> This translation is provided for convenience only. The legally binding version is the Russian text; in case of any discrepancy, the Russian version prevails.
Edition of 31 August 2026
Effective date: 31 August 2026
This User Agreement (the "Agreement") governs the use of the ADVIN digital platform and the relationship between:
Smart Advertising Systems Limited Liability Partnership, BIN 260640021998, registered address: Republic of Kazakhstan, Astana, Syganak street, building 47, floor 8, office 16, postal code 010000 (the "Administration", "we"),
and the natural or legal person using ADVIN (the "User", "you").
The Agreement has been developed in accordance with the legislation of the Republic of Kazakhstan, including the applicable provisions of the Civil Code of the Republic of Kazakhstan, the Digital Code of the Republic of Kazakhstan, and legislation on consumer protection, personal data, artificial intelligence, advertising, electronic commerce, copyright and other mandatory rules.
1. General provisions and acceptance of the Agreement
1.1. ADVIN provides Users with a technological environment for preparing and publishing orders for advertising products, printing, design, delivery, installation and related works or services; receiving proposals; communicating; selecting a counterparty; and subsequently concluding contracts directly between Users outside the Platform.
1.2. The Agreement applies to the ADVIN website, web application, mobile applications and other official interfaces, intended primarily for use within the territory of the Republic of Kazakhstan.
1.3. The User accepts the Agreement by a separate express action in the interface, including ticking a checkbox and pressing the registration or continue button. Before acceptance, the User is given the opportunity to review the text of the Agreement and to save it.
1.4. The Administration records the version of the Agreement accepted, the date and time of acceptance, the Account identifier and other technical information necessary to confirm the fact of acceptance in accordance with the legislation of the Republic of Kazakhstan.
1.5. If the User acts on behalf of a legal entity, they confirm that they hold the authority to accept the Agreement and to take the corresponding actions. The Administration may request documents confirming the authority of the director, employee or other representative.
1.6. If the User does not agree with the Agreement or does not hold the necessary authority, they must not create an Account or use Platform features that require acceptance of the Agreement.
1.7. The following documents, where published on the Platform and applicable to the relevant feature, form an integral part of the contractual relationship with the User:
- the Privacy Policy;
- the Consent to the Collection and Processing of Personal Data;
- the Register of External Services and Data Recipients;
- the Cookie, SDK and Similar Technologies Policy;
- the Platform and Moderation Rules;
- the AI Features Terms of Use;
- the Procedure for Enquiries and Complaints;
- the Procedure for Intellectual Property Complaints;
- for Providers and Designers — the Subscription Public Offer;
- other documents with which the User has been separately acquainted before using the relevant feature.
In the event of a conflict, the special document prevails in respect of the feature it governs, unless otherwise required by the legislation of the Republic of Kazakhstan.
1.8. Separate voluntary consents to marketing communications, marketing use of Content and AI training are not a condition of accepting the Agreement and apply only after the User has independently selected the corresponding feature.
2. Definitions
2.1. Platform (ADVIN) — the digital platform owned by the Administration, comprising the website, web application, mobile applications, software and related services.
2.2. Account — the User's account. One person may hold one Account and one selected role, unless the Administration has permitted otherwise in writing.
2.3. Customer — a User who posts an Order and considers proposals from Providers or Designers.
2.4. Consumer — a Customer who is a natural person acquiring goods, works or services for personal, family, household or other needs unrelated to business activity.
2.5. Provider — a legal entity, sole trader or other person who lawfully offers the manufacture of advertising products, printing, delivery, installation or related works and services.
2.6. Designer — a legal entity or natural person who lawfully offers design services, layout development, corporate identity and preparation of materials.
2.7. Professional User — a Provider or Designer using the Platform in connection with business or professional activity.
2.8. Order — a description of a need published by a Customer, containing parameters, files, the price offered by the Customer (in the interface, "Your price"), the desired deadline and other information.
2.9. Response — a communication from a Provider or Designer regarding a specific Order, containing a Proposal and/or a clarifying question relating to the Order.
2.10. Proposal — the information contained in a Response about the estimated price, timeframe, scope and terms of performing the Order.
2.11. Response Chat — a separate private conversation between the Customer and one Provider or Designer regarding a specific Order prior to the final selection. The parties' contact details are hidden in the Response Chat.
2.12. Working Chat — the continuation of the Response Chat with the selected Provider or Designer after the Order has been assigned and contact details disclosed.
