Agreement with a User

7 April 2023

1. General provisions

1.1. This User Agreement (hereinafter referred to as the «Agreement») regulates the relationship between Funomic, TOO registered at the address: Kazakhstan, Zhetysu region, Karatalsky district, Ushtobe, Zhalmendi Bi street, bld. 101, postal code 050000 (hereinafter referred to as the «Company»), on the one hand, and the User, on the other hand, with respect to the use of Programs.

Programs are understood as applications and programs distributed through the site and other accounts administered by the Company, including the site itself – https://funomic.pro.

1.2. By copying the Program, installing it on your mobile device or using the Program in any way, the User expresses his full and unconditional agreement with all the terms of the Agreement.

1.3. The use of the Program is permitted only under the terms of this Agreement. If the User does not accept the terms of the Agreement in full, the User has no right to use the Program for any purpose. The use of the Program in violation (non-fulfillment) of any of the terms of the Agreement is prohibited.

1.4. The use of the Program by the User under the terms of this Agreement for personal non-commercial purposes is carried out without charging an additional fee. For the use of non-activated data and commands, a fee may be charged as set forth in this Agreement. The amount of payment is determined by the Company and depends on the amount of inactive data and commands, the right to use which is transferred to the User.

1.5. The Programs as a whole and the computer programs included in them or used together with them and other text materials, images and other objects of copyright and/or related rights, trademarks, commercial designations and brand names, as well as other parts of the Company's Programs separately, are protected in accordance with applicable law and belong to the copyright holder on the exclusive right.

2. Subject meters of the agreement

2.1. The Company, under the terms of a simple (non-exclusive) license, grants the User a non-transferable right to use the Program on the territory of the whole world without charging an additional fee, in the following ways:

(1) To use the Program for its direct functional purpose, for which purpose to copy and install (reproduce) it on the User's mobile device(s). The User has the right to install the Program on an unlimited number of mobile devices.

(2) Reproduce and distribute the Program for non-commercial purposes without charging additional fees.

3. Terms of use of the Program

3.1. Some functions of the Program can be performed only if you have access to the Internet. The user independently receives and pays for such access on the terms and at the rates of their telecom operator or Internet access provider.

3.2. The Company reserves the right, at its discretion, to restrict the User's access to the Program (or to certain functions of the Program, if technologically possible) in case of repeated violation of this License, or to apply other measures to the User in order to comply with legal requirements or the rights and legitimate interests of third parties.

3.3. Except for the use in the volumes and in the ways directly provided for by this License or current legislation, the User has no right to modify, decompile, disassemble, decrypt and perform other actions with the object code of the Program in order to obtain information about the implementation of algorithms used in the Program, create derivative works using the Program, as well as perform (allow to carry out) other use of the Program, any components of the Program, Materials and other data stored by the Program on the User's mobile device, without the written consent of the Company.

3.4. The User does not have the right to reproduce and distribute the Program for commercial purposes (including for a fee).

3.5. The User does not have the right to distribute the Program in a form other than the one in which he received it.

3.6. The User does not have the right to change and/or delete the name of the Program, the copyright notice or other references to the Company.

4. Remuneration for the use of additional functions and commands. Subscriptions.

4.1. General provisions

(1) The Company grants the User, for a fee, the right to use non–activated data and Program commands (hereinafter referred to as Additional Functions). Payment of the Company's remuneration is made by the User in the order of prepayment.

(2) Access to Additional Functions of the Program is provided by the Company from the moment of receipt of remuneration from the Company, while the Company reserves the right to provide access to Additional functions of the program until the moment of receipt of remuneration. The Company is deemed to have fulfilled its obligations to provide access to Additional Program Functions at the time of granting access.

(3) The Company has the right to provide the User with access to Additional Functions without charging an additional fee for informational and other purposes determined by the Company. At the discretion of the Company, the specified access can be granted to the User both if the User performs certain actions (for example, activating access in the Program settings, paying for access for a long time, and so on), and without performing certain actions by the User. The conditions for granting the specified access are determined by the Company. For the avoidance of any doubt, the provision of such access is a right of the Company, not an obligation.

(4) The Company has the right to change the period of granting access to Additional Functions of the corresponding Remuneration Program unilaterally.

(5) The period of granting access to the Database and the amount of the corresponding remuneration shall not be subject to change in respect of the remuneration actually paid for the corresponding period of granting access, provided that it is paid before the entry into force of the new conditions.

4.2. Payment terms

(1) Access to Additional Functions is provided on the terms of subscription provided for in this License, as well as the provisions (hereinafter referred to as the "Subscription"). By subscribing, the User enters into an Agreement with the Company (hereinafter referred to as the Agreement), according to which the Company undertakes to provide the User with access to Additional Features of the Program for the Subscription Period, and the User undertakes to pay the Subscription price.

For the purposes of this Agreement, a Subscription Period is a period of time (for example, a month or a year) for which a Subscription is issued and an appropriate amount of remuneration is set in accordance with the Subscription period.

The subscription period equal to a month begins to flow from the Subscription payment date and expires on the corresponding day of the calendar month following the Subscription payment date.

The subscription period equal to a year begins to flow from the date of Subscription payment and expires on the corresponding month and date of the calendar year following the Subscription payment date.

(2) Information on the amount of the Subscription fee, the methods of its payment and the Subscription Period, as well as other information, are indicated in the relevant section of the Program. This information is part of this Agreement.

(3) In the event of a change in the Subscription Period and/or the amount of the corresponding remuneration, the changed conditions shall be applied after they are published in the appropriate section in the Program interface.

