1. TERMS AND DEFINITIONS

1.1. Copyright Holder (SERVICE) - SENDBOX LLP (BIN 250740032757), which owns the rights to use the Service in the Republic of Kazakhstan.

1.2. User Account -- a collection of User data used to identify the User and grant access to the Personal Account. The User is responsible for keeping their Personal Account data up-to-date.

1.3. Personal Account -- a secure part of the SERVICE created during User Registration, through which the SERVICE is used and the Parties interact.

1.4. User Account -- a section of the SERVICE accessible after the User has authorized (entered their login and password), within which the Parties exchange legally and technically significant information, including information related to the execution of this Agreement, and within which the User performs legally significant actions.

1.5. Balance -- a portion of the Personal Account reflecting the Parties' settlements under the Agreement, including the number of advance payments made and write-offs.

1.6. Client Database -- telephone numbers and other personal data obtained by the User in accordance with the current legislation of the Republic of Kazakhstan and uploaded by the User to the SERVICE (or transferred to the SERVICE via API from external systems) for subsequent use. The User's Clients -- individuals or legal entities potentially purchasing goods, work, or services from the User.

1.7. User -- an individual, legal entity, or sole proprietor who has access to the SERVICE to utilize the capabilities provided by the SERVICE's functionality.

1.8. Audio recording -- a sound file uploaded by the User to the SERVICE. The User uses it as an audio message during automated calls and messages via the SERVICE.

1.9. Text message -- a set of letters, numbers, and symbols uploaded by the User to the SERVICE. The User uses it as a message during automated notifications and messages via the SERVICE.

1.10. Blacklist -- a list of telephone numbers to which and on whose behalf, respectively, sending voice and text messages is prohibited.

1.11. Validation and Scoring -- the results of data processing obtained exclusively through automated processing (using artificial intelligence and machine learning algorithms) and representing an assessment of certain qualities of the User's data, in particular, behavioral prediction or classification according to specified parameters.

1.12. SERVICE -- a computer program that includes a collection of information contained in databases and the information technologies and technical means that support its processing.

1.13. SERVICE Tariff -- the fee for using the SERVICE, defined as the sum of the cost of the relevant telecom operators' services for sending a single message to the recipient and the cost of using the SERVICE. Tariff -- the payment system for the functionality of the Service, which is an integral part of the Agreement and is available at /en/

2. TERRITORY OF SERVICE USE

2.1. The territory of SERVICE use is the Republic of Kazakhstan.

3. SERVICE FUNCTIONALITY

3.1. THE SERVICE is a software package designed to automate communications and customer analytics.

The functionality of the Service includes:

3.1.1. Content creation and distribution: The User independently creates audio recordings and text messages for subsequent sending to Recipients (the User's Clients) via integrated communication channels.

3.1.2. Validation and Scoring: The SERVICE automatically processes feedback from Users' clients (including, but not limited to, conversation content) using proprietary algorithms.

3.1.3. Provision of Results: Based on the analysis results, the User is provided with structured results in the form of detailed analytical reports, as well as validation results and a scoring score.

3.2. The User understands and agrees that Validation and Scoring operate solely on the data provided by the User. The SERVICE is not responsible for the consequences of decisions made by the User based on Validation and Scoring.

4. USE OF THE SERVICE

4.1. The User has the right, using the SERVICE, to independently generate and send calls/messages to recipients who have given the appropriate permissions/consent to receive the relevant information in accordance with the Law of the Republic of Kazakhstan "On Advertising," the Law of the Republic of Kazakhstan "On Communications," and other applicable legislation. Directly making calls and messages is carried out by the relevant communications operator in the manner prescribed by the legislation of the Republic of Kazakhstan.

4.2. Using the SERVICE, the User has the right to perform automated processing of recipient data (validation and scoring) exclusively with respect to individuals who have provided the appropriate permissions/consent to the processing of personal data for the purposes of automated analysis and decision-making in accordance with the Law of the Republic of Kazakhstan "On Personal Data and Its Protection." The data is directly processed by the SERVICE using artificial intelligence algorithms in the manner prescribed by the legislation of the Republic of Kazakhstan.

