing the registration procedure on the Platform.
Company – Aitu-Dala LLP, BIN ______, address: 1/4 R.Koshkarbayev Ave., Nur-Sultan, the Republic of Kazakhstan, which is the owner and operator of the Platform;
Mobile Device means a facility of individual use that allows obtaining, transmitting, receiving, and processing information, which is connected to the mobile operator network.
Partners mean persons engaged for the purpose of providing services to the Company to create, operate, and increase the user base, expand the functionality, as well as the support of the Platform and of any Services on the basis of contracts concluded with the Company, including for servicing the Company's work processes.
Platform means an online Funtest.io platform, which is available to the User through the https://funtest.io site on the terms of full compliance with this User Agreement, which is an opportunity for the User to create short targeted surveys, including to use ready-made surveys and publishing them on the User's website through a built-in widget.
End-User means an individual who answers/intends to answer the User's survey questions on the User's Website.
User means any competent and capable individual or legal entity who uses the Platform's services.
User Agreement means this agreement, other rules, and documents regulating the operation of the Platform or defining the procedure for using the Services, as well as the rights and obligations of the Company, its Partners, and the User, which applies to each User of the Platform.
User's Website means standard and mobile websites and platforms created and/or owned by the User.
Services mean services and tools available to the Users of the Platform.
Registration Data means data provided by the User during registration and/or initial use of the Platform, on the basis of which the Company determines the User, taking into account any changes and additions.
2. GENERAL PROVISIONS
2.1. The Company offers the User to use the Platform and the additional services available in it under the terms of this User Agreement. In relation to the provision of certain Services, the Company may establish special rules that are an integral part of this User Agreement. If there is a conflict between the provisions of this User Agreement and the special rules, the provisions of the special rules apply.
2.2. The Services provided on the Platform may at any time be changed, supplemented, updated, and change the form and nature of the functionality without prior notice to the User, therefore, their use is offered "as is", that is, in the form and amount in which they are provided at the time the User accesses the Services. The Company shall be entitled, at its sole discretion, to discontinue (temporarily or permanently) the provision of Platform support and/or certain Services (or any specific functions within the Services) to all Users in general or to an individual User in particular, without prior notice.
2.3. The Company shall be entitled to restrict or ban (temporarily or permanently) the User's access to the Platform, its functionality, and/or Services if the User has violated ethical standards both towards the Company's employees and other Users, or otherwise violated the provisions of this User Agreement.
2.4. If the User has claims against another User in connection with the use of the last Services and/or the information and/or Content posted by it, the User is obliged to present these requirements directly to these persons and resolve the claims independently and without the participation of the Company, as well as release the Company (along with its subsidiaries, affiliates, employees, directors, authorized persons, and employees) from all claims, obligations, compensation for damages, losses, costs and expenses, including attorney's fees, arising from or in connection with such claims.
3. REGISTRATION CONDITIONS
3.1. The User is a competent capable legal entity or an individual who has reached the age of majority, is entitled to use the Platform after the conclusion of this User Agreement. The User who has not reached the age of majority has the right to use the Platform in the cases and in the manner provided for by the legislation of the Republic of Kazakhstan.
3.3. During the registration, the User shall specify the name, the name of the organization, the cellular subscriber number, and the e-mail. After the registration, the User shall be entitled to use the Platform and its Services.
3.5. The moment of conclusion of this User Agreement shall be the successful registration of the User on the Platform.
3.6. The User shall keep its Credentials secure and not disclose them to any third party. The User does not have the right to transfer his Personal Data to third parties, as well as directly or indirectly allow third parties to use his Personal Data to use the Platform, except for persons acting on behalf of and in the interests of the User or who have received such Personal Data on the basis of relevant agreements with the User.
3.7. Any action undertaken with the help of the User's Credentials shall be deemed to be an action undertaken by the User itself or by a person authorized by the User and shall impose duties and responsibilities on the User in respect of such actions, including liability for breach of this User Agreement and the laws of the Republic of Kazakhstan.
- collection and processing (accumulation, storage, modification, addition, use, distribution, depersonalization, blocking and destruction), in any manner permitted by the legislation of the Republic of Kazakhstan and from any sources, including those publicly available Personal Data of the User by the Company, affiliated persons of the Company and third parties associated, both now and in the future, with the Company by circumstances or legal relations for the collection, processing, and protection of Personal Data, within the limits permitted by the legislation of the Republic of Kazakhstan;
- transfer, including cross-border transfer, of the Personal Data to the Company's affiliates and third parties, which relate, both now and in the future, to the Company by circumstances or legal relations for the collection, processing, and protection of the Personal Data; and
3.9. This consent to the collection and processing of the Personal Data shall apply to any cases of the use of personal data by the Company (including for the purposes of individual communication with Users) that do not contradict the legislation of the Republic of Kazakhstan, including when processing User requests received by the technical support phone/Contact Center/Company's email: firstname.lastname@example.org.
