USER AGREEMENT
Version dated September 01, 2026 (Version 1.1)
1. General Provisions
1.1. This User Agreement (hereinafter referred to as the "Agreement") establishes the rules for the use of the AITRIQ Platform (hereinafter referred to as the "Platform"), the requirements for permissible conduct of the User, restrictions on the use of the functional capabilities of the Platform and the consequences of breach of such requirements.
1.2. This Agreement constitutes a user agreement of an artificial intelligence system within the meaning of subclause 5) of clause 2 of Article 15 and subclause 1) of clause 1 of Article 16 of the Law of the Republic of Kazakhstan dated 17 November 2025 No. 230-VIII "On Artificial Intelligence" (hereinafter referred to as the "Artificial Intelligence Law") and is provided to the User for review prior to commencement of use of the Platform. The provisions of the Digital Code of the Republic of Kazakhstan dated 9 January 2026 No. 255-VIII (hereinafter referred to as the "Digital Code") and of the Law of the Republic of Kazakhstan dated 21 May 2013 No. 94-V "On Personal Data and Their Protection" shall also apply to the relations of the Parties.
1.3. This Agreement constitutes an integral part of the Public Offer for the Provision of Services (hereinafter referred to as the "Offer"), posted at https://aitriq.com/en/public_offer/, and applies jointly with the Offer and the Privacy Policy.
1.4. This Agreement does not regulate the terms of the rendering of Services, the procedure for payment thereof, the liability of the Parties, the procedure for processing personal data, the procedure for notifying the User or the procedure for dispute resolution — these matters are determined by the Offer and the Privacy Policy.
1.5. Use of the Platform is permitted solely subject to acceptance by the User of this Agreement, the Offer and the Privacy Policy.
1.6. In the event of conflict between the terms of this Agreement and the Offer, the provisions of the Offer shall prevail.
1.7. All periods and terms determined in calendar days shall be calculated according to the time of Almaty city, Republic of Kazakhstan (UTC+5), unless otherwise expressly specified.
2. Terms and Definitions
2.1. The terms "Platform", "Contractor", "User", "User's Clients", "Account", "Services", "AI Message", "Tariff", "Partner" are used in the meanings established by the Offer.
2.2. The terms "artificial intelligence", "artificial intelligence system", "artificial intelligence model", "result of the activity of an artificial intelligence system", "synthetic results of the activity of artificial intelligence systems", "text prompt", "machine-readable form" are used in the meanings established by Article 1 of the Artificial Intelligence Law.
2.3. AI Agent — a software module of the Platform using artificial intelligence models for automated conduct of dialogues, classification of messages, analysis of requests and automation of communications.
2.4. Communication Channel — an external messaging service (WhatsApp Business Platform, Telegram, Instagram, Threads, TikTok, web chat and others) connected by the User to the Platform for interaction with the User's Clients.
2.5. Rules of a Communication Channel — the terms of use, acceptable use policies, commercial policies and other mandatory requirements established by the owner of the relevant Communication Channel.
2.6. User's Content — messages, files, images, audio recordings, documents, text prompts, dialogue scenarios, knowledge bases and other materials uploaded or created by the User on the Platform or transmitted through it.
2.7. Mailing — the sending of uniform messages to a group of the User's Clients initiated by the User rather than by an incoming enquiry of the recipient.
3. Account
3.1. To obtain access to the functional capabilities of the Platform, the User completes registration by providing accurate and current information. The User is obliged to keep such information up to date.
3.2. The User independently ensures the confidentiality and safekeeping of the means of access to the Account, including logins, passwords, the telephone number to which the Account is linked, confirmation codes, access tokens and API keys, and bears full responsibility for all actions performed using the Account, irrespective of who actually performed such actions.
3.3. The User shall immediately notify the Contractor of any instance of unauthorized access to the Account, compromise of the means of access, as well as of the cessation of use of the telephone number linked to the Account. The procedure for amending the linked number and the allocation of risks associated with loss of control over it are established by clauses 8.1.3–8.1.5 of the Offer.
3.4. The User may grant access to the Account to its employees and other authorized persons. The User ensures compliance by such persons with the terms of this Agreement and bears responsibility for their actions as for its own.
