Public Offer

Preamble

This document is an official offer by AIDIA TECH LLP, BIN 201040000717, registered under the laws of the Republic of Kazakhstan at 104 Zhangeldin St., Almaty (the "Platform", the "Operator"), addressed to an unlimited number of persons and containing all material terms of a contract for the paid provision of access to generative AI models through the software hosted at the domain name aidia.kz (the "Offer").

The Offer is made in accordance with Articles 387, 393 and 395–397 of the Civil Code of the Republic of Kazakhstan (the "Civil Code"), Law of the Republic of Kazakhstan No. 274-IV of May 4, 2010 "On Protection of Consumer Rights", Law of the Republic of Kazakhstan No. 11-VI of July 26, 2016 "On Payments and Payment Systems", and other regulatory legal acts of the Republic of Kazakhstan.

Full and unconditional acceptance of the terms of this Offer (Acceptance) in the manner provided for in Section 3 of this Offer constitutes the conclusion of a contract on the terms set out below between the person who made the Acceptance and the Platform.

1. Terms and definitions

Unless the context expressly requires otherwise, the following terms are used in this Offer with the following meanings:

1.1. Platform — the software and hardware complex (website and/or mobile application) hosted at aidia.kz, intended to provide Users with paid access to generative AI models, operated (owned) by AIDIA TECH LLP.

1.2. Token — the Platform's internal notional accounting unit, purchased by the User for a fee and used solely to account for the volume of Services consumed within the Platform. A Token is not electronic money, a security, a means of payment towards third parties, or a digital asset within the meaning of the legislation of the Republic of Kazakhstan; it is not exchangeable for cash or non-cash money except as expressly provided in Section 7 of this Offer, and is not transferable to other Users.

1.3. AI model (Model), AI model Core — a software algorithm (neural network model) of generative artificial intelligence and/or its computing core, integrated into the Platform and providing the User with automated generation of text, graphic, audio or other content based on the User's request (prompt).

1.4. User / Payer — a legally capable natural person who has reached 18 (eighteen) years of age, or a legal entity (individual entrepreneur) acting through a duly authorized representative, that has made the Acceptance of this Offer and/or paid for Tokens.

1.5. Personal Account — the User's personal section on the Platform, access to which is granted after registration, intended for managing the Token Balance and using the Services.

1.6. Token Balance — the number of Tokens recorded in a specific User's Personal Account.

1.7. Services — the possibility, provided by the Platform for a fee, to use AI models and their Cores by way of debiting Tokens from the User's Balance.

1.8. Payment Organization (Payment Operator) — PayLink.kz LLP, a legal entity that receives and processes Users' payments in favor of the Platform under a contract concluded with the Platform, in accordance with the Law of the Republic of Kazakhstan "On Payments and Payment Systems".

1.9. Acceptance — the User's full and unconditional acceptance of the terms of this Offer in the manner provided for in Section 3 of this Offer.

1.10. Parties — the Platform and the User jointly, and each individually a "Party".

2. Subject of the Offer

2.1. The Platform undertakes to provide the User with access to the Services in the manner and on the terms of this Offer, and the User undertakes to pay for Tokens and to use the Services in accordance with this Offer and the Platform's technical regulations.

2.2. This Offer applies to all Services offered on the Platform, regardless of the number and names of specific AI models, unless the Platform has expressly established additional terms for particular Services published on the relevant pages of the Platform.

2.3. The sale of Tokens is not a sale of digital currency or the provision of a financial service; Tokens are solely an accounting mechanism for settlements for the Services provided by the Platform.

3. Acceptance of the Offer and conclusion of the contract

3.1. Acceptance of this Offer is made by the User through one of the following actions (whichever occurs first): (a) completing registration in the Personal Account while ticking the box confirming agreement with the terms of the Offer; or (b) paying for Tokens on the terms of this Offer.

3.2. In accordance with paragraph 5 of Article 395 and paragraph 3 of Article 396 of the Civil Code, Acceptance constitutes the conclusion of a contract between the User and the Platform on the terms set out in this Offer and is equivalent to concluding a contract in writing.