4.3. The SERVICE operates via the Internet information and telecommunications network. The User independently obtains and pays for the right to use the SERVICE under the terms and conditions established by this User Agreement and according to the Tariffs posted on the SERVICE website.

4.4. Voice/text messages are generated and sent to the telecom operator for subsequent sending to recipients using the SERVICE. The actual sending of the voice/text message is carried out by the relevant telecom operator, in accordance with the legislation of the Republic of Kazakhstan. Data analysis and processing for Validation and Scoring purposes are performed automatically by the SERVICE. The SERVICE provides technical support without interfering with or analyzing the content of messages sent by the User, by assisting in sending voice/text messages to the relevant telecom operator. The SERVICE is not responsible for the quality and speed of voice/text message delivery, nor for the results of automated Validation and Scoring.

4.5. The moment the User's voice/text messages are sent is considered the moment they are transmitted to the telecom operator for subsequent delivery to the final recipients. The moment Validation and Scoring services are rendered is considered the moment the SERVICE's algorithms complete data processing and provide the results to the User. At the moment messages are sent to the relevant telecom operator through the SERVICE, as well as at the moment Validation and Scoring services are rendered, funds are debited from the User's virtual electronic account in proportion to the volume of voice/text messages sent and the volume of processed data, according to the Tariffs in effect at the time the relevant services are rendered.

4.6. The User independently determines the desired volume of voice/text messages to be sent, as well as the volume of data to be processed for Validation and Scoring purposes.

4.7. The User undertakes to create backup copies of information uploaded to the SERVICE on their own storage media as frequently as necessary to fully prevent the negative consequences of any failures or accidents. Given the above, the SERVICE bears no responsibility for the security of information entered into the SERVICE, including the initial data for Validation and Scoring and the resulting data.

5. LEGALITY OF USE

5.1. The SERVICE may only be used for purposes that comply with the laws of the Republic of Kazakhstan. By agreeing to this offer, the User undertakes not to commit any actions that violate the laws of the Republic of Kazakhstan. Any use of the SERVICE by the User in violation of the laws of the Republic of Kazakhstan is contrary to this Offer and does not correspond to the intentions of the parties. In accordance with the civil legislation of the Republic of Kazakhstan, the good faith of the parties to civil legal relations and the reasonableness of their actions are presumed.

5.2. When using the SERVICE, the User is solely obliged to ensure that all consents and permissions required by the laws of the Republic of Kazakhstan are obtained before performing any actions for which the relevant consents/permissions are necessary.

5.2.1. The User guarantees that they have the proper legal basis for processing the personal data of Clients for the purposes of Validation and Scoring in accordance with the Law of the Republic of Kazakhstan "On Personal Data and Its Protection."

5.2.2. The User undertakes to ensure that Clients are duly informed of the processing of their data using automated means, including Validation and Scoring, the rationale behind such processing, and any potential legal consequences, as well as to provide them with the opportunity to challenge decisions made solely based on the automated processing of their personal data.

5.2.3. The User acknowledges and agrees that the SERVICE does not listen to or view the content of audio recordings/text messages sent by the User through the SERVICE, except in cases stipulated by the legislation of the Republic of Kazakhstan, including for the purpose of complying with the requirements of authorized government agencies. The User acknowledges and agrees that they must independently assess all risks associated with sending messages, including the risk of violating the current legislation of the Republic of Kazakhstan and independently incurring adverse consequences as a result of such a violation.

5.2.4. The User is solely responsible to third parties for their actions related to the use of the SERVICE, including ensuring that the content of messages sent complies with applicable laws if such actions violate the rights and legitimate interests of third parties. The User is also responsible for compliance with laws when using the SERVICE, as well as for the accuracy of information and the legality of the telephone numbers from which the User makes calls/messages to recipients.

