These General Terms of Service (hereinafter – the "General Terms") define the conditions and procedure for the provision of services by Zaman AI Group Limited Liability Partnership, acting on the basis of its Charter (hereinafter – the "Contractor"), and the user, hereinafter – the "Customer".
These General Terms are available for review on the website of the Contractor at: https://tobiapp.com/en/publicoffer and constitute a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan.
Pursuant to Paragraph 2 of Article 397 of the Civil Code of the Republic of Kazakhstan, upon accepting the terms set forth below, the person performing the acceptance of this offer acquires the status of a Customer/User.
Please read the text of this offer carefully. If any provisions appear unacceptable to you, the Contractor recommends refraining from using the Platform's services.
Hereinafter, the Contractor and the Customer are referred to separately as a "Party", and collectively as the "Parties".
All content of the Platform and the Mobile Application – including but not limited to materials, content components, source code, design elements – constitutes results of intellectual activity, the exclusive rights to which belong entirely to the Contractor or are used by the Contractor under a license agreement between the Contractor and the rightsholder.
The exclusive rights to such intellectual property do not transfer to the Customer as a result of using the Platform or accepting these General Terms. The Customer is prohibited from using any such intellectual property unless the right to use it has been expressly granted by the rightsholder or the Contractor.
Administrator – Administrator – a person who performs administrative functions, oversees the operation of the Platform and resolves organizational issues related to the Platform.
Acceptance – Acceptance (Offer Acceptance) – full and unconditional consent to enter into a contract or accept a payment offer. Acceptance becomes effective when the offeror receives confirmation. Silence does not constitute acceptance unless otherwise follows from the Parties' prior dealings.
TemporaryAccess – Temporary Access – provision of access to a system, account, or resource for a limited period of time.
AiAgent – AI Agent – a software system that uses artificial intelligence to perform tasks, make decisions, and take actions to achieve specific objectives.
IntellectualProperty – Intellectual Property – results of creative and scientific work such as inventions, works of art, computer programs, trademarks, and other protected objects.
ExclusiveRights – Exclusive Rights – the right to exclusively use and dispose of results of intellectual activity and means of individualization.
CommunicationChannel – Communication Channel – a physical medium or technical system used to transmit data between sender and recipient.
PersonalAccount – Personal Account – a password-protected section of the Platform or Mobile Application where the User manages personal data, accesses personalized functions, order history, payments, settings, and support.
MobileApplication – Mobile Application – software designed for mobile devices such as smartphones and tablets.
WebsiteUnavailability – Website Unavailability – a situation where a web resource cannot be accessed by the user due to technical issues, attacks, maintenance, or other disruptions.
Platform – Platform – an online environment or software providing infrastructure and tools for creating and using AI Agents.
User – User – any individual or representative of a legal entity interacting with the Platform (including any products of the Contractor) in any form: viewing materials, registering, using functionality, submitting data, purchasing or not purchasing services, or performing any actions directed at using the Platform.
Rightsholder – Rightsholder – a natural or legal person holding exclusive rights to an intellectual property object (e.g., author, successor, trademark owner).
Website – Website – a set of logically connected web pages and data grouped under a single domain name or Internet address.
TechnicalSupport – Technical Support – support services assisting users in resolving issues with products or services, including troubleshooting, consultations, and maintenance.
Service – Service – an activity meeting the Customer's needs, with its result not having a material form and being consumed during its provision.
Email – Email – technology for sending and receiving electronic messages via a computer network.
CrmSystem – CRM System – software used for managing customer relations, automating sales, marketing, and service processes.
The Contractor provides the Customer with temporary access to the Contractor's Platform, and the Customer undertakes to pay for such services within the terms and deadlines established in these General Terms.
3.1. The cost of services is determined by the Price List (Annex No. 1 to these General Terms).
3.2. Pricing information is available on the website: https://tobiapp.com/en/price
3.3. Services are provided only after receiving 100% prepayment.
4.1. The Contractor has the right to:
4.1.1. Modify the Platform, release new versions at any time, including adding new features and functionality or removing existing settings and features.
