GREEN-API WhatsApp Terms of Service.

The GREEN-API WhatsApp computer program (hereinafter referred to as the GREEN-API WhatsApp) shall provide its functionality on a fee basis. Tariffs can be found at https://green-api.com.kz/en. By proceeding to use the GREEN-API WhatsApp, you agree to the terms of the User Agreement set forth below.

1. General rules

1.1. This User Agreement (hereinafter referred to as the Agreement) shall define the general conditions for using the GREEN-API WhatsApp software on the website on the Internet at: https://green-api.com.kz/en (hereinafter referred to as the GREEN-API WhatsApp), as well as rights and obligations of the User and Licensor. This Agreement shall also apply to relations involved with the rights and interests of third parties who are not the GREEN-API WhatsApp Users, but whose rights and interests may be affected as a result of the actions of the GREEN-API WhatsApp Users.

1.2. This Agreement shall constitute an agreement between the User and the Licensor regarding the use of GREEN-API WhatsApp and its services and shall supersede all previous agreements that have taken place or may have taken place between the User and the Licensor, regardless of the form in which such agreements were reached.

1.3. The GREEN-API WhatsApp shall provide its functionality for a fee. Tariffs can be found at https://green-api.com.kz/en. The use of the GREEN-API WhatsApp on a free basis shall be allowed in cases determined by the Licensor. The Licensor shall have the right to introduce and (or) establish any restrictions regarding the functionality of the GREEN-API WhatsApp used free of charge.

1.4. This Agreement shall be legally binding agreement between the User and the Licensor, the subject of which shall be the provision of the right to use the GREEN-API WhatsApp on the terms of a simple (non-exclusive) license in accordance with its functionality by the Licensor to the User, to the extent determined by the Licensor, as well as the provision of other related services (hereinafter referred to as the Services). In addition to this Agreement, the agreement between the User and the Licensor shall include all other documents governing the provision of the Services and posted in the relevant sections of the GREEN-API WhatsApp.

1.5. The User shall be obliged to fully read and understand this Agreement before registering with the GREEN-API WhatsApp. Registration of the User in the GREEN-API WhatsApp shall mean the full and unconditional acceptance by the User of this User Agreement.

1.6. This Agreement may be amended and (or) supplemented by the Licensor unilaterally without any special notice to the User. This Agreement is an open and public document.

1.7. The User shall be obliged to regularly check the terms of this Agreement for changes and (or) additions. Continued use of the GREEN-API WhatsApp by the User after making changes and (or) additions to this Agreement shall mean acceptance and consent of the User with all such changes and (or) additions.

1.8. No provisions of this Agreement shall grant the User the right to use the trade name, trademarks, domain names and results of intellectual activity used in the GREEN-API WhatsApp, except when such use is allowed with the written and prior consent of the Licensor.

1.9. Upon registration, the User shall agree to this Agreement and assume the rights and obligations specified therein related to the use and operation of the GREEN-API WhatsApp.

1.10. Upon accepting this Agreement, the User shall confirm his consent to the processing by the Licensor of the User's personal data provided by the User during registration, as well as placed by the User voluntarily in the GREEN-API WhatsApp.

1.11. The User shall have the right to conclude a separate License Agreement with the Licensor for the use of GREEN-API WhatsApp without the restrictions established for the use of the GREEN-API WhatsApp free version.

2. Basic terms

2.1. Program is the computer program "GREEN-API WhatsApp" as a whole, and its components, which is a set of data and commands presented in an objective form, including source text, a database, audiovisual works included by the Licensor into the Program, as well as any documentation for its use.

2.2. Use of the Program is the use of functionality and (or) reproduction of one copy of the Program by installing and (or) launching it in the manner specified by the user (technical) documentation, the License Agreement and this Agreement.

2.3. Licensor is a legal entity established under the laws of the Republic of Kazakhstan - Limited Liability Partnership GREEN-API, BIN: 220940032673

2.4. Licensee is any person or legal entity that has the right to use the Program in its own interest in accordance with the requirements of the legislation of the Republic of Kazakhstan, the License Agreement and this Agreement.

