IZI app User agreement

This IZI Mobile App User Agreement (hereinafter - the Agreement) describes the terms and conditions of use of IZI Mobile Application (hereinafter - the App or IZI App) by users who are IZI subscribers or, if such option is provided by the Operator, subscribers of other mobile operators of both the Republic of Kazakhstan and foreign ones, or who are not mobile subscribers (hereinafter - the User).

  1. Description of IZI App

1.1. IZI App is a software designed to operate on subscriber gadgets as defined in the laws of the Republic of Kazakhstan (hereinafter - the Subscriber Gadget); It allows the User to order IZI SIM-card, join the Public Contract on IZI cellular communication services, register and activate a SIM-card, manage services, including roaming, top up and perform other actions available within IZI App functionality, using the IZI Subscriber Number according to this Agreement. IZI App is available for use with limited functionality to Users who are subscribers of another mobile network operator or non-cellular subscribers, without the need to order an IZI SIM-card and join the Public Contract for IZI cellular communication services.

IZI App provides the User with an opportunity to manage the services provided by the Operator using the following functionality:

- order a SIM card;

- select a number;

- register and activate a SIM card;

- select and pay for services;

- manage the services;

- communicate with the Operator's support service;

- check the balance on services rendered and detailing expenses;

- change a SIM card;

- other available functionality, according to the information in IZI App and on the Operator's website www.IZI.me (hereinafter - the Website).

1.2. Functionality of IZI App may be changed at the Operator's discretion and Users will be notified thereof in IZI App and on the Operator's website.

  1. IZI App Usage Procedure

2.1. To use IZI App, the User shall download IZI App from the App Store, Google Play and install IZI App on your Subscriber's gadget by following the installation instructions.

2.2. Installation of IZI App shall be carried out by the User independently. The Operator shall not be responsible if it is impossible to provide services to the User of Services due to the incompatibility of IZI App with the User's Subscriber Gadget.

2.3. To use IZI App, the User shall read this Agreement and register by following the instructions in IZI App.

2.4. When using IZI App, the User shall follow the instructions specified in IZI App.

2.5. The User shall be solely responsible for correctness and reliability of the documents used when going through the registration procedure in the App in accordance with applicable laws of the Republic of Kazakhstan.

  1. IZI App Usage Payment

3.1. For the use of the IZI App with the IZI SIM card, no fee is charged or charged. Internet traffic generated by the App when used with the IZI SIM card, within the Republic of Kazakhstan and in Roaming (on-net and international), is not paid, except for the traffic generated in roaming by the consumption of entertainment content within the IZI App (radio, playlists, video shows, movies, cartoons, games and other content available in the HUB section).

3.2. You can find the billing terms in IZI App, in the "Help" tab and on the web-site www.IZI.me on the FAQ page.

  1. Responsibility

4.1. The User shall bear responsibility for all actions performed in relation to the User's subscriber number in the App and agrees to immediately notify the Operator of any unauthorized use of the User's subscriber number or any security breach concerning the User's subscriber number. The Operator shall not be liable for any damages that the User may incur as a result of using IZI App with or without the User's knowledge.

4.2. The User shall be responsible for the loss of the password or its transmission to third parties, as well as transmission of the subscriber number to third parties through which access to IZI App is provided, and shall bear all risks and damages resulting from the loss of the password or transmission of the password and subscriber number to third parties. If the User allows a third party to use his or her Subscriber gadget from which IZI App can be accessed, this is an unconditional basis for the release of the Operator from liability for the consequences of the use of IZI App by third parties.

4.3. The User shall take appropriate measures to set up the necessary equipment to prevent third parties from using IZI App and the Operator's services in bad faith, as well as to respond promptly when such use is detected. The Operator shall not be liable for unauthorized use of IZI App, which occurred through no fault of the Operator, as well as a result of improper actions of the User in using the services and managing the connected Services.

4.4. Functionality of the IZI App shall be available to the User in full only if the User has access to the Internet in accordance with the terms of the Contract between the User and the Operator and selected Services or access to the Internet provided by third parties. The functionality of the Application is available to a limited extent for a User who is not a subscriber of the Operator.

4.5. By acceding to the Agreement the User agrees to receive materials and information from the Operator about tariffs, offers, services, promotions, products of the Operator and the Operator's partners as well as about their change or cancellation by means of push and/or SMS messages. You can unsubscribe from emailing in the IZI App.

4.6. The User shall have no right to:

4.6.1. intercept, disrupt or interfere with any information exchange not intended for the User;

4.6.2. use program codes – "viruses", "Trojan horses", "worms", "time bombs", etc., designed to distort, delete, damage, simulate or violate the integrity of the IZI App;

4.6.3. distribute bulk commercial messages (spam, prohibited by the relevant provisions of applicable law, or use IZI App for the purposes of "phishing" ("fishing" for valuable information), "pharming" (directing Internet traffic to fake websites), impersonation or creating a false impression of connection with another person or organization;

4.6.4. Send to the other Users and/or use, place in the application “izi” offensive nature content or materials potentially dangerous for minors, obscene content, other undesirable or violating the law;

4.6.5. use or attempt to use the IZI App to obstruct or inconvenience third parties, or to threaten or invade the privacy of third parties;

4.6.6. affect or attempt to affect the availability and functionality of IZI App, in particular through DOS (denial of service) or DDoS (distributed denial of service) attacks.

