Public offer for the provision of Korkem AI services

Published at: korkem-ai.com/ru/legal/offer.

1.1. Индивидуальный предприниматель Nomad JC (Чинозбеков Абдужамол Абдужалолович), IIN 990815301658 (the "Contractor"), invites any individual, sole proprietor or legal entity (the "Customer") to conclude a contract for the paid provision of services on the terms of this offer (the "Contract").

1.2. This offer is a public offer under paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan (the "Civil Code"). The Contract is a public contract (Article 387 of the Civil Code) and is concluded by the Customer acceding to the terms set by the Contractor (Article 389 of the Civil Code).

1.3. The offer is accepted in two steps. On registering in the Service, the Customer ticks their consent to the Terms of use and to this offer: from that moment the Contract is concluded for the free features and the Welcome credits. When buying Credits, the Customer ticks "I accept the terms of the Public offer" on the payment page and pays for the Credits: from the moment the payment is received, the Contract is deemed concluded for the paid services (paragraph 3 of Article 396 of the Civil Code). The Contractor records the date, the time, the version of the offer and the Customer's identifier.

1.4. The following form an integral part of the Contract: Appendix 1 "Cost of Actions in Credits", Appendix 2 "Terms of processing data on the Customer's instructions", Appendix 3, which is the Terms of use, and also the Privacy policy. The "Payment and refunds" page is for reference only and repeats sections 4 and 8. If the documents differ on price, payment, refunds, liability, termination or disputes, this offer applies; on the rules for using the Service, the Terms of use apply.

1.5. The Service is intended for business and professional activity. By registering, the Customer confirms that they use the Service for such purposes. If the Customer is an individual who is a consumer under the law, the provisions of the Contract apply to the extent they do not reduce the Customer's rights under consumer protection law.

• ·Service: the Korkem AI software available on the korkem-ai.com website, which uses artificial intelligence models to create social media posts, publishes them to the accounts the Customer has connected and replies to incoming messages from the Customer's clients following the script the Customer has set.
• ·Account: the Customer's personal account in the Service.
• ·Credit: a unit of account for the Service's prepaid services, used to pay for individual Actions. A Credit is not money, electronic money, a security or a means of payment, earns no income, cannot be transferred to other persons, is accepted as payment only by the Contractor and cannot be exchanged for money, except for a refund of the prepayment under section 8.
• ·Action: an individual service of the Service: creating a post text, an image or a video, editing the Customer's video, reviewing an account.
• ·Welcome credits: Credits granted free of charge on registration.
• ·Customer Materials: photos, videos, texts, information about the business and other data that the Customer uploads to the Service or passes to it through connected accounts.
• ·Result: texts, images, videos and other content created by the Service at the Customer's request using artificial intelligence models, including synthetic content.

3.1. The Contractor gives the Customer access to the Service and performs Actions, and the Customer pays for them with Credits bought under this offer.

3.2. The list of Actions and the cost of each in Credits are shown in the Service before the Action is started. For reference, the rates as of the revision date are listed in Appendix 1.

3.3. The services are provided remotely, over the Internet. There are no physical media and no delivery.

4.1. The price of one Credit is 15 (fifteen) tenge. Prices are in tenge. The Contractor is not a VAT payer.

4.2. One payment buys from 100 to 10,000 Credits. The total is shown before the Customer proceeds to payment.

4.3. Payment is made by Visa or Mastercard bank card through the payment institution Freedom Pay LLP (BIN 180640014026) (the "Payment Institution"). Card details are entered on the Payment Institution's secure page; the Contractor neither receives nor stores them.

4.4. The Customer's obligation to pay is deemed fulfilled from the moment the Payment Institution confirms the payment. Credits are added to the balance automatically, usually within a few minutes. If the Credits have not been added within an hour, the Customer may write to admin@korkem-ai.com.

4.5. The Contractor may change the price of a Credit and the cost of Actions in Credits. A change does not affect Credits already paid for or Actions already performed: for a paid Credit the Customer receives the scope of services that applied at the time of payment.

4.6. For every payment the Contractor uses cash register equipment and sends a fiscal receipt to the Customer's email address.

4.7. Paid Credits remain valid as long as the Account exists. An Account that has not been signed into for 24 months may be closed only after 30 days' written notice; during that time the Customer may use the Credits or request a refund. Limitation periods for a refund claim are not shortened when the Account is closed.

5.1. Credits are deducted when the Action is performed. The service for a specific Action is deemed provided from the moment its Result becomes available to the Customer in the Service.

5.2. If an Action is not performed because of a technical failure of the Service or its suppliers, the deducted Credits are automatically returned to the balance.

5.3. If a Result has an obvious technical defect caused by the Service (a broken image, a cut-off video, text in the wrong language), the Contractor, at the Customer's request, performs the Action again free of charge or returns the Credits to the balance.

