Public Offer Agreement

Almaty

Limited Liability Partnership "Paloma365", a legal entity incorporated and existing under the laws of the Republic of Kazakhstan (hereinafter — the "Contractor"), on the one hand, and the "User" — a person (natural and/or legal entity) who has accepted the Public Offer (proposal) upon registration on the online service www.paloma365.kz, collectively referred to as the Parties and individually as a Party, have concluded this Offer Agreement.

Public Offer (Offer) — this proposal, containing all essential terms of the Agreement, from which the intention of the person (Contractor) making the proposal to conclude the Agreement on the terms set out therein with any person who responds to this proposal is evident, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan.

Online Service — the SaaS cloud software "Paloma365" for sales automation and operational management accounting of a point of sale, accessible via the Internet at https://paloma365.com. The exclusive right to the Online Service belongs to the Contractor.

Services — the provision to the User of the right to access the functionality of the Online Service during the paid Subscription period.

Subscription — the User's payment for the cost of using the Online Service for the period specified in the selected Pricing Plan, and the right to use the Online Service during the Subscription term.

Acceptance — the full and unconditional acceptance of the terms of the Offer in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan by registering, paying for a Subscription and/or using the Online Service. Acceptance means that the User agrees with all provisions of this Offer and is equivalent to the conclusion of the Agreement and all its annexes in written form.

Agreement — an agreement between the Contractor and the User for the provision of Services, which is concluded through Acceptance of the Offer in accordance with Articles 394–396 of the Civil Code of the Republic of Kazakhstan.

User — a natural or legal person who has completed Acceptance of the Offer.

Credentials — information allowing the identification of the User, including but not limited to mobile phone number and email address.

Pricing Plans — the list of Services and their prices published on the website https://paloma365.com.

Collection of personal data — actions aimed at obtaining personal data.

Processing of personal data — actions aimed at accumulating, storing, modifying, supplementing, using, distributing, anonymising, blocking and destroying personal data.

The Contractor provides the Services of the Online Service, and the User undertakes to pay for such services in accordance with the selected pricing plan, in the manner and on the terms defined by the Agreement.

The Contractor grants the User a non-exclusive, non-transferable right to use the Online Service.

The User independently ensures access to the Internet and the necessary equipment.

The User acknowledges that use of the Online Service requires completion of the registration procedure on the website by providing Credentials.

The User is responsible for the security of their login and password.

All actions performed in the Online Service using the User's Credentials are deemed to have been performed by the User.

All actions performed by the User on the Online Service are deemed to be the actions of a person who has read and understood the terms of this Offer. The User's claim of ignorance of the terms of this Offer is not a basis for non-performance of the Agreement by the User.

If a person disagrees with this Offer or any provision thereof, or does not fully or partially understand the Offer, the Contractor advises such person to refrain from completing Acceptance of this Offer and reserves the right not to provide Services to such person.

The Subscription price is determined by the Pricing Plans selected by the User.

The User's payment of a Subscription constitutes the User's unconditional confirmation that the Services were received in full and of proper quality. If the User disagrees with an invoice issued or with the volume/quality of services rendered, they may send the Contractor an email stating the reasons for their dissatisfaction.

Funds paid for a Subscription period are non-refundable.

Confirmation of Services rendered is the Acceptance Certificate (ACT).

The User acknowledges that the fact of paying for a Subscription is equivalent to the User's signature on a paper ACT and constitutes sufficient evidence of Services rendered for any purpose, including accounting and tax records. The date of service delivery in the ACT is the last business day of the month in which payment was received.

If the User requires an ACT to be processed through the Electronic Invoice Information System (IS ESF), they must notify the Contractor before paying for the Subscription. If the User fails to confirm the electronic ACT within 15 calendar days, the Parties shall consider the ACT to have been signed by both Parties in accordance with clause 4.5 of this Offer.

The Contractor may, but is not obliged to, provide additional services including consultations, implementation and customisation.

Additional services are not included in the Subscription and are provided exclusively on the basis of separate agreements.

The Contractor confirms and warrants that the Contractor holds rights to the Online Service to the extent necessary for the proper performance of obligations under the Agreement.

The Contractor provides warranties in respect of the Online Service to the degree established by this Offer.

The Online Service is provided to the User "AS IS". The Contractor does not guarantee that the User will achieve commercial or other results.

The Contractor does not guarantee the absence of errors arising in the course of operating the Online Service (including: compatibility issues with other products, issues arising from ambiguous interpretation of reference information, service interruptions, discrepancy between the results of using the Online Service and the User's expectations, etc.).

The rights to the Online Service, as well as all patents, copyrights, trade secrets and other property rights in or relating to the Online Service, are and shall remain the exclusive property of the Contractor, regardless of whether such rights are recognised and protected under the laws of the country where the Online Service is used.

The Contractor is not a franchisor and is not responsible for the User's business activities.

Use of the service within a franchise arrangement does not imply the Contractor's participation in managing the User's business.

Personal data is processed in accordance with the Law of the Republic of Kazakhstan "On Personal Data and Its Protection", the Privacy Policy at https://paloma365.com/policy_conf and the Cookie Policy at https://paloma365.com/zeropopup-cookie.

The User consents to the processing and storage of personal data both manually and in an automated system, which includes collection, processing, organisation, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), anonymisation, blocking, destruction and any other use thereof in accordance with the requirements of the legislation of the Republic of Kazakhstan "On Personal Data and Its Protection".

Analytics and advertising cookies are used only with the User's consent.

Third-party cookies are used exclusively with the User's consent given via the cookie banner on the website. Data processing using such cookies is carried out in accordance with the applicable legislation of the Republic of Kazakhstan, as well as in accordance with generally accepted international data protection standards, including the principles of the General Data Protection Regulation (GDPR) and the ePrivacy Directive.

Third-party cookies are governed by the privacy policies of the respective service providers, and the Contractor does not control the processing of data by such third parties beyond the purposes stated in this Policy.

The Contractor is not liable for losses caused by the use of the Online Service.

Under no circumstances shall the Contractor be liable for information posted by the User on the Online Service.

The Contractor is not responsible for the actions of third parties.

The Agreement is concluded for a term corresponding to the selected and paid Subscription period.

Automatic renewal of the Subscription does not occur unless otherwise specified when the Subscription is set up.

The terms of this Offer may be amended by the Contractor unilaterally, without special notification to the User.

The Agreement is governed by the laws of the Republic of Kazakhstan.

All disputes and disagreements that may arise from or in connection with the Agreement shall be resolved by the Parties through negotiations.

If the Parties fail to reach agreement, they may refer the matter to a court in accordance with the procedure established by the current legislation of the Republic of Kazakhstan.