4.1.2. Mention the Customer's name and use the Customer's logo for marketing purposes, unless the Customer has provided a written prohibition. All names and/or logos used before such prohibition remains valid and are not subject to removal, destruction, or withdrawal from circulation.
4.1.3. Conduct maintenance, technical, and emergency work on the Platform.
4.1.4. Apply necessary measures and tools to ensure the information security of the Platform.
4.1.5. Block access to the Platform if the Customer fails to fulfill or delays payment obligations and/or violates these General Terms.
4.1.6. Consider the continued use of the Platform after publication of amendments as the Customer's acceptance of the updated version of the General Terms.
4.2. The Customer has the right to:
4.2.1. Use all Platform services, except during periods of maintenance, technical, and emergency work.
4.2.2. Submit proposals for improving the Platform.
5.1. The Contractor undertakes to:
5.1.1. Provide timely access to the Platform in accordance with these General Terms.
5.1.2. Ensure the confidentiality of the Customer's data in accordance with the legislation of the Republic of Kazakhstan on personal data.
5.1.3. Provide Technical Support for the Platform in accordance with these General Terms.
5.1.4. Perform round-the-clock monitoring of the Platform's availability and performance.
5.1.5. Ensure technical capability for accessing the Platform using mobile devices.
5.2. The Customer undertakes to:
5.2.1. Make timely payments for the services.
5.2.2. Ensure technical capability to use the Platform, including:
5.2.2.1. Internet access;
5.2.2.2. Availability of software on Customer's device allowing access to the Platform.
5.2.3. Comply with and not violate the copyright and intellectual property rights of the Rightsholder.
6. PROHIBITED ACTIONS FOR THE CUSTOMER/USER:
6.1. Studying the technology behind the Platform, copying the Platform's configuration, or copying its graphic interface.
6.2. Conducting performance testing, penetration testing, or any security-related tests of the Platform (including via third parties) without written consent from the Rightsholder.
6.3. Performing actions that threaten the Platform's information security.
6.4. Attempting to bypass technical restrictions installed within the Platform, attempting to access the Platform's source code, or attempting to edit or study the source code.
6.5. Copying or reproducing the Platform or its elements, storing them on physical media, transmitting the Platform or Accounts to third parties.
7.1. The Parties bear liability for non-performance or improper performance of obligations under these General Terms in accordance with the legislation of the Republic of Kazakhstan.
7.2. The Contractor is liable:
7.2.1. For delays in service provision caused by the Contractor. The Customer may demand a penalty of 0.1% of the cost of delayed services for each day of delay, but not more than 10% of the total cost of such services. Penalties are paid based on a justified written demand from the Customer.
7.2.2. If the Contractor is unable to provide services for a given billing month due to its own fault. Upon written request from the Customer, the Contractor must refund a portion of the service fee proportional to the period during which services were not provided.
7.3. The Contractor is not liable for:
7.3.1. Inability to provide access to the Platform due to circumstances beyond the Contractor's control, including but not limited to:
7.3.1.1. Technical issues, malfunctions, or failures in the Customer's Internet, equipment, or software.
7.3.1.2. Failures in email services, including delivery errors, delays, or automatic filtering (such as emails landing in "Spam").
7.3.2. Any direct, actual, incidental, indirect, or consequential losses, including lost profits or lost data, resulting from use or inability to use the Platform.
7.3.3. Violation of the General Terms caused by the Customer's provision of inaccurate, incomplete, or outdated information, including contact details, or failure to update such information.
7.3.4. Any information, materials, or recommendations provided within the Platform do not constitute guarantees of achieving any results, including financial outcomes. Achieving results depends solely on the Customer's actions, competencies, discipline, personal qualities, and timely application of provided materials.
7.4. The Customer/User is liable for:
7.4.1. Violations of the Contractor's exclusive rights.
7.4.2. Damages caused to the Contractor arising from violations of the Rightsholder's copyrights. For infringement of copyright or violation of terms, the Customer/User must pay the Rightsholder a fixed penalty of 20,000,000 (twenty million) tenge out of court. The Contractor may seek enforcement of this clause through the courts.
