Public offer for paid services

1. Terms and definitions

1.1.Offeror — Товарищество с ограниченной ответственностью «Questify», BIN 260440027206, registered address: Республика Казахстан, г. Астана, район Есиль, проспект Мәңгілік Ел, дом 72, 010000; the full company details are provided in section 11 of this Offer.

1.2.User — a natural or legal person with the necessary legal capacity who has accepted this Offer in the manner of section 3.

1.3.“Questify” Service (hereinafter the “Service”) — a software-and-hardware system that supports the organization of the learning process and the creation of interactive lessons and games using artificial intelligence, available at questify.zone, as well as in the Questify mobile apps for iOS and Android.

1.4.Account — the User’s personal profile in the Service, access to which is protected by a login and password.

1.5.Plan — a service plan with a fixed price and a set of limits; a description of the current plan line-up is published on the questify.zone/pricing page and is an integral part of this Offer.

1.6.Subscription — the User’s right to use the Service within the selected Plan during the paid period.

1.7.Trial period — free access to the Service limited in duration and functionality, granted to the User upon registration without an obligation to pay.

1.8.AI generation — an operation that automatically creates learning content using artificial-intelligence technologies; counted against the limits set by the Plan.

2. Subject of the Offer

2.1.The Offeror undertakes to provide the User with access to the Service on the terms of the selected Plan, and the User undertakes to pay for the services in the established manner.

2.2.The Service is provided under the SaaS (Software as a Service) model: the User does not acquire a copy of the software but obtains the right to remote access to the Service’s features via the internet.

2.3.The list of features and limits of each Plan is posted on the questify.zone/pricing page and is an integral part of the Agreement. Plans are changed in the manner of section 9 of this Offer.

3. Acceptance of the Offer

3.1.Acceptance of this Offer is the User’s cumulative performance of the following actions:

a) creating an Account on the website questify.zone or ws.questify.zone providing accurate personal data;
b) ticking the box of consent to the terms of this Offer and the Refund Rules;
c) selecting a Plan and paying for it in the manner of section 4 of this Offer.

3.2.Registering an Account without payment grants the User access to the Trial period on the terms of the relevant Trial plan. The end of the Trial period does not trigger any automatic charge.

3.3.Acceptance of the Offer means full and unconditional acceptance of all of its terms in the current version. The version of the Offer accepted by the User upon acceptance is recorded in the Offeror’s system (see the Privacy Policy, the section on recording consents).

4. Cost of services and payment procedure

4.1.The cost of services is determined by the selected Plan and is shown on the questify.zone/pricing page in Kazakhstani tenge (KZT).

4.2.The Offeror applies the generally established tax regime and is not a VAT payer; the prices stated in the Plans are final.

4.3.Payment is made as a one-time payment by bank card through the secure payment gateway of Freedom Bank Kazakhstan JSC (the FreedomPay payment service) using 3-D Secure technology. A detailed description of the payment procedure is published on the questify.zone/payment-infopage.

4.4.The Offeror neither receives nor stores the User’s full bank card details (card number, expiry date, CVC) — they are processed by Freedom Bank Kazakhstan JSC, certified to the PCI DSS standard.

4.5.The Subscription is activated within a few minutes after the Offeror receives payment confirmation from the payment provider. The validity period of a monthly Subscription is 30 (thirty) calendar days from the moment of activation.

4.6.Automatic subscription renewal is not provided. Once the paid period expires, the User’s access to the Service’s paid features is suspended; the User’s data is retained and no new charge is made. The User independently decides whether to renew by paying again for the selected Plan.

4.7.An electronic fiscal receipt for the payment is sent to the email address provided by the User upon registration.

5. Rights and obligations of the parties

5.1. The Offeror undertakes to:

• maintain the Service’s operability with a target availability level of at least 99 (ninety-nine) percent during a calendar month, not counting scheduled maintenance time;
• notify the User of scheduled work affecting the Service’s availability no later than 24 (twenty-four) hours before it begins, via the personal account or by email;
• store user content throughout the validity period of the Subscription and in accordance with the periods specified in the Privacy Policy;
• process personal data in accordance with the Law of the Republic of Kazakhstan “On Personal Data and Its Protection” and the Privacy Policy.