2.13. Order Contract — a separate contract for the manufacture of products, performance of works or provision of services which the Customer and the selected Provider or Designer conclude themselves, where necessary, outside the Platform and without the involvement of the Administration.
2.14. Content — a User's texts, photographs, images, logos, layouts, documents, messages, reviews and other materials.
2.15. AI Features — artificial intelligence features, including assistance in preparing a brief and technical specification, analysis of materials, generation of preliminary sketches, categorisation and recommendations.
2.16. Subscription — a Professional User's paid access to selected categories of Orders and professional features on the terms of a separate Subscription Public Offer.
2.17. Profile Verification — a limited check of certain registration details and documents of the User in the manner set out in section 8 of the Agreement.
3. Status and functions of ADVIN
3.1. ADVIN is a technological and informational venue enabling Users to find one another, exchange information and select a counterparty. Users conclude the Order Contract themselves, outside the Platform, if they consider it necessary.
3.2. Unless expressly stated otherwise, the Administration:
- is not a party to the Order Contract;
- is not a manufacturer, contractor, designer, seller or performer under the Order Contract, a payment agent for settlements between the parties to such a contract, or a representative or employer of Users;
- does not accept money in payment for advertising products, works or services under the Order Contract;
- does not determine the final price, timeframe, materials, technology, or the procedure for payment and acceptance;
- does not acquire the rights and obligations of a Customer, Provider or Designer.
3.3. Settlements under the Order Contract are made directly between the parties. The Administration does not withhold or refund advance payments, payments or other amounts under the Order Contract.
3.4. The Customer's core features for creating an Order, receiving Responses and selecting a specialist are provided free of charge. Any additional paid feature may be enabled only after separate disclosure of the price and the User's express consent.
3.5. Professional Users' access to Orders and professional features is provided under a Subscription.
3.6. The Administration's actual obligations towards the User are limited to providing the Platform features expressly described in the Agreement and the special documents. The provisions of this section do not release the Administration from liability for its own breaches where such liability cannot be excluded by law.
4. Requirements for the User and the Account
4.1. An Account is created using a valid email address, via Google or Apple. Regardless of the registration method chosen, the User must confirm ownership of the email address by the means provided in the interface before registration is completed. Before registration is completed, the User states in one mandatory private field their surname, first name and patronymic, if stated in their document, in order to identify the data subject and to form the Consent to the Collection and Processing of Personal Data. This field is not published automatically and is stored separately from the public name or brand chosen by the User. An Account may be created by a natural person aged 18 or over, a natural person under 18 who has acquired full legal capacity on the grounds provided by the legislation of the Republic of Kazakhstan, or a duly authorised representative of a legal entity.
4.2. On registration, the User selects one role: Customer, Provider or Designer. The role selected cannot be changed after the Account has been created.
4.3. The User must provide accurate, up-to-date and complete information and update it in a timely manner.
4.4. Registration by email does not in itself constitute passing Profile Verification. In order to obtain verified profile status, access to particular professional features, or in other cases provided by the interface, the Administration may request the IIN/BIN, documents on registration and authority, and other necessary information. At launch, verification is available to persons holding an IIN or BIN of the Republic of Kazakhstan.
4.5. A Professional User is responsible for ensuring the lawfulness of their activity and for holding the registration, tax status, licences, permits, approvals and other documents where required.
4.6. A User acting on behalf of an organisation warrants that they hold the necessary authority. The actions of an unauthorised representative do not create an obligation on the Administration to verify the organisation's internal relationships, unless the need for additional verification followed from circumstances known to the Administration.
4.7. The User must keep their sign-in credentials confidential, must not transfer them to third parties, and must immediately report any compromise of the Account.
4.8. The User is responsible for actions taken through the Account within the limits permitted by law, except where such actions became possible as a result of a security breach on the part of the Administration or after the User gave timely notice of a compromise.
4.9. The Administration may request re-confirmation of identity, registration details or authority where there are indications of error, fraud, a change of representative or another well-founded risk.
5. Creating and publishing an Order
5.1. The Customer creates an Order manually or with the help of the available AI Features, selects the category and the method of preparing the design, states the parameters, the price offered ("Your price"), the city and the deadline, and attaches materials.
5.2. If the Customer does not know the category, they may post an Order without a category, with a description of the task and/or an attached technical specification. The manner in which such an Order is displayed is determined by the Platform's features.