3.5. Registration of several Accounts by one person for the purpose of circumventing the quantitative limitations of a Tariff, the terms of the Trial Period, the limitations of special Tariffs or the conditions for accrual of Referral Bonuses is not permitted.
3.6. The User may not transfer access to the Account to third parties for consideration, provide the functional capabilities of the Platform to third parties on its own behalf, or resell, lease or otherwise commercialize access to the Platform, except in cases of participation in the Contractor's partner programme on the terms of the relevant public offer or where a separate written agreement with the Contractor exists.
4. General Rules for the Use of the Platform
4.1. The User uses the Platform within its functional capabilities and for purposes not contrary to the legislation of the Republic of Kazakhstan, the legislation of the country of location of the User and the User's Clients, and the terms of this Agreement.
4.2. The User independently determines the purposes of use of the Platform, the content of the settings of AI Agents, text prompts and scenarios, as well as the composition of the data processed, and bears responsibility for the lawfulness of such use.
4.3. In accordance with clause 2 of Article 16 of the Artificial Intelligence Law, the User is obliged to use the Platform solely within the granted access rights and to comply with the rules and security measures established by the Contractor.
4.4. The User is obliged to comply with the Rules of the Communication Channels connected by the User to the Platform, as well as with the requirements of the rightholders of the integrations used.
4.5. The rights to the Platform, the scope of the licence granted to the User and the restrictions on the use of the software are determined by clauses 3.3–3.5 of the Offer.
4.6. The Platform uses cookies and similar technologies; the procedure for their application is determined by the Privacy Policy.
5. Prohibited Use
5.1. The User is prohibited from using the Platform for the creation, storage, processing or distribution of materials that:
a) violate the legislation of the Republic of Kazakhstan or other applicable legislation;
b) contain calls to violence, to the incitement of social, national, tribal, racial, class or religious discord, or propaganda of terrorism or extremism;
c) contain materials relating to the sexual exploitation of minors or other materials infringing the rights and legitimate interests of minors;
d) infringe the intellectual property rights of third parties;
e) contain defamation, insults, threats or are aimed at the persecution or harassment of persons;
f) contain malicious software, malicious code or links thereto;
g) contain knowingly false information capable of causing harm to life, health or property.
5.2. The User is prohibited from using the Platform for carrying out activities relating to:
a) the circulation of narcotic drugs, psychotropic substances and their precursors;
b) the circulation of weapons, ammunition and explosives, except for activities carried out on the basis of the relevant licence;
c) the organization and conduct of gambling outside the cases provided for by legislation;
d) the raising of funds on the principle of financial pyramids, as well as other forms of fraud;
e) the distribution of materials of a sexual nature;
f) the circumvention of sanctions restrictions, the legalization of proceeds of crime or the financing of terrorism.
5.3. The User is prohibited from performing actions aimed at:
a) disrupting the operability of the Platform, server infrastructure or connected integrations, including excessive load, automated brute-forcing and attacks of any kind;
b) circumventing technical restrictions, protection measures, quantitative limits of a Tariff or systems for accounting for AI Messages;
c) obtaining unauthorized access to the data of other Users or of the Clients of other Users;
d) researching, analysing, decompiling, disassembling or reverse engineering the program code, algorithms and architecture of the Platform, except in cases expressly provided for by the legislation of the Republic of Kazakhstan;
e) automated collection (scraping) of Platform data, save for the use of the API provided by the Contractor in accordance with its documentation.
5.4. The User is prohibited from using the Platform for processing personal data of special categories (information on health status, biometric data, information on criminal record, religious and political beliefs, as well as other information the processing of which is restricted by legislation) where the User lacks the legal grounds provided for by legislation for their processing and has not notified the Contractor thereof.
5.5. The User is prohibited from uploading to the Platform, storing and processing therein arrays of personal data formed by means of automated collection of information from open sources, social networks and other internet resources without the consent of the subjects of such data, as well as acquired from third parties without confirmation of the lawfulness of their receipt. At the Contractor's request, the User shall confirm the existence of legal grounds for processing the data uploaded by the User.
