User agreement
This User Agreement regulates relations between AITU - Dala LLP (hereinafter — the "Company") and an individual - user of online platform (hereinafter — the "User") regarding placement and use of video, audio, photo, information and other materials on Aitube online platform, which includes the Website and the App.
1. TERMS AND DEFINITIONS
Aitube Online Platform (the Platform) – a hardware and software complex operated through the Internet and owned by the Company that contains Information and Content available to the public, allows anyone to access it through the Website and/or App and allows Users to upload, post and view the Information and Content.
App – mobile application, which is part of the Platform, available to the User through the application store under the terms of full compliance with this User Agreement, developed for mobile devices running iOS and Android operating systems.
Website – internet resource located at the address (URL): Aitube.kz, which is part of the Platform.
Personal Account – the User's personal information space on the Platform and/or in the App, designed for the User's interaction with the Platform and the Company within the available functionality and interface. Access to the Personal Account is granted to the User after successfully completing the registration procedure on the Platform and/or in the App.
Company – Aitu-Dala LLP, BIN 190240009453, address: 1/4 R.Koshkarbayev Ave., Nur-Sultan, the Republic of Kazakhstan, which is the owner and operator of the Platform.
User – an individual using the services of the Platform, including the Website and/or App.
Partner – a 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.
Personal Data – data, including biometric data, relating to a particular data subject or a data subject defined on the basis of its personal data, recorded on electronic, paper and (or) other tangible media, as well as their future alterations and additions, collection and processing of which is carried out on the terms of this User Agreement, Privacy Policy, posted on the Website, and the laws of the Republic of Kazakhstan.
Services – services and tools available to Platform Users through the Website and/or App, including those provided by Partners.
User Agreement – this agreement, including any amendments and additions to it.
Privacy Policy – a document, with any amendments and additions to it, defining the procedure and conditions of collection, use, storage, processing, protection and confidentiality of the User's data, including Personal Data, which is an integral part of this User Agreement, located on the Website at: www.aitube.kz/terms.
Provider of payment services - Personal Cash Desk LLP
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.
Content means audio, video, photo, graphics and other materials (including audiovisual works) uploaded (posted) by the User directly on the Platform through the Website and/or App.
Information means graphical and textual materials (including comments, texts, etc.) uploaded (posted) by the User on the Platform through the Website and/or App.
Channel means a section of the Platform provided to a particular User upon registration, where the User may post and/or delete Content and/or Information, and perform other actions with respect to that section within the technical capabilities of the Platform, the Website and/or the App.
Rightholder – a legal entity or an individual who owns the rights to use an audiovisual work (in whole or in part) or any other intellectual property object and has provided the Company with original materials of audiovisual works or other evidence of its rights, including for the purpose of protecting the intellectual property rights owned by the Rightholder.
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 and are posted on the Platform. 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 functionality, interface, as well as any services provided on the Platform, including any Services, may be changed, supplemented, updated, change form and nature of functionality at any time without prior notice to the User, in connection with which their use is offered in "as is" mode, i.e. in the form and extent in which they are provided by the Company at the time of the User's request. The Company may, at its sole discretion, terminate (temporarily or permanently, in all or certain territories, to the Users of all or certain categories or models of devices and (or) operating systems, software products) providing support for the Platform, the Website and/or the App, their parts, and (or) certain Services (or any individual functions within the Services) to all Users in general or 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 shall submit such claims directly to such other User 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, who is of legal age, may use the Platform through the Website and/or the App, provided that he/she accepts the terms of this User Agreement, subject to Section 9 of this User Agreement, and the Privacy Policy. In this case, downloading the App and/or using the Website by the User means the User's unconditional acceptance of the terms of this User Agreement and the Privacy Policy. 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 laws of the Republic of Kazakhstan. If the User uses the Platform on behalf of a legal entity or individual entrepreneur, the User represents and warrants that it has full authority to act on behalf of that legal entity or individual entrepreneur and that the legal entity or individual entrepreneur accepts the terms of this User Agreement.