5.3. The "Your price" stated by the Customer reflects the price they are offering for the order. It does not oblige a Provider or Designer to accept the order on those terms and does not become the final price until the Users agree it in an Order Contract or by another lawful means.
5.4. An Order is an invitation to Professional Users to submit Responses and does not in itself constitute a public offer by the Administration or an Order Contract.
5.5. Before publication, the Customer must check the information generated. Publication always takes place upon an express action by the Customer.
5.6. The Customer may amend or withdraw an Order until the selected Provider or Designer has been finally confirmed. After confirmation, the financial and other consequences of amendment or cancellation are determined directly by the Users under the Order Contract concluded between them, where one exists, and under the legislation of the Republic of Kazakhstan.
5.7. The Administration may review an Order before or after publication, temporarily hide it, request clarifications, or delete it where the law, the Agreement or the Platform Rules are breached.
6. Responses, Response Chats and selection of a Provider or Designer
6.1. A Provider or Designer may send one Response to an Order available to them, containing a Proposal, a clarifying question, or both a Proposal and a question. Subsequent messages regarding that Order are sent in the same Response Chat.
6.2. Where the interface applies a blind-proposal model, a Provider or Designer does not obtain access to competitors' prices and terms. A Proposal is preliminary and informational in nature and is not in itself a final offer or a concluded Order Contract.
6.3. A Response Chat is created when the first Response is sent. A Provider or Designer may be the first to write a question relating to the Order or to send a Proposal. The Customer is not obliged to reply to a Response.
6.4. A Customer may conduct separate Response Chats with several candidates simultaneously. Each such chat is private: candidates do not see each other's correspondence, questions or Proposals.
6.5. The Administration may limit the frequency of Responses and messages to prevent spam. Until the Customer has finally confirmed the selected Provider or Designer, Users are prohibited from transmitting or requesting phone numbers, email addresses, messenger addresses, links to social networks or other data enabling the interaction to continue outside the Platform. The technical means of detection and the consequences of a breach are set out in the Platform Rules.
6.6. A Response, a Response Chat, discussion of details and a preliminary selection do not in themselves assign the Order to a Professional User, do not signify the conclusion of an Order Contract, and do not make the Administration a party to the transaction.
6.7. When the Customer finally decides to work with a specific Provider or Designer, they confirm the selection by a separate action in the interface. From the moment of confirmation, the Order is assigned to the selected Professional User, the corresponding Response Chat is moved to a Working Chat, and the Platform discloses the available contact details to the parties. The correspondence history is retained.
6.8. Before confirmation, the interface must clearly state that the Order will be assigned to the selected Professional User, that the Response Chat will move to the "In progress" section, that contact details will be disclosed, and that confirmation is a technical action which does not in itself signify the signing or conclusion of an Order Contract.
6.9. After confirmation, Response Chats with candidates who were not selected are moved to an archived, read-only mode. Providers and Designers who were not selected may no longer send messages regarding that Order unless the Customer has cancelled the selection and the interface has expressly resumed the discussion.
6.10. After contact details have been disclosed, the Customer and the selected Provider or Designer agree and, where necessary, conclude the Order Contract by any lawful means outside ADVIN. The Administration does not prepare, sign, verify or store such a contract within the MVP.
6.11. Before performance and payment begin, Users are advised to record in the Order Contract at least:
- details of the parties and the authority of representatives;
- the subject matter, scope and technical specification;
- the price, advance payment and settlement procedure;
- deadlines and stages;
- materials, delivery and installation;
- the design approval procedure;
- the procedure for acceptance and remedying defects;
- warranties, liability and the consequences of cancellation;
- the necessary permits and allocation of responsibilities;
- rights to the design, layouts and other deliverables.
6.12. In the Working Chat, the parties continue the conversation already begun and may interact outside the Platform. The Administration does not monitor and cannot confirm external correspondence, contracts, payments or the parties' actions; each party retains the necessary evidence itself.
6.13. The financial and other consequences of cancellation after the selected Provider or Designer has been confirmed are determined by the Users themselves under the Order Contract, where one exists, and under the legislation of the Republic of Kazakhstan. A change in the Order's status on the Platform does not automatically terminate obligations that have arisen between Users.
