User Agreement

The purpose of this document is to regulate the terms of use of the Application. Please read its provisions carefully

Date of publication: 01.11.2024.

1.General provisions

1.1. Limited Liability Partnership ‘Production of Solutions KZ’ (BIN 240840010321, TIN 711310000) offers you to use the Service to organize joint trips on the terms and conditions set out in this User Agreement (hereinafter - the ‘Agreement’). The Service is available in the form of a mobile application and / or the Site. The purpose of the Service is to provide functional opportunities for motorists and pedestrians traveling in the same direction to receive roadside assistance or to make a joint trip. The Service is a platform that provides Users on the terms of the Agreement the opportunity to use the available Services, including placement, search, viewing of Ads, as well as the forms of communication provided by the Service for Users to coordinate the Trip. The main Service is provided free of charge for Users. Paid services of the Service are provided to the User on separate terms.

1.2. Using the Service, the User understands and acknowledges that the Administration of the Application is not a party to any agreements, arrangements and contractual relations that may arise between the Users of the Application, is not a carrier, a person providing any transport services, a transport organizer, a Motorist, a Driver, a Passenger, a person representing the interests of the Driver and/or Passenger, as well as any other person interested in one way or another in the Trip. This Agreement regulates the relations between the Administration of the Application and the Users arising solely from the use of the Application.

1.3.The Administration of the Application is not an intermediary (arbitrator) in any disputes arising between Users except for the resolution of disputes in trips. does not control the behavior of Users and visitors of the Service, does not own, operate, supply or drive the vehicles mentioned in the advertisements.

2.Terms and Definitions

2.1. Administration of the Application (also ‘Administration’) - the owner of the Application, Limited Liability Partnership ‘Solutions Production KZ’ ((BIN 240840010321, TIN 711310000).

2.2. Application - a complex of Internet resources, including mobile applications ‘NTX’, available for free download in RuStore, Google Play and App Store for organizing joint trips on the terms and conditions set out in this User Agreement.

2.3.Services (also ‘Service’) - any functionality, tools and services available to Users in the Application (including placement, search, viewing of Ads, communication between Users).

2.4. Information - any materials and information provided by the User when using the Application, including Ads, materials and information containing the User's personal data, legally protected results of intellectual activity and means of individualisation.

2.5. Personal Account - a personal section of the User in the Application, provided to the User after the registration procedure on the Service and intended for the use of the Services.

2.6. User - a Motorist, Pedestrian, any other Internet user accessing the Application and using the Application Services.

2.7. Announcement - an information message of the User with an offer of a joint trip along the route chosen by the User.

2.8. Trip Creation - publication of information about an upcoming or already started Trip in the Application.

2.9. Motorist - a User who has placed an Announcement as a Driver.

2.10. Pedestrian - User who accepts the offer of the Motorist for a joint trip, as stated in the Announcement.

2.11. Trip (also ‘Route’) - a joint trip organized and agreed upon by the Motorist and the Pedestrian via the Service.

2.12. Help Announcement - an information message of the User, made using the SOS button, that: a) the User has an urgent need to make a trip; b) an accident, breakdown, incident in the trip has occurred.

3. Validity of the Agreement

3.1. This Agreement comes into effect from 01.10.2024.

3.2. The User's registration in the Application, as well as the User's performance of any other actions related to the use of the Application, means the User's full, unconditional and unconditional consent to the Agreement, including all the terms and conditions mentioned therein, as well as all the annexes and rules thereto, and is equal to the User's handwritten signature of the Agreement, all the annexes thereto and other integral parts thereof. The Parties fully recognise the legal validity of this Agreement, all its annexes and other integral parts. In addition, the beginning of the User's use of the Application means full confirmation by the User that the User has all rights and powers necessary for the conclusion and execution of the Agreement. The Administration has the right at any time to require the User to provide information and documents confirming the rights and authorisation of the User.

