Public Offer — Terms of Use and Privacy Policy

This document constitutes a public offer and includes, inter alia, the terms of use of the website, the privacy policy, and governs the procedure for granting access to the website and software platform www.xtrack.kz (hereinafter referred to as the "Platform"), and is concluded between the owner of the Platform — LLP "Xtrack Analytics" (hereinafter referred to as the "Provider") and individuals and/or legal entities (hereinafter referred to as the "User"), jointly referred to as the "Parties".

By using the Platform, registering an Account, and paying for access, the User confirms full and unconditional acceptance of the terms of this document.

From the moment of acceptance by the User, this document shall acquire the force of a binding Agreement between the User and the Provider.

Platform / Website — the website www.xtrack.kz and the software made available through it, providing functionality for uploading, processing, and analyzing data from the Kaspi.kz platform and from Users' personal accounts who are sellers on the Kaspi.kz platform.

Provider — LLP "Xtrack Analytics", the owner of the Platform providing access thereto.

Visitor — an individual or legal entity that has accessed the Platform without registration, acceptance of this document, or payment of a subscription plan.

User — an individual or legal entity that has accepted this document, registered an Account, paid for the selected subscription plan, and has been granted the right to use the Platform within the limits of the paid plan.

Account — the User's account created upon registration and used to access the Platform's functionality.

Data — information uploaded from seller accounts on the Kaspi.kz platform, including but not limited to sales statistics, product descriptions, prices, and other information related to the User's commercial activities.

Services — provision of access to the Platform's functionality in accordance with the selected and paid subscription plan.

Artificial Intelligence (AI) — a set of algorithms, mathematical models, and technologies used in the Platform for data analysis, processing, and generation of service results.

The Provider grants the User a non-exclusive, limited right to use the Platform within the scope of the selected and paid subscription plan.

Platform functionality may include:

• uploading and processing data from the Kaspi.kz platform and Users' accounts on Kaspi.kz;
• processing and analysis of data using Artificial Intelligence technologies;
• generation of analytical reports and recommendations aimed at improving the User's business performance;
• data visualization;
• other features of the Platform.

The Provider shall have the right, at any time, to modify, supplement, restrict, suspend, or discontinue certain functionalities of the Platform without prior notice to the User.

Any results generated by the Platform are provided for informational purposes only and do not constitute a guarantee of achieving any specific result.

This Agreement shall enter into force and be deemed concluded upon the User's acceptance, registration of an Account, and payment for the selected subscription plan.

This document shall remain valid from the moment it is published on the Platform until it is withdrawn or amended by the Provider.

The Provider reserves the right to unilaterally amend or withdraw this document at any time at its sole discretion without prior notice to the User.

Any amendments shall not apply to the already paid subscription period.

The updated version of the document shall enter into force upon its publication on the Platform unless otherwise specified by the Provider.

Continued use of the Platform after the updated version comes into force shall constitute acceptance of such updated version.

The current version of this document shall always be available on the Platform, and the User shall independently monitor the applicable terms.

The price of the Services shall be determined by the subscription plans published on the Platform.

Subscription plans, their functionality, prices, promotional conditions, and other commercial terms shall be valid at the moment of their publication on the Platform.

Payment shall be made on a 100% (one hundred percent) prepayment basis after registration on the Platform and prior to the commencement of its use.

In the absence of payment, access to the Platform shall not be granted.

In the absence of repeated payment for the selected subscription plan, the Provider shall have the right to restrict or suspend access to the Platform until full payment of the outstanding amount.

Payment shall be made in the national currency of the Republic of Kazakhstan — tenge, by transferring funds to the Provider's bank account or via available electronic payment systems.

The price of the selected subscription plan shall be paid in accordance with the terms of the specific plan. The minimum subscription period is three months.

The payment obligation shall apply regardless of the actual volume of Platform usage by the User, unless otherwise expressly provided by the subscription plan.