5.4. Results are created by artificial intelligence models and are creative in nature. A mismatch with the Customer's taste, style or expectations of reach and sales is not a defect. Models can make mistakes, so the Customer checks the Result before publishing; the decision to publish is the Customer's, and publishing happens after the Customer approves it.

5.5. Artificial intelligence labels and notices. Synthetic content created by the Service is labelled by the means available in the Service in accordance with the law on artificial intelligence; the Customer does not remove the labels and adds a visible note to posts where the law or the platform's rules require it. If the Customer turns on automatic replies to clients, the Customer ensures that clients are informed that the replies are generated by an artificial intelligence system.

6.1. Customer Materials remain the Customer's. The Customer grants the Contractor a non-exclusive right to use them only to provide the services (storing, processing, passing them to model suppliers and social networks, creating and placing posts) for the term of the Contract.

6.2. The Contractor claims no rights to the Results and does not use them for its own purposes, except for anonymised demonstration with the Customer's consent. To the extent a Result is protected by copyright and the rights to it arise with the Contractor, the Contractor transfers to the Customer, free of charge, the right to use the Result without limitation as to method, territory or term, including placement on social networks and in advertising, including after the Contract ends.

6.3. The Customer takes into account that under the law of the Republic of Kazakhstan, works created with the use of artificial intelligence are protected by copyright where there is a creative contribution by a human, and that similarity of a Result to other people's works cannot be entirely ruled out. The Contractor does not guarantee that a Result is protectable or free of similarity and is not liable for the Customer's use of a Result outside the law.

6.4. The Customer warrants that they hold the rights to the Customer Materials and, if people are shown in them, have obtained their consent to the processing of their images and to their use in posts.

7.1. The Contractor shall: provide access to the Service, except for maintenance breaks and failures at model suppliers and social networks; add paid Credits and keep account of them; show the cost of an Action before it is started; consider the Customer's requests within the periods set in the Contract.

7.2. The Customer shall: give a valid email address; comply with the Terms of use and the rules of the connected social networks; check Results before publishing; not let third parties use the Account.

7.3. The Contractor may suspend access to the Service if the Customer breaches the Terms of use. Paid and unused Credits are then refunded under section 8, unless the suspension is caused by fraud or by use of the Service for unlawful purposes.

8.1. The Customer may withdraw from the Contract at any time and request a refund for paid and unused Credits (paragraph 1 of Article 686 of the Civil Code). The cost of Credits that have been spent and for which the services have been provided is not refundable.

8.2. The refund amount equals the number of unused paid Credits multiplied by the Credit price of the payment concerned. Welcome credits are deemed to be spent first. Welcome credits are not refundable: they were granted free of charge.

8.3. To request a refund, the Customer sends a request to admin@korkem-ai.com from the address the Account is registered to, or uses the "Get my money back" button in the Service settings, which drafts such a request. The request states the date and amount of the payment or the order number. The Contractor may ask for further details (for example, the last four digits of the card) only to confirm the payment.

8.4. The Contractor considers the request within 10 calendar days. A refund may be refused if the payment is not found, the Credits have been spent or the refund is requested by someone other than the payer; the reason for a refusal is given in writing.

8.5. Money is refunded to the bank card the payment was made from. No cash refunds are made. The Contractor passes the refund instruction to the Payment Institution within 3 business days of approving the request; the Payment Institution processes the refund within the periods set by its rules (usually 1 to 4 business days), and the time for the money to reach the card depends on the issuing bank and does not exceed 30 calendar days. If the card has been closed, the refund is made to the Customer's bank account at the Customer's request.

8.6. If a payment was made in error (a double charge, a charge without Credits being added), the Customer sends a request with a supporting document from the bank. The full amount of the erroneous payment is refunded.

8.7. Deleting the Account does not end the Customer's right to a refund. Before the deletion is confirmed, the Service shows the remaining paid Credits and offers to request a refund. If the Customer deleted the Account without a request, they may submit one later, confirming the payment with a receipt or a bank statement; the Contractor keeps payment records to the extent needed for accounting and for considering such requests.

9.1. The parties are liable for failure to perform their obligations in accordance with the law of the Republic of Kazakhstan.

9.2. The Contractor's liability for breach of the Contract is limited to the amount the Customer paid in the three months before the event giving rise to liability. The limitation does not apply in case of intent or gross negligence of the Contractor or in other cases where the law does not allow liability to be limited, including with respect to consumer rights.

9.3. The Contractor is not liable for lost profits, for the consequences of posts the Customer decided to publish, for decisions and actions of social networks (blocking an account, limiting reach, changing rules, cutting off API access) or for failures of third-party suppliers, except where the law places such liability on the Contractor.

9.4. The Customer is responsible for the Customer Materials, for the content and lawfulness of the advertising they publish, including compliance with advertising law and language requirements, and for compliance with the rules of social networks. The Customer compensates the Contractor for proven losses arising from third-party claims relating to the Customer Materials or to the Customer's breach of the law.

