PUBLIC OFFER for the Provision of Services

Almaty

1. GENERAL PROVISIONS

1.1. This document is a public offer (hereinafter referred to as the “Offer”) in accordance with Articles 395 and 397 of the Civil Code of the Republic of Kazakhstan and contains all essential terms of a paid services agreement for providing Users with access to the software of the Komek online platform (hereinafter referred to as the “Software”, the “Platform”).

The Offer is developed by the Limited Liability Partnership “OPEN GATE DIGITAL” (hereinafter referred to as the “Contractor”) and is addressed to an unlimited number of persons who have expressed their intention to use the Contractor’s services (hereinafter referred to as the “Customer”).

1.2. Acceptance of this Offer is carried out by the Customer through actions indicating acceptance of its terms, including payment for access to the Platform’s software.

From the moment the payment is credited to the Contractor’s settlement account or confirmation of successful payment processing, the Customer is deemed to have accepted the terms of this Offer in full and without any reservations, and the agreement is considered concluded.

1.3. Prior to acceptance, the Customer must carefully review the terms of this Offer. In case of disagreement with any of its provisions, the Customer must refrain from using the Platform and from taking actions aimed at accepting the Offer.

2. DEFINITIONS USED IN THE OFFER

“AI Agent” — a set of software modules, algorithms, and scenarios functioning on the Komek platform that use artificial intelligence technologies and automated data processing, intended to automate communications, process requests, generate responses, applications, analytical and other informational materials.

“Services” — the provision by the Contractor to the Customer of a non-exclusive, limited, paid right of access to the Komek Platform software on an “as is” basis for independent use of the Software’s functionality.

The Contractor does not provide services for individual customization, training, support, integration with external services, or management of the Customer’s AI agents, unless otherwise expressly agreed by the parties in writing.

“Account” — a set of Customer data used for identification and access to the Platform’s functionality.

“Credentials” — the login and password used by the Customer to access their Account.

“Access Fee” — monetary remuneration paid by the Customer to the Contractor for providing access to the Platform in accordance with the tariffs published on the Contractor’s website: https://komek.online/.

“Tokens” — an internal accounting and technical resource of the Komek Platform, owned by the Contractor and used to ensure the operation of AI agents, process requests, and perform computational operations.

3. SUBJECT OF THE OFFER

3.1. The Contractor undertakes to provide the Customer with paid access to the Komek Platform software for independent use of its functionality.

3.2. The terms of the Offer and all amendments thereto are published by the Contractor on the website https://komek.online/.

3.3. The Contractor has the right to unilaterally amend the terms of this Offer by publishing the changes on the website at least one calendar day before they come into force.

3.4. The validity period of the paid access is 30 (thirty) calendar days, unless otherwise specified in the tariff.

3.5. Exclusive proprietary rights to the Komek Platform software belong to the Contractor in full.

4. PROCEDURE FOR CONNECTING TO THE SERVICES AND RULES OF USE

4.1. To obtain access, the Customer registers on the website https://komek.online/ and provides the required data.

4.2. The Customer bears full responsibility for the security of their Credentials.

4.3. All actions performed using the Customer’s Account are deemed to have been performed by the Customer themselves.

4.4. The Customer independently and at their own expense provides access to the Internet.

4.5. The Platform operates using the Contractor’s own Tokens.

4.6. Access to the Software is provided on an “as is” basis.

4.7. It is prohibited to use the Platform for illegal purposes, spam, unauthorized access to third-party data, or distribution of malicious software.

4.8. Responsibility for the content and operation of AI agents created by the Customer rests entirely with the Customer.

5. PAYMENT AND REFUND PROCEDURE

5.1. Access is provided on the basis of 100% advance payment.

5.2. Payment is made in the currency of the Republic of Kazakhstan — tenge.

5.3. The Service is considered rendered from the moment access to the Platform is provided to the Customer.

5.4. Paid access is non-refundable.

5.5. Tokens are not subject to refund, exchange, or compensation.

6. LIABILITY OF THE PARTIES

6.1. The Contractor is not liable for lost profits, mismatch of the Software with the Customer’s expectations, or actions of third parties.

6.2. The Customer is solely responsible for compliance with the legislation of the Republic of Kazakhstan, including requirements in the field of personal data.

7. TERM AND DISPUTE RESOLUTION

7.1. This Offer comes into force from the moment of its acceptance by the Customer and remains valid until the Parties fully perform their obligations.

7.2. Disputes shall be resolved through negotiations, and if no agreement is reached, through judicial proceedings at the place of registration of the Contractor.

8. CONTRACTOR’S DETAILS

LLP “OPEN GATE DIGITAL”

Legal address: Kazakhstan, Almaty, Ryskulov Avenue, building 66, apt./office 1

BIN: 190740005302
Bank: JSC “Kaspi Bank”
BIC: CASPKZKA
KBe: 17
Account: KZ54722S000014882065