The Provider shall have the right to unilaterally change subscription plans, their cost, and functionality for future periods.

Funds paid for access to the Platform are non-refundable, except as provided by the legislation of the Republic of Kazakhstan.

If the services provided under the subscription plan were not provided or were provided incompletely not due to the Provider's fault, the funds shall not be refunded to the User.

The User has the right to:

• use the full scope of the selected and paid subscription plan during the entire paid period;
• use all information obtained through the Services exclusively for its own purposes, within the limits established by this Agreement;
• receive from the Provider any information regarding the functioning of the selected subscription plan to the extent necessary for its effective use;
• request and receive technical support from the Provider regarding the functioning of the Platform throughout the entire paid subscription period via the communication channels specified in the "Contacts" section of the Platform.

The User undertakes to:

• use the Platform in accordance with the legislation of the Republic of Kazakhstan;
• comply with all terms of this Agreement;
• use the Platform exclusively for analyzing data related to its own commercial activities, improving its sales strategy, and optimizing product offerings on the Kaspi.kz platform;
• provide the Provider with all information and Data necessary for proper provision of the Services within the selected subscription plan;
• not transfer access to its Account to third parties;
• not interfere with the operation of the Platform;
• not attempt to gain unauthorized access;
• ensure the security of its Account credentials;
• independently bear responsibility for the safety of login credentials, passwords, access codes, and other means of authorization, as well as for all actions performed using them.

The User guarantees the legality of obtaining, using, and transferring all Data uploaded to the Platform, as well as the existence of all necessary consents, rights of third parties, and permissions required under the legislation of the Republic of Kazakhstan at the moment of acceptance of this Agreement.

All actions performed through the User's Account shall be deemed to have been performed by the User, unless it is proven that such actions were the result of unauthorized access caused by the fault of the Provider.

The User independently bears responsibility for any decisions made based on the data, analytics, and recommendations of the Platform, including the assessment of their commercial feasibility and risks.

All risks related to the User's commercial activities and decisions, including actions taken or not taken, shall not be attributed to the Provider. The User independently bears all risks associated with the use of the Platform and the results of its business activities.

The Provider has the right to:

• require the User to comply with the provisions of this Agreement;
• request from the User any information necessary for proper functioning of the Platform and the selected subscription plan.

Block and/or terminate the User's Account in case of violation of this Agreement, including but not limited to:

• late payment of the Service package (until such payment is completed);
• unauthorized access by third parties to the User's Account, including cases where such access was granted by the User (until such access is eliminated);
• detection of atypical activity when using the Account, including at the User's request;
• detection of requests that violate the legislation of the Republic of Kazakhstan;
• other cases provided for in this Agreement.

The Provider undertakes to:

• provide the User with access to the Platform within the paid subscription plan;
• provide the User with all information necessary for effective use of the Platform within reasonable limits and according to the subscription plan;
• provide technical support throughout the entire paid subscription period;
• take reasonable measures to eliminate technical issues caused by the Provider.

The Platform is provided on an "as is" and "as available" basis.

The Provider shall not be responsible for the User's expectations regarding the functionality of the Platform or its effectiveness and suitability for the User's purposes.

The Provider does not guarantee absolute accuracy, completeness, or timeliness of data, including data obtained from third-party sources.

Data processed by the Platform may originate from third-party systems, and the Provider shall not be responsible for its accuracy or relevance.

The Provider does not guarantee the absence of errors, failures, delays, temporary unavailability, or uninterrupted operation of the Platform, including during updates or maintenance.

The Provider has the right to carry out technical work, updates, and modifications, and to temporarily restrict access to the Platform.

The Provider shall provide technical support within the limits of the selected subscription plan.

Requests for technical support shall be accepted through the contact details specified on the website.

The Provider does not guarantee compatibility of the Platform with all devices, browsers, software, or third-party services.

The Platform is a data processing and visualization tool and does not provide guaranteed managerial, financial, or commercial decisions.

