APPROVED
By order of the Director of Digitonix LLP dated April 22, 2025.
PUBLIC AGREEMENT
This Public Agreement for paid services related to the use of the Envidicy software on the Internet is a public offer under the Civil Code of the Republic of Kazakhstan and defines the general terms for services provided by Digitonix LLP to individual entrepreneurs, legal entities and individuals who join this Agreement.
1. TERMS AND DEFINITIONS
1.1. Contractor websites mean the websites located at https://envidicy.kz/app and https://envidicy.kz, which provide access to the Envidicy software and related services.
1.2. Envidicy software means the computer program operated by the Contractor and available to the Client through the website, allowing the Client to manage advertising service accounts and use other functions provided under this Agreement and the User Agreement.
1.3. Client means a person who has joined this Agreement and for whom an account has been created in the Envidicy service.
1.4. Client account means the registration and authorization information required to access the Envidicy service, including login, password and other required information.
1.5. Dashboard means the closed software area where the Client manages settings, edits the account, accesses statistics, orders services and performs other actions required to use the software functions.
1.6. Client balance means records reflecting financial settlements between the Client and the Contractor for services provided through the software. The balance increases by funds transferred by the Client and credited by the Contractor as prepayment, and decreases by the cost of used services and fees.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to provide the Client with services for using the Envidicy software located at https://envidicy.kz/app, and the Client undertakes to accept and pay for the services and use the software under this Agreement and the laws of Kazakhstan.
2.2. The Contractor provides access to the software, which allows the Client to use the Dashboard around the clock when an Internet connection is available.
2.3. The software is used interactively online by connecting to the website through the Internet. The Contractor owns the required rights to the software and its elements.
2.4. The Contractor uses commercially reasonable efforts to ensure round-the-clock operation of the software, but does not guarantee uninterrupted operation or full availability of every software element.
2.5. The agreement, service descriptions, terms and prices are publicly available at https://envidicy.kz and form an integral part of this Agreement.
3. AGREEMENT CONCLUSION PROCEDURE
3.1. This Agreement is a public agreement under which the Contractor undertakes to provide services to an indefinite circle of clients who request such services.
3.2. Publication of this Agreement on the Contractor website constitutes a public offer addressed to an indefinite circle of persons.
3.3. The Agreement is concluded by the Client joining the proposed Agreement and accepting all its terms without exceptions or reservations.
3.4. Payment by the Client for ordered services is deemed acceptance of this Agreement.
3.5. To join the Agreement, the Client completes a registration form on the Contractor website and provides all required identifying information.
3.6. Based on the submitted request, an electronic invoice for services is generated.
3.7. The Contractor may change service prices and Agreement terms unilaterally by publishing updated terms on the website no later than one calendar day before they take effect.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Client must register an account, use the software according to its purpose and functionality, provide accurate and complete personal and payment data, keep account credentials confidential, comply with the documents published by the Contractor and not interfere with software operation.
4.2. The Client is responsible for advertising materials, campaign settings, compliance with advertising platform policies and legality of information uploaded or used through the service.
4.3. The Contractor must provide access to the software, credit funds to the Client balance after receipt, provide support within available channels and keep records of services and payments.
4.4. The Contractor may suspend access, reject operations, request documents, limit services or terminate access if the Client violates this Agreement, platform policies, law or security requirements.
5. SERVICE TERMS AND PROCEDURE
5.1. Services are provided through the Envidicy software and related communication channels.
5.2. The Client independently determines the scope of requested services and is responsible for providing the information required for service performance.
5.3. Advertising account top-ups, access, documents and related operations are performed according to the platform rules, available payment methods and internal procedures of the Contractor.
5.4. The Contractor may involve third parties when required to perform the Agreement, while remaining responsible for proper organization of service delivery within the terms of this Agreement.
