Public offer-agreement
These Service Agreements are a public offer (in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan), through the acceptance of which CatCode LLP (hereinafter referred to as the "Contractor") proposes to conclude a service agreement for you (hereinafter referred to as the "Client") (hereinafter referred to as " Agreement") on the following conditions:
1. Basic terms
1.1. Offer - a public offer of the Contractor, addressed to any person, to conclude a license agreement with him (hereinafter referred to as the Agreement) on the existing conditions contained in the Agreement.
1.2. Acceptance - full and unconditional acceptance by the Licensee of the terms of the Agreement.
1.3. Licensor - CatCode LLP
1.4. Licensee - any individual or legal entity that has the right to use the Program in its own interest in accordance with the requirements of the current legislation of the Republic of Kazakhstan and this Agreement.
1.5. Program - any of the computer programs listed on the website https://catcode.io/en, which is a set of data and commands presented in an objective form, including source code, database, audiovisual works, functioning in addition to the Computer Program "amoCRM.ru" and "kommo.com", as well as any documentation on its use.
1.6. Simple non-exclusive license - a non-exclusive right to use a copy of the Program for your own consumption under the name designated by the Licensor, without the right to copy, remake or otherwise process.
1.7. License fee - the cost of the right to use (a simple non-exclusive license) of the Program.
1.8. Account - the "Payment" tab (or the "Widget" tab for Programs on the "Free" tariff) of the Program.
1.9. Technical support - measures carried out by the Licensor within the limits and volumes established by him to ensure the functioning of the Program, including information and consulting support for Licensees on the use of the Program.
1.2. Acceptance - full and unconditional acceptance by the Licensee of the terms of the Agreement.
1.3. Licensor - CatCode LLP
1.4. Licensee - any individual or legal entity that has the right to use the Program in its own interest in accordance with the requirements of the current legislation of the Republic of Kazakhstan and this Agreement.
1.5. Program - any of the computer programs listed on the website https://catcode.io/en, which is a set of data and commands presented in an objective form, including source code, database, audiovisual works, functioning in addition to the Computer Program "amoCRM.ru" and "kommo.com", as well as any documentation on its use.
1.6. Simple non-exclusive license - a non-exclusive right to use a copy of the Program for your own consumption under the name designated by the Licensor, without the right to copy, remake or otherwise process.
1.7. License fee - the cost of the right to use (a simple non-exclusive license) of the Program.
1.8. Account - the "Payment" tab (or the "Widget" tab for Programs on the "Free" tariff) of the Program.
1.9. Technical support - measures carried out by the Licensor within the limits and volumes established by him to ensure the functioning of the Program, including information and consulting support for Licensees on the use of the Program.
2. Subject of the agreement
2.1. The Licensor undertakes to grant the Licensee the right to use (a simple non-exclusive license) the Program, as well as additional services related to the specified Program, within the limits provided for in this Agreement.
2.2. By accepting this offer, the Parties recognize the payment of the cost of the right to use (a simple non-exclusive license) of the Program (hereinafter referred to as the License Fee) and / or payment for services under this Agreement.
2.3. The Licensor grants to the Licensee the right to use the Program without restriction on the territory in the manner and on the terms provided for by the current legislation of the Russian Federation, the Agreement and this Agreement.
2.2. By accepting this offer, the Parties recognize the payment of the cost of the right to use (a simple non-exclusive license) of the Program (hereinafter referred to as the License Fee) and / or payment for services under this Agreement.
2.3. The Licensor grants to the Licensee the right to use the Program without restriction on the territory in the manner and on the terms provided for by the current legislation of the Russian Federation, the Agreement and this Agreement.
3. Rights of the parties
3.1. The licensee has the right:
3.1.1. carry out any actions related to the operation of the Program in accordance with its purpose, as well as provide employees of the Licensee's organization with access to work in the Program;
3.1.2. the licensee has the right under this License to place in the Program the data belonging to him, if this does not violate this License Agreement and the legislation of the Republic of Kazakhstan.
3.2. The licensee is obliged:
3.2.1. use the Program only within the limits of those rights and in the ways provided for in this Agreement;
3.2.2. make payment under this Agreement, in accordance with the terms of this Agreement;
3.2.3. not cause damage to the software shell, hardware and software, node machines of the Licensor and third parties;
3.2.4. respect the copyrights of the software and documentation provided by the Licensor and / or third parties.