3.10. By entering into this User Agreement, the User agrees to the possibility of receiving advertising information from both third parties and the Company. The User understands and agrees that the Company does not determine the content and is not responsible for such information, including sites that may be referenced in the relevant materials.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User shall be entitled to:
4.1.1. get access to the use of the Platform after meeting the requirements provided for in this User Agreement;
4.1.2. use all the Services available on the Platform;
4.1.4. use the Platform exclusively for the purposes and in the manner provided for in the User Agreement and not prohibited by the legislation of the Republic of Kazakhstan;
4.1.5. issue an appeal to the address email@example.com, if the User has claims about the illegal actions of other Users and third parties, including the posting of unreliable and illegal information; and
4.1.6. if you have any questions and/or suggestions related to the Platform, make a corresponding appeal to technical support at firstname.lastname@example.org.
4.2. The User shall:
4.2.1. use the Platform and its Services exclusively for the purposes, for which they are intended;
4.2.2. compensate the Company, other Users, and any third party for damages caused thereto;
4.3. The Company shall:
4.3.1. provide the User with access to the Platform, in accordance with the terms of this User Agreement;
4.3.2. not disclose or transfer information about the User to third parties, except in cases provided for by the existing legislation of the Republic of Kazakhstan;
4.3.3. process the relevant User requests in a timely manner, no later than 10 working days;
4.4. The Company shall be entitled to:
4.4.1. send the User information about the operation of the Platform in any way, including posting information and other messages within the Platform;
4.4.2. edit or delete materials and Content if they do not comply with the requirements of the existing legislation of the Republic of Kazakhstan and the terms of this User Agreement, harm the Company or third parties;
4.4.3. collect and use technical data and related information, including, but not limited to, technical data about external devices, as well as about the software of the User's device, operating system, and Platform. This information is collected periodically and intended to facilitate the provision of software updates, technical support, and services (if any), which are related to the Platform, to the User; and
4.4.4. collect, store, and process statistical and other information about the User's use of the Platform in order to improve and increase the stability of the Platform.
4.5. The User acknowledges that the Platform is an object of intellectual property owned by the Company. The Company provides the User with a non-exclusive, non-transferable, revocable license and/or consent for such rights only to the extent that is reasonably necessary for the User's personal use of the Platform in compliance with this User Agreement. The User is not granted any rights to the Company's trademarks and service marks, which remain the property of the Company and/or its respective affiliates. The Platform is software and is provided "as is" and subject to its availability, and the Company is not responsible for any inability to access or use the Platform.
4.6. The User shall acknowledge the Company's right and gives the Company consent to use, process, and modify the Content obtained as a result of creating new surveys and/or using ready-made surveys (or a part thereof) by the User through the Platform, indefinitely and free of charge, within the framework of the Company's activities, as well as to transfer this Content to affiliated companies and/or third parties in any country of the world, both on the Internet and outside the specified network, and the User shall waive all claims against the Company or other persons acting on its behalf in connection with any previous, present, or future personal non-property rights, copyrights, or other similar rights in any country of the world that the User may have in relation to the specified Content. To exclude any contradictions, the Company shall not collect, store, and process personal data of End-Users and shall not be responsible for them.
4.7. The User acknowledges and agrees that in order to provide the User with services, the Company has the right to access the User Content, to be able to download and/or copy them on the Platform, including cloud services, to correct the display, duplication for backup purposes and performing any other necessary technical actions and/or procedures necessary for the execution of services, at the discretion of the Company.
5.1. The User is prohibited to:
5.1.1. post false Information and/or Content via the Platform;
5.1.2. use other software (in addition to the very Platform) and/or hardware to use the functionality of the Platform and/or the infrastructure (platform) on which it operates;
5.1.3. take actions, which may result in a disproportionate load on the infrastructure of the Platform and otherwise disrupt the functioning of the Platform and its infrastructure;
5.1.4. change the Platform, perform actions aimed at obtaining illegal access to information resources, information systems, and databases of the other Users, Company and/or its Partners; and
5.1.5. use the Platform on Mobile Devices that are not certified in accordance with applicable law, as well as violate the rules for safe use of the relevant mobile devices.
5.1.6. copy, modify, reuse, create derivative works, upload, adapt, reverse engineer, emulate, translate to another service, broadcast, compile, decompile, or disassemble the Platform and/or its Services (or a part thereof), the Content offered by the Platform and/or a part thereof, as well as publicly demonstrate, perform, transmit, or distribute the above without the prior written and explicit consent of the Company.