3.3. The Agreement may be amended by the Administration at any time without any special notice to the User. The new version of the Agreement comes into force from the moment of its placement in the Application.

3.4. Regular familiarization with the current version of the Agreement is the User's obligation. The use of the Application after the new version of the Agreement comes into force means the User's consent to it.

4. User Registration

4.1. In order to use the Application, the User must go through the registration procedure in the Application, as a result of which a unique User account will be created and access to the Personal Account will be granted. Registration is carried out by the User directly in the Application by filling in personal data.

4.2. To register, the User undertakes to provide true and complete information about himself and keep this information up to date.

4.3. The Administration reserves the right at any time to require the User to confirm the data provided during registration and request supporting documents. In case of failure to provide documents, as well as in case the User's data specified in the provided documents do not correspond to the data specified at registration, as well as in case the data specified at registration do not allow to identify the User, the Administration has the right to block or delete the User's account.

4.4. The User is independently responsible for the safety and unknown to third parties of his password, as well as independently ensure its confidentiality. The User is solely responsible for all actions (as well as their consequences) within the framework of or using the Application under the User's account, including cases when the User voluntarily transfers data for access to the User's account to third parties on any terms. All actions within or using the Service under the User's account are deemed to be performed by the User.

5. Use of the Service by the User

5.1. The User is solely responsible for the compliance of the content of the Information posted by the User with the requirements of applicable law, including liability to third parties in cases where the User's posting of certain Information violates the rights and legitimate interests of third parties. The User guarantees that, whenever posting Information on the Service, the User does not violate the intellectual and other rights and legitimate interests of third parties, that the User has all the necessary authorisations to publish these materials on the Internet.

5.2. Users are prohibited from using the Service to disseminate information containing violations of legal requirements and prohibitions (in particular, legislation on information, advertising, competition, trade, consumer protection, intellectual property).

5.3. Users are prohibited to copy, sell, as well as use for any other commercial purposes information posted on the Service directly by the Administration or other Users.

5.4. The User, placing on the Service any information directly or indirectly related to the User (surname, name, patronymic, date of birth, mobile phone number), provides the Administration with its consent to the processing of personal data, including (but not limited to) for the purposes of execution of the Agreement, verification of Ads, prevention or suppression of illegal and/or unauthorized actions of Users or third parties, ensuring the safety of all users of the application.

5.5. The Administration may at any time request the User to confirm the Information posted on the Service and request (if necessary) supporting documents in this regard. If the User does not confirm the Information and/or fails to provide the requested documents within three working days from the date of receipt of the request, the Administration has the right to block or delete the User's account, or delete the relevant Information posted by the User from the Service.

6. Use of the Service by the User in the status of ‘Motorist’

6.1. The User registered in the Application in the status of ‘Driver’ can create and publish Trip announcements on the Service, specifying information about the Route that the Motorist intends to make or is already making (date and time, type of vehicle, starting point of the Route, ending point of the Route, number of available seats in the vehicle, available options, availability of special means, etc.). 6.2. The following conditions are required for the Motorist to create and publish a trip:

- possession of a valid driving license;

- ownership or other legal right of possession and use of the vehicle used for the trip;

- a valid insurance policy providing for third party liability insurance (OSAGO);

- the vehicle used for the joint journey is intended or can be used for the carriage of persons;

- the vehicle is in good technical condition, which is confirmed by a valid diagnostic card.

6.3. In case the Motorist:

- fails to board and/or disembark the Pedestrian contrary to the agreement with the Pedestrian at the designated points of the Journey;

- causes an accident, which prevents the completion of the Journey and delivery of the Pedestrian to the final point of the Journey;

- uses a chauffeur-driven vehicle, or a taxi, or a commercial vehicle, or any other vehicle that can be equated to a commercial vehicle;

The Administration reserves the right to block or delete the User's account.

6.4. The Motorist undertakes, upon the Administration's request, to provide a copy of the vehicle registration documents and (or) any other documents confirming that the Motorist can use the vehicle for traveling via the Service.