3.2.5. To independently get acquainted with the official information published on the website: https://catcode.io/en.
3.3. The licensee may not:
3.3.1. modify the Program;
3.3.2. copy the Program.
3.4. The licensor is obliged:
3.4.1. within 3 (three) working days from the date of fulfillment by the Licensee of payment obligations, grant the Licensee the rights to use the Program;
3.4.2. grant the right to use the Program daily and around the clock, except as otherwise specified in this Agreement;
3.4.3. provide information on working with the Program via e-mail support@catcode.io;
3.4.4. if it is technically possible to eliminate possible software failures in the operation of the Program that arose through the fault of the Licensor, based on the application of the Licensee, except in cases of violation by the Licensee of the Rules for the operation of the Program, set forth in the contents of the Program.
3.5. The licensor has the right:
3.5.1. suspend the Licensee's exercise of its right to use the Program until payment is received;
3.5.2. release new versions of the Program, establish the conditions for their provision to the Licensee, the terms of technical support and maintenance;
3.5.3. engage third parties to provide services under this Agreement;
3.5.4. make changes (additions) to this Agreement, change the procedure, scope and conditions for the provision of services unilaterally. All changes (additions) made to this agreement come into force and become binding on the Licensee from the moment they are posted on the website: https://catcode.io/en;
3.5.5. suspend access to the Program to carry out the necessary scheduled preventive and repair work on the technical resources of the Contractor, as well as unscheduled work in emergency situations;
3.5.6. interrupt access to the Program, if this, in particular, is due to the impossibility of using information and transport channels that are not the Contractor's own resources, or the action and / or inaction of third parties, if this directly affects the availability of the Program, including in an emergency.
3.1.1. carry out any actions related to the operation of the Program in accordance with its purpose, as well as provide employees of the Licensee's organization with access to work in the Program;
3.1.2. the licensee has the right under this License to place in the Program the data belonging to him, if this does not violate this License Agreement and the legislation of the Republic of Kazakhstan.
3.2. The licensee is obliged:
3.2.1. use the Program only within the limits of those rights and in the ways provided for in this Agreement;
3.2.2. make payment under this Agreement, in accordance with the terms of this Agreement;
3.2.3. not cause damage to the software shell, hardware and software, node machines of the Licensor and third parties;
3.2.4. respect the copyrights of the software and documentation provided by the Licensor and / or third parties.
3.2.5. To independently get acquainted with the official information published on the website: https://catcode.io/en.
3.3. The licensee may not:
3.3.1. modify the Program;
3.3.2. copy the Program.
3.4. The licensor is obliged:
3.4.1. within 3 (three) working days from the date of fulfillment by the Licensee of payment obligations, grant the Licensee the rights to use the Program;
3.4.2. grant the right to use the Program daily and around the clock, except as otherwise specified in this Agreement;
3.4.3. provide information on working with the Program via e-mail support@catcode.io;
3.4.4. if it is technically possible to eliminate possible software failures in the operation of the Program that arose through the fault of the Licensor, based on the application of the Licensee, except in cases of violation by the Licensee of the Rules for the operation of the Program, set forth in the contents of the Program.
3.5. The licensor has the right:
3.5.1. suspend the Licensee's exercise of its right to use the Program until payment is received;
3.5.2. release new versions of the Program, establish the conditions for their provision to the Licensee, the terms of technical support and maintenance;
3.5.3. engage third parties to provide services under this Agreement;
3.5.4. make changes (additions) to this Agreement, change the procedure, scope and conditions for the provision of services unilaterally. All changes (additions) made to this agreement come into force and become binding on the Licensee from the moment they are posted on the website: https://catcode.io/en;
3.5.5. suspend access to the Program to carry out the necessary scheduled preventive and repair work on the technical resources of the Contractor, as well as unscheduled work in emergency situations;
3.5.6. interrupt access to the Program, if this, in particular, is due to the impossibility of using information and transport channels that are not the Contractor's own resources, or the action and / or inaction of third parties, if this directly affects the availability of the Program, including in an emergency.
4. The procedure for granting rights to the program
4.1. The Licensee includes the Program in addition to the "amoCRM" or "kommo" Program on the website www.amocrm.ru or www.kommo.com in the Settings, Integrations section.
