1. General Terms and Conditions
1.1. Our platform is a set of APIs, SDKs, tools, plugins, software code, technologies and services (hereinafter the “Platform”). The Platform is supported by Limited Company Kafedra (trade name is Aiformance), a legal entity registered under the laws of the Republic of Uzbekistan, legal address: 100001, Tashkent, Mirabad district, st. Sayhun 164, registration number 1110224 (hereinafter “Company” or “we”). Under these Terms and Conditions, we shall provide you with access to the Platform, and you shall use it in strict compliance with the terms and conditions described below.
1.2. You are reading the Terms and Conditions (hereinafter the “Terms”) that shall govern the relations between you and us and set out the terms and conditions upon which you may access and use the Platform, our services, applications and products (hereinafter jointly the “Services”). For the purposes of these Terms, the words “you”, “your” and the “User” shall mean you as a user of the services.
If you access or use the services on behalf of a company, (a) “you” and “your” shall mean a company, (b) you warrant that you are an authorized representative of the company or a person authorized by the company to accept these Terms and to consent to these terms and conditions on its behalf, and (c) your business or the company is legally and financially liable for accessing or using our services and for accessing or using your account by any other persons related to your company, including employees, agents or contractors.
After filling in the required fields and reading these Terms, you should accept these Terms by clicking the “Sign Up” or a similar button which shall be the acceptance of our offer and the entry into the contract that shall entail your obligation to comply with the terms of the Agreement.
Actual use of the Platform without signing up an account, in the form and to the extent available without signing up, shall be an acceptance of these Terms as well.
By accessing the Platform and using the Services, you acknowledge that you have read and agree with the Privacy Policy.
When transferring funds using the Platform, you agree with the offer of our bank or any other payment institution.
1.3. By signing up for the Platform, you acknowledge that you are of the eligible age for signing up in accordance with the domestic law of the county you use the Platform from and/or have obtained all necessary consents in all respects in compliance with the mentioned national legislation. Otherwise, signing up for the Platform and its use are prohibited.
1.4. These Terms, Privacy Policy and any other applicable agreements and terms and conditions incorporated in these Terms by way of reference can be found on the Platform directly or in the respective app store of your mobile device where the Platform is available for downloading. You may print or save local copies of the Terms and Privacy Policy.
1.5. If you fail to comply with these Terms, or any other applicable terms and conditions, we may suspend or terminate your account as described below.
1.6. From time to time, we make amendments to these Terms, the Privacy Policy and any other legally binding documents, for example, when we update and expand the functionality of our Services and/or the application/Platform or when there is a change in the legislation. We will use reasonable efforts to notify all Users of any material changes to these Terms and other documents within a reasonable timeframe, for example, by means of a notice on our Platform. However, you should regularly review the terms and conditions in order to check for such changes.
Your continued access to or use of the Services after the date of the new terms and conditions shall constitute your acceptance of them. If you do not agree to a new version of the Agreement or other terms and conditions or rules, you must stop using our Services/Platform.
2. Terms and Conditions of Use
2.1. Your Account
2.1.1. Signing up an Account
2.1.1.1. In order to access or use some of our services, you shall create an account (profile). When creating this account, you should provide accurate and up-to-date information. It is important that you timely update your data and any other information you provide to us to keep it up-to-date and complete.
2.1.1.2. You will need to provide your work e-mail. You may add other information on the Platform, such as a profile name. You hereby agree to receive letters to your e-mail for the purpose of confirming the number and your subsequent logging into your account pursuant to the applicable law.
2.1.1.3. The Platform registration form may request additional User information.
2.1.1.3.1. You agree that you shall be solely liable for any actions that are taken under your account. We shall not be liable if your account is hacked and your rights are violated. All actions taken by the User via e-mail shall be deemed to be taken by the User. However, do not hesitate to contact our support team for help at
[email protected].
2.1.1.4. After signing up your account, you shall have the right to fill in your account (fill in your profile) and other elements of the Platform
3. Financing our Platform. Our Fee.
3.1. You will pay for the use of the Platform by means of subscription, however, by using the Platform, you acknowledge that we may provide you with advertisements for which companies and/or other Users who promote their products or services pay us.
3.2. We shall provide you with relevant and useful advertisements without revealing your identity to the advertisers. The advertisers inform us on their business goals and the target audience they wish to provide their advertisements to. Then we provide their advertisements to individuals who might be interested in it.
4. Granting License Rights to the Platform
4.1. We respect intellectual property rights and ask you to do the same. Your access to and use of the Services shall be conditional upon your consent not to use the Services for the purpose of infringing any intellectual property rights. We reserve the right to block access to the Platform/Services and/or to delete the account of any User that infringes or allegedly infringes any copyright or other intellectual property rights, without a notice, at any time and at our sole discretion.
5. Warranties and Liability
5.1. Your Warranties and Liability
5.1.1. You warrant that you have all powers and capacity required to enter into these Terms and other rules, terms and conditions and shall be liable for assessing the accuracy, completeness and fitness of all opinions, estimates, services and other information, quality and functions of the goods provided through the Platform.
5.1.2. You may not transfer your rights or obligations under these Terms without our consent.
5.1.4. To the extent permitted by law, in case of any dispute that results from your use of our Services between you and any third parties, for example, including, but not limited to, any communications provider, copyright holder or other Users, that arises directly between you and such third parties, you shall irrevocably hold harmless and indemnify us and our partners against any complaints, claims and damages (actual and subsequent) of any kind and nature, whether or not known, arising in any way and related to such disputes.
5.2. Our warranties and liability
5.2.1. We shall have the right to assign our rights and obligations to other persons. For example, this may occur in the event of a change of ownership (due to merger, acquisition or sale of assets) or by virtue of law.
5.2.2. The Platform shall be provided “as is”, we make no warranties that:
The Platform will operate continuously and will be free from technical errors;
The Platform will meet all your expectations or requirements.
5.2.3. In the event of troubles with our Platform, we are unable to forecast all of their implications. You agree that we will not be liable for any lost profits or income, lost information or data or for any indirect, punitive or incidental damages arising out of or in connection with these Terms, even if we were aware that such damages could be incurred. Any other losses will be limited to the amount you paid to Us during the past 12 months.
6. Special Conditions
6.1. Applicable Law and Jurisdiction. These Terms, its subject matter and content shall be governed by English common law. All disputes between the parties to these Terms shall be resolved through correspondence and negotiations in the course of compulsory pre-court dispute settlement procedure (pre-action protocols).
6.2. Entire Agreement. These Terms (including all rules, terms and conditions) shall constitute the entire legal agreement between you and Us, govern your use of the Services and supersede in full any prior agreements between you and Us in relation to our Services.
6.3. Waiver. Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or right.
6.4. Partial Invalidity. If a court having jurisdiction to rule on this matter determines that any provision of these Terms is invalid, such provision will be deleted from the Agreement without affecting the remaining part of these Terms and other provisions will remain valid and enforceable.
6.5. Communication
Any notices may be sent by one party to the other party:
By e-mail to the e-mail address of the User specified by him/her when signing up or to the e-mail address of
[email protected].