5.1.7. use, provide, transmit or display User Content in a context that may be considered illegal, defamatory, unethical, harassing, threatening or abusive, provocative, racist, offensive, misleading or fraudulent, inciting criminal or malicious acts, or that otherwise violates the rights of the Company or third parties (including intellectual property rights, rights to privacy, contractual or fiduciary rights) or otherwise puts an individual or legal entity in an unfavorable light, in the absence of prior explicit consent on their part.
5.1.8. upload any viruses, malicious and destructive software, or computer codes to the Platform or through its Services to other sites, or otherwise use the Platform Services for the specified purposes.
5.2. Any violation of the provisions of Clause 5.1 of this User Agreement shall be considered material one and shall grant the Company the right at any time and at its sole discretion to suspend or block the User's access to the Platform and/or to remove any User products, regardless of whether they were added, published, or embedded on the User's website during this time, without being responsible to the User or End-Users, including for the resulting loss of bandwidth, as well as for the unilateral termination of this User Agreement.
6.1. The User is responsible for the actions performed on the Platform, in accordance with the current legislation of the Republic of Kazakhstan, including responsibility for the content of the information posted by him and violation of the rights of third parties in relation to the information posted on the Platform.
6.2. The User is responsible for the accuracy of the information provided to the Company during registration, including Personal Data.
6.3. The User is responsible for actions in relation to the Content and its data, posted and distributed via the Platform.
6.4. The Company is not responsible for the content of the information provided by the User, the use of trademarks, logos, or any other intellectual property of third parties by the User.
6.5. The User confirms that it possesses all rights with respect to the content uploaded or provided by the User or imported, copied, or uploaded for the User of the Platform Services to the User's website (“User Content”), including drawings, plans, sketches, design elements, images, animation, video, audio files, fonts, logos, code, illustrations, works, graphic images, interfaces, user names, and information provided by the User for the purpose of creating the Content, or the User has all the powers, title documents, licenses, consents, and permissions with respect to the User's Content that are required for legal access thereto, its import, copying, use, publication, and transfer, or licensing of the specified Content by the User and the Company, as well as by the Company's affiliates.
6.6. The User confirms that it has the full right, including the ownership right, licenses, permissions, and powers that allow the Platform Services to access any websites, web pages, and/or other online services for the purpose of importing, copying, displaying, downloading, transmitting, and/or otherwise using the User's Content.
6.7. The User shall guarantee that the User's Content is true, up-to-date, accurate, and does not violate the rights of third parties, and its downloading, importing, copying, possession, posting, transmission, demonstration, or any other use is not illegal in the country where the End-Users reside, and access thereto, its import, copying, downloading, use, or possession in connection with the Platform Services is not illegal for the Platform, the Company, and End-Users.
6.8. The User shall guarantee that it has obtained all the required consents and permissions provided for by the existing legislation for posting, transmitting, and publishing personal data and/or images of individuals, legal entities, or property that are a part of the User's Content, and the User will comply with all relevant legal requirements in relation thereto.
6.9. The User shall be solely responsible for all types, results, and consequences of using the Platform's Services that are executed from the User's website, including relationships with End-Users, as well as for all User Content.
6.10. The Company shall not be liable for any loss of information by the User or for the misrepresentation or loss of messages or Content or posted by the User through the Platform.
6.11. The User shall be solely responsible for its User products and actions, which are related to and obtained from the use of the Platform's Services, for any promotions and Content, which are contained or mentioned on the User's website, as well as for compliance with any applicable laws. The Company is not involved in relations and/or any transactions of the User with actual or potential buyers of the User's products.
6.12. Under no circumstances can the Company be considered the "publisher" or "author" of the User's Content and/or Information, in no way recommends the User's Content, and assumes no liability in respect of the User's Content uploaded, posted, published, and/or provided by any User or other person on the Platform or through the Application Services, for its use by any third party, for its loss or deletion or for causing damage to them, as well as for losses, costs or expenses incurred by the User or other persons as a result of the publication, gaining access to or trusting the User's Content and/or using it, or in connection with the actions listed above.
6.13. The Company shall not be liable for errors, slander, defamatory, or obscene information, provocations, and/or other illegal and/or copyright-infringing User's Content that the User or other persons may encounter.
6.14. The User acknowledges the existence of risks associated with the use of the Platform Services and/or connecting and/or working with the services of third parties through the Platform Services or in connection with them; The User confirms that the Platform cannot guarantee (do not guarantee) the specific results of such use and/or interaction, and also that the User hereby assumes all the stated risks, obligations and/or responsibility for harm of any kind arising in connection with the specified interaction and/or as a result of the specified interaction.