3.2. The moment of entering into this User Agreement is considered to be the successful authorization (registration) of the User on the Platform through the Website and/or in the App, subject to the available functionality.
3.3. The App must be downloaded from the official app store (GooglePlay or AppStore). It is not permitted to use the App downloaded from other sources, as they may be broken in functionality and may contain malicious software.
3.4. When using the Platform, the User may be asked for permission from the Website and/or the App to access certain features. The user may deny access, but in this case, the functionality of the Website and/or the App may be limited.
3.5. In order to use the Platform Services on the Website and/or in the App, the User shall authorize using the Social Networking Credentials such as VKontakte, Odnoklassniki, Facebook, Google, Apple ID, Aitu pasport, indicates e-mail address and mobile number of subscriber device. The User completes the authorization process on the Platform by accepting the "By clicking Continue, I agree to the terms of the User Agreement and the Privacy Policy". A condition for granting access to the functionality of posting Content and/or Information on the Platform is to enter into an agreement by sending a short text message containing a one-time password to be entered on the Platform, in the manner prescribed by clause 5-1 of Article 36 of the Law of the Republic of Kazakhstan "On Informatization".
3.6. The User shall be entitled to edit and/or delete Credentials from the Platform. Credentials shall be deleted by sending a request to the Platform Support Team at support@aitube.kz.
3.7. The Company shall be entitled to block or delete the User's account at its own discretion if the User does not use the Platform via the Website and/or App (does not log in) within 12 calendar months after the last authorization, as well as in other cases stipulated by this User Agreement and/or the laws of the Republic of Kazakhstan.
3.8. 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/her Personal Data to third parties, as well as directly or indirectly allow third parties to use his/her Personal Data to use the Platform and/or App, except for persons acting on behalf of and in the interests of the User or who have received such Personal Data under relevant agreements with the User.
3.9. Any action undertaken using 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.
3.10. When posting the Content and/or Information on the Platform through the Website and in the App, the User name (nickname) specified by the User when registering and posting (uploading) the Content and/or Information shall be indicated. User name (nickname) must not contain profanity and expressions that may be considered offensive, as well as language and words that violate the rights and legitimate interests of third parties, including affect the rights to means of individualization of legal entities without their consent.
3.11. The Company shall grant the User the right to post information about him/herself: name on the website, brief information about the User and his/her Content posted (uploaded) on the Platform, a link to the User's official website, and images of the User. Such information is not an advertisement of the User or an advertisement of its goods and services and is posted solely to identify the User and to provide information about the User on the Platform.
3.12. By entering into this User Agreement, in order to allow the User to use the Platform, Website, App and/or Services, both now and in the future, as well as to develop and improve the functionality of the Platform, Website, App and/or Services, and for other purposes specified in the Privacy Policy, in the Company's rules and documents directly constituting an integral part of this User Agreement, the User shall give the Company unconditional consent to:
- collect and process (accumulate, store, modify, add, use, distribute, depersonalize, block and delete) the User's Personal Data, in any manner permitted by the laws of the Republic of Kazakhstan and from any sources, including those publicly available, 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 laws of the Republic of Kazakhstan;
- transfer, including cross-border transfer, Personal Data to affiliates of the Company and to 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; and the degree of protection of Personal Data in some countries may not coincide with the degree established in the Republic of Kazakhstan.
- other actions in relation to Personal Data that are not inconsistent with this User Agreement, the Privacy Policy posted on the Platform, and the laws of the Republic of Kazakhstan on the protection of personal data.
3.13. This consent to the collection and processing of Personal Data applies to any use of personal data by the Company, in the processing of applications of Users received on the phone technical support / Contact Center / e-mail address of the Company, including for the purposes of individual communication with the Users.
3.14. The User may request deletion of their data at any time by withdrawing their consent to the collection and processing of Personal Data by sending an email to: support@aitube.kz. In this case, the Services will be terminated from the date the Company receives such request and the User's personal data will be deleted. The User may request deletion of their account by using the functionality of the Platform in the Personal cabinet on the Site and in the App.
