USER AGREEMENT

on the use of materials, services, and functionality of the “StarGaze” software

Republic of Kazakhstan

City of Astana

Edition №1

dated “05” April 2024

This User Agreement on the use of materials, services, and functionality of the “StarGaze” software constitutes a public offer (hereinafter – the “Offer”) by the Limited Liability Partnership “Stargaze,” hereinafter referred to as the “Rightholder,” acting through its Director, appointed (elected) by the authorized body of the legal entity, Mr. Nikolay Dmitrievich Zaitsev, and establishes the terms for the use by any persons of the materials, services, and functionality of the “StarGaze” software (hereinafter – the “StarGaze Software”).

  1. The Offer is deemed published from the moment it is posted at: https://stargaz.ae/eula, and it remains in effect for the entire period of its publication at that address. If this Offer is fully removed or modified by composing a new version and posting it at the address mentioned in this paragraph, the current Offer is deemed withdrawn and ceases to be in effect as of the date indicated in the new version or as of the date of removal.
  2. This Offer is not irrevocable. The term for withdrawing the Offer is equal to its validity period, as established herein (the Offer may be withdrawn at any time during its validity).
  3. This Offer is a public offer.
  4. Proper acceptance of this Offer (acceptance) is the action of registering in the “StarGaze” Software in accordance with the functionality established by the “StarGaze” Software and/or filling out the form set forth in the “StarGaze” Software that includes an indication of acceptance of this Offer (whichever event occurs first). In any case, use (or continued use) of the materials, services, and functionality of the “StarGaze” Software by any person constitutes sufficient and conclusive confirmation of that person’s unqualified acceptance of this Offer in full.
  5. By accepting this Offer, any person confirms that when using (or continuing to use) the materials, services, and functionality of the “StarGaze” Software, they have obtained all necessary explanations regarding the procedure for using (or continuing to use) the materials, services, and functionality of the “StarGaze” Software and agree with these terms. If such a person does not agree with any provision of this Offer, the Rightholder suggests that they refuse acceptance by not using (or ceasing to use) the materials, services, and functionality of the “StarGaze” Software.
  6. Using the materials, services, and functionality of the “StarGaze” Software in violation of (or non-compliance with) any provision of this Offer is prohibited.

“StarGaze” Software – a multifunctional mobile application enhanced by artificial intelligence, intended for entertainment and learning. It provides experts with a unique opportunity to train their avatars that can respond to user inquiries, and it also allows experts to post and promote their products and educational courses. Users can interact with the experts’ avatars, ask them questions, and submit requests for various products from experts.

User – any person who uses the materials, services, and functionality of the “StarGaze” Software and accepts this User Agreement (Offer).

Expert – a User who has submitted an application, approved by the Rightholder or another designated person, which entitles them to post their services (work) via the “StarGaze” Software.

Avatar – a separate functionality, a part of the “StarGaze” Software that utilizes artificial intelligence technologies and Avatar Re-Training, allowing an Expert to offer their services (work) to Users by using this functionality.

Avatar Re-Training – the process of configuring the Avatar, conducted by the Expert via the “StarGaze” Software at their own discretion using voice or text messages, necessary for the Expert to provide services (perform work) for the Users.

