This document constitutes a public offer (the “Offer”) in accordance with Articles 369–370 of the Civil Code of the Republic of Uzbekistan and the Law of the Republic of Uzbekistan “On Electronic Commerce” No. ZRU-792 dated 29 September 2022.

The Offer sets out the terms and conditions for the use of the AIBACK software product (the “Service”, “Platform”) and the provision of related services by AIBACK (the “Company”) to legal entities and individuals (the “Client”).

Any of the following actions shall constitute acceptance of the Offer, and each of them means the Client’s full and unconditional consent to the terms of the Offer:

• Registration of an account in the Service;
• Clicking a button or ticking a checkbox stating “I agree to the terms of the offer” or similar wording;
• Payment for the Company’s services via acquiring or by invoice.

From the moment of Acceptance, an agreement is deemed concluded between the Company and the Client on the terms of this Offer (the “Agreement”).

1.1. Service (Platform, AIBACK Software) means the AIBACK software solution provided to the Client on a SaaS basis via the Internet, including the web interface, APIs, connectors, integrations and related documentation.

1.2. Personal Account means a protected section of the Service available after the Client’s authorization, through which the Client manages settings, plans, integrations and reporting.

1.3. Plan / Tariff means the package of Service functionality, usage volumes and payment amount published on the Company’s website or agreed individually.

1.4. Services means granting access to the Service, technical support, onboarding, implementation, integration setup, consulting and other services provided by the Company to the Client.

1.5. User means an individual authorized by the Client to use the Service on behalf of and in the interests of the Client.

1.6. Personal Data means any information relating to an identified or identifiable natural person processed by the Company in the course of performance of the Agreement, within the meaning of the Law of the Republic of Uzbekistan “On Personal Data” No. ZRU-547.

2.1. The Company grants the Client a non-exclusive paid right of remote access to the AIBACK Service on a SaaS basis and also provides related support and implementation services, while the Client undertakes to pay for such services in accordance with this Offer and the selected Plan.

2.2. Access is granted without transfer of source code and without installation of the software on the Client’s infrastructure, except where otherwise expressly provided in a separate written agreement.

2.3. The specific scope of functionality and usage limits is determined by the Plan selected by the Client and described on the Company’s website or in an individual commercial proposal.

3.1. The Offer shall be deemed accepted by the Client from the moment the Client performs any of the actions specified in the introductory part of the Offer: registration, payment or confirmation of consent through the Service interface.

3.2. The Agreement shall be deemed concluded and shall enter into force on the date of Acceptance and remain valid for an indefinite period until terminated by either party in accordance with the Offer.

3.3. The place of conclusion of the Agreement shall be Tashkent, Republic of Uzbekistan.

4.1. The Company shall:
4.1.1. Provide the Client with access to the Service in accordance with the selected Plan;
4.1.2. Ensure operability of the Service, except for scheduled maintenance, technical interruptions and force majeure events;
4.1.3. Provide technical support to the extent предусмотрено by the selected Plan;
4.1.4. Process the Client’s data in accordance with applicable laws of the Republic of Uzbekistan on personal data and information security.

4.2. The Client shall:
4.2.1. Provide accurate information when registering and when further using the Service;
4.2.2. Not disclose account credentials to third parties;
4.2.3. Timely pay for the Company’s services;
4.2.4. Not use the Service for sending spam, placing unlawful content, infringing third-party rights or for any other purposes contrary to the laws of the Republic of Uzbekistan;
4.2.5. Independently comply with consumer protection, personal data, advertising and other mandatory legal requirements applicable to its own activities.

4.3. The Company shall have the right to:
4.3.1. Change the functionality of the Service, the Plans and the terms of this Offer unilaterally by publishing the current version on the website;
4.3.2. Suspend the Client’s access to the Service in case of breach of the Agreement, including payment delay;
4.3.3. Use anonymized and aggregated data for analytics and improvement of the Service, provided that data subjects cannot be identified.

4.4. The Client shall have the right to:
4.4.1. Receive access to the Service within the scope of the selected Plan;
4.4.2. Receive support in accordance with the selected Plan;
4.4.3. Change the Plan in accordance with the procedure established by the Company.

5.1. Kompaniya Mijozga Servisdan faqat o‘z xo‘jalik faoliyati uchun va ruxsat etilgan funksiyalar doirasida foydalanish uchun oddiy (noeksklyuziv) litsenziya beradi.