2.5. License Agreement is a document on the basis of which the Licensor (or another person having the corresponding rights) provided the Program to the Licensee for its use under the terms of this Agreement. The specified document shall be drawn up in simple written form in the manner prescribed of the Civil Code of the Republic of Kazakhstan (by performing actions by the Licensee, having received a written proposal from the Licensor to conclude an offer agreement, to fulfill the terms of the agreement specified in the offer - payment of the corresponding amount), or - at the request of the Licensee - in the form of a single document signed by the parties. In the latter case, the Licensee shall ensure the production on paper, signing on its part and sending to the Licensor at the postal address specified in the License Agreement, two copies of the License Agreement, the text of which is posted by the Licensor on the Internet at https://green-api.com.kz/en/license-agreement. The Licensor shall send a copy of the License Agreement signed on its part in a return letter. It is also possible to sign a document in electronic form using software and technical capabilities used by the Licensor and the Licensee.

2.6. License Type is a tariff plan chosen by the Licensee from the list posted by the Licensor on the Internet at https://green-api.com.kz/en.

2.7. User is an individual who, on behalf of and (or) with the knowledge of the Licensee, actually uses the Program; any person who has expressed a desire to use the services provided by the Licensee, draws up an application for the intention to use these services.

2.8. Authorized user is a User registered by the Licensee in the Program and authorized in it at least once.

2.9. User Account is a record in the Licensor's system and (or) in the Program storing data that allow one to identify and authorize the User.

2.10. Registration is an action aimed at creating a User Account. Registration of the User in GREEN-API WhatsApp is free of charge and voluntary. When registering in GREEN-API, the User shall be obliged to provide the Licensor with the necessary reliable and up-to-date information. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Republic of Kazakhstan of the information provided during registration and its purity from claims of third parties.

2.11. Authorization is a permission granted by the Licensor to access the User's Personal Area, which is implemented by analyzing accounting information in the form of a unique combination of the username and password entered by the User on the GREEN-API WhatsApp authorization page, and checking its compliance with the information contained in the User Account.

2.12. User's Personal Area is a specialized closed section of the GREEN-API WhatsApp, available to the Authorized User after Registration and Authorization, and intended for the User to manage the GREEN-API WhatsApp and its settings. To enter the User's Personal Area, a unique username and password received by the User during Registration in accordance with clause 8.4. of this Agreement are used.

2.13. Promotion is an advertising campaign conducted by the Licensee in order to promote its services using the GREEN-API WhatsApp.

2.14. Customer database is information structured in a certain way about persons who expressed a desire to use the services provided by the Licensee, as well as information about the consumption of services provided by the Licensee, which was entered by the User in the GREEN-API WhatsApp.

2.15. Billing is a section of the User's Personal Area containing information on the validity period of the License, tariffs and scope of Services available to the User.

2.16. Loyalty program is a set of discounts (markups), as well as bonuses and other privileges provided by the Licensor to the Licensee, information about which is posted by the Licensor on the Internet at https://green-api.com.kz/en.

3. Subject of the agreement

3.1. The Licensor shall grant the Licensee the right to use (a simple (non-exclusive) license) the Program within its functionality by reproducing the program (connecting to the Program via the Internet), solely for independent use by the Licensee without the right to sublicense to third parties.

3.2. The Licensor shall guarantee that he has all the necessary rights to the Program to provide them to the Licensee, including the documentation for the Program.

3.3. The Licensor shall grant the Licensee the right to use the Program without restriction on the territory in the manner and on the terms provided for by the legislation of the Republic of Kazakhstan, the License Agreement and this Agreement.

3.4. The amount, procedure and conditions for payment of remuneration by the Licensee for the use of the Program shall be established by the License Agreement.

4. Copyrights and Trademarks

4.1. The Program is the result of intellectual activity and an object of copyright (Computer Program), which shall be regulated and protected by the legislation of the Republic of Kazakhstan on intellectual property and international law.

4.2. The algorithms of the Program operation and its source codes (including parts thereof) are a commercial secret of the Licensor. Any use of them or use of the Program in violation of the terms of this License Agreement shall be considered a violation of the rights of the Licensor and is a sufficient reason to deprive the Licensee of the rights granted under this License Agreement.

4.3. This Agreement shall not grant the Licensee ownership of the Program and its components, but only the right to use the Program and its components in accordance with the terms specified in this Agreement and the License Agreement.

4.4. The Licensor shall warrant that it has all the necessary rights to the Program to provide them to the Licensee, including the documentation for the Program.