6.5. The Motorist acknowledges that he/she is solely responsible for the trip published on the Service. Accordingly, the Motorist represents and warrants that the information provided by him/her about the trip, vehicle is accurate and true.

6.6. The Motorist acknowledges and agrees that the Administration reserves the right to refuse to publish a review, question, comment or answer, or to delete it if such review, question, comment or answer violates the provisions of this Agreement.

6.7. The Motorist is prohibited to use the Service in any way for profit by publishing Routes.

7. Use of the Service by the User in the status of ‘Pedestrian’

7.1. The User agrees not to reproduce, repeat or copy, sell or resell, or use for any commercial purpose any part of the Service.

7.2. The User may not transfer his/her registration (login and password) to a third party.

7.3. Pedestrian undertakes to:

- adhere to acceptable standards of behavior so as not to distract the Motorist from the driving process, not to disturb the peace of others;

- treat the vehicle with respect;

- in case of delays notify the Motorist immediately;

- not to take with you on the journey objects, goods, substances or animals which may distract from the driving process, or the nature and carriage or possession of which is illegal.

7.4. In the event of booking one or more seats for the benefit of third parties, the Pedestrian warrants that such third party will fulfill the obligations stipulated in this article and generally adhere to the provisions of this Agreement.

8. SOS button

8.1. The Service has an SOS button, when pressed, the Service will make it known to other users that: A) before the journey - the user has an urgent need to make the journey.

B) on the trip - an accident, breakdown, incident has happened on the trip.

8.2. The SOS button is deactivated automatically after the trip is agreed (confirmed). The SOS button can be deactivated manually by the user (after receiving assistance, completion of the incident).

9. Intellectual property

9.1. With respect to the content published by Users, the Administration is the sole owner of all intellectual property rights related to the Service, the Platform, its content (in particular, texts, images, design, logos, video and audio files, data, graphics), as well as software and databases that ensure the operation of the Service. The Administration grants a non-exclusive, personal, non-transferable right to use the Platform and the Services for personal, non-commercial purposes in full compliance with the purposes of the Platform and the Services.

9.2. It is prohibited to use and exploit the Platform and the Services, as well as their content without prior written authorisation from the Administration. In particular, it is prohibited to:

- reproduction, modification, adaptation, distribution, public presentation and copying of the Platform, Services and content without obtaining the express authorisation of the Administration;

- decompilation and reverse engineering of the Service, subject to the exceptions provided for in the applicable legal documents;

- extracting (in particular, using data mining robots and other similar data mining tools) a significant portion of the Platform's data, or attempting to extract such data.

9.3. In order to enable the provision of the Services, the User grants the Administration a non-exclusive license to use the content and data sent as part of the use of the Services (the ‘User Content’). In order for the Administration to provide the Services to the public, the user grants the Administration (in all countries of the world and without time limitation) the right to reproduce, present, adapt and translate the User Content.

10. Limitation of liability

10.1. The User uses the Service at his own risk. The User independently assesses the reliability of the Information posted by other users.

10.2. The Administration does not assume any responsibility, including for the conformity of the Service to the expectations, requirements and goals of the User.

10.3. The User agrees with the level of quality of the Service, which is offered at the time of use. The Administration is not responsible and does not compensate for any delays, failure of the Service, incorrect or untimely delivery of information to the User, deletion or non-safety of any user information. Administration does not guarantee that the Services will be provided continuously, quickly, reliably and without errors; the results that can be obtained using the Services will be accurate and reliable and can be used for any purpose or in any capacity.

10.4. The Administration is not responsible for any kind of losses and damage to intangible benefits (honor, dignity and business reputation) that occurred due to the use of the Service by the User or due to unauthorized access to the User's equipment, User's personal account.

10.5. The Service may contain links to other resources on the Internet. The User acknowledges and agrees that the Administration bears no responsibility for the availability or unavailability of these resources, for their content, as well as for any consequences associated with the use of these resources and / or their content.

