Public offer

1.1. This document is a public offer by АЗИЯ ТЕК ОсОО (ASIA TECH LLC), registered under the laws of the Kyrgyz Republic with registration number 329087-3301-ООО and registered address: 264/4 Manaschy Sagymbaya St., Bishkek, Kyrgyz Republic (the “Contractor”), to enter into a contract for the provision of information and analytical services on the terms set out below with any legally capable individual, sole proprietor or legal entity (the “Customer”).

1.2. Acceptance of this Offer consists of the Customer taking one or more of the following actions:

• placing an order on the Contractor’s website, platform or other electronic resource;
• registering an account;
• paying for the Services;
• beginning to use the functionality made available by the Contractor, or receiving the results of the Services.

1.3. From the moment the Offer is accepted, the contract between the Contractor and the Customer is deemed concluded.

1.4. By agreeing to and accepting the terms of this Offer, the Customer represents and warrants to the Contractor that:

• it has provided accurate identifying information when registering on the registration page, and accurate information when completing payment documents;
• the Customer enters into the contract voluntarily, and the Customer: (1) has fully reviewed the terms of the Offer, (2) fully understands the subject matter of the Offer, (3) fully understands the meaning and consequences of its actions in relation to concluding and performing the contract on these terms;
• the Customer (or its representative) holds all rights and authority necessary to conclude and perform the contract. If the Customer does not agree with any term of the Offer, the Contractor invites it to decline acceptance.

Service — the software and technology infrastructure and the set of digital tools used by the Contractor to provide the Services.

Services — services for the automated processing, systematisation and analysis of data supplied by the Customer and/or available to it, including the production of analytical indicators, statistical information, models, recommendations and other information and analytical results.

Order — the scope of Services selected or agreed by the Customer, together with their price, delivery period, access period and other commercial terms as stated on the relevant page of the Service, in the personal account, on an invoice, in an electronic message or in any other order confirmation.

3.1. The Contractor undertakes to provide the Customer with information and analytical services using specialised software and technology solutions, and the Customer undertakes to accept and pay for the Services in accordance with the terms of this Offer and the relevant Order.

3.2. In providing the Services, the Contractor may make available to the Customer:

• access to particular functionality of the Service;
• the results of automated data processing and analysis;
• statistical and analytical indicators;
• predictive models and informational recommendations;
• other results provided for by the relevant Order.

3.3. The specific scope of the Services, their delivery period, the available functionality, the number of users, the price and other commercial terms are determined by the relevant Order.

3.4. The Services and the results obtained through them are solely informational and analytical in nature. The Contractor does not guarantee that the Customer will achieve any particular commercial, financial or other outcome as a result of using the information received.

4.1. The price of the Services is determined by the Order terms selected by the Customer and may depend on the scope of the Services, their delivery period, the available functionality, the number of users and other parameters.

4.2. The price of the Services is stated on the checkout page, in the personal account, on the invoice, or is otherwise communicated to the Customer before payment.

4.3. Unless the relevant Order expressly provides otherwise, the Services are provided on the basis of 100% prepayment.

4.4. Payment may be made by bank card, bank transfer, through available payment services, or by any other method offered by the Contractor.

4.5. The Customer’s payment obligation is deemed performed once the payment is confirmed by the relevant payment system or the funds are received by the Contractor.

5.1. Following payment, the Customer is granted access to the relevant functionality of the Service and/or the ability to obtain the analytical results provided for by the Order.

5.2. The delivery period for the Services, or the access period, is determined by the relevant Order.

5.3. The Customer independently determines the purposes and methods of using the analytical information obtained under the Services and is responsible for the decisions it takes on the basis of that information.

5.4. The Contractor may carry out technical and preventive maintenance and may update and change the functionality of the Service, provided that such changes do not materially prevent the Customer from receiving the Services it has paid for.

6.1. The Contractor undertakes to provide the Services in accordance with this Offer and the parameters of the Order.

6.2. The Contractor may:

• use its own and licensed software, analytical and technology solutions;
• engage third parties to operate the Service and provide the Services;
• change and improve the functionality of the Service;
• temporarily restrict access if the Customer breaches the terms of this Offer or is late in paying.

6.3. The Customer undertakes to:

• pay for the Services on time;
• provide accurate information;
• use the Service and the results of the Services solely by lawful means;
• refrain from any action aimed at obtaining unauthorised access to the software, algorithms, source code, models or other technology components of the Service;
• refrain from copying, decompiling, modifying, reproducing or otherwise using the technology components of the Service beyond the functionality made available by the Contractor.

7.1. Exclusive and other rights to the software, algorithms, models, databases, interfaces and other technology components used in providing the Services belong to the Contractor and/or the respective rights holders.

7.2. Concluding the contract and paying for the Services do not transfer to the Customer any exclusive rights, licence or sublicence in respect of the software or other intellectual property.

7.3. The Customer is granted solely the ability to use the functionality of the Service and the results of the Services to the extent and for the period provided for by the relevant Order.

7.4. The Customer may not grant access to the Service to third parties, other than users expressly provided for by the relevant Order.

8.1. The parties are liable for breach of their obligations in accordance with the applicable law of the Kyrgyz Republic and this Offer.

8.2. The Contractor takes reasonable steps to ensure the Service operates correctly, but does not guarantee the absolute accuracy or completeness of the analytical results produced, or their suitability for the Customer’s particular purposes.

8.3. The Contractor is not liable for the decisions and actions taken by the Customer on the basis of the analytical information received, nor for losses arising from the Customer’s use of that information.

9.1. The Customer may withdraw from the Services by sending the Contractor a notice to that effect.

9.2. Whether a refund is available, and its amount, are determined taking into account the scope of the Services actually provided, the access period granted, the costs incurred by the Contractor and the requirements of applicable law.

9.3. Unless mandatory provisions of law require otherwise, the price of Services actually provided is non-refundable.

10.1. The parties undertake to maintain the confidentiality of information of a confidential nature received in connection with the performance of this contract.

10.2. The Contractor processes personal data in accordance with applicable law and the Privacy Policy published on the Contractor’s website.

10.3. The Customer confirms that it has lawful grounds to transfer to the Contractor the data it supplies for processing under the Services.

11.1. The contract takes effect upon acceptance of this Offer and remains in force until the parties have performed their obligations.

11.2. The Contractor may amend this Offer by publishing a new edition on its website or other electronic resource.

11.3. A specific paid Order is governed by the edition of the Offer in force at the time the Order was placed, unless the parties agree otherwise.

12.1. This Offer and the relationship between the Contractor and the Customer are governed by the law of the Kyrgyz Republic.

12.2. The parties take reasonable steps to settle disputes through negotiation and the exchange of written claims.

12.3. If settlement proves impossible, the dispute is referred to the competent court in accordance with the applicable law of the Kyrgyz Republic.