3.15. The user or his legal representative may not withdraw consent to the collection, processing of personal data in cases where it is contrary to the laws of the Republic of Kazakhstan, or in the presence of an unfulfilled obligation.
3.16. 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. TERMS OF POSTING CONTENT AND INFORMATION
4.1. No remuneration is due or payable to the User for the posted Content and/or Information, unless otherwise expressly stipulated in a separate agreement with the User.
4.2. When uploading any Content and/or Information, the User shall provide the Company with an irrevocable and territorially unrestricted license and/or permission for the Content and/or Information and give permission for its use by the Company, affiliates and Partners by any means, in any form and for any purpose, including to operate, promote, improve functions and enhance the Platform, Website, App and/or Services and to the extent permitted by the laws of the Republic of Kazakhstan. At the same time, any person may access any Content and/or Information at any time from any location of his/her choice (with or without the ability to save the Content and/or Information).
4.3. The User agrees that the Company may grant permission to third parties to use the Content and (or) Information to the extent determined by the Company, both on a reimbursable and non-reimbursable basis.
4.4. The Company shall be entitled to place advertising materials, videos, banners and advertisements, including those of third parties, on the pages of the Platform containing the User's Content and/or Information, as well as reproduce, together with the Content and/or Information, the Platform, modify and process the Content, and use the Content for other commercial purposes without remuneration to the User.
4.5. The Company shall be entitled, but not obliged, to provide the User with any reports and (or) information about the use of the Content and (or) Information posted by the User.
4.6. The User shall warrant that he or she has all necessary rights with respect to the Content and/or Information, including permitting their use in accordance with the terms of this User Agreement, and shall be fully liable for their posting and use. The User warrants that the posting of Content and/or Information on the Platform and their further use does not violate the intellectual property rights, property or personal non-property rights of third parties, including, but not limited to, copyright, related rights, patent rights, right to privacy, protection of honor, dignity and business reputation, right to a citizen's image and other rights.
4.7. If the Company is in doubt as to whether or not the User owns any Content and/or Information posted by him/her, or has reason to believe that the Content and/or Information violates any rights or legitimate interests of third parties, or if the content of the Content and/or Information contradicts the requirements of this User Agreement and/or the laws of the Republic of Kazakhstan, the Company may at its sole discretion remove the relevant Content and/or Information from the Platform. In the context of this clause, a rightholder is any person whom the Company, in its sole discretion, recognizes as a rightholder or its representative.
4.8. The Company shall not be obligated to notify the User of the actions specified in clause 4.7. of this User Agreement, including the removal of Content and (or) Information or the reasons for such actions. This clause shall not mean and cannot be interpreted as imposing on the Company the obligation to regularly moderate (control the content of) the Content and/or Information posted on the Platform. The Company also reserves the right to unilaterally remove Content and/or Information from the Platform that are not expressly prohibited by the terms of this User Agreement, but are deemed by the Company to be inconsistent with the Company's policies regarding Content and/or Information, or ambiguous, which could result in a risk that such Content and/or Information will be deemed inconsistent with the laws of the Republic of Kazakhstan.
4.9. The User may at any time partially or completely remove Content and/or Information posted (uploaded) directly to the Platform by him/herself.
4.10. The User shall independently control the information posted by other Users to the Content in the User Channel (comments), and shall be solely and fully responsible for violation of the terms of this User Agreement or the laws of the Republic of Kazakhstan by the said comments. If any person posts comments contradicting this User Agreement or the laws of the Republic of Kazakhstan, the User shall immediately notify the Company by sending a corresponding message to support@aitube.kz, indicating the link to the Content and (or) Information with which the comment was posted.
4.11. The User agrees that by posting Content and/or Information on the Platform, the User assumes full responsibility for the content of such Content and/or Information, undertakes to independently resolve all claims and demands of third parties related to violation of the laws of the Republic of Kazakhstan or rights and legitimate interests of third parties as a result of posting Content and/or Information on the Platform, and shall take all actions related to resolving the claims and/or demands mentioned in this clause. If a claim is received from third parties in connection with the Content and/or Information posted by the User, the Company shall be entitled to provide information about the User and the Content and/or Information posted without the User's consent.