6. Allocation of Roles in the Field of Artificial Intelligence
6.1. In accordance with Article 8 of the Artificial Intelligence Law, entities participating in the creation and operation of artificial intelligence systems are obliged to exercise control over the artificial intelligence system and bear liability for the results of its activity according to their respective roles. This Section determines the roles of the Parties for the purposes of application of the said provision.
6.2. The Contractor is the owner of the artificial intelligence system — the Platform, constituting an informatization object operating on the basis of artificial intelligence models (subclause 5) of Article 1 of the Artificial Intelligence Law). The Contractor performs the obligations provided for by clause 2 of Article 15 of the Artificial Intelligence Law, including risk management of the artificial intelligence system, ensuring its security and reliability, maintaining documentation, supporting Users and providing this Agreement for review prior to commencement of use of the Platform.
6.3. The User is a user of an artificial intelligence system within the meaning of subclause 7) of Article 1 of the Artificial Intelligence Law — a person using an artificial intelligence system to perform a specific function and (or) task. The User independently determines the functions and tasks for which AI Agents are used, the content of text prompts, scenarios and knowledge bases, as well as the range of persons with whom an AI Agent enters into interaction.
6.4. By determining the settings of an AI Agent and placing it into operation in interaction with the User's Clients, the User assumes the obligations to ensure control over the results of the AI Agent's activity to the extent corresponding to its role, including the obligations provided for by Sections 7 and 8 of this Agreement.
6.5. The Contractor does not determine the content of the settings of the User's AI Agents, does not approve them and does not carry out any preliminary verification. Responsibility for the compliance of the results of the activity of AI Agents configured by the User with the requirements of the legislation of the Republic of Kazakhstan rests with the User to the extent corresponding to its role pursuant to clause 2 of Article 8 of the Artificial Intelligence Law.
6.6. The Contractor classifies the Platform by the relevant degree of risk and degree of autonomy in the manner provided for by Article 17 of the Artificial Intelligence Law. Information on the classification assigned is provided to the User upon request sent to [email protected].
7. Obligations of the User in the Use of AI Agents
Informing of interaction with artificial intelligence
7.1. Clause 1 of Article 21 of the Artificial Intelligence Law establishes the requirement to inform users that goods, works and services are produced or rendered using artificial intelligence systems. The Contractor provides the User with the technical means to fulfil the said requirement; ensuring the actual informing of the User's Clients is the obligation of the User.
7.2. The User shall ensure that the User's Clients are informed that communication is conducted using an artificial intelligence system. Informing shall be carried out in a manner ensuring the possibility of its perception without the use of methods impeding such perception, including by indication in the greeting message of the AI Agent, in the name of the AI Agent or by another available means.
7.3. The User is prohibited from configuring an AI Agent in such a way that it:
a) upon a direct question from a User's Client, denies the use of artificial intelligence or gives a knowingly false answer as to its nature;
b) presents itself as a specific individual, an employee of the User or a representative of a third party where such person is not actually participating in the communication;
c) imitates the appearance, voice or behaviour of a specific individual or reports events that did not actually occur.
7.4. The User is warned that results of the activity of an artificial intelligence system imitating the appearance, voice or behaviour of an individual, or events that did not actually occur, constitute synthetic results of the activity of artificial intelligence systems (subclause 4) of Article 1 of the Artificial Intelligence Law), the distribution of which is permitted only subject to marking in machine-readable form and accompaniment by a warning (clause 2 of Article 21 of the Artificial Intelligence Law). The User may not create such results using the Platform without prior written approval of the Contractor.
7.5. Where, as a result of the User's breach of clauses 7.2–7.4 of this Agreement, claims of third parties are brought against the Contractor or administrative or other measures are applied to it, the User shall compensate the Contractor for the losses arising in connection therewith in the manner provided for by Section 12 of this Agreement. This provision applies irrespective of the fact that responsibility for informing of synthetic results rests, by virtue of clause 3 of Article 21 of the Artificial Intelligence Law, with the owner of the artificial intelligence system: the User is liable to the Contractor for having created, by its own actions, the conditions for the breach.