  1. Collection and Processing of Personal Data

5.1. Personal data of the User of IZI Mobile Application shall be collected and processed on the basis of the relevant consent provided by the User.

5.2. The possibility to use IZI App depends on the User's personal data and/or consent to its collection and processing, and in case of withdrawal of consent, the use of IZI App will be limited in whole or in part.

  1. IZI App Access Management

6.1. The User (hereinafter referred to in this section as User-1), with the consent of another User (hereinafter referred to in this section as User-2), has the opportunity to access IZI App of the User-2, which allows User-1 to manage subscriber number of User-2.

User-1 can, through his/her IZI App, initiate access to manage IZI App of User-2 by sending a corresponding request to User-2. A request for access to IZI App management (subscriber number management) from User-1 shall be sent to User-2 in IZI App, and User-2 will be informed by push notification or SMS, depending on the settings in IZI App of the User-2. If User-2 agrees to grant access to his/her IZI App management (subscriber number management), he/she confirms the corresponding request from User-1 in IZI App.

6.2. Number management shall mean connection/disconnection of services to the number, disposal of funds in the personal account, receipt of service and other information on the User's number, as well as details of services used and other actions available within the functionality of the IZI App.

6.3. By giving consent to User-1 to manage his/her IZI App (manage his/her number), User-2 assumes all risks associated with the actions of User-1 to manage the number of User-2.

6.4. Actions of User-1 in requesting User-2 to manage his/her IZI App (number management) shall be an offer of User-1 to receive access to IZI App of User-2 and manage the number of User-2.

6.5. Actions of User-2 to confirm his/her consent to provide access to his/her IZI App (number management) shall be an acceptance of the offer from User-1.

6.6. The procedure for User-1 to access IZI App of User-2 (management of number of User-2) and for User-2 to allow User-1 to manage his/her number:

6.6.1. User-1 sends a request to User-2 via IZI App to confirm his/her consent to manage the number of User-2 via IZI App.

6.6.2. The automated service system sends a request to User-2 to grant User-1 access to manage the number of User-2 via IZI App.

6.6.3. User -2 confirms the request from User-1 in IZI App and thus gives his/her consent to the provision of management of the number of User-2 to User-1.

6.6.4. User-1 gets access to manage the number of User-2.

6.6.5. User-1 and User-2 receive notifications (push message or SMS, depending on the settings) about the transfer of management of the number of User-2 to User-1.

6.7. User-2 may at any time revoke the access granted to User-1 to manage his/her IZI App (number management) via his/her IZI App. User-1 can also stop managing the number of User-2 at any time vis his/her IZI App.

  1. IZI App Usage Restrictions

7.1. The Operator may at any time limit fully or partially, temporarily or permanently the User’s ability to use the izi Application under the following conditions:

7.1.1. violation by the User of the terms of usage of IZI App;

7.1.2. if the Operator has reasons to believe that the User is using his/her IZI App to violate the law or the rights of third parties;

7.1.3. if the Operator has reasons to believe that the User is trying to use his/her IZI App in bad faith for mercenary purposes;

7.1.4. if the Operator has reasons to believe that the subscriber number is being used by third parties for fraudulent purposes or otherwise unlawfully;

7.1.5. immediately, if it is necessary due to changes in legislation and/or normative acts of authorized regulatory bodies of the Republic of Kazakhstan;

7.1.6. if the Operator's User provided incorrect, incomplete and/or distorted personal data when registering in IZI App.

7.1.7. The Operator shall not be responsible for the availability of IZI App for use in any location. The User shall use his/her IZI App on his or her own initiative and is responsible for complying with any applicable laws. The Operator reserves the right to change, suspend, delete or block the User to IZI App at any time in case of the User's violation of the terms of the Agreement, Contract and/or by order of the relevant authorized bodies of the Republic of Kazakhstan.

7.1.8. In order to register/activate and further use our IZI App, the Subscriber's gadget must be running iOS 10 or higher, or Android 4.4. or higher.

7.2. The operator shall not be responsible:

7.2.1. For the quality of services provided by other telecom operators, as well as when combining Operator services with services provided by other operators;

7.2.2. For the quality and content of services provided by third parties using the Operator's network and/or services;

7.2.3. For compliance by Users and other persons with current legislation of the Republic of Kazakhstan, including laws on protection of copyright and related rights;

7.2.4. For the content and form of advertising, informational and other materials and/or other information sent by third parties using the services to the User who has agreed to receive these materials and/or information or who has provided an opportunity for third parties to receive data about their subscriber number;

7.2.5. For the actions of the Operator's telecommunication network investigative bodies and their disclosure of information about the User and services provided to third parties, as well as for the requests of law enforcement agencies to terminate and/or limit the provision of services to the User;

7.2.6. For inaccessibility of certain hosts or resources of the World Wide Web administered by third parties;

7.2.7. For losses incurred by the User and/or third parties due to loss of the Subscriber's identification code, other codes, keys and passwords that give access to IZI App, services of the Operator and partners;

7.2.8. If it is impossible to provide services to the User if IZI App is incompatible with his/her Subscriber gadget.

7.3. The Operator shall not be liable for any direct or indirect damages caused to the User as a result of interruptions in functioning of IZI App due to technical and preventive maintenance performed on the Operator's network, as well as due to interruption of communication session, changes in the functionality of IZI App, as well as due to actions of third parties.