3.3. This Offer is recognized as a public offer within the meaning of Article 387 of the Civil Code and is addressed to an unlimited number of persons.

3.4. A person who has not reached the age of 18 or does not have full legal capacity may not make Acceptance of this Offer.

4. Tokens: nature, purchase and use

4.1. Tokens are purchased by the User by making payment in the manner provided for in Section 6 of this Offer.

4.2. The prices of Token packages, as well as the rates at which Tokens are debited for the use of specific AI models and their Cores, are set by the Platform unilaterally and published on the Platform. The Platform may change these rates; previously purchased Tokens are debited at the rates in effect at the time of their actual use, unless expressly stated otherwise on the Platform.

4.3. Tokens are used solely for settlements for the Services on the Platform and may not be transferred to another User, exchanged for money (except as provided in Section 7 of this Offer), or used outside the Platform.

4.4. The Platform may set a validity period for Tokens, upon expiry of which unused Tokens are cancelled; the User is notified thereof in the manner indicated on the Platform at least 20 (twenty) calendar days before such expiry.

5. Platform warranties

5.1. The Platform warrants to the User that each Token credited to the Token Balance on the basis of a confirmed payment provides the User with access to the use of the AI models and their Cores declared on the Platform, in a volume corresponding to the number of Tokens debited at the rates in effect at the time of use.

5.2. The warranty specified in clause 5.1 of this Section is provided subject to: (a) the User's compliance with the terms of this Offer and the Platform's technical operating regulations; and (b) the absence of force majeure and other circumstances beyond the Platform's reasonable control, including failures or shutdowns of third-party AI model providers (developers), restriction of access to relevant third-party application programming interfaces (APIs), actions of state authorities, and disruptions of communication networks and power supply.

5.3. Upon the occurrence of the circumstances specified in clause 5.2 of this Section that make it impossible to provide access to a specific AI model, the Platform undertakes, at the User's option: (a) to provide access to an AI model of similar functional purpose at no additional charge; or (b) to refund to the User the value of the unused Tokens debited for access to the unavailable AI model, in the manner provided for in Section 7 of this Offer.

5.4. The Platform does not warrant and is not liable for the content, accuracy, completeness, originality, or conformity to the User's expectations of the results generated by AI models, since such results are formed algorithmically on the basis of the User's request (prompt) and the specifics of the relevant AI model.

6. Payment procedure

6.1. Payment for Tokens is made by the User using bank payment cards of the international payment systems Visa and Mastercard, as well as by other methods published on the Platform.

6.2. Users' payments are received and processed through the Payment Organization — PayLink.kz LLP, acting under a contract concluded with the Platform and ensuring settlements in accordance with the requirements of the legislation of the Republic of Kazakhstan on payments and payment systems.

6.3. The payment procedure includes the following steps:

• the User selects a Token package and a payment method in the Personal Account;
• the User is redirected to the Payment Organization's secure payment page (interface), where the User personally enters the bank card details;
• the Payment Organization authorizes the payment in cooperation with the issuing bank of the User's card;
• based on the authorization result, the Payment Organization sends the Platform a confirmation of the transaction status (approved/declined);
• if the authorization is successful, the funds are debited from the User's card, and the corresponding number of Tokens is credited to the User's Balance in the manner provided for in Section 8 of this Offer.

6.4. The payment currency is the Kazakhstani tenge (KZT), unless otherwise indicated on the Platform.

6.5. Bank card details are entered by the User directly on the Payment Organization's side; the Platform does not receive, store, or process Users' full bank card details.

6.6. If a transaction is declined by the issuing bank or the Payment Organization on any grounds (insufficient funds, card restrictions, suspected fraud, requirements of anti-money laundering and counter-terrorist financing legislation, and others), Tokens are not credited to the User's Balance, and any funds actually debited (if any) are refunded in the manner established by the Payment Organization and the issuing bank.