10.6. The Administration is not responsible for any losses incurred due to: the use or inability to use the Service; unauthorised access to user communications; statements or conduct of any third party in the Service.

10.7. Third parties with whom the Administration co-operates in accordance with contracts, do not provide any express or implied warranties and representations or conditions in relation to the goods/services provided by them, information about which may be placed on the Service (in pop-up notices, banners, etc.).

10.8. Administration is not responsible for lost profits, lost income, loss of data, financial losses, as well as for indirect, indirect damage, unless otherwise provided by applicable law.

11. Personal data

11.1. The Administration collects and processes certain personal data of the user. By using the Service and creating an Account, the user acknowledges and agrees that the Administration carries out the processing of personal data in accordance with applicable law and Privacy Statement.

12. Sending/receiving notifications, mailings

12.1. The User agrees to receive, including when using the Service) from the Administration information mailings (including by push notifications, sms, messengers and e-mail messages) via the means of communication specified by the User when registering on the Service or subsequently in his/her Personal Area.

12.2. The User consents to the following above messages (including push notifications, mailings and calls) from the Administration or counterparties of the Administration: informing about services and services of the Administration's counterparties, other information.

13. Modification of the Agreement

13.1. The Administration has the right to amend this Agreement at any time to reflect changes, to ensure compliance with applicable law, and for other reasons. All changes made to the Agreement are published on the Service with an indication of the effective date without prior notice, in connection with which the use of the Service is offered in the ‘as is’/as is mode, i.e. in the form and volume in which they are provided by the Administration.

14. Final provisions

14.1. In case of failure to reach an agreement on disputes through negotiations, all disputes between the Administration and the User arising under the Agreement shall be referred to the arbitration court at the location of the Administration or, if the dispute is not subject to the jurisdiction of the arbitration court - to the court of general jurisdiction in accordance with the territorial jurisdiction at the location of the Administration.

In case of any questions, you can contact the Administration using the contact form.

- website: www.topresult.pro

- tel. +77054707083

- email: prodsolutionskz@gmail.com

PRIVACY POLICY FOR THE MOBILE APPLICATION

“NTX”

1. DEFINITION OF TERMS

“Mobile Application” is software (with all existing additions and enhancements) designed to run on smartphones, tablets, watches and other mobile devices, and developed for a specific platform (iOS, Android, Windows Phone, etc.). For the purposes of this Policy, Mobile Application means the following software: “NTX”.

“Personal Data” means the aggregate of personal data and/or non-personalized information about the User, provided by the User himself/herself to the Licensor and/or automatically collected by the Licensor and/or third parties.

“Policy” means this Mobile Application Privacy Policy (with all existing additions and amendments). “User” means a legal or natural person who has downloaded the Mobile Application to a smartphone, tablet, watch or any other mobile device and/or has activated such Mobile Application on one of the said devices.

“User Agreement” means an agreement between the Rights Holder and the User regarding the procedure, rules and specifics of the User's use of the Mobile Application. The User accedes to such agreement and has no right to make and/or request any changes or additions to it.

“Right holder” means the following person who owns the exclusive rights of ownership of the Mobile application

PROIZVODSTVO RESHENI KZ LLP

“Cookies” means small files sent to any mobile application or website and placed on the User's smartphones, tablets, watches and other mobile devices to improve the performance of such applications or websites and the quality of the content placed therein.

2. RELATIONSHIPS COVERED BY THE POLICY

General Provisions

This Policy is used and applicable solely to Personal Data received from the User in connection with the User's use of the Mobile Application. The provisions of this Policy are intended to:

(1) determining the types and kinds of Personal Data received, the directions and purposes of the use (processing) of Personal Data, as well as the sources of obtaining such Personal Data;

(2) determining the User's rights with regard to protection of confidentiality of the Personal Data transmitted by the User;

(3) determining the persons responsible for processing and storage of Personal Data, as well as third parties to whom such data is disclosed (fully or partially).