4.2. During the demo period (14 days) of using the Program, the Licensee acquires a simple non-exclusive license of the Program through:
4.2.1. Selection of the Program renewal period depending on the tariff.
4.2.2. Payment for the selected tariff by bank transfer in dollars in the Cabinet.
4.3. The "Free" tariff can be used without payment.
4.4. The Licensee, before the expiration of the test period of a copy of the Program, either acquires from the Licensor the rights to use the Program (a simple non-exclusive license) by paying the appropriate License Fee, or refuses to use the Program. Waiver of the right to use the Program is the absence of payment of the initial License Fee.
4.5. Upon payment of the License Fee, the Licensor grants the Licensee access to the Program for the selected period.
4.6. The right to use the Program is granted to the Licensee within 3 (three) working days from the moment the Licensee fulfills its payment obligations in accordance with the terms of this Agreement.
4.7. The right to use the Program to the Licensee - an individual is issued in the following order: The rights to use the Program are considered granted to the Licensee, and the Licensor's obligation to transfer the rights is fulfilled if, within five working days from the moment the Licensee fulfills its payment obligations, the Licensor does not receive reasoned written letters from the Licensee objections. After the expiration of the period specified above (five working days), the Licensee's claims regarding deficiencies in services, including in terms of quantity (volume), cost and quality, are not accepted.
4.8. In case of detection of errors in the further operation of the Program, the Licensee sends information to the Technical Support. The application is registered in the accounting system of the Licensor and the Licensor sends a response to the Licensee about the acceptance of his application, after which work begins to eliminate these shortcomings. The term and procedure for elimination is determined by the Licensor independently, depending on the technical feasibility.
4.9. When using the Program, any actions aimed at obtaining unauthorized access to the Licensor's server resources, personal credentials and other data of other clients, as well as any other data accessible via the Internet are prohibited.
4.10. The use of the Program must be carried out by the Licensee only for lawful purposes and in lawful ways.
4.11. The content of information nodes created and maintained by the Licensee is directly the responsibility of the Licensee. The Licensor does not exercise preliminary control over the content of information posted and/or distributed by the Licensee.
4.2. During the demo period (14 days) of using the Program, the Licensee acquires a simple non-exclusive license of the Program through:
4.2.1. Selection of the Program renewal period depending on the tariff.
4.2.2. Payment for the selected tariff by bank transfer in dollars in the Cabinet.
4.3. The "Free" tariff can be used without payment.
4.4. The Licensee, before the expiration of the test period of a copy of the Program, either acquires from the Licensor the rights to use the Program (a simple non-exclusive license) by paying the appropriate License Fee, or refuses to use the Program. Waiver of the right to use the Program is the absence of payment of the initial License Fee.
4.5. Upon payment of the License Fee, the Licensor grants the Licensee access to the Program for the selected period.
4.6. The right to use the Program is granted to the Licensee within 3 (three) working days from the moment the Licensee fulfills its payment obligations in accordance with the terms of this Agreement.
4.7. The right to use the Program to the Licensee - an individual is issued in the following order: The rights to use the Program are considered granted to the Licensee, and the Licensor's obligation to transfer the rights is fulfilled if, within five working days from the moment the Licensee fulfills its payment obligations, the Licensor does not receive reasoned written letters from the Licensee objections. After the expiration of the period specified above (five working days), the Licensee's claims regarding deficiencies in services, including in terms of quantity (volume), cost and quality, are not accepted.
4.8. In case of detection of errors in the further operation of the Program, the Licensee sends information to the Technical Support. The application is registered in the accounting system of the Licensor and the Licensor sends a response to the Licensee about the acceptance of his application, after which work begins to eliminate these shortcomings. The term and procedure for elimination is determined by the Licensor independently, depending on the technical feasibility.
4.9. When using the Program, any actions aimed at obtaining unauthorized access to the Licensor's server resources, personal credentials and other data of other clients, as well as any other data accessible via the Internet are prohibited.
4.10. The use of the Program must be carried out by the Licensee only for lawful purposes and in lawful ways.
4.11. The content of information nodes created and maintained by the Licensee is directly the responsibility of the Licensee. The Licensor does not exercise preliminary control over the content of information posted and/or distributed by the Licensee.