4.5. This Agreement shall not grant the Licensee any rightsto use the trademarks and service marks of the Licensor and (or) its partners.

4.6. The Licensee shall not, under any circumstances, remove or make obscure information and data on copyrights, rights to trademarks, service marks, patents specified in the Program.

4.7. The Licensee shall not be entitled to copy, distribute the Program and its components in any form, including in the form of source code, by any means, including leasing, gratuitous use, or rental.

4.8. The Licensee shall not be entitled to use the Program in any way if such use contradicts or leads to a violation of this Agreement, the License Agreement or the legislation of the Republic of Kazakhstan.

4.9. The responsibility for copyright infringement shall come in accordance with the legislation of the Republic of Kazakhstan.

5. Program Terms of Use and Limitations

5.1. The Licensee shall be granted the Registration right to Register under this Agreement.

5.2. The Licensor shall not provide the Licensee with communication services, shall not organize for him the possibility of access to information systems of information and telecommunication networks, including the Internet.

5.3. The Licensee shall have the right, under this Agreement, the License Agreement and in accordance with the selected License Type, to post data belonging to him in the Program, if it does not violate this Agreement, the License Agreement and the legislation of the Republic of Kazakhstan.

5.4. The Licensee shall have the right to change, add or delete the files of the Program only in cases provided for by the legislation of the Republic of Kazakhstan on copyright.

5.5. The Licensee shall not be entitled to use the Program in any way if such use contradicts or leads to a violation of the legislation of the Republic of Kazakhstan.

5.6. In case of non-compliance with any of the clauses of this Agreement, the Licensee shall lose the right to update the Program without any notice from the Licensor.

6. Assignment (transfer) of rights to the Program

6.1. The Licensee shall have the right to assign (transfer) in full its rights and obligations under this Agreement to another person on a one-time basis only subject to the prior written consent of the Licensor. The specified right to assignment (transfer) shall not be granted to those Licensees who received the rights to use the Program as a result of a similar assignment (transfer).

6.2. Assignment (transfer) of rights under this Agreement cannot be carried out indirectly or through any third party.

6.3. Assignment (transfer) of rights and obligations shall be carried out only subject to the full and unconditional consent of the new Licensee with all the terms and conditions of this Agreement and the License Agreement.

6.4. The Licensee shall be obliged to provide the Licensor with complete data on the new Licensee in order to re-register the Program for him in accordance with this Agreement.

7. License types

7.1. The Licensee shall have the right to use the Program without payment of remuneration under the license for evaluation (trial version) for a limited period of time, determined by the conditions in force at the time of Registration, established by the Licensor and posted on the Internet at https://green-api.com.kz/en.

7.2. The Licensee shall have the right to choose on its own the appropriate License Type from the list posted by the Licensor on the Internet at https://green-api.com.kz/en.

7.3. The License Type chosen by the Licensee shall be determined by the License Agreement.

7.4. The period of validity of the license determined in accordance with the Type of License shall start being in force from the day following the date of conclusion of the License Agreement.

7.5. The Licensee shall have the right to change the License Type at any time during the entire period of validity of the license specified in the License Agreement. Wherein:

7.5.1. The validity of the purchased license will be extended by the term of the paid, but unused, current license, taking into account the tariff cost of the new license.

7.5.2. Recalculation of the cost and return of the remuneration paid in accordance with the License Agreement when acquiring the current license shall not be performed.

7.6. Upon expiration of the license, the further use of the Program by the Licensee may be restricted by the Licensor, and the User Account may be blocked.

7.7. The Licensor shall have the right to unilaterally change the Types of Licenses by posting a new list of them on the Internet at https://green-api.com.kz/en. The License Types changed in the mentioned way shall be applied in the License Agreements concluded starting from the date of publication of the relevant (amended) information about the License Types on the above Internet page. Changing the License Types in the specified way shall not be a basis for making changes to the License Agreements concluded before the date of publication by the Licensor of information on changing the License Types.

8. How to use the Program

8.1. Registration.

8.1.1. To start using the Program, the Licensee shall complete the Registration procedure, as a result of which a unique User Account will be created for the Licensee.

8.1.2. The Licensee completes the registration on its own by filling out the registration form on the Internet at https://green-api.com.kz/en.