The rules of this Policy shall not apply in the case of processing by third parties of Personal Data voluntarily provided by the User.

By installing and/or activating the Mobile Application on a smartphone, tablet, watch or other mobile device, the User agrees to the terms of this Policy and gives its consent to the Right holder to collect, process, retain and store Personal Data in the manner and on the terms provided for in this Policy.

If the User does not agree with the terms of the Policy and/or some terms of the Policy are not clear to him/her, in this case the User is obliged to immediately stop using the Mobile Application.

User's rights on protection of personal data

In connection with the provision of Personal Data, the User automatically obtains the following rights:

(1) to receive data concerning their processing (the grounds and purposes of such processing, the processing methods applied, information about the persons who have access to them or to whom they may be disclosed on the basis of a contract or the Law).

(2) to receive data on the location and identification data of the persons performing the processing of Personal Data.

(3) to obtain data on the retention period of Personal Data.

(4) to obtain data on the performed or suspected trans-border transfer of Personal Data.

(5) to receive information about the location and identification data of the persons storing Personal Data. (6) to appeal the actions or inactions of the Right holder to the authorized body for the protection of the rights of personal data subjects or in court.

(7) to receive compensation of losses and/or compensation of moral damage in court as a result of violations of the User's rights to protection and defense of his/her Personal Data committed by the Licensor and/or third parties.

(8) exercise other rights in the field of personal data protection provided by the Law or the provisions of this Policy.

3. LIST OF COLLECTED PERSONAL DATA

Non-personalized information about Users

In connection with the use of the Mobile Application, the Licensor may automatically collect and process the following non-personalized information about the User:

(1) information about traffic, possible number of clicks, logs and other data.

(2) information about the device (identification number, mobile operator network) from which the login is performed, operating system, platform, browser type and other browser information, IP address. Personal data about users

The User provides the Right holder with the following personal data about himself/herself:

(1) date of birth and age.

(2) e-mail address.

(3) User's gender.

(4) a photo with the User's image.

(5) vehicle data

(6) data contained in the User's personal account (profile), all internal correspondence of the User (if any), as well as other activity of the User's personal account (profile).

(7) data on all publications made by the User in the Mobile Application, including announcements, reviews, rating, posting reviews, photos, likes, ratings and/or any other forms of activity available to the User in the Mobile Application, and/or content created.

(8) the following data:

information about the User's movements, routes, SOS signals

The User is the only person responsible for the completeness of the personal (personal) data provided and is obliged to make timely changes (update, verification, correction) on a regular basis.

The Right holder assumes that all personal (personal) data provided by the User are reliable and that the User keeps such information up to date.

Use of cookies

This Mobile Application uses certain Cookies to store IP address, User preferences or the type of device used in order to (1) keep statistics on visits and traffic to the Mobile Application, and (2) personalize the data displayed on the User's screen, and (3) store data necessary to identify the User, including when accessed from different devices, and (4) display advertisements according to the User's interests and preferences.

The Mobile Application may use both its own Cookies belonging to the Right Holder and Cookies of third parties.

The Mobile Application uses the following Cookies:

(1) Technical (functional) Cookies, which are necessary to control traffic and data transmission, to identify Users and to provide User access to the Mobile Application content and without which the use of the Mobile Application is functionally limited, as well as to prevent the provision of recommendations that are not in the User's interest.

(2) Statistical Cookies, which are necessary to track the frequency of visits to the Mobile Application by Users, to identify the ways in which Users use the Mobile Application, and to identify the type and kind of content that is popular or interesting to the User.

(3) Third party cookies, which are set by third parties with the User's permission and are intended to conduct statistical research regarding the User's online behavior and/or to send personalized advertising or marketing materials to the User and/or to provide goods or services.

