USER AGREEMENT
1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the “Agreement”) governs the relationship between the User and the Right Holder of the “Komek” Service (hereinafter referred to as the “Service”) arising in connection with the use of the Service.
1.2. The User is an individual or legal entity that uses the Service in accordance with the terms of this Agreement.
1.3. The Right Holder is the Limited Liability Partnership “OPEN GATE DIGITAL” that owns the rights to the “Komek” Service.
1.4. The “Komek” Service is a software and hardware complex that provides access to digital services, artificial intelligence tools, and related technologies.
2. ENTERING INTO 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 performing one of the following actions:
- 2.2.1. Registration in the Service;
- 2.2.2. Use of the Service’s functional capabilities;
- 2.2.3. Payment for the Service’s services.
2.3. From the moment the User accepts: the Agreement is deemed concluded; acceptance is received by the Right Holder; the Agreement is concluded electronically and does not require bilateral signing; the written form of the transaction is deemed complied with; the service is deemed provided from the moment access to the “Komek” Service is granted.
2.4. From the moment the Agreement is concluded, the User enters into contractual relations with the Right Holder in accordance with the legislation of the Republic of Kazakhstan. The Right Holder guarantees that it has the necessary rights to provide the Service.
2.5. The User bears full responsibility for the safety of their login and password and for losses arising from their unauthorized use.
2.6. In the event the User transfers the login and password to third parties, all actions performed using them are deemed to have been performed by the User.
2.7. The obligations of the Right Holder are limited to the terms of this Agreement. The User provides Internet access independently and at their own expense.
2.8. The terms of the Agreement may be amended by the Right Holder at any time by publishing a new version on the official website https://komek.online without separate notice to the User.
2.9. The current version of the Agreement is available at: /user-agreement/
2.10. The “Komek” Service is provided on an “as is” basis (“as is”).
3. USER RIGHTS AND OBLIGATIONS
3.1. The User undertakes to:
3.1.1. Use the Service exclusively for lawful purposes, in accordance with the legislation of the Republic of Kazakhstan.
3.1.2. Independently bear full responsibility for the content and legality of the information processed using the Service, as well as for the results of the AI tools.
3.1.3. Obtain all necessary consents from personal data subjects and comply with the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”.
3.1.4. Not perform actions aimed at obtaining unauthorized access to the Service.
3.1.5. Timely and in full pay for the Service’s services.
3.1.6. Ensure confidentiality of account credentials.
3.1.7. Not use the Service for spam, phishing, mass mailings without recipients’ consent.
3.1.8. Not post illegal content, including extremist materials and content infringing copyrights.
3.1.9. Not perform reverse engineering, decompilation, or bypass technical protection of the Service.
3.1.10. Not use the API and functionality of the Service to create competing products without the Right Holder’s written consent.
3.2. The User has the right to:
- 3.2.1. Use the Service within the selected tariff plan;
- 3.2.2. Receive technical support;
- 3.2.3. Stop using the Service.
4. RIGHTS AND OBLIGATIONS OF THE RIGHT HOLDER
4.1. The Right Holder undertakes to provide access to the Service within the scope of the Agreement and the selected tariff, except for technical breaks and force majeure circumstances.
4.2. The Right Holder may suspend access in case of violation of the Agreement; modify the Service’s functionality; use anonymized data for analytics and security; carry out cross-border data transfer if required for the Service’s operation.
5. CONFIDENTIALITY AND DATA PROTECTION
5.1. Personal data processing is carried out in accordance with the legislation of the Republic of Kazakhstan and the Privacy Policy.
5.2. The User is responsible for the legality of processing third parties’ personal data.
5.3. The Right Holder is not responsible for data loss due to the fault of the User or third parties.
6. LIABILITY OF THE PARTIES
6.1. The Service is provided on an “as is” basis without any warranties.
6.2. The Right Holder is not liable for losses arising from the use or inability to use the Service.
6.3. All risks of using the Service are borne by the User.
7. SETTLEMENT PROCEDURE AND REFUNDS
7.1. The cost of using the Service is determined by the tariffs published on the komek.online website.
7.2. Payment is made on a 100% prepayment basis.
7.3. A refund for the unused period is possible upon the User’s written request.
7.4. The refund is made within 10 business days.
8. TERM AND TERMINATION PROCEDURE
8.1. The Agreement enters into force from the moment the Service is first used and remains in effect until termination.
8.2. The Agreement may be terminated at the initiative of either Party.
9. DISPUTE RESOLUTION
9.1. Disputes are resolved through negotiations.
9.2. If no agreement is reached, the dispute is subject to consideration in court at the location of the Right Holder.
10. OTHER TERMS
10.1. Continued use of the Service after the Agreement is amended means the User’s acceptance of the new version.
11. DETAILS
LLP “OPEN GATE DIGITAL”
Address: Kazakhstan, Almaty, Ryskulov Avenue, building 66, apt./office 1
BIN: 190740005302
Bank: JSC “Kaspi Bank”
BIC: CASPKZKA
KBe: 17
IBAN: KZ54722S000014882065