5.2. Mijoz quyidagilarga haqli emas:
5.2.1. Servisni nusxalash, o‘zgartirish, dekompilyatsiya qilish, disassemblirovka qilish yoki boshlang‘ich kodni olishga urinish;
5.2.2. Vakolatli Foydalanuvchilardan tashqari uchinchi shaxslarga Servisga kirish imkonini berish;
5.2.3. Kompaniyaning yozma roziligisiz Shartnoma bo‘yicha huquqlarni uchinchi shaxslarga o‘tkazish.

6.1. Plans and service fees are published on the Company’s website or specified in a commercial proposal and may be changed by the Company unilaterally by publishing a new version.

6.2. Payment for services may be made:
6.2.1. By bank cards through payment aggregators and acquiring services;
6.2.2. By non-cash bank transfer based on an invoice issued by the Company.

6.3. Under the subscription model, payment shall be made in advance for the billing period unless otherwise agreed by the parties.

6.4. The payment obligation shall be deemed fulfilled from the moment the funds are credited to the Company’s bank account or the successful payment is confirmed by the payment provider.

7.1. The parties shall comply with the laws of the Republic of Uzbekistan on personal data, including the Law “On Personal Data” No. ZRU-547.

7.2. The Company processes the personal data of the Client and Users for the purposes of performance of the Agreement, operation of the Service, improvement of service quality and compliance with legal requirements.

7.3. The Client warrants that it has sufficient legal grounds to transfer to the Company the personal data of its customers, employees and users and to permit processing of such data in the Service.

7.4. The Company shall take the necessary organizational and technical measures to protect personal data against unlawful access, alteration, disclosure, blocking or destruction.

7.5. Additional data processing terms may be established by the Company’s Privacy Policy published on the website, which shall form an integral part of this Offer.

8.1. Exclusive rights to the Service, its components, design, databases, algorithms and documentation belong to the Company or to right holders who have granted the relevant rights to the Company.

8.2. The Client does not acquire any exclusive rights to intellectual property results except for the expressly granted right to use the Service under this Offer.

8.3. Use of the Company’s trade name, trademarks and other designations shall be allowed only with the Company’s written consent, except for references to AIBACK as a service being used.

9.1. The parties shall be liable in accordance with the laws of the Republic of Uzbekistan and the terms of this Offer.

9.2. The Company shall not be liable for inability to use the Service due to reasons beyond the Company’s control, including failures of the Internet network, the Client’s equipment, payment systems, communication providers or actions of state authorities.

9.3. The Company shall not be liable for indirect losses, loss of profit, loss of data or reputational damage of the Client unless otherwise expressly required by mandatory legal provisions.

9.4. The Company’s direct liability for any claims shall be limited to the amount of fees actually paid by the Client for the last 3 (three) months of using the Service, unless otherwise established by mandatory rules of law.

9.5. The Client shall be responsible for the legality of the data uploaded to and processed in the Service, compliance with third-party rights and compliance with the laws on advertising, consumer protection and personal data.

10.1. The parties shall be released from liability for partial or total failure to perform obligations under the Agreement if such failure is caused by force majeure circumstances that the parties could neither foresee nor prevent by reasonable measures.

10.2. Such circumstances include natural disasters, fires, wars, terrorist acts, mass unrest, decisions of state authorities, major communication failures and other events recognized as force majeure under applicable law.

11.1. The Agreement shall remain in force from the moment the Client accepts the Offer until termination.

11.2. The Client may withdraw from the Agreement by notifying the Company at least 15 calendar days in advance through the Personal Account or to the Company’s official email address.

11.3. The Company may suspend access to the Service or withdraw from the Agreement if the Client materially breaches the Agreement, including payment delay, unlawful use of the Service or infringement of third-party rights.

11.4. Termination of the Agreement shall not release the Client from the obligation to pay for services actually rendered and to settle any outstanding debt.

12.1. The Company may amend the terms of this Offer unilaterally by publishing a new version on the website.

12.2. Continued use of the Service after the amendments enter into force shall mean the Client’s consent to the new version of the Offer.

13.1. This Offer and relations between the parties shall be governed by the law of the Republic of Uzbekistan.

13.2. The parties shall seek to resolve all disputes and disagreements through negotiations and exchange of written claims.

13.3. If pre-trial settlement is not possible, the dispute shall be subject to consideration by the courts of the Republic of Uzbekistan at the place of registration of the Company, unless otherwise required by mandatory legal provisions.

14.1. The Offer may be published in Russian, Uzbek and English.

14.2. All language versions are intended for uniform understanding of the terms. In case of discrepancies between the texts, the Russian-language version shall prevail unless the Company expressly states otherwise.

«AIBACK»
Email: support@aiback.uz
Website: https://aiback.uz/en