4.12. The Company shall reserve the right not to post any Content and/or Information. Video and audio Content must be provided in formats supported by the Platform.
4.13. In order to improve the quality of services and to inform Users about new Services and features of the Platform, the Company shall be entitled to send information messages to the User to the email address specified during registration. Such messages will not contain advertisements of third parties and may be sent to the User no more than once in a seven (7) day period. The User can at any time change the frequency of receipt of these messages or completely refuse to receive them by clicking on the appropriate command in the information message: at the bottom of the received information message, click on the link "Unsubscribe" from the corresponding Internet page and set the desired order of receiving information messages or refuse to receive them in the future by selecting the appropriate item in the menu that opens. If after completion of the procedure of changing the frequency of receiving information messages or refusal to receive information messages the User continues to receive them with the same frequency, the User shall contact the administration by sending a message describing the problem from the e-mail address where the information message was received to the e-mail address of the administration support@aitube.kz. The above-mentioned term, periodicity and waiver stipulated in this clause shall not apply to the administration's service messages related to the User's actions on the Platform and/or in the App or Content and/or Information posted by the User, as well as the Company's responses to requests sent by the User.
5. MONETIZATION
5.1. The User, who is a resident of the Republic of Kazakhstan and is at least 18 years old, has the opportunity to earn points on the Platform for displaying promotional materials on the User's Content by publishing a public video on his/her Channel. The points accumulated by the User are displayed in the User's Personal Account.
5.2. The User shall be entitled to disable Monetization within the functionality of the User's Personal Account.
5.3. Users may apply for withdrawal of points in cash equivalent to the Payment Service Provider in accordance with this Section 5 of the User Agreement. The withdrawal of points is possible if there are at least two thousand points, according to the procedure established by this User Agreement.
5.4. The Company shall provide the User with a report on a monthly basis, which includes information about the number of ads shown on the User's Channel.
5.5. To receive remuneration, the User shall be identified through Aitu Passport and then submit an application to the Payment Services Provider by selecting the "Withdraw points" option in the Personal Account. Next, the User shall enter the number of points to be withdrawn and the cell phone number to which the electronic wallet in the system of the Payment Service Provider is linked. Payment services provider, having received the User's application, calculates remuneration at the ratio of 1 point = 1 tenge. Individual income tax in the amount of 10% of the withdrawn amount of remuneration is deducted from the amount specified by the User in the request, then the Supplier makes payment of remuneration to the User.
5.6. Payment of remuneration to the User in case he chooses the option to withdraw points through the Payment Service Provider in cash equivalent shall be made by the Payment Service Provider in accordance with the offer for Users, located on the website https://www.kassa24.kz. The User agrees that the Payment Service Provider is the tax agent of the User when paying the remuneration.
5.7. If the User does not have an electronic wallet in the system of the Payment Service Provider, in order to withdraw points in accordance with this Section 5 of the User Agreement, the User must register in the system of the Payment Service Provider at https://www.kassa24.kz/registration.
5.8. If the User has been marked in an artificial increase in the number of advertising views/clicks/comments, the Company has the right to take the following actions:
5.8.1. for the period during which the User was marked in an artificial increase in impressions/clicks, the User is not awarded points, and the points accumulated as a result of the violation are cancelled;
5.8.2. suspend Monetization for a period of thirty calendar days from the date of notification to the User of the detected violation;
5.8.3. in case of repeated violation, delete the User's account without the possibility of recovery.