5. Payment
5.1. The license fee, as well as the cost of services provided under this agreement, are set in the Cabinet.
5.2. Payment of the License Fee under this Agreement is carried out in the order of 100% prepayment.
5.3. All settlements under this Agreement shall be made in non-cash form. The Licensee - an individual, is given the opportunity to pay under this Agreement through other payment systems, information about such opportunities is posted by the Licensor in the Cabinet.
5.4. The moment of fulfillment by the Licensee of payment obligations is the date of receipt of funds, in full, to the settlement account of the Licensor.
5.5. The currency of settlements under this Agreement is the dollars.
5.6. In the event of early termination of this Agreement for any reason, the Licensee pays a part of the price in proportion to the part of the service provided until the notice of termination of the Agreement is received and reimburses the Licensor's expenses incurred up to this point in order to fulfill the agreement, if they are not included in the specified part of the price of the service.
5.7. The Licensor has the right to unilaterally change the terms of payment to new ones, subject to prior notice to the Licensee. In case of disagreement of the Licensee with the specified changes, about which there is a written notice, the Agreement is considered terminated.
5.2. Payment of the License Fee under this Agreement is carried out in the order of 100% prepayment.
5.3. All settlements under this Agreement shall be made in non-cash form. The Licensee - an individual, is given the opportunity to pay under this Agreement through other payment systems, information about such opportunities is posted by the Licensor in the Cabinet.
5.4. The moment of fulfillment by the Licensee of payment obligations is the date of receipt of funds, in full, to the settlement account of the Licensor.
5.5. The currency of settlements under this Agreement is the dollars.
5.6. In the event of early termination of this Agreement for any reason, the Licensee pays a part of the price in proportion to the part of the service provided until the notice of termination of the Agreement is received and reimburses the Licensor's expenses incurred up to this point in order to fulfill the agreement, if they are not included in the specified part of the price of the service.
5.7. The Licensor has the right to unilaterally change the terms of payment to new ones, subject to prior notice to the Licensee. In case of disagreement of the Licensee with the specified changes, about which there is a written notice, the Agreement is considered terminated.
6. Responsibility of the parties
6.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Republic of Kazakhstan.
6.2. The Licensee uses the granted rights to use the Program at its own risk. The Licensor assumes no responsibility for the compliance of the Program with the purpose of use.
6.3. The Licensee agrees that no software is free from errors.
6.4. The Program is provided on an "as is" basis and the Licensor does not guarantee that all of its functionality will meet the expectations of the Licensee and be applicable for its specific purpose.
6.5. The Licensor does not control the placement by the Licensee of any information in the process of using the Program, does not affect its content and integrity, and also does not know and cannot know at the time of placement of this information whether it violates the rights and interests of third parties protected by law, international treaties and current legislation of the Republic of Kazakhstan.
6.6. The licensor is not responsible:
6.6.1. for any actions of the Licensee related to the use of the granted rights to use the Program;
6.6.2. for the quality of services (in particular, data transfer services) necessary to work with the Program, if they are organized by third parties not involved by the Licensor.
6.7. The Licensor shall not be liable to the Licensee for any damage, any loss of income, profits, information or savings associated with the use or inability to use the Program, including in the event of prior notice from the Licensor of the possibility of such damage, or for any claim by a third party .
6.8. The Licensee agrees that in order to work with the Program, the Licensee must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties, and the Licensor cannot be held responsible for the quality their work.
6.2. The Licensee uses the granted rights to use the Program at its own risk. The Licensor assumes no responsibility for the compliance of the Program with the purpose of use.
6.3. The Licensee agrees that no software is free from errors.
6.4. The Program is provided on an "as is" basis and the Licensor does not guarantee that all of its functionality will meet the expectations of the Licensee and be applicable for its specific purpose.
6.5. The Licensor does not control the placement by the Licensee of any information in the process of using the Program, does not affect its content and integrity, and also does not know and cannot know at the time of placement of this information whether it violates the rights and interests of third parties protected by law, international treaties and current legislation of the Republic of Kazakhstan.
6.6. The licensor is not responsible:
6.6.1. for any actions of the Licensee related to the use of the granted rights to use the Program;
6.6.2. for the quality of services (in particular, data transfer services) necessary to work with the Program, if they are organized by third parties not involved by the Licensor.
6.7. The Licensor shall not be liable to the Licensee for any damage, any loss of income, profits, information or savings associated with the use or inability to use the Program, including in the event of prior notice from the Licensor of the possibility of such damage, or for any claim by a third party .