7. Obligations of the parties to the Order Contract
7.1. The Customer must:
- provide accurate information and technical materials;
- hold the rights to logos, images, texts, designs and other materials submitted;
- obtain the consent of the owner of the building, premises, vehicle or other property where required;
- provide documents, approvals and permits within their control or allocated to them by the Order Contract;
- not order or require the production or placement of unlawful advertising;
- pay for work that has been duly performed and accepted, in accordance with the Order Contract.
7.2. The Provider or Designer must:
- carry out the relevant activity lawfully and discharge their tax obligations;
- provide accurate information about qualifications, equipment, experience and documents;
- perform the obligations assumed to a good standard, in good faith and within the agreed timeframe;
- comply with technical, production, construction, fire-safety, sanitary and other applicable requirements;
- hold the necessary licences, permits and approvals;
- obtain the notifications, approvals or permits for which they are responsible under the law or the Order Contract;
- ensure the safety of materials, the structure, delivery and installation within the obligations assumed;
- deliver to the Customer the documents and results provided for by the contract.
7.3. The allocation of obligations between the parties in section 7 does not replace statutory requirements and must be specified in the Order Contract.
8. Verification of Providers and Designers
8.1. A Customer confirms their email address and does not undergo document verification for ordinary use of the Account. A Provider must pass Profile Verification before sending their first Response. A Designer undergoes a simplified identity check to the extent disclosed to them before the check begins. When carrying out the relevant check, the Administration may verify only the information about the Professional User that is necessary for it, including:
- the fact of state registration;
- the correspondence of the BIN/IIN and the name;
- information about the director or representative;
- the presence of the documents provided;
- particular information about debts and status that is lawfully available from open state or other reliable sources;
- other information where there is a lawful basis and, where required, the User's consent.
8.2. The verification outcome describes only the information actually verified and the date of verification. Designations such as "BIN confirmed", "Registration details verified" or similar do not constitute a guarantee of good faith, solvency, quality, the presence of all permits, or future performance of obligations.
8.3. The Administration does not assign a "guaranteed reliable" status to a User and is not responsible for subsequent changes in their position or conduct.
8.4. The User must independently assess the counterparty, the documents, the Proposal and the risks of the transaction. Where the price is significant or the works are specialised, it is advisable to request supporting documents and professional advice.
8.5. The Administration may repeat the verification, request an update, restrict the display of the profile, or suspend access where discrepancies arise, but must provide an opportunity for explanation, except in urgent cases to prevent harm or fraud.
9. AI features
9.1. AI Features provide preliminary assistance and are also governed by separate AI Terms of Use.
9.2. AI may generate a brief, suggest parameters, analyse materials, generate preliminary sketches, determine the likely category and help compare information. AI does not conclude transactions, publish Orders, select a Professional User, or take legally significant decisions in place of the User.
9.3. AI outputs may be inaccurate, incomplete, technically unsuitable, or similar to outputs produced for other users. They do not constitute professional engineering, architectural, legal or manufacturing advice.
9.4. Final dimensions, materials, structure, price, safety and the suitability of a layout are confirmed by the User and the relevant specialist.
9.5. Where an external AI provider is used, materials may be transferred to that provider only to the extent and on the terms disclosed in the Privacy Policy and the AI Terms of Use. The list of providers may change, with the relevant information being updated in advance.
9.6. The User's Content is not used by the Administration to train artificial intelligence models without separate voluntary consent, unless expressly provided otherwise by law. Consent to the processing of a request in order to obtain a result is not consent to train a model.
9.7. The User must apply, or retain, the labelling or notice provided by the interface regarding a synthetic result where the absence of such notice could mislead others.
9.8. The Administration does not warrant the existence of exclusive rights in a result generated entirely automatically, or the absence of similarity to existing works. Before commercial use, the User must check the result and, where necessary, refine it with the involvement of a specialist.
10. Content and intellectual property
10.1. The User retains the rights to Content belonging to them.
10.2. By posting Content, the User grants the Administration a royalty-free, non-exclusive right to use it solely in order to provide, protect and improve the Platform's features: to store it, reproduce it in technical memory, convert its format and size, create previews, display it to Users within the relevant Order, Proposal or profile, and transfer it to technical contractors to the extent necessary. Improving features does not include training artificial intelligence models on the Content without separate voluntary consent.
10.3. The right under clause 10.2 applies in the territory necessary for the technical operation of the infrastructure used, for the duration of the Content's posting and for a reasonable period of retaining evidence and data relating to unresolved disputes. It does not grant the Administration the right to use the Content for advertising.