5.9. The Company has the right not to award points to Users in case of violations of the conditions of this User Agreement, at the discretion of the Company.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The User shall be entitled to:
6.1.1. use all available Services on the Platform and in the App for the purposes and in the manner prescribed by the User Agreement and the laws of the Republic of Kazakhstan;
6.1.2. upload Content and/or Information, subject to the requirements of this User Agreement;
6.1.3. make an appeal to support@aitube.kz, if the User has complaints about the Content and/or Information of other Users, including inaccurate or illegal information, as well as in case of questions and (or) wishes related to the Platform;
6.1.4. use other rights stipulated by this User Agreement, Privacy Policy and other documents of the Company and its Partners, accepted by the User, as well as stipulated by the legislation of the Republic of Kazakhstan.
6.2. The User shall:
6.2.1. use the Platform, Website, App and/or Services solely for the purposes for which they are intended;
6.2.2. indemnify the Company, its affiliates, Partners, other Users and any third party for damages caused by unlawful actions of the User;
6.2.3. bear other obligations stipulated by this User Agreement, Privacy Policy and other documents adopted by the User, and the legislation of the Republic of Kazakhstan.
6.3. The Company shall be entitled to:
6.3.1. send information to the User using any other method about the operation of the Platform, the Website and the App, including posting informational and other messages within the Platform through the Website and the App;
6.3.2. edit or delete the Content and (or) Information if they do not comply with the terms of this User Agreement and/or the requirements of the laws of the Republic of Kazakhstan, harm the Company, affiliates of the Company, Partners and (or) third parties;
6.3.3. collect and use technical data and related information, including, but not limited to, technical data about external devices, as well as hardware and software of the User's device. This information is collected periodically in order to facilitate the provision of software updates, technical support and services (if any) related to Platform Services to the User;
6.3.4. collect, store and process statistical and other information about the User's use of the Platform and/or the App in order to improve and enhance the stability of the Platform, quality and completeness of the Services provided to the User;
6.3.5. mention, use the name of the Channel of the User and/or the User of the Platform as a client of the Company within the framework of this User Agreement in any marketing materials, as well as when promoting the Platform
6.3.6. enjoy other rights provided by this User Agreement, the Privacy Policy and other documents of the Company governing the Platform and provision of the Services, as well as the rights provided by the laws of the Republic of Kazakhstan.
6.4. The Company shall:
6.4.1. provide the User with access to the Platform through the Website and/or the App, in accordance with the terms of this User Agreement;
6.4.2. not disclose, not transfer information about the User to third parties, except as provided by this User Agreement, the Privacy Policy and the laws of the Republic of Kazakhstan;
6.4.3. bear other obligations stipulated by this User Agreement, the Privacy Policy and other documents of the Company regulating the operation of the Platform and provision of the Services, and the laws of the Republic of Kazakhstan.
6.5. The User acknowledges that the Platform, including the Website and the App, is an object of intellectual property owned by the Company. The Company provides the User with a non-exclusive, non-transferable, revocable license for such rights only to the extent that is reasonably necessary for the User's personal use of the Platform through the Website and/or the App 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 rightholders. The Platform, including the Website and the App, is software and is provided on an "as is" and "as available" basis, and the Company shall not be liable for any inability to access or use the Platform Services.
6.6. The User acknowledges the Company's right to use the User's Content and/or Information (or any part thereof) in marketing or advertising activities of the Platform on the Website and/or in the App in any country, both on and off the Internet, free of charge, as well as to make changes to it as objectively necessary for these purposes, and the User waives all claims against the Company or other persons acting on its behalf in connection with any past, present or future property, personal non-property rights and claims for damages.
6.7. The User acknowledges that he/she owns all intellectual property rights with respect to the User's Content and/or Information and any other material created by the User, including drawings, plans, sketches, design elements, images, animations, videos, audio files, fonts, logos, illustrations, artwork, code, interfaces, texts and literary works. At the same time, the User, when uploading its Content through the Platform and/or App, shall provide the Company with territorially unrestricted permission and/or a non-exclusive license to use the Content by the Company and the Partners in order to provide Services to users, operate, promote, improve the functionality and enhance the Platform subject to the laws of the Republic of Kazakhstan. The User acknowledges and agrees that in order to provide the User with services, the Company has the right to access the User Content and/or Information, 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.