The User has the right to disable cookies in the Mobile Application at any time by changing certain settings in their smartphone, tablet, watch or other mobile device. Such disabling does not entail limiting or changing the User's access to the functionality of the Mobile Application and/or content. To disable Cookies, you must do the following: Go to the browser on the device, go to settings, select the browser and select the appropriate settings.

4. PURPOSES OF PERSONAL DATA COLLECTION AND PROCESSING

Determination of the purposes of processing

Personal Data is collected and processed for the following purposes:

(1) to analyze the User's behavior, as well as to identify the User's preferences for a certain type of content.

(2) for operative and correct operation of the Mobile Application, improving the functioning of the Mobile Application, improving the content of the Mobile Application, improving the internal architecture and functionality of the Mobile Application.

(3) to identify the User.

(4) to comply with the requirements of the Legislation on collection and storage of personal data.

(5) for technical support of the Mobile Application, identification of problems in its operation and their elimination.

(6) to maintain communication with the User (communication).

(7) for the fulfillment of other obligations of the Rights Holder that have arisen to the User.

(8) for carrying out statistical research.

(9) to represent the interests of a third party in the Mobile Application by the Licensor for the purpose of providing public information, provided that a separate consent is obtained from such person.

Processing of Personal Data is carried out on the basis of the following principles: (1) lawfulness of the purposes and methods of processing; and (2) good faith; and (3) compliance of the purposes of processing of Personal Data with the purposes predetermined and declared when collecting such Personal Data; and (4) compliance of the scope and nature of the processed Personal Data with the declared purposes of their processing.

Conditions of Personal Data Processing

Processing of Personal Data is carried out in cases of: (1) obtaining consent from the User; or (2) achieving the purposes provided for by an international treaty or the Law; or (3) the User provides his/her Personal Data to an unlimited number of persons; or (4) fulfilling other obligations of the Right holder to the User, including, but not limited to, providing certain content to the User; or (5) saving the User's life or health when consent to the processing of his/her Personal Data cannot be obtained in advance.

In case of anonymization of Personal Data, which does not allow to identify the User directly or indirectly, the subsequent use and disclosure of such data to third parties is allowed and the rules of this Policy shall no longer apply to them.

The Licensor shall take all possible measures to protect the confidentiality of the Personal Data received, except for cases when the User has made such data publicly available.

5. ACCESS OF THIRD PARTIES TO PERSONAL DATA

Use of analytical platforms

The Right holder uses the Firebase analytics platform to (1) track the frequency of the Users' visits to the Application; and (2) track the ways in which the User uses the Mobile Application and/or its content; and (3) identify the type and kind of content that is popular among the Users; and (4) determine the User's location. The User also gives its consent to the Rights Holder to use the information obtained about the User from Firebase.

For the specified purposes, Firebase analytical platform may collect data on the User's IP address, geolocation, behavior, as well as User's preferences and interest in certain content. Firebase analytical platform gets access to Personal Data in order to provide the Right holder with an understanding of how effectively its Mobile Application works, what kind of content is popular, how effective is the placement of certain advertising in it, as well as for the purposes of development and/or improvement of the existing marketing strategy of the Right holder.

By installing the Mobile Application, the User agrees to the Privacy Policy of Firebase, as well as to the automatic installation of appropriate Cookies on the User's device.

Disclosure of personal data to third parties

The Right holder has the right to disclose Personal data (1) to its affiliated persons, branches and representative offices; (2) to successors of the Right holder, which arose as a result of its liquidation, reorganization or bankruptcy, and which received exclusive rights of ownership of the Mobile application; (3) to third parties, when the User has given his/her consent to disclosure, transfer or processing of his/her Personal data, as well as in other cases, directly provided by the legislation or this Policy.

The Licensor discloses Personal Data only if (1) it is sure that third parties will comply with the terms of this Policy and take the same measures to protect the confidentiality of Personal Data as the Licensor itself, and (2) consent to such disclosure has been previously expressed by the User and/or is allowed on the basis of the law.