7. Refund policy

7.1. Refunds of money paid for Tokens are made in the cases and in the manner provided for in this Section, as well as by the applicable legislation of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan "On Protection of Consumer Rights".

7.2. The User may apply for cancellation of a transaction and a refund of the money paid within 14 (fourteen) calendar days from the moment the Tokens are credited to the Balance, provided that the Tokens purchased under the relevant transaction have not been used (debited), in whole or in part, to access AI models.

7.3. If Tokens purchased under a single transaction have been partially used, the refund covers the monetary equivalent of the unused Token balance, calculated at the purchase price, less the fees of the Payment Organization and/or the acquiring bank actually withheld in processing the payment and its refund (if any).

7.4. No refund is made in the following cases: (a) full use of the purchased Tokens; (b) expiry of the Token validity period established by clause 4.4 of this Offer; (c) the User's breach of the terms of this Offer resulting in the blocking of the Personal Account; (d) proper provision of the Services in full, where the sole ground for the request is the User's disagreement with the result generated by an AI model on the basis of the User's correctly received and processed request.

7.5. To exercise the right to a refund, the User sends an application to admin@aidia.kz or via the feedback form in the Personal Account, indicating the transaction number, the date of payment, and the amount. The Platform considers the request within no more than 10 (ten) business days from receipt of the complete set of information required to identify the transaction.

7.6. Refunds are made by the Payment Organization to the bank card (account) from which the original payment was made, unless otherwise established by agreement of the Parties or by the requirements of the Payment Organization and/or the issuing bank. The time for crediting the refunded money depends on the rules of the issuing bank and the Payment Organization and may be up to 30 (thirty) calendar days.

7.7. Cancellation of a transaction at the Platform's initiative is carried out where signs of fraudulent actions, a technical error in crediting Tokens, or other violations are identified, of which the User is notified with the reasons for the cancellation.

8. Timing and manner of receiving the Services

8.1. Tokens are credited to the Balance of the User's Personal Account automatically and instantly — at the moment the Platform receives confirmation of a successful transaction from the Payment Organization, PayLink.kz LLP.

8.2. In the event of technical delays on the side of the Payment Organization, the issuing bank, or other payment participants, Tokens may be credited within a technological period not exceeding 24 (twenty-four) hours from receipt of the relevant confirmation.

8.3. If, upon expiry of the period specified in clause 8.2 of this Section, Tokens have not been credited to the User's Balance despite a confirmed debit of funds, the User may contact the Platform's support service using the contact details specified in Section 16 of this Offer to check the transaction status and have the Tokens credited or the money refunded.

8.4. The service of providing access to AI models is deemed rendered at the moment Tokens are actually debited from the User's Balance in connection with the processing of the relevant request.

9. Notice on retaining supporting documents

9.1. The Platform strongly recommends that the Payer retain electronic receipts, payment slips, bank statements, and/or other documents generated by the Payment Organization and/or the issuing bank as a result of completed transactions, for at least 3 (three) years from the date of the relevant operation.

9.2. These documents may be required to resolve disputes related to the processing, cancellation, or refund of payments, including transaction disputes (chargebacks), requests to the Payment Organization and/or the issuing bank, as well as to protect the Payer's rights in the manner provided for by the legislation of the Republic of Kazakhstan.

9.3. The Payer's lack of these documents does not deprive the Payer of the right to rely on other evidence of the payment, but may extend the time for consideration of the relevant request.

10. Payer data security

10.1. The Platform does not collect, process, or store Users' full bank payment card details (card number, expiry date, CVV/CVC code). These details are entered directly on the secure payment page of the Payment Organization, PayLink.kz LLP.

10.2. Data transmitted in the course of a payment is transferred using secure encryption protocols (SSL/TLS) that ensure the confidentiality and integrity of the transmitted information.

10.3. Payment processing by the Payment Organization is carried out in accordance with the international Payment Card Industry Data Security Standard (PCI DSS) on the side of PayLink.kz LLP.