The User acknowledges possible technological limitations of the Platform, including potential errors, delays, and inaccuracies.

The Provider shall not be liable for:

• actions of the User;
• results of the User's commercial activities, including but not limited to financial losses, decrease in sales, or lost profits resulting from the User's decisions;
• failures, errors, or limitations of third-party services (including Kaspi.kz);
• inability to use the Platform due to reasons beyond the Provider's reasonable control.

If liability of the Provider arises, it shall be limited to the amount of the last subscription fee paid by the User, unless otherwise provided for by the legislation of the Republic of Kazakhstan. The total liability of the Provider shall in any case be limited to the total amount actually paid by the User for the most recent subscription period, regardless of the number or nature of claims.

The Platform may use proprietary artificial intelligence models and automated solutions. Such technologies are provided without guarantees of error-free operation, continuity, or absolute accuracy. All risks related to the use of AI-generated results shall be borne by the User.

The User acknowledges that the results of the Platform do not constitute professional advice or guaranteed recommendations.

The Provider shall not be liable for failure or improper performance of obligations caused by circumstances beyond its reasonable control, including but not limited to: communication failures, power outages, actions of governmental authorities, military actions, emergencies, cyberattacks, or other force majeure events.

The Parties shall be released from liability for partial or complete failure to perform obligations due to force majeure circumstances that could not have been foreseen or prevented.

The results of the Platform are informational only and do not guarantee any specific financial or commercial outcome.

All exclusive rights to the Platform, including but not limited to software code, design, algorithms, databases, interfaces, and other intellectual property, belong to the Provider.

The User is prohibited from:

• copying, reproducing, modifying, decompiling, extracting, or distributing any elements of the Platform;
• selling, granting, or transferring access to the Platform to third parties;
• using the Platform outside its intended functionality or for purposes not provided by this Agreement.

Visitors of the Platform shall also respect the Provider's intellectual property rights and may not, without prior written consent, copy, reproduce, distribute, publish, or otherwise use any materials available on the Platform.

The Provider shall ensure confidentiality of User information and apply necessary organizational and technical security measures.

General principles:

• User data is used exclusively for operation of the Platform and provision of Services;
• User data is not sold or transferred to third parties;
• data is not used for purposes unrelated to the Platform.

The Provider shall not transfer data to third parties except as required by the legislation of the Republic of Kazakhstan.

Nature of data processing — The Platform processes data solely to perform its functions, including automated processing, and returns the results to the User. Data is not used for any other purposes.

Data storage — Data may be stored temporarily and only to the extent necessary for processing. After processing, data shall be deleted or anonymized. The Platform is not intended for long-term storage of personal data.

Cookies and Analytics — Technical cookies and anonymized data may be used to ensure proper functioning of the Platform and improve the service.

The Provider may restrict, suspend, or terminate access if:

• the User violates this Agreement;
• the User violates applicable law;
• payment is not made in full or on time;
• attempts of unauthorized access or interference are detected;
• suspicious or harmful activity is detected;
• use of the Platform threatens its stability or security.

The Provider may refuse service in case of abuse or bad faith conduct.

In case of termination due to User violations, payments are non-refundable unless otherwise required by law.

The Provider may block an Account at its sole discretion in case of security risks.

The Provider may amend this Agreement.

The updated version becomes effective upon publication on the Platform.

Continued use of the Platform constitutes acceptance of the updated terms.

The Parties shall attempt to resolve disputes through negotiations.

Electronic communications (email, platform interface, messengers) shall have legal force if their delivery can be confirmed.

All disputes shall be resolved in accordance with the laws of the Republic of Kazakhstan in the courts at the Provider's location.

If any provision is held invalid, the remaining provisions shall remain in full force.

Company — LLP "XTRACK ANALYTICS"

Address — Almaty, Samal-2, building 81, office 6

BIN — 240740010615

Bank — JSC "Kaspi Bank"

BIC — CASPKZKA

Account number — KZ58722S000038598493