7.4. When using the services of IZI App, there may be restrictions for managing services, as well as during registration, due to the use of certain types of Subscriber gadgets that may not support all technical functions necessary to connect services. In this case, the Operator shall not be responsible for providing sufficient service and registration.

7.5. When using IZI App, the User shall be prohibited to:

7.5.1. use or access IZI App in any way that harms, overburdens or impairs the operation of IZI App in whole or in part;

7.5.2. change, correct, adapt, transfer, improve or otherwise prepare derivative works or improvements of IZI App;

7.5.3. provide access to IZI App to any third party (other than authorized users) or otherwise allow a third party (other than authorized users) to use or benefit from IZI App;

7.5.4. copy, modify, redesign, disassemble, decompile, decode or adapt IZI App or otherwise attempt to discover any source code or underlying technical information;

7.5.5. circumvent or violate any security device or protection used or contained in IZI App;

7.5.6. disclose the results of comparative analysis, benchmarking or analysis of IZI App to third parties;

7.5.7. use, export or re-export (directly or indirectly) our IZI App or part of it:

(a) in violation of any applicable laws; or

(b) to any country for which the United States or any other government or agency thereof requires an export license or other governmental authorization at the time of export without preliminary obtaining such license or authorization;

7.5.8. access, store or transmit any viruses, spam, malware, bulk or duplicate messages or any material during the use of IZI App that is illegal or harmful;

7.5.9. use IZI App:

(a) to attempt to gain unauthorized access to or disrupt any service, device, data, account or network;

(b) to publish, transmit, upload, link to, send or store any information that is illegal, offensive, indecent or discriminatory;

(c) to store or transmit information that infringes on the intellectual property rights of any person; or

(d) to sell, resell, license, sublicense, distribute, disclose, transfer, lease or rent the licensed software, or include the licensed software in service bureau or outsourcing offerings, equipment management or third party training.

7.6. The Operator shall be released from liability if it proves that its failure to perform or improper performance of its obligations under this Agreement resulted from:

- force majeure circumstances (fire, natural disasters, acts of war, strikes, riots, terrorist acts, weather phenomena, magnetic storms, etc.);

- issuance of an act of a state authority resulting in inability of the Operator to fulfill its obligations under the Agreement;

- the User's violation of obligations established by the legislation of the Republic of Kazakhstan and this Agreement;

- unauthorized use of the services/App by third parties;

- other actions (inaction) of third parties;

- accidents/failures on communication networks, destruction of buildings, structures and technical devices, networks, telecommunication equipment, as well as other circumstances beyond the reasonable control of the Operator.

7.7. The User shall undertake to use the services (“IZI” Radio, movies, video shows, games, music, etc.) in the “IZI” application only for personal, non-commercial use in the Republic of Kazakhstan. In case of violation of this condition the User shall bear full responsibility, stipulated by the current legislation and undertakes to compensate the rights holders, third parties all the damages caused by such violation, as well as to make all applicable payments. Adult audience only intends the services “IZI” Radio, movies, video shows, games, music in the “IZI” application, for consumption, Users are solely responsible for accessing the content of the service, which may contain information not intended for minors.

  1. Miscellaneous 

8.1. Registration in IZI App and the User's performance of actions set forth in this Agreement to begin using our IZI App shall be deemed as the User's full and unconditional consent to the terms of this Agreement and all restrictions contained herein. If the User does not agree with this Agreement, he/she shall refuse to download and install our IZI App.

8.2. The Operator reserves the right to change and/or amend this Agreement at any time by notifying the Users about it by posting information on the Operator's website or by sending SMS or push messages to the Users or by any other means determined by the Operator. Any further use of IZI App by the User after any such changes shall constitute the User's consent to such changes and/or additions.

8.3. Users shall be notified of any changes to the terms of use or inactivation of IZI App by posting them on the Operator's Site or in IZI App at least thirty (30) calendar days prior to such changes becoming effective.

8.4. In everything else that is not expressly provided for in this Agreement, the User and the Operator shall be governed by applicable law.

8.5. All disputes and disagreements under this Agreement shall be resolved by the Parties in accordance with the laws of the Republic of Kazakhstan.

8.6. This Agreement is drawn up in the state, Russian and English languages, which have the same legal force. In the event of a conflict between the versions of the Agreement in the above-mentioned languages, the Russian version of the Agreement shall prevail.

8.7. KaR-Tel LLP shall be the Operator for the purposes of this Agreement.