USER AGREEMENT

1. GENERAL PROVISIONS

  • 1.1. This User Agreement (hereinafter referred to as the 'Agreement') governs the relations between the User and the Rightholder of the 'MoonAI' Service (hereinafter referred to as the 'Service') arising in connection with the use of the Service.
  • 1.2. A User is an individual or legal entity that uses the Service in accordance with the terms of this Agreement.
  • 1.3. The Rightholder is the company that owns the rights to the 'MoonAI' Service.
  • 1.4. The 'MoonAI' Service is a software and hardware complex that provides access to artificial intelligence and related technologies.

2. CONCLUSION OF THE AGREEMENT

  • 2.1. This Agreement is a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan.
  • 2.2. Acceptance of this offer is the User's performance of one of the following actions:
  • 2.2.1. Registration in the Service;
  • 2.2.2. Use of the Service's functional features;
  • 2.2.3. Payment for the Service's services.
  • 2.3. From the moment the User performs acceptance:
  • 2.3.1. The Agreement is considered concluded;
  • 2.3.2. Acceptance by the Rightholder is received;
  • 2.3.3. The Agreement is concluded, does not require bilateral signing and is valid in electronic form;
  • 2.3.4. the written form of the transaction is complied with.
  • 2.3.5. the service is considered rendered by the Rightholder to the User from the moment access to the 'MoonAI' Service is opened;
  • 2.4. From the moment the Agreement is concluded, the User enters into a contractual relationship with the Rightholder in accordance with the Civil Code of the Republic of Kazakhstan. The Licensor guarantees that it possesses all necessary rights to the Service to provide it to the User.
  • 2.5. The User bears full responsibility for the security of their login and password for accessing the Service and for losses that may arise due to unauthorized use of their login, password and/or access channel. The Licensor is not liable and does not compensate for any losses that arise due to unauthorized access by third parties to information posted by the User.
  • 2.6. If the User transfers to third parties the login and password allowing access to the personal account of the 'MoonAI' Service, all actions requiring the use of the login and password are deemed to have been performed by the User. The User bears full responsibility for the actions of third parties to whom the Licensee has transferred the login and password.
  • 2.7. The Rightholder's obligations are limited to the terms of this Agreement; in particular, the Rightholder's obligations do not include providing the User with internet access services. The User provides internet access at their own expense independently. Also, the Rightholder does not provide the ability for the User to send and receive electronic messages at the User's office; setup and/or diagnostics of computer equipment and software, nor training the User and/or the User's employees in skills for working with software and hardware.
  • 2.8. Connection to the 'MoonAI' Service is carried out on the terms defined by this Agreement. The terms of the Agreement (including any part thereof) may be changed by the Rightholder at any time at its sole discretion, by publishing a new version of the Agreement on the Rightholder's official website on the Internet https://mooonai.com without separate notice to the User. The User agrees that such publication of a new version of the Agreement Terms is sufficient and is considered a proper form of notifying the User of changes to the Agreement Terms by the Rightholder.
  • 2.9. The current version of the Agreement is always freely available on the Rightholder's website at /docs/user-agreement
  • 2.10. Access to the 'MoonAI' Service is provided to the User in accordance with the 'as is' principle generally accepted in international practice, i.e., issues arising during the use, support and operation of the Service (including issues of compatibility with other software products, packages, drivers, etc., which arise due to ambiguous interpretation of accompanying documentation, inconsistency of the Service's use results with the User's expectations, etc.) are not the subject of the Agreement, and the Rightholder is not responsible for them.