  1. The “StarGaze” Software was created for entertainment, educational purposes, and to serve as a platform for Experts to offer their services (work).
  2. Exclusive rights to the “StarGaze” Software belong to the Rightholder and may be transferred by the Rightholder to other persons by methods provided by law, in the scope and subject to the restrictions determined by the Rightholder at its own discretion.
  3. The use of the materials, services, and functionality of the “StarGaze” Software is regulated by the current legislation of the Republic of Kazakhstan.
  4. To gain access to the materials, services, and functionality of the “StarGaze” Software, the User must complete a registration process, providing the required information and fulfilling other requirements specified in the “StarGaze” Software interface.
  5. To gain access to the materials, services, and functionality of the “StarGaze” Software as an Expert, the User must register as an Expert, provide the required information, and fulfill other requirements specified in the “StarGaze” Software interface.
  6. Some functionalities of the “StarGaze” Software may only be available when connected to the Internet. The User is solely responsible for obtaining and paying for such access under the terms and at the rates established by their service provider or Internet access provider.
  7. To use the “StarGaze” Software, the Rightholder may set separate conditions either through the “StarGaze” Software interface or by amending this User Agreement or publishing/approving a new version of it.
  8. All data related to the use of the “StarGaze” Software, transmitted in accordance with this Offer, is stored and processed in accordance with the Personal Data Policy approved by the Rightholder and located at: https://stargaz.ae/privacy.
  1. The Rightholder free of charge, under the terms of a simple (non-exclusive) license, grants the User a non-transferable right to use the “StarGaze” Software worldwide in the following ways:
  2. Except for the use in the scope and by the methods expressly provided for in this Offer or by law, the User is not entitled to modify, decompile, disassemble, decrypt, or otherwise manipulate the object code of the “StarGaze” Software in order to obtain information on the implementation of algorithms used in the “StarGaze” Software; nor to create derivative works based on the “StarGaze” Software; nor to enable others to do so without the Rightholder’s written consent.
  3. The User agrees not to take any actions or post comments and messages that may be regarded as violating the law or international regulations—including intellectual property, copyright, and/or related rights—and generally accepted standards of morality and decency, and also agrees not to take any actions that disrupt or may disrupt the normal functioning of the “StarGaze” Software.
  4. The use of materials from the “StarGaze” Software without the consent of the respective rightholders, as set forth in this Offer, is not permitted. When citing any material from the “StarGaze” Software, including copyrighted works, a reference to the “StarGaze” Software is mandatory.
  5. The Rightholder is not responsible for the User’s visit to and use of external resources, links to which may appear in the “StarGaze” Software. The Rightholder is not responsible and has no direct or indirect obligations to the User in connection with any potential or actual losses resulting from any content in the “StarGaze” Software, the registration of copyright or information about such registration, goods or services available on or obtained through external websites or resources, or any other User contacts entered into using information placed in the “StarGaze” Software or links to external resources.
  6. The User agrees that the Rightholder has no responsibility and no obligations in connection with advertising that may be posted in the “StarGaze” Software.
  7. The “StarGaze” Software is provided “as is.” The Rightholder makes no warranties regarding error-free and uninterrupted operation of the “StarGaze” Software or any of its individual components and/or features, nor does it guarantee its suitability for specific goals or User expectations. It does not guarantee the accuracy, precision, completeness, or timeliness of information transmitted through the “StarGaze” Software, nor does it offer any other warranties not explicitly stated in this Offer.
  8. The Rightholder is not liable for any direct or indirect consequences of any use or inability to use the “StarGaze” Software, or for any damage to the User and/or third parties resulting from any use, non-use, or inability to use the “StarGaze” Software or its individual components and/or functions, including possible errors or failures, unless otherwise explicitly specified by law.
  1. The Expert has all the rights and obligations of a User and is also liable as a User, with the reservations set forth in this Offer for Experts.
  2. The functionality of the “StarGaze” Software, intended for Experts, is provided to Users free of charge.
  3. The functionality of the “StarGaze” Software for Experts is used by Users (Experts) for educational purposes. The Expert declares and warrants that their activities carried out via the “StarGaze” Software comply with the current legislation of the Republic of Kazakhstan, as well as the legislation of the country where the Expert is a resident and/or citizen, and with international regulations. Under no circumstances shall the Rightholder be liable for any violations by the Expert of the laws of any state or international regulations.
    1. The Avatar functionality allows the Expert to transmit information to Users by generating it using artificial intelligence technologies, as well as the Avatar Re-Training technology (hereinafter – “Avatar Content”), based on the User’s request.
    2. The creation of Avatar Content is carried out automatically by the Avatar’s functionality, based on publicly available information as well as the Avatar Re-Training conducted by the Expert.
    3. Any User thereby understands that:
      1. The Rightholder does not guarantee that a response to the User’s request will be generated, nor does it guarantee the accuracy, reliability, or correctness of the Avatar Content.
      2. Under no circumstances shall the Rightholder be liable for the information contained in the Avatar Content. The Avatar Content is generated automatically; the Rightholder does not and cannot technically verify the correctness of the generated response or of all publicly available information used for training the AI model, nor the information transmitted to the “StarGaze” Software by the Expert through Avatar Re-Training.
      3. The User must independently verify the Avatar Content for accuracy, reliability, relevance, and legality before using it for any purpose and/or before further dissemination.