6.8. The Licensee agrees that in order to work with the Program, the Licensee must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced and provided by third parties, and the Licensor cannot be held responsible for the quality their work.
7. Validity and termination of the contract
7.1. The Agreement comes into force from the moment the Licensee fully and unconditionally accepts the Agreement - payment of the License Fee for the right to use (a simple non-exclusive license) of the Program in full, in accordance with the terms of the License Agreement.
7.2. The term of this Agreement will be the selected term for the extension of the Program. The prolongation of the term of this Agreement in this case takes place in the manner provided for in clause 4.2. actual agreement.
7.3. All disputes and disagreements are resolved through negotiations. If disagreements and disputes cannot be resolved through negotiations, their consideration is transferred to the Arbitration Court of Almaty.
7.4. Waiver of the right to use the Program will be the requirement of the Licensee to terminate this Agreement. Refusal to use the Program, within the framework of this clause of the Agreement, entails the application of the conditions of clause 5.6. actual agreement.
7.5. In the event of termination of this Agreement by one of the Parties for any reason, the re-conclusion of the Agreement requires the consent of the Licensor.
7.2. The term of this Agreement will be the selected term for the extension of the Program. The prolongation of the term of this Agreement in this case takes place in the manner provided for in clause 4.2. actual agreement.
7.3. All disputes and disagreements are resolved through negotiations. If disagreements and disputes cannot be resolved through negotiations, their consideration is transferred to the Arbitration Court of Almaty.
7.4. Waiver of the right to use the Program will be the requirement of the Licensee to terminate this Agreement. Refusal to use the Program, within the framework of this clause of the Agreement, entails the application of the conditions of clause 5.6. actual agreement.
7.5. In the event of termination of this Agreement by one of the Parties for any reason, the re-conclusion of the Agreement requires the consent of the Licensor.
8. Personal Information
8.1. The Licensor collects and processes the personal data of the Licensee - an individual (namely: name, phone number, email address and access details to the amoCRM API) only in order to fulfill the terms of this Agreement in accordance with the Personal Data Processing Policy.
8.2. When transferring the right to the program, the Licensor receives consent from the Licensee for the collection and processing of personal data about the Licensee in order to fulfill the terms of this Agreement, as well as informing the Licensee about ongoing promotions and special offers throughout the entire term of the Agreement.
8.3. The Licensee, in turn, gives consent to the Licensor for the collection and processing of personal data by the fact of acceptance of the Agreement provided for in clause 7.1.
8.4. When collecting and processing the personal data of the Licensee, the Licensor does not pursue other goals other than those specified in clause 8.1. - 8.2. actual agreement.
8.5. Persons directly involved in the processing of the Licensee's personal data have access to personal data.
8.6. The Licensor undertakes: to keep the personal data of the Licensee confidential; prevent attempts of unauthorized use of the Licensee's personal data by third parties.
8.2. When transferring the right to the program, the Licensor receives consent from the Licensee for the collection and processing of personal data about the Licensee in order to fulfill the terms of this Agreement, as well as informing the Licensee about ongoing promotions and special offers throughout the entire term of the Agreement.
8.3. The Licensee, in turn, gives consent to the Licensor for the collection and processing of personal data by the fact of acceptance of the Agreement provided for in clause 7.1.
8.4. When collecting and processing the personal data of the Licensee, the Licensor does not pursue other goals other than those specified in clause 8.1. - 8.2. actual agreement.
8.5. Persons directly involved in the processing of the Licensee's personal data have access to personal data.
8.6. The Licensor undertakes: to keep the personal data of the Licensee confidential; prevent attempts of unauthorized use of the Licensee's personal data by third parties.
9. Licensor
CatCode LLP
Legal address: Kazakhstan, Almaty city, Auezov district, street Ryskulbekov, building 39A, postal code 050042
Business identification number: 230240043027
Bank: Bank CenterCredit
Bank identification code: KCJBKZKX
Account no.: KZ668562203129056608
Beneficiary code: 17
Legal address: Kazakhstan, Almaty city, Auezov district, street Ryskulbekov, building 39A, postal code 050042
Business identification number: 230240043027
Bank: Bank CenterCredit
Bank identification code: KCJBKZKX
Account no.: KZ668562203129056608
Beneficiary code: 17