9.5. The parties are released from liability in circumstances of force majeure, including widespread Internet outages, cut-off of access by social networks and model suppliers, and actions of public authorities.

10.1. The Contractor processes the Customer's personal data as an operator in accordance with the Privacy policy. Data are collected and processed on the basis of consents the Customer gives with separate ticks on registration, including a separate consent to cross-border transfer.

10.2. The Contractor processes the data of the Customer's clients (social media conversations) on the Customer's instructions under the terms of Appendix 2.

11.1. Claims are sent to admin@korkem-ai.com and are considered within 14 business days.

11.2. If a dispute is not settled, it is referred to the court at the defendant's location. A Customer who is a consumer may sue at their place of residence in the manner set by procedural law.

12.1. The offer is valid from the date of publication until the Contractor withdraws it. Withdrawal does not affect obligations for paid Credits.

12.2. The Contractor may change the offer by publishing a new version at least 14 days before it takes effect and notifying the Customer in the Service or by email. Continuing to use the Service after that period means agreement with the new version. If a change worsens the Customer's position, the Customer may, before the new version takes effect, withdraw from the Contract and receive a refund under section 8. A new version does not change the scope of services paid for before it takes effect.

12.3. The Contractor may transfer its rights and obligations under the Contract to a legal entity set up by the participants of the Korkem AI project, notifying the Customer at least 30 days in advance. Until the transfer date the Customer may withdraw from the Contract and receive a refund of paid unused Credits under section 8; if the Customer does not withdraw, the Credits and the Account pass to the new contractor unchanged.

12.4. Legally significant messages are sent electronically to the email address given on registration and to admin@korkem-ai.com.

• ·Name: ИП Nomad JC (Чинозбеков Абдужамол Абдужалолович)
• ·IIN: 990815301658
• ·Address: г. Астана, проспект Улы Дала, д. 29, кв. 169
• ·IIK (current account in tenge): KZ68551Z600135635KZT
• ·Bank: АО «Фридом Банк Казахстан»
• ·BIC: KSNVKZKA
• ·Kbe: 19
• ·Email: admin@korkem-ai.com
• ·Phone: +7 775 969 41 62
• ·Website: korkem-ai.com

The price of a Credit is 15 ₸. The current cost is always shown in the Service before the Action is started.

• ·Post text: 1 credit (15 ₸)
• ·Carousel (a set of slides): 3 credits (45 ₸)
• ·Picture for an infographic slide: 6 credits (90 ₸)
• ·Video from an infographic: 3 credits (45 ₸)
• ·Image: 7 credits (105 ₸)
• ·Premium image: 20 credits (300 ₸)
• ·Basic video: 5 credits (75 ₸)
• ·Premium video: 30 credits (450 ₸)
• ·Cinematic video: 140 credits (2,100 ₸)
• ·Highlights cut from the Customer's video: 10 credits (150 ₸)
• ·Editing the Customer's video into a finished clip: 10 credits (150 ₸)
• ·Account review: 10 credits (150 ₸)
• ·In-depth account review: 25 credits (375 ₸)

1. Roles. With respect to the data of the Customer's clients with whom conversations are held on social networks, the Customer determines the purposes and means of processing and is the owner of the data, and the Contractor is an operator processing the data on the Customer's instructions. The Customer's setup of the reply agent in the Service constitutes the instruction; no separate document needs to be signed.

2. Subject and scope. The Contractor processes clients' messages, the name or nickname of the person on the social network, the stage of the conversation and the contact, if the client left one, in order to compose and send replies following the Customer's script. The processing period is the life of the Account or until the Customer instructs the data to be deleted.

3. Contractor's obligations. The Contractor processes the data only on the Customer's instructions and to provide the services; does not use the data for other purposes and does not pass them to advertising networks; ensures the confidentiality of persons with access; applies organisational and technical protection measures; keeps the main database in the Republic of Kazakhstan; engages the AI model suppliers and social networks listed in the Privacy policy and passes them only the data that is needed; when transferring data outside the Republic of Kazakhstan, acts on the basis of the data subject's consent, which the Customer secures.

4. Customer's obligations. The Customer ensures there is a legal basis for the processing, including the clients' consent where the law requires it and their separate consent to cross-border transfer; informs clients about the data processing and that replies are generated by an artificial intelligence system; does not instruct the Contractor to process biometric data or data whose processing is prohibited; gives no instructions contrary to the law.

5. Incidents and requests. The Contractor informs the Customer of a data security breach within 24 hours of discovering it and assists in responding to requests from data subjects and public authorities. The Contractor notifies the authorised body within the period set by law for data of which it is the operator.

6. Completion. When the Account is deleted, the Contractor deletes the conversations and client cards as described on the "Data deletion" page; at the Customer's request, earlier, within 3 business days. On request, the Contractor provides the information needed to confirm compliance with these terms.