10.4. The use of a work, photograph, review, logo or other Content in ADVIN's advertising, public portfolio or social media is permitted only on the basis of the rightsholder's separate voluntary consent specifying the permitted methods of use. Withdrawal of such consent does not affect the lawfulness of use already made but ends new use within a reasonable technical period.
10.5. The User warrants that they hold the rights and permissions in respect of the Content and its transfer to other Users and technical contractors to the extent necessary for the relevant feature.
10.6. Rights to designs, layouts, source files and other deliverables created under an Order Contract are determined by that contract. Payment alone does not alter the scope of the rights transferred unless the terms of transfer or licence have been properly recorded.
10.7. Rightsholders' complaints, removal of disputed Content, the User's objections and measures against repeat infringers are governed by the Platform Rules and the legislation of the Republic of Kazakhstan.
10.8. Rights to the software, interface, databases, the ADVIN designation, the design system and other elements of the Platform belong to the Administration or its licensors. The User is granted a limited, revocable, non-transferable right to use the interface for its intended purpose for the duration of the Agreement.
11. Reviews and ratings
11.1. A review may be left only in respect of an Order that was assigned to the selected Provider or Designer in accordance with clause 6.7. In other cases, the ability to leave a review is permitted only where expressly provided by the interface and the Platform Rules.
11.2. A review must be made in good faith, relate to the transaction concerned, and must not contain insults, threats, unlawful information or personal data that is not necessary to describe the experience.
11.3. The Administration may verify the connection between a review and a transaction, request evidence, temporarily hide or delete a review, and provide the other party with an opportunity to reply or appeal.
11.4. Ratings are calculated according to the Platform's rules and are an informational indicator, not a guarantee of quality or a recommendation to enter into a contract.
12. Prohibited actions
The User is prohibited from:
12.1. Breaching the legislation of the Republic of Kazakhstan, the rights of third parties, the Agreement or the Platform's special rules.
12.2. Posting unlawful advertising, prohibited goods or services, or Content that is unlawful, discriminatory, fraudulent or infringing of intellectual property rights.
12.3. Using another person's personal data, images, logos, documents or trade secrets without a lawful basis.
12.4. Transmitting contact details or taking the interaction off the Platform before the Customer has finally confirmed the selected Provider or Designer.
12.5. Providing false registration details, forged documents or a fictitious portfolio, or impersonating another person.
12.6. Inflating ratings, creating fictitious transactions, buying reviews, or exerting pressure to change a review.
12.7. Distributing malicious code, phishing links or spam, or attempting unauthorised access.
12.8. Using bots, scrapers or other automated means to collect data without the Administration's written permission, except where expressly permitted by law.
12.9. Copying the database of Orders, profiles or Content in order to create a competing service or resell data.
12.10. Circumventing restrictions, the Subscription, quotas, security measures or a block.
13. Third-party services
13.1. For the operation of certain features, ADVIN may use authorisation services, AI providers, cloud storage, maps, notifications and payment services for the Subscription.
13.2. Before data is transferred to a third-party service, the User is provided with information to the extent required by law and the relevant documents. Where necessary, the User accepts the third-party service's terms separately.
13.3. The Administration may replace a provider while preserving lawfulness, security and material functionality. If the replacement changes the purposes or conditions of data processing, the User is notified and, where necessary, provides new consent.
13.4. The Administration is not liable for the independent actions, decisions and failures of a third-party provider beyond the Administration's control, but is liable for its own selection, configuration and use of that provider, within the limits established by law.
14. Personal data and confidentiality
14.1. Personal data is processed on the basis of a separate Privacy Policy and appropriate consent in accordance with the legislation of the Republic of Kazakhstan.
14.2. Before registration is completed, the User is given the opportunity to review the Privacy Policy. Consents which must by law be separate are not automatically included in the general acceptance of the Agreement.
14.3. The Privacy Policy must disclose the categories and sources of data, the purposes, retention periods, place of storage, recipients, cross-border transfers, external AI providers, the disclosure of contact details after the selected Provider or Designer has been confirmed, the rights of the data subject, and the procedure for reporting a security breach.
14.4. Personal data in the electronic database is stored within the territory of the Republic of Kazakhstan in accordance with the applicable requirements. Cross-border transfer is carried out only where there is a lawful basis and the necessary protective measures.