6. RESTRICTIONS ON USE

6.1. The User is prohibited from performing the following actions when using the SERVICE:

Sending advertisements, spam, unsolicited calls and messages, informational voice messages and other actions that lead or may lead to disruptions in the operation of the SERVICE, as well as disseminating information that is contrary to current legislation, if it is false and (or) offensive, demonstrates/promotes violence and cruelty, information that violates intellectual property rights, promotes discrimination on racial, ethnic, sexual, religious, social grounds, if the information contains elements or promotes pornography, child erotica, it is prohibited to distribute advertising for services of a sexual nature, distribute information on the manufacture, use or other use of narcotic substances, explosives or weapons in accordance with the Code of the Republic of Kazakhstan "On Public Health and the Healthcare System";

Disseminate information that violates the rights of third parties or causes them harm in any way, including actions (calls/messages) that involve the unauthorized use of telephone numbers, as well as providing recipients with false information about the source of the information;

It is also prohibited to make short calls intended to induce the recipient to return the call to a designated number.

7. BLOCKING AND TERMINATION OF THE AGREEMENT

7.1. If the User's actions violate the laws of the Republic of Kazakhstan, the SERVICE reserves the right to unilaterally terminate the Agreement, as well as the right to block the User's personal account in the event of a violation of the Agreement and/or the requirements of the laws of the Republic of Kazakhstan, without refunding the funds in the User's electronic virtual account.

8. USER WARRANTIES

8.1. The User guarantees the availability of Subscribers' and recipients' consents, obtained in accordance with the Law of the Republic of Kazakhstan "On Advertising" and the Law of the Republic of Kazakhstan "On Communications." In the event of claims by the Agency of the Republic of Kazakhstan for the Protection and Development of Competition (APDC) and other regulatory agencies related to calls or messages sent through the SERVICE, brought due to the lack of Subscribers' consent to receive calls or messages, or otherwise, the User is recognized as the direct distributor of the calls/messages and is solely liable in accordance with the legislation of the Republic of Kazakhstan.

9. DATA STORAGE

9.1. The SERVICE stores the entire history of the User's calls/messages made within the Client Database (number, date, time, result). Therefore, if a Client of the User makes a claim, the SERVICE can always verify, in accordance with the Law of the Republic of Kazakhstan "On Advertising," whether an automated call or text message was made (which User made it, the correct time of day, etc.).

10. RESTRICTIONS ON USER RIGHTS

10.1. The User has no right to:

modify the SERVICE, including altering, decompiling, disassembling, decrypting, or performing any other actions with the software code, or attempt to circumvent technical limitations of the software;

use the SERVICE in a manner not expressly provided for in the offer, or outside the scope of the Agreement, or in a manner that violates the current legislation of the Republic of Kazakhstan;

transfer access to the SERVICE to third parties, for a fee or free of charge. The User agrees to use the SERVICE "as is," without any requirements to modify the SERVICE.

11. INDEMNIFICATION

11.1. If the SERVICE is held liable for a violation of the laws of the Republic of Kazakhstan, as reflected in the User's actions (including, but not limited to, a fine, the obligation to compensate for damages/losses, etc.), the User undertakes to reimburse the amount necessary to cover the relevant liability, as well as any losses/damages, etc., within 5 (five) banking days from the date the SERVICE files the corresponding claim.

12. PENALTIES

12.1. In the event of failure to fulfill the User's obligation, the User shall pay the SERVICE a fine of 100,000 (one hundred thousand) tenge for each such violation.

13. USER LIABILITY

13.1. The User bears full responsibility for any negative consequences caused by incompatibility or conflicts between the SERVICE and other software products installed on the User's computer or other device.

13.2. The User warrants that they are aware of the purpose, functionality, capabilities, and limits of the SERVICE, and assumes full responsibility for any failure of the SERVICE to meet their needs and/or expectations, should such failure be discovered during use of the SERVICE.

14. LIMITATION OF THE SERVICE'S LIABILITY

14.1. The SERVICE assumes no liability for any damages, should they arise, related to the failure of the SERVICE to meet the User's needs and/or expectations, or to the use of the SERVICE for other purposes and/or inconsistently with its purpose, functionality, capabilities, and limits of application.

14.2. The User acknowledges that the final decision based on the Validation and Scoring results is made independently and is solely responsible for it.