10.4. The Platform applies organizational and technical information security measures, including access segregation for information systems, activity logging, and anti-fraud mechanisms to detect suspicious transactions.

10.5. If the Platform identifies signs of unauthorized use of the User's payment data, the Platform may suspend the processing of the relevant transaction and request additional identity verification from the User.

11. Rights and obligations of the Parties

11.1. The Platform may: change the composition and functionality of the AI models available on the Platform; change the rates for the Services with notice in the manner provided for in Section 14 of this Offer; suspend or terminate the User's access to the Personal Account if the User violates the terms of this Offer or the legislation of the Republic of Kazakhstan; engage third parties to perform its obligations, remaining liable to the User for their actions to the extent provided for in this Offer.

11.2. The Platform must: provide the User with access to the Services in accordance with the terms of this Offer; inform the User of changes to the terms of the Offer and the rates in the manner provided for in Section 14; consider the User's requests within the time limits provided for in this Offer.

11.3. The User may: use the Services within the limits of the Token Balance; contact the Platform's support service; claim refunds in the cases provided for in Section 7 of this Offer.

11.4. The User must: provide accurate data during registration; not use the Services or the results generated by AI models for purposes contrary to the legislation of the Republic of Kazakhstan, including the creation of prohibited or misleading content or content infringing third-party rights; independently bear the costs of bank fees charged by the User's issuing bank (if any).

12. Liability of the Parties

12.1. For non-performance or improper performance of obligations under this Offer, the Parties are liable in accordance with the legislation of the Republic of Kazakhstan and this Offer.

12.2. The Platform's aggregate liability to the User on any grounds related to the performance of this Offer is limited to the amount actually paid by the User for Tokens during the 3 (three) months preceding the relevant claim, unless otherwise provided by mandatory provisions of the legislation of the Republic of Kazakhstan.

12.3. The Platform is not liable for the content of the User's requests (prompts), for the results generated by AI models on their basis, or for the consequences of the User's use of such results.

12.4. The Parties are released from liability for non-performance of obligations if it resulted from force majeure circumstances that arose after the conclusion of the contract and that the Parties could neither foresee nor prevent by reasonable measures.

13. Dispute resolution

13.1. Disputes and disagreements arising in connection with the performance of this Offer are resolved through negotiations with mandatory compliance with the pre-trial claim procedure.

13.2. A claim is sent in writing to the e-mail address admin@aidia.kz and is considered within no more than 30 (thirty) calendar days from its receipt.

13.3. If no agreement is reached, the dispute is referred to a court in accordance with the legislation of the Republic of Kazakhstan — as a general rule, at the location of the Platform, unless otherwise provided by mandatory provisions of consumer protection legislation.

14. Amendment and termination of the Offer

14.1. The Platform may unilaterally amend this Offer by publishing a new version on the Platform at least 1 (one) calendar day before the amendments take effect, except for amendments made to comply with the requirements of the legislation of the Republic of Kazakhstan, which take effect from the moment of their publication.

14.2. The User's continued use of the Platform after the amendments take effect constitutes the User's consent to the new version of the Offer.

14.3. The User may refuse to use the Services at any time by ceasing to use the Platform, which does not release the User from performing obligations that arose before such refusal.

15. Final provisions

15.1. In all matters not regulated by this Offer, the Parties are governed by the legislation of the Republic of Kazakhstan.

15.2. The invalidity of one provision of this Offer does not entail the invalidity of its other provisions.

15.3. This Offer is publicly available on the Platform at aidia.kz and can be reviewed by any person before making Acceptance.

15.4. The processing of the User's personal data in the performance of this Offer is carried out in accordance with the Platform's Privacy Policy, which is an integral annex to this Offer.

16. Platform details

Name: AIDIA TECH LLP

• A20H4A0, Republic of Kazakhstan
• BIN: 201040000717
• Registered address: 104 Zhangeldin St., Almaty
• Support e-mail: admin@aidia.kz
• Contact phone: +7 701 714 44 43
• Platform domain name: aidia.kz