Right of a User's Client to refuse interaction with AI
7.6. In accordance with subclause 6) of clause 1 of Article 16 of the Artificial Intelligence Law, a User's Client has the right to refuse interaction with an artificial intelligence system. The User shall ensure the technical and organizational capability of transferring a dialogue to an employee of the User upon receipt of the corresponding demand of a User's Client.
Automated decisions
7.6.1. Where a decision affecting the rights and legitimate interests of a User's Client is generated by an AI Agent without human involvement, the User shall ensure:
a) informing of such person that the decision was taken in an automated manner;
b) provision of a comprehensible explanation of the grounds of the decision taken, as well as of the procedure for automated processing and its possible consequences. Disclosure of the program code, parameters and algorithms of the model is not required for this purpose;
c) the possibility of raising an objection to automated processing and review of the decision with the involvement of an employee of the User;
d) consideration of an objection received within 3 (three) business days from the day of its receipt and notification of the person of the results of the consideration.
7.6.2. Where an objection or enquiry of a User's Client relating to a decision of an AI Agent configured by the User is received by the Contractor, the Contractor shall forward such communication to the User. The User shall consider the communication within the period established by subclause (d) of clause 7.6.1 and inform the Contractor of the results upon its request.
Prohibited functional capabilities
7.7. Clause 3 of Article 17 of the Artificial Intelligence Law establishes a prohibition on the creation and operation of artificial intelligence systems possessing certain functional capabilities. The User is prohibited from configuring and using AI Agents in a manner leading to the emergence of such capabilities, including for:
a) the application of subliminal, manipulative or other methods distorting the behaviour of a User's Client, restricting the ability to take informed decisions or compelling the taking of decisions capable of causing harm;
b) the exploitation of the moral or physical vulnerability of a person by reason of age, disability, social status or other circumstances for the purpose of causing harm or creating a threat thereof;
c) the evaluation and classification of individuals on the basis of their social behaviour or personal characteristics, except in the cases provided for by the laws of the Republic of Kazakhstan;
d) the collection and processing of personal data in breach of the legislation of the Republic of Kazakhstan on personal data and their protection;
e) the classification of individuals on the basis of biometric data for purposes of discrimination;
f) the determination of the emotions of an individual without their consent, except in the cases provided for by the laws of the Republic of Kazakhstan;
g) the creation and distribution of results prohibited by the laws of the Republic of Kazakhstan.
7.8. Where the User uses functional capabilities of the Platform involving the determination of the emotional state or sentiment of messages of the User's Clients, the User shall ensure that the consent of the relevant persons has been obtained or that another ground provided for by the laws of the Republic of Kazakhstan exists. The Contractor provides the said functional capabilities as a technical instrument and does not determine the purposes of their application.
Restrictions on the nature of communication
7.9. The User is prohibited from configuring AI Agents for:
a) misleading the User's Clients as to the nature, cost or characteristics of the goods and services offered, or as to the identity of the seller;
b) the provision of medical, legal, financial, psychological and other advice requiring special qualification, without indication of the automated nature of the response and without a recommendation to consult a qualified specialist;
c) interaction with minors for purposes not consistent with the legislation on the protection of the rights of minors;
d) the collection of personal data of the User's Clients by deception or in a volume exceeding that necessary for the declared purposes.
7.10. The User is prohibited from using the functional capabilities of the Platform to influence artificial intelligence models in circumvention of their designated purpose, including to extract the system instructions of the Platform, to circumvent the established limitations of the models, to generate prohibited content or to use the models for tasks unrelated to communication with the User's Clients.
7.11. The User understands that the results of the operation of AI Agents are generated by probabilistic methods and may contain inaccuracies. The procedure for applying such results and the allocation of liability are determined by clause 8.18 of the Offer.
8. Rules for Working with Communication Channels and Mailings
8.1. By connecting a Communication Channel, the User confirms that it has familiarized itself with the Rules of such Channel and undertakes to comply with them. The Rules of Communication Channels apply to the User in addition to this Agreement.
8.2. The User may carry out Mailings to the User's Clients subject to compliance with the requirements of this Section, the Rules of the Communication Channel and the legislation of the Republic of Kazakhstan.