14.5. The Administration may access correspondence on the Platform only to the extent necessary for technical support, security, moderation, handling complaints and complying with legal requirements. External correspondence is not accessible to the Administration.
14.6. After an Account is deleted, the public display of data ceases or the data is anonymised, unless its continued publication is required by law or for the protection of rights. Records of the selection of a Provider or Designer, correspondence on the Platform, Subscription payment documents, evidence of violations and information about disputes may be retained for the applicable periods. If backups are introduced, the procedure for deleting copies is determined by the Privacy Policy and internal rules.
15. Subscription
15.1. The price, term, categories, auto-renewal, payment methods and refunds for the Subscription are governed by a separate Subscription Public Offer.
15.2. If an Account is blocked as a result of a confirmed substantial or repeated violation by a Professional User, the unused portion of the Subscription is not refunded to the extent permitted by law.
15.3. During a review, where access is substantially restricted and the violation has not yet been confirmed, the term of the Subscription is suspended or extended by the corresponding period.
15.4. Where blocking was applied in error, access and the Subscription term are restored. If the Administration discontinues a paid feature without any breach on the User's part, a proportionate extension, a substitute, or a refund for the period not provided is offered in accordance with the Subscription Public Offer.
16. Moderation, restrictions and blocking
16.1. The Administration may apply a warning, a request for documents, a restriction of a feature, hiding of Content, temporary suspension or blocking of the Account where there is:
- a breach of the law, the Agreement or the special rules;
- inaccurate data or documents;
- a threat to the security of the Platform or Users;
- indications of fraud;
- circumvention of the Subscription or of the prohibition on sharing contact details;
- repeated well-founded complaints;
- failure to comply with the Administration's lawful requirement to remedy a violation.
16.2. The measure must take into account the nature, consequences, repetition and urgency of the violation. Access may be restricted without prior notice where delay creates a risk of harm, a data breach, fraud, unlawful Content, or breach of an order of a state authority.
16.3. In other cases, the Administration sends a notice and, where the violation is remediable, allows a reasonable period to remedy it.
16.4. The User may appeal a measure through the support channel and attach explanations and evidence. A decision on an appeal must be reasoned.
16.5. Blocking an Account does not automatically terminate Order Contracts already concluded and does not release the User from obligations that have arisen.
16.6. The Administration may retain information about a violation to the extent and for the period necessary to prevent re-registration, protect rights and comply with the law.
17. Liability
17.1. The Administration takes reasonable organisational and technical measures for the operation and protection of the Platform but does not guarantee the absence of all errors, interruptions or incompatibility with any device.
17.2. To the extent permitted by law, the Administration is not liable for:
- the quality, safety, timing and outcome under an Order Contract;
- a party's withdrawal from a transaction or refusal to pay;
- the accuracy of Users' Content and information;
- the parties' actions after contact details have been disclosed;
- decisions taken solely on the basis of a preliminary AI output without the necessary verification;
- a temporary failure of a third-party service beyond the Administration's control;
- the consequences of a User providing incorrect data or granting a third party access to their Account.
17.3. The provisions on exclusion and limitation of liability do not apply where the harm was caused by the Administration's wilful breach or gross negligence, unlawful data processing, breach of mandatory Consumer rights, or in other cases where liability cannot be limited under the legislation of the Republic of Kazakhstan.
17.4. In relations with a User acting for business purposes, the Administration is not liable for indirect losses, lost profit, loss of expected income or of a business opportunity, unless otherwise established by mandatory rules.
17.5. The Administration's aggregate contractual liability to a Professional User for breaches relating to paid features is limited to the amount actually paid by that User for the Subscription in the six months preceding the event giving rise to the claim, except in the cases set out in clause 17.3.
17.6. Liability to a Consumer and liability unrelated to the Subscription is determined by the legislation of the Republic of Kazakhstan, without applying any term that would unlawfully diminish mandatory rights.
17.7. The User shall compensate the Administration for documented direct losses caused by the User's culpable breach of the law, third-party rights, the warranties regarding Content, or the Agreement, after the User has been given an opportunity to provide an explanation. This provision does not limit Consumer rights and does not establish an automatic penalty.
18. Force majeure
18.1. A party is not liable for non-performance caused by extraordinary and unavoidable circumstances beyond its reasonable control, provided that the statutory requirements for notification and confirmation of such circumstances are observed.