7.5. Payment of penalties does not release the Parties from fulfilling their obligations and/or eliminating violations under these General Terms.
8.1. The Customer/User enters into these General Terms voluntarily and confirms that:
8.1.1. They have read the General Terms in full.
8.1.2. They understand the meaning and legal consequences of their actions related to entering into and performing these General Terms.
8.1.3. They possess the necessary rights and authority to enter into and perform these General Terms.
8.1.4. They provide the Contractor with consent to the processing of their personal data specified at the time of acceptance, in accordance with the Privacy Policy published on the Platform and the Law of the Republic of Kazakhstan "On Personal Data and Their Protection" dated 21 May 2013.
8.1.5. They agree to receive informational and promotional materials from the Contractor using the contact details provided (email, phone number).
8.2. The Customer/User may withdraw such consent at any time by sending a corresponding notice to the Contractor.
8.3. Inquiries related to Platform access may be submitted to the Contractor via the email address specified on the Platform.
8.4. For all matters not regulated by these General Terms, the Parties shall be governed by the legislation of the Republic of Kazakhstan.
8.5. All disputes, disagreements, or claims arising in connection with these General Terms shall be resolved through negotiations between the Parties.
8.6. Claims submitted by the Parties shall be reviewed and responded to within 10 (ten) business days from the date of receipt.
8.7. If the Parties fail to reach agreement through negotiations, the dispute shall be referred to the court at the Contractor's place of registration.
9.1. The validity period of purchased Services is specified in the Price List (Annex No. 1).
9.2. Unused Service volumes are not carried over to the next billing period and are not subject to compensation.
9.3. If the Customer exhausts the purchased Services before the end of the period, the Customer may purchase an additional Service Package during the current month.
9.4. These General Terms enter into force upon the Customer's acceptance and remain effective until both Parties fully fulfill their obligations.
9.5. Access to the Platform is provided for the term of the paid Services or additional Service Package.
9.6. The General Terms may be terminated:
9.6.1. By mutual agreement of the Parties;
9.6.2. Unilaterally, upon written request by either Party, on grounds provided in these General Terms and in accordance with the legislation of the Republic of Kazakhstan.
9.7. The initiating Party must notify the other Party in writing (including via email) at least 3 (three) business days in advance.
9.8. The Contractor may terminate the General Terms unilaterally and suspend access to the Platform if:
9.8.1. the Customer fails to pay or delays payment for Services or additional Packages;
9.8.2. the Customer/User violates the rules of conduct on the Platform or related resources of the Contractor;
9.8.3. the Customer/User violates the Contractor's exclusive rights to Platform materials or content;
9.8.4. the Customer/User violates provisions of these General Terms or information published on the Platform.
9.9. Upon termination, the Customer/User's access to the Platform is disabled.
9.10. Paid but unused services are non-refundable, unless otherwise directly provided for by the legislation of the Republic of Kazakhstan or by a separate agreement between the Parties.
9.11. Termination of the General Terms does not release the Parties from fulfilling obligations that arose prior to termination.
ANNEX No. 1. PRICE LIST
ANNEX No. 2. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (NDA)
"Zaman AI Group"
Republic of Kazakhstan, Astana, Kabanbay Batyr Ave., 48, office 38
BIN: 250540035040
IIС: KZ20914012203KZ00J92
JSC "Bereke Bank"
BIC: BRKEKZKA
BC: 17
+7 706 406 8303
e-mail: support@tobiapp.com
Sergaliyeva Z.M.
| Tariff Name | Tariff Price | Development Cost | Tariff Features |
|---|---|---|---|
| Solo | 29,900.00 KZT / month | 330,000.00 KZT |
|
| Business | 79,900.00 KZT / month | 750,000.00 KZT |
|
| Premium | Custom corporate development | - |
|
| Additional Package | 10,000.00 KZT | - | - |
1.1. This Agreement establishes the terms of confidentiality and the procedure for non-disclosure of information transmitted between the Parties in connection with the performance of obligations arising from the acceptance of the General Terms (public offer).