8.2.1. The User shall ensure the existence of lawful grounds for sending messages to the User's Clients, including obtaining the recipient's consent in cases where such consent is required by legislation or by the Rules of a Communication Channel. The requirement of prior consent of the recipient is established by the rules of certain Communication Channels, including WhatsApp Business Platform, and failure to comply therewith entails the application of restrictive measures by the owner of the relevant Channel.
8.3. When carrying out Mailings, the User is prohibited from:
a) sending messages to persons who have not expressed consent to receive them, where obtaining consent is mandatory;
b) using for Mailings contact databases acquired from third parties, obtained from open sources without the consent of the subjects, or collected by automated means;
c) sending messages to persons who have previously refused to receive them;
d) carrying out Mailings unrelated to the User's activities and to the subject matter of the User's relations with the recipient;
e) using misleading information about the sender, the subject of the message, or content not corresponding to the actual offer.
8.4. The User shall ensure that recipients of Mailings have the ability to refuse further receipt thereof and shall immediately cease sending messages upon receipt of such refusal.
8.5. The User understands and accepts that the Contractor holds the status of technical provider in respect of certain Communication Channels, and that the User's breach of the Rules of a Communication Channel may entail the application of restrictive measures by the owner of such Channel both against the User and against the Contractor. The User undertakes not to perform actions creating a risk of the application of such measures.
8.6. Upon receipt by the Contractor from the owner of a Communication Channel of a notification of breach, a complaint against the User's actions or a demand for restriction, the Contractor may immediately suspend the operation of the relevant Communication Channel in the User's Account pending remedy of the breach.
8.7. Communication quality indicators (including the proportion of recipient complaints, the proportion of blocked messages and the quality rating of a number) are monitored by the owners of Communication Channels. The User shall take measures to maintain such indicators at an acceptable level. Systematic deterioration of quality indicators constitutes grounds for the application of the measures provided for by Section 11 of this Agreement.
9. Use of the API and Technical Limitations
9.1. The Contractor may provide the User with access to the application programming interface (API) of the Platform to the extent provided for by the selected Tariff.
9.2. The User uses the API in accordance with the Contractor's technical documentation and shall comply with the established limitations on the frequency and volume of requests.
9.3. The User is prohibited from: transferring API keys to third parties; using the API to provide the functional capabilities of the Platform to third parties; using the API to create software products reproducing the functionality of the Platform or competing with it.
9.4. The Contractor may establish and amend technical limitations on the use of the Platform and the API, including limitations on the frequency of requests, the volume of stored data, the number of simultaneous connections and the size of uploaded files. The applicable limitations are published in the technical documentation and in the Platform interface.
9.5. Where the established limitations are exceeded, the Contractor may temporarily restrict the processing of the User's requests without prior notice.
10. User's Content
10.1. The rights to the User's Content, as well as the scope of rights granted by the User to the Contractor in respect of such Content, are determined by clause 3.5 of the Offer and by the Privacy Policy.
10.2. Text prompts created by the User and constituting the result of the User's intellectual creative activity are recognized as objects of copyright in accordance with clause 2 of Article 23 of the Artificial Intelligence Law. This Agreement does not provide for the transfer to the Contractor of exclusive rights to such objects.
10.3. The Contractor does not carry out preliminary moderation of the User's Content and does not verify its compliance with legislation or with the terms of this Agreement.
10.4. The Contractor may restrict access to the User's Content or delete it upon receipt of a substantiated complaint of a third party, a demand of an authorized state body, or upon its own detection of a breach of the terms of Sections 5 and 7 of this Agreement.
10.5. The User shall independently ensure the safekeeping of Content significant to the User using the data export function provided for by the functional capabilities of the Platform and by the Privacy Policy. The Contractor does not provide the User with a function for creating backup copies of the User's Content.
11. Consequences of Breaches and Response Procedure
11.1. Upon detection of a breach of the terms of this Agreement, the Contractor may apply one or several of the following measures proportionate to the nature and consequences of the breach:
a) send the User a warning with a demand to remedy the breach within a reasonable period;
b) restrict access to individual functional capabilities of the Platform;
c) suspend the operation of an individual Communication Channel, AI Agent or integration;
d) delete or restrict access to the User's Content breaching the terms of this Agreement;
e) suspend the rendering of Services pursuant to clause 8.19 of the Offer;
f) terminate the contract pursuant to clause 8.20 of the Offer.