5.2. The Offeror has the right to:

• suspend or terminate the User’s access to the Service in the event of a breach of the terms of this Offer or the legislation of the Republic of Kazakhstan;
• change the composition and terms of the Plans in the manner of section 9 of this Offer; changes do not apply to already paid periods;
• use depersonalized aggregated data on the use of the Service to improve the quality of services.

5.3. The User undertakes to:

• provide accurate information upon registration and keep it up to date;
• not share Account access credentials with third parties;
• not use the Service for purposes that violate the legislation of the Republic of Kazakhstan, including the distribution of unlawful content;
• comply with the terms of this Offer, the Privacy Policy, the Refund Rules and applicable law.

5.4. The User has the right to:

• use all features of the Service within the selected Plan;
• request deletion of the Account and the personal data associated with it at any time;
• terminate the Agreement unilaterally at any time; refunds are made in accordance with the Refund Rules.

6. Personal data

6.1.The Offeror is a personal-data operator within the meaning of the Law of the Republic of Kazakhstan “On Personal Data and Its Protection”.

6.2.The terms for collecting, storing, processing and transferring personal data and the list of processors (including Freedom Bank Kazakhstan JSC, OpenAI, Cloudflare and others) are described in the Privacy Policy and are an integral part of this Offer.

6.3.The User gives consent to the processing of personal data by a separate action upon acceptance of the Offer in accordance with section 3.

7. Refunds

7.1.The terms and procedure for refunds are described in the Refund Rules, published at questify.zone/refund, and are an integral part of this Offer within the meaning of article 30 of the Law of the Republic of Kazakhstan “On Consumer Rights Protection”.

7.2.A refund is made to the same bank card used for the payment, within no more than 10 (ten) business days from the moment the Offeror makes a positive decision on the refund request.

8. Liability of the parties and force majeure

8.1.For failure to perform or improper performance of obligations under this Offer, the parties bear liability in accordance with the legislation of the Republic of Kazakhstan.

8.2.The Offeror’s total liability to the User under this Offer is limited to the amount actually paid by the User for the last active Subscription.

8.3.The Offeror is not liable for the quality of the User’s internet connection, for the correct operation of the User’s devices and software, or for the actions of third parties that are not personal-data processors acting on the Offeror’s instructions.

8.4.The parties are released from liability for full or partial failure to perform obligations if it resulted from force-majeure circumstances: natural disasters, military actions, strikes, acts of state authorities, disruptions in public telecommunications and power-supply networks that arose after acceptance of the Offer.

9. Term and amendment of the Offer

9.1.This Offer takes effect from the date indicated at the beginning of the document as “Current version dated” and remains in force until it is cancelled or replaced by a new version.

9.2.The Offeror has the right to amend the Offer unilaterally. The current version is published at questify.zone/offer.

9.3.In the event of material changes, the User is asked to re-confirm consent at the next login to the Account. Until confirmation, access to paid features is restricted.

9.4.Amendments to the Offer do not apply to Subscriptions paid for before the date the changes take effect — such Subscriptions continue on the previously accepted terms until the end of the paid period.

10. Applicable law and dispute resolution

10.1.The law of the Republic of Kazakhstan applies to the relations of the parties under this Offer.

10.2.The parties shall endeavour to resolve all disputes and disagreements through negotiations. A pre-claim procedure is mandatory; the period for reviewing a claim is 30 (thirty) calendar days from the moment it is received.

10.3.If no agreement is reached, the dispute shall be heard in court at the Offeror’s location in the manner established by the legislation of the Republic of Kazakhstan.

11. Offeror details

Legal name:

Товарищество с ограниченной ответственностью «Questify»

BIN:

260440027206

Registered address:

Республика Казахстан, г. Астана, район Есиль, проспект Мәңгілік Ел, дом 72, 010000

Director:

Нәжмиден Аружан Ерланқызы, acting on the basis of the model charter

OKED:

62011 — Software development

IIC:

KZ48551C600001919032

Bank:

АО «Фридом Банк Казахстан», BIC KSNVKZKA

KBe:

17

Account currency:

KZT

Contacts:

help@questify.zone · WhatsApp +7 702 388 7336