8.1.3. Registration in GREEN-API WhatsApp is free of charge and voluntary.

8.1.4. When registering in GREEN-API, the User shall be obliged to provide the Licensor with the necessary reliable and up-to-date information.

8.1.5. The User shall not entitled to complete Registration on behalf of or instead of another person, except for the case when the User has the necessary powers issued in accordance with the procedure established by the legislation of the Republic of Kazakhstan, allowing him to complete Registration on behalf of a third party.

8.1.6. The User is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Republic of Kazakhstan of the information provided during registration and its purity from claims of third parties. If the User provides incorrect information, or if the Licensor has a reason to suppose that the information provided by the User is incomplete or unreliable, the Licensor has the right to block or delete the User Account created by the Licensee, as well as prohibit the Licensee from using the Program.

8.2. After registration, the User shall receive the right, under the terms of a simple (non-exclusive) license, to use the Program and Services, to the extent determined by the Licensor and the License Agreement.

8.3. To add Authorized Users, it is necessary to register them in the User's Personal Area by filling out the relevant form.

8.4. After Registration, the Licensor sends the Licensee to the e-mail address and (or) cell phone number via SMS) specified during Registration the username and password, which can be used by the User during Authorization. Further, the User has the right to change the username and (or) password on its own using the relevant interface of the Program. In this case, the User is solely responsible for the security (resistance to guessing) of the username and (or) password chosen.

8.4.1. The User shall not have the right to transfer the username and password received from the Licensor during Registration, or changed on its own using the relevant interface of the Program, to third parties.

8.4.2. The User shall be solely responsible for the safety and confidentiality of the username and password, choosing on its own the method of their storage. The User on the hardware and software used may allow the storage of the username and (or) password (including using cookies) for subsequent automatic authorization in the GREEN-API WhatsApp.

8.4.3. Unless the User proves otherwise, any actions performed using the username and password received from the Licensor during Registration, or changed on its own in the relevant interface of the Program, shall be considered to be committed by the corresponding User. In case of unauthorized access to the specified username and password and (or) the User's Personal Account and (or) the User's Personal Page, as well as in case of distribution of the specified username and password, violation or suspicion of violation of their confidentiality, the User shall be obliged to immediately inform the Licensor about this in any way available. Actions in the Program that take place after the Licensor receives such information shall not be recognized as committed by the User.

8.4.4. The Licensor shall have the right to impose restrictions (including prohibition) on the use of certain usernames, as well as establish requirements for the username and password (length, allowed characters, etc.).

8.5. For security purposes, the User shall be obliged to carry out on its own a safe shutdown of work under his User Account at the end of each session of work with the Program. The Licensor shall not be responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the violation by the User of the provisions of this part of the Agreement.

8.6. The User shall be solely responsible for its actions related to the use of GREEN-API WhatsApp and the Services, in accordance with the legislation of the Republic of Kazakhstan. If the Licensor discovers that the User has violated this Agreement, the legislation of the Republic of Kazakhstan, the License Agreement, the Licensor shall have the right to block the User's access to GREEN-API WhatsApp.

8.7. When using the Program and Services, the User shall be obliged:

8.7.1. To comply with the provisions of the legislation of the Republic of Kazakhstan, this Agreement, the License Agreement and other documents posted by the Licensor in GREEN-API WhatsApp.

8.7.2. To use the Program, Services only for lawful purposes and in lawful ways, subject to the laws of the Republic of Kazakhstan.

8.7.3. Not to post in GREEN-API WhatsApp information and objects (including links to them) that may violate the rights and interests of other parties.

8.7.4. To keep secret and not to provide other Users and third parties with personal data that became known to him as a result of communication with other Users and other use of GREEN-API WhatsApp (including, but not limited to, addresses in the address system of the Republic of Kazakhstan, phone numbers, email addresses, ICQ numbers, passport data, banking information) and information about the private life of other Users and third parties without obtaining the appropriate prior written permission of the latter.

8.7.5. To ensure that the email address and/or phone number used as the username during Authorization is up to date.

8.8. When using the Program and Services, the User shall be prohibited from:

8.8.1. Uploading, storing, publishing, distributing and providing access or otherwise using any information that contains threats, discredits, offends, disgraces honor and dignity or business reputation, or violates the privacy of other Users or third parties.

8.8.2. Uploading, storing, publishing, distributing and providing access or otherwise using any information that violates the rights of minors.