11.2. The measures provided for by subclauses (a)–(d) of clause 11.1 shall, as a rule, be applied consecutively, with prior notification of the User and the provision of an opportunity to remedy the breach.
11.3. The Contractor may apply measures immediately and without prior notice in the event of breaches creating an immediate threat to: the security of the Platform, of Users' data or of third parties; the rights and legitimate interests of minors; the life and health of citizens; the status of the Contractor in its relations with the owners of Communication Channels; as well as upon receipt of a demand of an authorized state body.
11.4. Upon detection of indications that a User's AI Agent possesses functional capabilities prohibited by clause 3 of Article 17 of the Artificial Intelligence Law, the Contractor shall take the immediate measures provided for by clause 2 of Article 18 of the Artificial Intelligence Law, including suspension of the operation of the relevant AI Agent.
11.5. The application of the measures provided for by this Section does not constitute grounds for recalculation or refund of amounts paid by the User, except in the cases provided for by the Offer and by the legislation of the Republic of Kazakhstan.
11.6. The User may appeal against the measures applied by sending a reasoned communication to the Contractor's Customer Support Service at [email protected]. The Contractor shall consider the communication within 10 (ten) business days and inform the User of the decision taken.
11.7. The Contractor accepts and considers complaints of third parties regarding the User's actions performed using the Platform. Communications shall be sent to [email protected]. The Contractor may request explanations from the User on the substance of a complaint; failure to provide explanations within the established period constitutes independent grounds for the application of the measures provided for by clause 11.1.
12. Compensation for Losses
12.1. The User undertakes to compensate the Contractor for documented losses arising as a result of the User's breach of the terms of this Agreement, the Offer, the Privacy Policy or the requirements of legislation, including:
a) amounts paid by the Contractor to third parties pursuant to their substantiated claims connected with the User's actions;
b) administrative fines and other sanctions imposed on the Contractor by authorized bodies in connection with the User's actions, including for breach of the requirements of the Artificial Intelligence Law and of the legislation on personal data;
c) expenses incurred by the Contractor in connection with the restoration of the operability of the Platform or of its status in relations with the owners of Communication Channels;
d) harm compensated by the Contractor pursuant to Article 24 of the Artificial Intelligence Law, where such harm was caused as a result of the settings of an AI Agent determined by the User.
12.2. The Contractor shall notify the User of claims brought by third parties and shall provide the User with an opportunity to participate in their settlement.
12.3. Other matters of liability of the Parties, including limitation of the Contractor's liability, are determined by Section 5 of the Offer.
13. Amendment of the Agreement
13.1. The Contractor may unilaterally amend the terms of this Agreement by posting a new version at https://aitriq.com/en/terms_of_use/ no later than 14 (fourteen) calendar days prior to the date of entry into force of the amendments.
13.2. Amendments resulting from the requirements of legislation, the requirements of authorized state bodies or amendments to the Rules of Communication Channels may be introduced within a shorter period necessary to ensure compliance with such requirements.
13.3. The User shall be notified of amendments in the manner provided for by Section 11 of the Offer. Continued use of the Platform after the entry into force of the amendments shall constitute the User's consent to the new version of this Agreement.
14. Final Provisions
14.1. This Agreement is valid indefinitely until replaced by a new version. The invalidity of individual provisions of this Agreement does not entail the invalidity of the document as a whole.
14.2. The procedure for dispute resolution, the applicable law and the procedure for exchange of legally significant communications are determined by Section 12 of the Offer.
14.3. This Agreement may be published in the Russian, Kazakh and English languages. In the event of discrepancies between the language versions, the Russian language version shall prevail.
15. Details of the Contractor
AITRIQ Limited Liability Partnership
BIN: 250940022638
Registered address: 050046, Republic of Kazakhstan, Almaty city, Satpaev street, building 90/56, office 86
Actual address: 050057, Republic of Kazakhstan, Almaty city, Bostandyk district, Satpaev street, building 63a, office 12
Email: [email protected]
Customer Support Service: [email protected]
Website: https://aitriq.com