14.3. In the event of any claims against the Copyright Holder in connection with Validation and Scoring, the User undertakes to compensate for all losses in full.

14.4. The User undertakes to independently review and implement Client requests regarding their rights, including the right not to be the subject of a decision based solely on automated processing, in accordance with the Law of the Republic of Kazakhstan "On Personal Data and its Protection."

15. ACCOUNT DELETION

15.1. The User has the right to request deletion of their account (personal account) by sending a corresponding request to the Service 30 (thirty) calendar days prior to the deletion date. The User is warned that funds deposited by the User are non-refundable. Following the use of the SERVICE, the User is obligated to independently delete all personal data of message recipients used by the User to send voice messages.

16. LIMITATION OF LIABILITY

16.1. The SERVICE shall not be liable for:

malfunctions, errors, and malfunctions of the software and/or hardware that ensure the operation of the send-box.com website, or for the User's inability to access the SERVICE, arising for reasons beyond the control of the Copyright Holder, as well as related losses to the User and/or any third party;

direct or indirect consequences of any use or inability to use the SERVICE and/or damage caused to the User and/or third parties as a result of any use, non-use, or inability to use the SERVICE or its individual components and/or functions, including due to possible errors or malfunctions in the SERVICE;

any types of damages incurred as a result of the User's use of the SERVICE;

the content of messages sent to the recipient, and the SERVICE shall not be liable for the recipient numbers used by the User to whom calls are made or messages are sent;

the User's failure to achieve the goals of sending messages to recipients;

The User's actions during the unauthorized use of telephone numbers, as well as providing recipients with false information about the source of the relevant information;

The unavailability of the SERVICE during repairs and maintenance, as well as for the actions of the telecom operator that result in the inability of the SERVICE to operate under this Agreement. The Copyright Holder reserves the right to carry out maintenance work by temporarily suspending the website's operation, if possible, at night, and minimizing the time of SERVICE downtime, notifying the User via the email address specified in the User's personal account.

17. CLAIMS PROCEDURE

17.1. Questions and complaints regarding the use or inability to use the SERVICE may be submitted by the User using the complaint form located on send-box.com. The response period is 30 (thirty) calendar days from the date of its receipt by the Sublicensor.

18. USER WARRANTIES

18.1. The User represents and warrants that:

the information provided by the User during Registration is accurate, complete, and up-to-date;

the personal data of individuals (Client Database) entered by the User into the SERVICE was obtained by the User in accordance with the legislation of the Republic of Kazakhstan, including, where necessary, using consent confirmation and data verification mechanisms stipulated by law;

by making the first payment, the User, if an individual entrepreneur or legal entity, confirms that the Agreement has been accepted by a duly authorized person and that the Agreement does not require prior approval.

19. WARRANTIES OF THE PARTIES

19.1. Each Party represents and warrants that it has all rights and authority necessary to enter into and execute this Agreement and does not violate any rights of third parties, including exclusive intellectual property rights.

19.2. The Copyright Holder guarantees the veracity and accuracy of the information regarding the name of the SERVICE, its authors, and other information provided to the User under this Agreement.

19.3. The SERVICE is obligated to refrain from any actions that could hinder the User's exercise of the right to use the SERVICE granted to it.

19.4. The User guarantees the conscientious fulfillment of the obligations imposed on it in accordance with the terms of this Agreement, in the manner stipulated by the Agreement, and within the established deadlines.

19.5. The User undertakes not to use the SERVICE in ways not expressly provided for in this Agreement, or otherwise outside the rights granted to the User in accordance with the terms of this offer.

20. INFORMATION ABOUT COOPERATION

20.1. If the User accepts this Offer, the SERVICE reserves the right to publish information about cooperation with the User on its online resources. If the User objects to the publication of this information, the Service must be notified in writing by email in free form.

21. TIME RANGE OF OPERATION

21.1. The SERVICE is automatically configured to make calls and send messages to its client base (subscribers) 7 (seven) days a week from 9:00 AM to 8:00 PM (Almaty time). In accordance with the User's needs, specific to the specific field of activity, or differences in time zones, the User must additionally coordinate the time range setting with the SERVICE. The SERVICE reserves the right to change the time range at the User's request.