3. RIGHTS AND OBLIGATIONS OF THE USER

  • 3.1. The User undertakes to:
  • 3.1.1. Use the Service solely for lawful purposes, in accordance with the legislation of the Republic of Kazakhstan, without violating the rights and legitimate interests of the Rightholder, third parties, as well as the norms of current legislation, including but not limited to legislation in the field of personal data protection and intellectual property.
  • 3.1.2. Independently bear full responsibility for the content, legality and accuracy of information, data and materials uploaded, transmitted or processed using the Service, as well as for the results of the work of created and used AI agents, including actions performed by such agents.
  • 3.1.4. Ensure obtaining all necessary consents from third parties who are subjects of personal data, whose data is processed by the User in the Rightholder's Service, and also comply with the provisions of the Law of the Republic of Kazakhstan 'On Personal Data and Their Protection' and other applicable regulatory legal acts. The User independently bears responsibility for the legality of processing personal data of third parties obtained independently by the User and entered by them into the Rightholder's Service, as well as for the consequences of their unlawful use.
  • 3.1.5. Not to perform actions aimed at obtaining unauthorized access to the Service, its functionality or data of other users, not to interfere with the operation of the Service, not to distribute malicious software and not to use the Service in ways that could cause its failures or disrupt its functioning.
  • 3.1.6. Timely and in full pay for the Service's services in accordance with the selected tariff plan and conditions established by the Rightholder.
  • 3.1.7. Ensure the confidentiality of their account data (login, password and other authentication data), not transfer it to third parties, prevent unauthorized access and independently bear responsibility for all actions performed in the Service under their account.
  • 3.1.8. Not to use the Service for mass messaging (including but not limited to: email, messengers, auto-dialing and other communication channels) without prior obtaining explicit consent from recipients, and also not to distribute advertising, other information and/or content that is spam, phishing, malicious or prohibited by the legislation of the Republic of Kazakhstan.
  • 3.1.9. Not to post or transmit illegal content, including but not limited to: materials containing scenes of violence, abuse, exploitation of minors, etc.; extremist, terrorist materials; materials promoting discrimination, violence, inciting hatred, violating the rights and freedoms of citizens; materials violating copyright and related rights, trademark rights, confidential information and other rights of the Rightholder and/or third parties.
  • 3.1.10. Not to perform reverse engineering, decompilation, modification, circumvention of the technical protection of the Service, its functionality or access restrictions in relation to the Rightholder's Service.
  • 3.1.11. Not to use the API of the 'MoonAI' Service, components of the Service or access to it for the purpose of developing, promoting and/or supporting competing SaaS solutions without the prior written consent of the Rightholder.
  • 3.1.12. The User agrees that the Rightholder is not liable and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages related to activities carried out by the User using the Rightholder's Service.
  • 3.1.13. The User agrees that the Service is owned and operated by the Rightholder. Use of the Service's functional features is permitted only after the User has completed registration and authorization in accordance with the procedure established by the Rightholder. The content of the Service may not be copied, published, reproduced, transmitted or distributed in any way, nor posted on the global Internet without the prior written consent of the Rightholder. The content of the Service is protected by copyright, trademark law, as well as other intellectual property rights and unfair competition law.
  • 3.2. The User has the right to:
  • 3.2.1. Use the functional features of the Service to the extent and on the terms corresponding to the selected tariff plan in effect at the time of using the Service.
  • 3.2.2. Receive technical and informational support in the manner and to the extent established by this Agreement, the terms of the tariff plan and/or a separate agreement between the Parties.
  • 3.2.3. Refuse to use the Service in accordance with the terms of this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE RIGHTHOLDER:

  • 4.1. The Rightholder undertakes to:
  • 4.1.1. Provide the User with access to the 'MoonAI' Service within the limits of the terms of this Agreement and in accordance with the scope provided for by the selected tariff plan, provided that the User duly fulfills their obligations, including payment obligations.
  • 4.1.2. Take reasonable and justified measures to ensure the uninterrupted operation of the Service, except in cases of:
  • - carrying out scheduled and unscheduled technical, preventive or other works;
  • - technical failures and malfunctions not caused by the Rightholder's fault;
  • - failures caused by actions or inaction of the User and/or third parties;
  • - force majeure events as understood by the current legislation of the Republic of Kazakhstan.
  • 4.1.3. Carry out the processing and protection of the User's personal data placed in the Service, within its competence, in accordance with the requirements of the legislation of the Republic of Kazakhstan on personal data and the Privacy Policy, while the Rightholder is not responsible for the legality of obtaining and processing such data by the User.
  • 4.1.4. In the event of cross-border transfer of the User's personal data, the Rightholder undertakes to take all necessary measures to ensure adequate protection of such data, including by selecting counterparties and/or data storage servers located in jurisdictions that provide a sufficient level of personal data protection, according to the requirements of the legislation of the Republic of Kazakhstan. The User agrees and confirms that they are aware of the need for such cross-border transfer and give their consent thereto, and also assume responsibility for the legality and validity of placing personal data in the Service. The Rightholder is not liable for consequences arising from the User's violation of personal data legislation and/or unlawful transfer of third-party data by them.
  • 4.2. The Rightholder has the right to:
  • 4.2.1. Temporarily or completely suspend the User's access to the Service in case of the User's violation of the terms of this Agreement, late payment, as well as at the request of authorized state bodies, including in connection with the need to comply with the requirements of legislation on personal data, information protection, cross-border control and/or the legislation of other jurisdictions in which the Service is provided;
  • 4.2.2. Modernize, update, change, limit or terminate the functioning of individual modules, functions, interfaces and components of the Service without prior notice to the User, and the Rightholder is not liable for possible consequences of such changes, including but not limited to, violation of compatibility with the User's software or other automation tools used by them;
  • 4.2.3. Use anonymized data, aggregated information and statistics related to the use of the Service for the purposes of analytics, optimization, marketing, development of new features and ensuring the security of the Service, while such data is not considered personal and is not subject to deletion at the User's request;
  • 4.2.4. Refuse to provide, renew or continue providing access to the Service to the User;
  • 4.2.5. Establish technical, organizational and other restrictions on the use of the Service, including limits on the volume of stored information, the number of requests or users, other parameters, in order to ensure stable and secure operation of the Service;
  • 4.2.6. Carry out cross-border transfer of personal data and other information placed by the User in the Service, if such transfer is necessary for the functioning, support, storage, backup or processing of data using technical means and infrastructure located outside the territory of the Republic of Kazakhstan. By accepting this Agreement, the User expresses their consent to such cross-border transfer. The Rightholder is not liable for any consequences caused by the User's violation of personal data legislation, including but not limited to, placing or transferring personal data of third parties to the Service without their proper consent;

5. CONFIDENTIALITY AND DATA PROTECTION

  • 5.1. The Rightholder undertakes to maintain confidentiality with respect to the User's personal data and data processed by the Service, in accordance with the Law of the Republic of Kazakhstan 'On Personal Data and Their Protection' and the Platform's Privacy Policy.
  • 5.2. The User acknowledges and agrees that data processed by AI agents may include personal data of third parties. The User bears full responsibility for obtaining necessary consents from such third parties for the collection, processing and use of their data, as well as for complying with all requirements of the RK legislation on personal data protection.
  • 5.3. The Rightholder is not liable for unauthorized access to the User's data if such access became possible due to the User's fault or as a result of actions of third parties beyond the Rightholder's control.

6. LIABILITY OF THE PARTIES

  • 6.1. The Service is provided on an 'as is' basis. The Rightholder provides no warranties, express or implied, including but not limited to warranties of fitness for a particular purpose, uninterruptedness, error-free operation, or conformity to the User's expectations.
  • 6.2. The Rightholder is not liable to the User and/or third parties for any harm (including direct, indirect, incidental, punitive, actual damages, lost profits, data loss, reputational damage, moral harm) caused as a result of:
  • – use or inability to use the Service;
  • – technical failures, errors, interruptions, bugs, disabling of functions or data deletion;
  • – loss of access to the Personal Account due to disclosure, loss or unauthorized use of login and password caused by the User's fault;
  • – actions or inactions of third parties, including but not limited to contractors, hosting providers, communication operators, cloud service providers;
  • – decisions or actions of AI agents created, trained or used by the User using the Service.
  • 6.3. The Rightholder is not liable for any losses of the User caused by the User's violation of the provisions of this Agreement, including in cases where such violation was committed through negligence or due to misunderstanding of the terms.
  • 6.4. The Rightholder is not liable for:
  • 6.4.1. delays or malfunctions in the operation of the Service caused by force majeure circumstances, technical problems in communication systems, power supply, the Internet, the User's equipment or other external systems;
  • 6.4.2. actions or inactions of banks, payment systems, financial intermediaries and the consequences of delays caused by their operation;
  • 6.4.3. inability to use the Service for reasons related to the User's lack of necessary technical or software means, Internet access or other necessary support;
  • 6.4.4. the content and nature of information posted by the User in the Service, including personal data of third parties, without obtaining appropriate consents, as well as the consequences of such processing.
  • 6.5. All risks associated with the use, interpretation and results of using the Service lie entirely with the User. The User independently bears responsibility for:
  • – the accuracy, legality and relevance of the posted information;
  • – compliance with legislation, including norms on personal data protection, trade secrets, intellectual property, etc.;
  • – any claims from third parties caused by the User's actions while working with the Service.
  • 6.6. The User undertakes to independently monitor changes in this Agreement. The fact of continued use of the Service after changes to the terms means the User's consent to such changes.