18.2. Such circumstances may include natural disasters, war, civil unrest, decisions of state authorities, prolonged systemic failures of communications or power supply, cyberattacks of national scale, and other circumstances meeting the criteria established by law.
18.3. A shortage of money, personnel or equipment, or an ordinary failure by a contractor, does not in itself constitute force majeure.
19. Amendments to the Agreement
19.1. The Administration may amend the Agreement where the law, features, security measures or the Platform's business processes change.
19.2. A new edition is published with its effective date. An archive of previously effective editions is retained.
19.3. Users are notified of material changes through the Platform and/or by email at least 10 calendar days in advance, unless an urgent change is required by law or for security reasons.
19.4. Amendments do not have retroactive effect and do not alter Order Contracts already concluded.
19.5. Where the law or the nature of the change requires separate consent, continued use does not in itself replace such consent. If the User disagrees, they may cease use and delete their Account, while obligations that have already arisen remain in force.
20. Term and termination of use
20.1. The Agreement is in force from the moment of acceptance until the Account is deleted or access is terminated on the grounds set out in the Agreement.
20.2. The User may delete their Account through the interface or the support service. Before deletion, they must settle active Subscriptions and take into account existing Order Contracts.
20.3. Deletion of an Account does not cancel debts, liability, rights of defence, or provisions which by their nature continue to apply, including terms on evidence, intellectual property, confidentiality and dispute resolution.
20.4. Where the Platform is to be discontinued as planned, the Administration notifies Users within a reasonable period, provides an opportunity to obtain the available documents, and settles the unprovided portion of paid features.
21. Notices, support and complaints
21.1. Legally significant notices may be sent through the Account, by push notification, by email, or by another means allowing dispatch or receipt to be confirmed.
21.2. The User must keep their contact details up to date and check notices regularly.
21.3. The categories of enquiries, official channels, required information, and the procedure for registration, consideration and appeal are set out in the published Procedure for Enquiries and Complaints. The Procedure for Intellectual Property Complaints additionally applies to complaints about infringement of intellectual property rights.
21.4. A Consumer's complaint is considered within the mandatory period established by the legislation of the Republic of Kazakhstan and specified in the Procedure for Enquiries and Complaints. Reference to the Procedure does not limit mandatory Consumer rights.
21.5. Other enquiries and appeals are considered within the periods specified in the Procedure for Enquiries and Complaints, unless a special mandatory period is established by law.
22. Applicable law and disputes
22.1. The legislation of the Republic of Kazakhstan applies to the Agreement.
22.2. Before applying to a court, the parties shall seek to resolve the dispute by written claim, unless a mandatory pre-trial procedure is established otherwise.
22.3. A Consumer may use the remedies and rules of jurisdiction afforded to them by the legislation of the Republic of Kazakhstan.
22.4. Disputes with Users acting for business purposes are, failing agreement, heard by the competent court at the Administration's location, unless another exclusive jurisdiction is established by law.
22.5. A dispute between a Customer and a Provider or Designer is resolved by them independently under the Order Contract and the law. The Administration may provide information stored on the Platform to a lawful recipient but is not obliged to issue a binding decision on the recovery of money or the quality of work.
23. Final provisions
23.1. The invalidity of an individual provision does not render the remaining provisions invalid. An invalid term is replaced by the applicable rule or by an interpretation as close as possible to the lawful purpose of that term.
23.2. The Administration's failure to exercise a right in a particular case does not constitute a waiver of that right in the future.
23.3. The official versions of the Agreement in Kazakh and Russian have equal force. The English version is intended for informational convenience unless expressly stated otherwise. Discrepancies are interpreted in the manner that best accords with the legislation of the Republic of Kazakhstan and the actual purpose of the term.
23.4. The Administration may transfer its rights and obligations to a legal successor upon reorganisation or transfer of the Platform, with notice to the User and in compliance with personal data requirements and Consumer rights.
24. Administration's details
Smart Advertising Systems LLP
BIN: 260640021998
Registered address: Republic of Kazakhstan, Astana, Syganak street, building 47, floor 8, office 16, postal code 010000
Phone: +7 707 108 68 93
Email: support@advin.kz
Website: https://advin.kz
Platform hours: around the clock, 24/7, except during maintenance periods
Support hours: Monday–Friday, 09:00–18:00 Astana time