22. CONFIDENTIALITY

22.1. The Parties to this Agreement undertake to maintain confidential all technical, production, and commercial data (whether presented orally, visually, or in writing) communicated to them or otherwise becoming known to them.

22.2. Confidential information includes, but is not limited to, information regarding the algorithms and operating procedures of the SERVICE, its interfaces, and its components.

22.3. All rights to confidential information belong to the Party that originally transferred it. Upon termination of this Agreement, all confidential information contained on any media must be returned upon request of the Party that transferred it or destroyed.

22.4. The Parties undertake to limit the disclosure of confidential information to those representatives of the Parties (employees, consultants) who objectively require access to this information for the purpose of fulfilling their obligations under this Agreement, and subject to the obligation to maintain the confidentiality of the information received. The Parties have the right to transfer confidential information to third parties to the extent necessary for the performance of this Agreement, while remaining responsible for the actions of such third parties as they would be for their own.

22.5. The Parties undertake to ensure that confidential information is handled with the same degree of care and diligence with which the receiving Party handles its own confidential information, but in no case less than the level of reasonable care.

22.6. In cases not expressly provided for by the legislation of the Republic of Kazakhstan and this Agreement, confidential information may be transferred to third parties only with the prior written consent of the Parties. In the event of disclosure of confidential information at the lawful request of government authorities, the Party disclosing the confidential information of the other Party undertakes to promptly notify the other Party thereof.

23. REGISTRATION AND PERSONAL ACCOUNT

23.1. The User must complete the registration process on the send-box.com website, which will create a personal account for the User, including a login and password (hereinafter referred to as "identification data").

23.2. To register, the User undertakes to provide accurate and complete information about themselves in the sections provided on the registration form and to keep this information up to date.

23.3. The SERVICE reserves the right at any time to request confirmation of the information provided during registration and to request supporting documents. Failure to provide such documents may be deemed by the SERVICE as the provision of false information. In such cases, if the information provided during registration does not allow the User to be identified or is inaccurate, the SERVICE reserves the right to deny the User access to their personal account and use of the send-box.com website, and may block their personal account. Funds transferred by the User to the Service from the moment they begin using the SERVICE, including funds deposited into the User's virtual electronic account, are non-refundable.

23.4. When registering on the send-box.com website, the User independently selects a username and password to access their personal account. The SERVICE reserves the right to prohibit the use of certain usernames and set requirements for the username and password (length, allowed characters, etc.).

23.5. The User is solely responsible for the security (resistance to guessing) of the means of access to their personal account chosen by them, and ensures their confidentiality. The User is solely responsible for all actions (and their consequences) within or with the use of the send-box.com website under the User's account, including cases of the User's voluntary transfer of account access data to third parties under any conditions (including under contracts or agreements). All actions within or with the use of the send-box.com website under the User's account are considered to have been performed by the User, except in cases where the User has notified the SERVICE of unauthorized access to the send-box.com website using the User's account and/or any violation (suspected violation) of the confidentiality of their account access means.

23.6. The User is obligated to immediately notify the SERVICE of any unauthorized access to their personal account using their login and password and/or any breach (suspected breach) of the confidentiality of their access to their personal account. For security purposes, the User is obligated to securely log out of their account (using the "Log Out" button) at the end of each session with the SERVICE. The SERVICE is not responsible for any loss or corruption of data, or any other consequences of any kind, that may arise due to the User's violation of the provisions of this part of the Agreement.

24. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

24.1. Rights and Responsibilities of the SERVICE:

24.1.1. The SERVICE undertakes to provide the User with access to the SERVICE within 24 (twenty-four) hours of receipt of funds in the SERVICE's bank account. The SERVICE reserves the right to suspend access to the SERVICE during maintenance work, as well as in the event of a failure to receive funds in the SERVICE's bank account.

24.1.2. The SERVICE reserves the right to conduct maintenance work at any time without notice to the User, resulting in the suspension of the SERVICE, including on business days.