7. PAYMENT PROCEDURE AND REFUNDS

  • 7.1. The cost of using the Service is determined according to the Tariff selected by the User published on the Service's page /pricing.
  • 7.2. Payment for access to the Service is made by the User on the terms of 100 (one hundred)% prepayment for the usage period of 30 (thirty) calendar days, in the manner provided for by this Agreement. The start of service provision is considered the date of crediting funds to the Rightholder's settlement account.
  • 7.3. In case of non-receipt of payment for the next billing period (after the expiration of the previously paid period), access to the Service is automatically blocked until full payment of the new billing period. For the period during which the Service was unavailable due to non-payment, services are not provided and are not charged.
  • 7.4. All commissions, fees and expenses associated with making payments (including commissions of banks, payment systems and communication operators) are borne by the User. These expenses are not subject to reimbursement by the Rightholder.
  • 7.5. Refund of funds paid by the User is made for the unused part of the paid period upon a written request from the User. The refund is made in proportion to the remaining term of access to the Service. The calculation of the amount to be refunded is made based on the number of full remaining calendar days of the paid period from the date of receipt of the refund request, minus the cost of services actually rendered.
  • 7.6. The refund is made within 10 (ten) working days from the date of receipt of the User's request and confirmation by the Rightholder of the refund amount.
  • 7.7. If the User has violated the terms of this Agreement, no refund is made, regardless of the remaining period. Also, a refund is not made if the User applies for a refund after the end of the paid period.

8. TERM AND TERMINATION PROCEDURE

  • 8.1. This Agreement enters into force from the moment the User starts using the Service and is valid until its termination.
  • 8.2. This Agreement may be terminated:
  • 8.2.1. At the initiative of the User by ceasing to use the Service and deleting the account.
  • 8.2.2. At the initiative of the Rightholder unilaterally in case of the User's violation of the terms of this Agreement.
  • 8.2.3. By agreement of the Parties.

9. DISPUTE RESOLUTION

  • 9.1. All disputes and disagreements arising from or in connection with this Agreement, the Parties will strive to resolve through negotiations.
  • 9.2. If it is impossible to reach an agreement, disputes are subject to consideration in court at the location of the Platform in accordance with the legislation of the Republic of Kazakhstan.

10. MISCELLANEOUS

  • 10.1. The Rightholder reserves the right to both change this Agreement and introduce a new one. Such changes come into force from the moment they are posted on the Service at /user-agreement/. The User's use of the Service after the change of the Agreement automatically means their acceptance.
  • 10.2. This Agreement enters into force upon the User's consent and is valid between the User and the Rightholder throughout the entire period of the User's use of the Service.

11. DETAILS

MOONAI TECH LLP

  • Legal address:
    Almaty, st. Masanchi 98B, 100
  • Bank details:
    BIN: 250640027102
    IIC: KZ60722S000046756254
    Bank: JSC 'Kaspi Bank'
    BIC: CASPKZKA, KBe: 17
  • Tel. +7 705 899 99 19
  • e-mail: support@mooonai.com