1.2. This Agreement is an integral part of the General Terms and is binding upon both Parties.
1.3. Acceptance of the General Terms constitutes the Customer's full and unconditional acceptance of this Agreement.
Document – information recorded on any physical medium (paper, electronic, audio, video, etc.) created or received by the Parties during the performance of obligations.
Authorization – granting access to Confidential Information within the limits set by the Disclosing Party while maintaining confidentiality rules.
Access – the ability to obtain and use Confidential Information.
Information – data in any form.
Protection – legal, organizational and technical measures preventing unauthorized access, alteration, copying, destruction or disclosure.
Trade Secret – information designated and protected by a Party, access to which is restricted and disclosure of which may cause damage.
Confidential Information – any data, documents, materials, or information exchanged by the Parties that are not state secrets.
Undisclosed Information – technical, organizational, or commercial information, including know-how, protected under Article 126 of the Civil Code of the Republic of Kazakhstan.
Disclosing Party – the Party transferring Confidential Information.
Receiving Party – the Party receiving Confidential Information.
Personal Data – information identifying an individual.
Disclosure – actions or omissions resulting in Confidential Information being revealed to third parties.
Third Parties – any persons other than the Parties.
Losses – actual damages and lost profits.
3.1. Confidential Information may be transferred:
3.1.1. via electronic communication;
3.1.2. through documents on physical, digital, or other media;
3.1.3. by granting access to information systems, files, databases;
3.1.4. through transfer/acceptance certificates or protocols (where applicable).
3.2. The Disclosing Party does not provide any warranties regarding completeness or accuracy of the information, and the Receiving Party accepts the risks associated with its use.
3.3. Transfer of Confidential Information does not constitute transfer of ownership or exclusive rights unless expressly agreed in a separate contract.
4.1. The Receiving Party shall:
4.1.1. Use Confidential Information solely for performing contractual obligations.
4.1.2. Not disclose Confidential Information to third parties without written consent of the Disclosing Party.
4.1.3. Protect Confidential Information from unauthorized access.
4.1.4. Identify and prevent unauthorized use.
4.1.5. Ensure continuous monitoring of protection measures.
4.1.6. Maintain a record of persons with access to Confidential Information.
4.1.7. Prevent any actions (intentional or accidental) that may result in destruction, alteration or copying of information.
4.2. Permitted Disclosure
4.2.1. The Receiving Party may disclose information:
4.2.1.1. to employees or contractors who require it to perform contractual obligations;
4.2.1.2. to state authorities of the Republic of Kazakhstan upon lawful request.
4.2.2. If disclosure to state authorities occurs, the Receiving Party must immediately notify the Disclosing Party unless prohibited by law.
4.3. Return or Destruction of Information
4.3.1. Upon request of the Disclosing Party, the Receiving Party shall return or destroy all received materials, including copies, unless otherwise required by law.
4.3.2. Any retained information must continue to be stored confidentially until expiry of this Agreement.
5.1. Both Parties bear civil, administrative, and criminal liability for breach of confidentiality.
5.2. The breaching Party must compensate documented actual damages.
5.3. The Party is liable for third parties to whom it transferred Confidential Information.
5.4. Violation that does not lead to actual disclosure results in a fine of 100,000 KZT (one hundred thousand tenge) for each confirmed case.
6.1. This Agreement becomes effective upon the Customer's/User's acceptance of the General Terms and remains valid:
6.1.1. during the entire period of the General Terms, and
6.1.2. for three (3) years after termination of the contractual relationship.
6.2. Confidentiality obligations remain binding regardless of termination of the General Terms.
7.1. The Contractor may amend this Agreement by publishing an updated version on the Platform.
7.2. Continued use of the Platform constitutes acceptance of the updated Agreement.
8.1. Disputes arising under this Agreement shall be resolved through negotiations.
8.2. If no agreement is reached, disputes shall be considered by the courts at the Contractor's place of registration.
9.1. The Parties recognize the legal validity of electronic messages, documents, and notifications transmitted through the Platform, email, or messengers, provided the sender can be identified.