7. RESTRICTIONS
7.1. The User is prohibited to:
7.1.1. post false Information and/or Content via the Platform;
7.1.2. carry out mass mailing of advertising, information and other materials to other users without their consent;
7.1.3. use, provide, transmit or display User's Content and/or Information 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, other rights and interests protected by law) or otherwise puts an individual or legal entity in an unfavorable light, in the absence of prior explicit consent on their part;
7.1.4. post and/or transmit via the Platform and/or App any restricted information (confidential information), if the User is not authorized to do so, as well as any knowingly false information;
7.1.5. use other software (in addition to the Platform) and/or hardware to use the functionality of the Platform including the Website and/or App, as well as the infrastructure (platform) on which it operates;
7.1.6. take actions, which may result in a disproportionate load on the infrastructure of the Platform and otherwise disrupt its prompt operation;
7.1.7. modify the Platform, including the Website and (or) the App, perform actions aimed at obtaining illegal access to information resources, information and communication infrastructure, information systems and databases of the Company and its affiliates and (or) Partners;
7.1.8. not to take actions of a fraudulent and/or unscrupulous nature aimed at obtaining points on the Platform as well as violating the conditions of this User Agreement;
7.1.9. use the information obtained on the Platform, the Website including, but not limited to: links in the User's Personal Account, screenshots from the Website, other elements of the Platform, the Website, for commercial purposes (including sale, lease and other actions aimed at obtaining property benefits from third parties). These restrictions are not exhaustive and may be changed and supplemented at the discretion of the Company.
7.1.10. post Content and/or Information containing computer codes designed to disrupt, destroy or limit the functionality of any computer, telecommunications equipment and/or programs, to implement unauthorized access, as well as serial numbers to commercial software products, logins, passwords and other means for obtaining unauthorized access to paid Internet resources;
7.1.11. post Content and/or Information promoting drugs;
7.1.12. post Content and (or) Information that can cause harm, contain threats, obscene language, rude and insulting expressions and suggestions that are contrary to generally accepted norms of ethics and morality, misuse personal information of third parties (including, but not limited to mentioning any names, addresses and phone numbers or any other personal contact information without the consent of the owner);
7.1.13. install 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.
7.1.14. provide false Personal Data during registration;
7.2. Any violation of the provisions of clause 7.1 of this User Agreement shall be deemed material and shall entitle the Company at any time and in its sole discretion to suspend or block the User's access to the Platform, including any of its functions, as well as the right to unilaterally withdraw from this User Agreement without recourse to the judicial authorities of Kazakhstan, with sending an appropriate notice of blocking to the blocked User when he attempts to authorize.
7.3. The Platform may contain links/buttons that allow the User to go to other Internet resources and (or) the content and information posted on them. Such links/buttons as well as the content of Internet resources and/or information placed on them are not checked by the Company for compliance with the terms of this User Agreement and laws of the Republic of Kazakhstan, and the Company is not responsible for any content and/or information placed on Internet resources of third parties, to which the User gains access during the use of the Platform.
7.4. The User may post and/or use links or information about third-party content on the Platform and/or in the App using the Platform's special services, if any. In order to improve the quality of the Services, the Company may cache (temporarily store) information about third-party content. The Company tries to reduce the caching time for such information, but caching for up to 7 business days is allowed.
8. RESPONSIBILITIES AND WARRANTIES
8.1. The User shall be liable for actions taken on the Platform in accordance with the laws of the Republic of Kazakhstan, including responsibility for the content of the posted Content and/or Information.
8.2. The User is responsible for the accuracy of the information provided to the Company during registration, including Personal Data.
8.3. The User is responsible for his/her user products and actions related to and obtained through the use of the Platform Services.
8.4. The User warrants that he/she has obtained all necessary consents and permissions required under the laws of the Republic of Kazakhstan to post, transmit and publish personal data and (or) images of individuals that are part of the Content and (or) Information, and the User will comply with all relevant legal requirements with respect thereto.