6.15. The Company does not recommend using the Platform Services to post content of a personal nature and is not responsible for ensuring the safety and integrity of this content, as well as for the risks associated with violation of rights in relation to this content or causing any damage to it.
6.16. The User shall indemnify the Company (with its subsidiaries, affiliates, employees, directors, authorized persons, and employees) from all demands, claims, obligations, compensation for damages, losses, costs, and expenses, including attorney's fees, known or unknown, and also reimburses the Company (as well as its subsidiaries, affiliates, employees, directors, authorized persons, and employees) for any damage, losses, debts, costs, and expenses (including attorneys' fees) that have arisen, occurred, or incurred as a result of or in connection with: (1) a violation by the User of the provisions of this User Agreement or other terms of the Company; (2) a violation by the User of the rights of third parties, including copyright, access rights, property rights, or privacy rights in connection with the User's platform or User's Content and/or as a result of the User's use of the Platform Services, including, but not limited to, the actions of the Company/Platforms/Platform Services, which have been committed in favor of the User; and/or (3) other claims related to the harm caused by the User's platform and/or the User's Content to third parties.
6.17. The Company does not provide any guarantees in relation to the Platform and Services, in particular, the Company does not guarantee the User that:
- The Platform and Services, the benefits they provide and their quality will meet the requirements and goals of the User;
- The Platform and Services will be provided continuously, reliably, and without errors;
- The results that will be obtained through the use of the Platform and Services will be accurate, reliable, and meet the expectations of the User;
- The Platform and Services are suitable for the planned activities of the User, devices, operating systems, browsers, software, or tools (or the planned activities, devices, operating systems, browsers, software, or tools of End-Users) or compatible with them, and they comply with the legislation that applies to the User or to End-Users (including in the jurisdiction, in which the User performs its activities); and
- The Platform and Services will not contain viruses, software errors, and other malicious components and software restrictions.
6.18. The User acknowledges that the Company shall not be liable for any losses, including loss of profit, incurred by the User in connection with any restriction in the availability of the Platform and Services, regardless of the cause of the restriction.
6.19. The Company is not responsible for non-fulfillment or improper fulfillment of its obligations, including, but not limited to, (a) the actions of force majeure circumstances; (b) changes/cancellation of regulatory legal acts; (c) actions of state bodies and third parties; (d) deterioration in the quality of services provided by telecom operators; (e) other reasons beyond the control of the Company.
6.20. The Company shall not be responsible for the actions of other users of the Platform and third parties, which are used to provide services to the User, such as Internet service providers, payment systems, messengers, social media services, email services, etc.
7. FINAL PROVISIONS
7.1. This User Agreement is a contract of accession in accordance with the legislation of the Republic of Kazakhstan. The terms of this User Agreement are established by the Company independently in accordance with the legislation of the Republic of Kazakhstan and are accepted by the User only by joining this User Agreement as a whole.
7.3. This User Agreement shall become effective on the date the User starts using the Platform Services in accordance with Section 3 herein and shall be valid for the duration of the services rendered by the Company to the User, as determined by the availability of Registration Data of the User at the Company. The termination of the use of the Platform's Services shall not terminate this User Agreement, however, the User may at any time withdraw from this User Agreement, including in the case of disagreement with the amendments and additions, by sending a written notification to the Company at the address: 1/4 R.Koshkarbayev Ave., Nur-Sultan 010000, the Republic of Kazakhstan.
7.4. The Company may make amendments and/or additions to this User Agreement, including on the payment nature of access to the Platform and the payment procedure, by posting the amended version thereof on the Company's website and/or publishing the same in the mass media. Such changes and additions are considered accepted by the User after pressing the appropriate button about their acceptance within the functionality of the Platform or if, after 7 (seven) calendar days from the date of their publication, the User continues to use the Platform. The current version of the User Agreement is posted on the Company's website at the following link: https://funtest.io.
7.5. The Company has the right to transfer its rights and/or obligations under this User Agreement, both in whole and in part, to a third party without the User's consent.
7.6. Issues not regulated by this User Agreement are subject to resolution in accordance with the legislation of the Republic of Kazakhstan.
7.7. In case of any disputes or disagreements related to the performance of this User Agreement, the User and the Company will make every effort to resolve them by conducting negotiations between them using the mandatory pre-trial (claim) procedure. If disputes are not resolved through negotiations, disputes shall be resolved in the courts of general jurisdiction of Nur-Sultan in the manner prescribed by the existing legislation of the Republic of Kazakhstan.
7.8. This User Agreement is composed in the Russian and Kazakh languages, which have the same legal force.