24.1.3. The SERVICE reserves the right to unilaterally amend the terms of this Offer at any time without prior notice to the User. The new version of the Offer shall take effect from the moment it is posted on the send-box.com website, unless otherwise provided in the new version of the Offer.

24.1.4. The SERVICE reserves the right to send informational messages, including advertising content, to the email address specified by the User during registration.

24.1.5. The SERVICE reserves the right to send the User informational messages regarding the functioning of the SERVICE, including information regarding the User's balance status, balance replenishments, debits, attempted debits when the balance is zero, new services, etc.

24.1.6. The SERVICE reserves the right to send the User informational messages regarding the functioning of the SERVICE, including information regarding the User's balance status, balance replenishments, debits, attempted debits when the balance is zero, new services, etc.

24.2. User Rights and Obligations:

24.2.1. The User undertakes to use the SERVICE in accordance with the terms of this Offer.

24.2.2. The User undertakes to ensure, at their own expense, the technical capability to use the SERVICE, including internet access.

24.2.3. The User undertakes to refrain from any actions that may be considered as violating Kazakhstani or international law, including intellectual property, copyright, and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the SERVICE.

24.2.4. The User undertakes not to disclose their identification data used to access the SERVICE to third parties and to ensure the confidentiality of their storage and use. All actions performed using the User's identification data are considered to be performed by the User. In the event of unauthorized access to the User's identification data, the User is obligated to immediately notify the SERVICE.

24.2.5. The User undertakes not to use the SERVICE to distribute advertising information, except with the consent of the SERVICE.

24.2.6. The User undertakes not to use the SERVICE to:

send unauthorized advertising and/or spam, flood, or phishing;

upload content that is illegal, violates any rights of third parties, promotes violence, cruelty, hatred, and/or discrimination based on race, nationality, gender, religion, or social status; contains false information and/or insults against specific individuals, organizations, or government agencies;

incitement to commit illegal acts, or assist persons whose actions are aimed at violating restrictions and prohibitions in force in the Republic of Kazakhstan;

violate the rights of minors;

infringe on the privacy rights of individuals;

Violation of the rules governing the use of the SERVICE.

24.2.7. The User undertakes not to use software or perform any actions aimed at disrupting the functioning of the SERVICE or its components, nor to perform any actions aimed at circumventing the restrictions established by the SERVICE.

25. PAYMENT PROCEDURE

25.1. The fee for using the SERVICE is determined in accordance with the Tariffs posted on the send-box.com website.

25.2. All payments under this Agreement are made in tenge.

25.3. Payment shall be made by the User in the form of a 100% prepayment. The User transfers funds to the SERVICE's bank account specified in Section 27 of this Offer.

25.4. If the User's balance is insufficient, access to the SERVICE is suspended until funds are received.

25.5. The SERVICE reserves the right to unilaterally change the Tariffs by notifying the User by posting information on the send-box.com website at least five (5) calendar days prior to the changes taking effect.

25.6. Funds transferred by the User to the SERVICE are non-refundable.

26. TERM OF AGREEMENT

26.1. This Agreement shall enter into force upon the User's acceptance of this Offer and shall remain in effect until terminated.

26.2. The User has the right to refuse to use the SERVICE and terminate the Agreement at any time by notifying the SERVICE at least 10 (ten) calendar days prior to the termination date.

26.3. The SERVICE has the right to unilaterally and extrajudicially terminate this Agreement if the User breaches the terms of this Offer, by notifying the User via the email address specified during registration.

26.4. If the Agreement is terminated by the User, any funds in the User's balance are non-refundable.

26.5. If the Agreement is terminated by the SERVICE due to the User's breach of the terms of this Offer, any funds in the User's balance are non-refundable.

27. SERVICE DETAILS

SENDBOX Limited Liability Partnership (SENDBOX LLP)
BIN 250740032757
Legal address: Republic of Kazakhstan, 050000, Almaty, Auezov District, Samal-2 Microdistrict, Building 111, Apt. 49
Bank details: Bank CenterCredit JSC
BIC: KCJBKZKX
Bank account: KZ5396508F0011954274
Contact phone number: +7(727)312-36-11
Email: box@send-box.com