8.5. 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 Partners of third parties through the Platform Services or in connection with them; The User confirms that the Platform cannot 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/losses of any kind arising in connection with the specified interaction.
8.6. The User protects the Company (along with its affiliated persons, employees, directors and employees) from all claims, demands, obligations, compensations for damages, losses, costs and expenses, including attorney's fees, and also reimburses the Company (as well as its affiliated persons, employees, directors and employees) for any damage, losses, debts, expenses and expenses (including attorneys' fees, representation expenses) incurred or charges as a result of or in connection with: (1) violation by the User of the provisions of this User Agreement; (2) violation by the User of the rights of third parties, including copyrights, access rights, property rights or privacy rights; (3) other claims related to causing harm/losses to third parties by the User's Content and/or Information.
8.7. The Company shall not be liable for the Content and/or Information provided by the User, its use of trademarks, logos or any other intellectual property of third parties.
8.8. The Company shall not be liable for any loss of information by the User or for the misrepresentation or loss of messages or Content and/or Information or posted by the User through the Platform.
8.9. Under no circumstances shall the Company be deemed the "publisher" or "author" of the User's Content and/or the User's Information, in any way endorse the User's Content and/or Information, and assumes any liability with respect to the User's Content and/or the User's Information uploaded, posted, published and/or provided by any User or other person on the Website or through the Website Services, for its use by any third party, for its loss or removal or damage, or for any loss or damage, 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.
8.10. The Company shall not be liable for errors, slander, defamatory, or obscene information, provocations, and/or other illegal and/or copyright-infringing the User's Content and/or Information that the User or other persons may encounter.
8.11. 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.
8.12. The Company does not provide any guarantees in relation to the Services, in particular, the Company does not guarantee the User that: the Platform, including the Website, the App and/or the Services, will comply with the User's requirements and objectives; the Platform, including the Website, the App and/or the Services will be provided continuously, reliably, and without errors; the results to be obtained through the use of the Platform, including the Website, the App and/or the Services, will be accurate, reliable and in line with the User's expectations.
8.13. The User agrees that the Company shall not be liable for possible damages, including lost profits, caused to the User in connection with the limitation of availability of the Platform, regardless of the reason for the limitation, as well as in connection with full or partial irretrievable loss of Content, Information and (or) other materials of the User.
8.14. 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.
8.15. In all situations, the Company's liability under this User Agreement shall be limited to the amount of one monthly calculation index, but this limitation shall not apply in case of damage to the User's life, health or property.
9. FINAL PROVISIONS
9.1. This User Agreement is a contract of accession in accordance with the laws of the Republic of Kazakhstan. The terms of this User Agreement are established by the Company independently and are accepted by the User only by joining this User Agreement as a whole.
9.2. Actions of the User regarding the use of the Platform, Services, installation of the App on the mobile device and/or its use are an expression of agreement with this User Agreement, the Company's Privacy Policy, and all the conditions reflected in these documents.
9.3. This User Agreement enters into force on the date of the User's accession to this User Agreement in accordance with its terms and shall be valid for the duration of the services provided by the Company to the User, determined by the availability of the registered User Accounts. Deauthorization of the User on the Platform and/or removal of the App from the mobile device does not terminate this User Agreement. The User shall be entitled to cancel this User Agreement at any time, including in case of disagreement with amendments and additions, by sending a written notice to the Company at 1/4 R.Koshkarbayev Ave., Nur-Sultan, the Republic of Kazakhstan, or by e-mail to support@aitube.kz.
9.4. The Company shall be entitled to make changes and (or) additions to this User Agreement by posting the amended version of the User Agreement on the Company's website and (or) publishing it in the media. Such changes and additions shall be 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.
9.5. The Company shall be entitled 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.
9.6. Issues not regulated by this User Agreement shall be resolved in accordance with the laws of the Republic of Kazakhstan.
9.7. 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 legislation of the Republic of Kazakhstan.
9.8. This User Agreement is drawn up in the Russian and Kazakh language having equal legal force.