6. PAYMENT PROCEDURE
6.1. Services are provided on a prepaid basis unless otherwise agreed by the parties.
6.2. Top-ups and settlements may be calculated using the internal exchange rate of the service on the operation date. For English pricing on the website, local-currency amounts are shown in US dollars using the working rate of 500 to 1 and rounded to convenient figures.
6.3. The Client pays invoices issued by the Contractor. Funds are credited to the Client balance after actual receipt by the Contractor.
6.4. Fees, commissions, minimum top-up amounts and other financial terms are shown on the website, in the Dashboard or in the invoice.
6.5. Closing documents are generated based on the Client details specified in the Dashboard. The Client must check details before payment.
7. LIABILITY OF THE PARTIES
7.1. The parties are liable for non-performance or improper performance of obligations under this Agreement in accordance with its terms and the laws of Kazakhstan.
7.2. The Contractor is not liable for interruptions caused by third-party platforms, Internet providers, payment providers, force majeure, technical maintenance or Client actions.
7.3. The Client is liable for the accuracy of provided data, legality of advertising materials, compliance with platform rules and protection of account credentials.
7.4. Lost profits, indirect losses and consequences of advertising platform restrictions are not compensated unless mandatory law requires otherwise.
8. INTELLECTUAL PROPERTY, CONFIDENTIALITY AND PERSONAL DATA
8.1. The software, website materials, interfaces, documentation and non-public information are intellectual property of the Contractor or third parties that granted the relevant rights.
8.2. The Client may not copy, reproduce, distribute, modify, reverse engineer or create derivative works from the software or other intellectual property without written permission.
8.3. Confidential information includes technical, commercial, legal, financial and other non-public information disclosed by one party to the other.
8.4. Confidential information may be transferred to third parties only with written permission or where required to perform the Agreement under confidentiality obligations.
8.5. By joining this Agreement, the Client consents to the collection and processing of personal data for service delivery, support, notifications, analytics, debt collection and other lawful purposes.
8.6. The Client confirms that it has all required rights and consents to transfer personal data of its employees or other data subjects to the Contractor.
9. ANTI-CORRUPTION CLAUSE AND WARRANTIES
9.1. The parties warrant that conclusion and performance of this Agreement are not connected with unlawful actions and are not aimed at violating anti-corruption, anti-money laundering, counter-terrorism financing or sanctions laws.
9.2. The parties warrant that they have all required permissions, approvals, licenses and rights to conclude and perform this Agreement.
9.3. The parties confirm that they are not under forced liquidation or reorganization and are not subject to proceedings that could materially affect performance of their obligations.
10. TERM AND EXTENSION
10.1. This Agreement takes effect from the moment it is concluded under section 3. The Agreement remains valid for 12 calendar months, and for settlements until the parties fully perform their obligations.
10.2. If neither party notifies the other party of termination at least 10 calendar days before expiry, the Agreement is automatically extended for an indefinite period. Either party may then withdraw from the Agreement by giving written notice 10 calendar days before termination.
10.3. The Agreement may be terminated by agreement of the parties or on other grounds provided by the laws of Kazakhstan and this Agreement.
10.4. Amendments and additions may be made unilaterally by the Contractor and take effect according to section 3.7.
11. FINAL PROVISIONS
11.1. Matters not regulated by this Agreement are governed by the laws of the Republic of Kazakhstan.
11.2. The place of conclusion of the Agreement is the Contractor location.
11.3. The parties must notify each other of changes in details, address, legal status, representatives and other circumstances significant for performance within 5 calendar days.
11.4. Disputes are resolved through negotiations. If negotiations fail, disputes may be submitted to court at the Contractor registration location with mandatory claim procedure. The claim review period is 15 calendar days from receipt.
11.5. If there is a discrepancy between language versions, the version specified as prevailing in the original agreement applies.
12. ADDRESSES AND DETAILS
12.1. The parties agree that the details specified by the Client when submitting a service request, including details in payment documents, are deemed the Client details.
12.2. Contractor email: info@envidicy.kz.