      4. The contents of the Avatar Content do not reflect the opinion of the Rightholder or its employees, or any other persons authorized by it, and must not be taken as guidance or advice for making decisions or taking any actions.
      5. The Avatar Content may be used for reference, entertainment, and informational purposes. It is not intended for establishing legally significant facts, confirming or disproving them.
      6. The operation of the Avatar functionality does not necessarily allow for determining the exact source of the information used for training the AI model based on publicly available data in every case.
      7. The User acknowledges that the Avatar Content is created using artificial intelligence technologies and Avatar Re-Training by the Expert; therefore, the Avatar Content may not be unique and may fully or partially coincide with the Avatar Content created (generated) based on requests from other Users.
      8. By using the Avatar Content for their own purposes, the User assumes all risks, including those related to possible infringements of exclusive or other rights of third parties.
    1. Use the Avatar for purposes that violate applicable legislation or international regulations.
    2. Use the Avatar to obtain information or carry out Avatar Re-Training with information containing:
      • Illegal and/or prohibited information.
      • Advice on circumventing the law, instructions, and guidelines on how to violate third-party rights.
      • Unethical or offensive information aimed at individuals or groups.
      • Information inciting interethnic discord, promoting hatred and/or discrimination against people based on race, ethnicity, gender, religion, social or other grounds, or defaming the honor, dignity, and/or business reputation of third parties.
      • Pornographic materials, including those involving minors.
      • Information that violates the right to privacy, contains personal data, or other restricted-access information, including commercial, banking, tax, family, medical secrets, correspondence secrecy, etc.
      • Information that infringes copyright, trademarks, means of individualization, and/or other intellectual property rights owned by third parties.
    3. Use Avatar Content for fraudulent purposes, in particular, to mislead third parties.
    4. Create products based on Avatar Content that violate applicable legislation.
  2. Rights Distribution:
    1. All rights to the “StarGaze” Software and the Avatar (as a separate functionality and part of the “StarGaze” Software) belong to the Rightholder and other lawful rightholders.
    2. Exclusive rights to the Avatar Content belong to the respective Expert who employs the Avatar functionality in their activities. The Expert accepts full responsibility for the Avatar Content, subject to the terms of this Offer.
    3. Each User agrees that the Rightholder has the right to use the User’s requests and Avatar Content for any purpose and in any manner at its discretion, worldwide and for an unlimited period, including to improve algorithms and technologies of the “StarGaze” Software, to post on the Internet in advertising and marketing materials to draw attention to the “StarGaze” Software and its individual features, and on other resources, channels, and pages owned by the Rightholder.
    4. The services for generating Avatar Content in response to a User’s request are provided in full by the Expert. The Expert acts as a service provider or contractor in generating the Avatar Content (depending on the type of relationship between the User and the Expert according to applicable law).
  1. Via the “StarGaze” Software, the Expert may provide other services to the User. In such cases, under the relevant agreement between the Expert and the User, the Expert undertakes to provide services and/or perform work without using the “StarGaze” Software. The description of these services is determined independently by the Expert, at their own discretion, within the interface of the “StarGaze” Software (hereinafter – “services”), to the User or another person indicated by the User. The User, for their part, undertakes to accept the Expert’s services.
  2. The composition, procedure, and terms of the Expert’s services are indicated in the corresponding section of the interface in the “StarGaze” Software.
  1. The Expert bears full responsibility for the information contained in the Avatar Content, subject to the terms of this Offer. Under no circumstances shall the Rightholder be liable for the information contained in the Avatar Content.
  2. The Expert bears full responsibility for any other services they provide. Under no circumstances shall the Rightholder be liable for the quality of the services provided by the Expert or for any consequences of such services.
  3. Under no circumstances shall the Rightholder be liable to the User (or any third parties) for losses, including direct, indirect, intentional, incidental, or consequential damages of any kind, arising out of this Offer and/or from the use of the “StarGaze” Software or the inability to use the “StarGaze” Software (including, but not limited to, losses resulting from the use of the “StarGaze” Software, loss of business reputation, interruption of operations, technical failure, accidents or malfunctions, or any commercial losses, expenses, or damages, as well as lost profits or unjust enrichment), even if the Rightholder was aware or should have been aware of the possibility of such losses, or if the User was notified of the possibility of such losses.
  4. The Rightholder’s liability in any event is limited to the amount of actual direct loss, provided the Rightholder is at fault.
  5. If the User violates any of the provisions of this Offer, the Rightholder reserves the right, at its own discretion, to delete any Avatar Content and any results of Avatar Re-Training, and also to restrict the User’s or Expert’s access to the “StarGaze” Software (or restrict access to specific functions if technologically feasible), completely block the User’s or Expert’s account, or take other measures to comply with legal requirements or to protect the rights and legitimate interests of third parties.
    1. The validity of this Offer extends to all subsequent updates/new versions of the “StarGaze” Software. By agreeing to install an update/new version of the “StarGaze” Software, the User agrees to the terms of this Offer for the relevant updates/new versions, unless the update/installation of the new version of the “StarGaze” Software is accompanied by a different Offer.

Limited Liability Partnership “Stargaze”
BIN 231140025583
Address: Republic of Kazakhstan, City of Astana, Almaty District, Abilai Khan Avenue, Building 23, Apt. 14, postal code 010000
Email: info@stargaz.ae
Director: N.D. Zaitsev