(4) The payment is made by the User in the order of prepayment. The Subscription is provided to the User in full from the moment the User is granted access to the Additional functions of the Program. No other moment can be interpreted as the moment when the Company fulfills its obligations.

(5) When subscribing, the User instructs the Company to charge the Subscription fee (subscription fee) set by the Company on the day of payment for each Subscription Period determined by the User when subscribing, in the order of prepayment, until the User refuses to renew the Subscription for the next Subscription Period.

(6) The User understands and agrees that the default Subscription is issued indefinitely from the moment of payment of the first Subscription Period. The User has the right to refuse to renew the Subscription for the next Subscription Period in the Program. In this case, the User's access to Additional Functions is terminated from the day following the last day of the paid Subscription Period. In addition, the Subscription may be terminated by the Company in other cases or on other grounds provided for in these Terms.

(7) Subscription payment is made with the Linked Card. For the purposes of these Terms, any bank card and/or electronic means of payment linked in the Program interface or in the User account on the Company's services (including mobile applications) (including those linked during authorization in the Program, before authorization in the Program, or after) are considered a Linked Card. The Company has the right to deduct the amount of the Subscription price from any Linked Card.

The absence of a sufficient amount of funds on the Linked Card for a long period of time, the Company has the right to consider the User's refusal to renew the Subscription from the start date of the unpaid Subscription Period.

(8) By accepting this Agreement, the User instructs the Company on behalf of the User to draw up orders for debiting funds from the account (to which the Linked Card is linked) The User in favor of the Company for the Subscription, as well as to send the specified orders to the issuing bank of the User through the acquiring bank.

The User gives his consent to the automatic periodic debiting of funds from his account to pay for the Subscription according to his order given in accordance with the procedure provided for in this paragraph of the Agreement, and acknowledges that the orders for debiting funds from his account sent in accordance with this paragraph of the Agreement are the orders of the User himself, and the actions of the processing center and the acquiring bank, aimed at debiting funds in accordance with this clause of the Agreement, are executed with the consent of the User.

The write-off of funds in accordance with this clause of the Agreement begins to occur automatically if the following conditions are met:

(a) the User enters all the necessary details of the Linked Card;

(b) activation of the service for debiting funds on an automatic basis from the Linked Card in the following way: automatically when making the first payment;

(c) clicking the "Pay for Subscription" button (or another button similar in functionality) confirming the User's consent to this Agreement.

(9) The User is obliged to independently monitor the Subscription status information in the Program (paid Subscription Period, Subscription price), as well as monitor the introduction of changes and additions to the Agreement.

(10) As a general rule, User identification is carried out according to his account data. The Company has the right to use other data to identify the User, including data about the person who paid the fee, in cases where such identification does not entail violation of the rights of the parties, the rights of third parties, or violation of current legislation.

4.3. Terms of payment of remuneration in the AppStore

(1) The period for which access to Additional Program Functions is granted, as well as the amount of remuneration corresponding to the period for granting access, are indicated in the appropriate section in the Program interface.

(2) Payment of remuneration using the "In-App Subscriptions" technology provided by Apple Inc., as well as automatic renewal of access to Additional Functions (Subscription) are made on the terms posted on the Internet at: https://www.apple.com/legal/itunes/ww.

4.4. Terms of payment of remuneration in the GooglePlay store

(1) The period for which access to Additional Program Functions is granted, as well as the amount of remuneration corresponding to the period for granting access, are indicated in the appropriate section in the Program interface.

(2) Payment of remuneration using the "In-app Billing Subscriptions" technology provided by Google Inc., as well as automatic renewal of access to Additional Program Functions (Subscription) is made on the terms posted on the Internet at: https://play.google.com/intl/en-en/about/play-terms/index.html.

4.5. Terms of payment of remuneration in the Microsoft Store

(1) The period for which access to Additional Program Functions is granted, as well as the amount of remuneration corresponding to the period for granting access, are indicated in the appropriate section in the Program interface.

(2) Payment of remuneration for access to Additional Functions of the Program is made on the terms posted on the Internet at: https://www.microsoft.com/en-US/storedocs/terms-of-sale.

5. Liability

5.1. The Program (including Additional Functions) is provided on an "as is" basis. The Company does not provide any guarantees regarding the error-free and uninterrupted operation of the Program or its individual components and /or functions, the compliance of the Program with specific goals and expectations of the User, does not guarantee the reliability, accuracy, completeness and timeliness of Data, and also does not provide any other guarantees not expressly specified in this Agreement.

5.2. The Company is not responsible for any direct or indirect consequences of any use or inability to use the Program (including Additional Functions) and /or damage caused to the User and /or third parties as a result of any use, non-use or inability to use the Program (including Additional Functions) or its individual components and/or functions, including due to possible errors or failures in the operation of the Program, except in cases expressly provided for by law.

6. Updates/new versions of the Program

6.1. The Program may from time to time automatically download and install updates that are aimed at improving the Program and may take the form of patches, additional modules or completely new versions of the Program. The User is hereby notified and agrees to the automatic updating of the Program, including requesting, downloading and installing Program updates on the User's device without any additional notifications.

6.2. This Agreement applies to all subsequent updates/new versions of any of the Programs and/or all Programs. Installing an update/ new version of the Program means that the User accepts the terms of this Agreement for the corresponding updates/ new versions of the Program, unless the update / installation of a new version of the Program is accompanied by another Agreement.

7. Amendments of the terms of the Agreement

7.1. This Agreement may be changed by the Company unilaterally. The notification of the User about the changes made to the terms of this Agreement is published on the page: https://funomic.pro/tos These changes to the terms of the Agreement come into force from the date of their publication, unless otherwise specified in the relevant publication.