8.8.3. Uploading, storing, publishing, distributing and providing access or otherwise using any information that is vulgar or obscene, contains taboo language, contains pornographic images and texts, contains scenes of a sexual nature involving minors.

8.8.4. Uploading, storing, publishing, distributing and providing access or otherwise using any information that contains scenes of violence, including inhuman treatment of animals.

8.8.5. Uploading, storing, publishing, distributing and providing access or otherwise using any information that contains a description of the means and methods of suicide, any incitement to commit it.

8.8.6. Uploading, storing, publishing, distributing and providing access or otherwise using any information that promotes and (or) contributes to inciting racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority.

8.8.7. Uploading, storing, publishing, distributing and providing access or otherwise using any information that contains extremist materials.

8.8.8. Uploading, storing, publishing, distributing and providing access or otherwise using any information that promotes criminal activity or contains advice, instructions or guidelines for the commission of criminal acts.

8.8.9. Uploading, storing, publishing, distributing and providing access or otherwise using any information that contains information of restricted access, including, but not limited to, state and commercial secrets, information about the private lives of third parties.

8.8.10. Uploading, storing, publishing, distributing and providing access or otherwise using any information that that contains advertising or describes the attraction of using drugs, including sound files that affect the human brain through binaural beats, information about the distribution of such substances (including sound files), recipes for their manufacture and tips for using.

8.8.11. Uploading, storing, publishing, distributing and providing access or otherwise using any information that is fraudulent.

8.8.12. Uploading, storing, publishing, distributing and providing access or otherwise using any information that violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Republic of Kazakhstan.

8.8.13. Illegally uploading, storing, publishing, distributing and providing access or otherwise using the intellectual property of the Licensor, Users, third parties.

8.8.14. Posting any other information that, in the opinion of the Licensor, is undesirable, does not correspond to the purposes of use in the GREEN-API WhatsApp, infringes on the interests of Users, or for other reasons is undesirable for posting in the GREEN-API WhatsApp.

8.8.15. Using the software and completing actions aimed at disrupting the normal functioning of the GREEN-API WhatsApp, its services.

8.8.16. Uploading, storing, publishing, distributing and providing access or otherwise using viruses, trojans and other malware.

8.8.17. Using, without special written and prior permission from the Licensor, automated scripts (programs) to collect information in the GREEN-API WhatsApp and (or) interact with GREEN-API WhatsApp, its services.

8.8.18. Attempting to gain access to the username and password of another User in any way, including, but not limited to, by deception, breach of trust, hacking.

8.8.19. Illegal carring out (including in violation of the rules established by the legislation of the Republic of Kazakhstan) the collection and processing of personal data of other persons.

8.8.20. Accessing (including attempting to obtain access) to any Services otherwise than through the GREEN-API WhatsApp (an interface provided by the Licensor), unless such actions were expressly and previously authorized to the User in accordance with the License Agreement or otherwise separate agreement with the Licensor.

8.8.21. Reproducing, duplicating, coping, selling, trading and reselling the Services for any purpose, except as expressly and previously authorized by the User in accordance with the License Agreement or other separate agreement with the Licensor.

8.8.22. Using the Program, GREEN-API WhatsApp, Services to carry out mass mailings of electronic and other messages of commercial, advertising and other nature, not agreed (not requested) by the recipient of information. This prohibition shall not include sending information with the consent of the recipient if it is possible to refuse to receive such information in the future.

8.9. The User shall be responsible for any information that is posted in the Program, communicated to other Users and third parties, as well as for any interactions with other Users and third parties.

8.10. The User shall be responsible for his own actions in connection with the creation and posting information in the GREEN-API WhatsApp in accordance with the legislation of the Republic of Kazakhstan.

8.11. The Licensor shall not be liable for violation of this Agreement by the User and reserves the right, at its own discretion, as well as upon receipt of information from other Users or third parties about the violation by the User of this Agreement, to change (moderate) and (or) delete any information published by the User that violates the prohibitions set forth in this Agreement, suspend, restrict or terminate the User's access to all or any of the sections or services in the GREEN-API WhatsApp at any time for any cause without giving reasons, with or without prior notice, without being responsible for any harm that may be caused to the User by such actions.

8.12. The Licensor shall have the right to suspend, restrict or terminate the User's access to the GREEN-API WhatsApp or to any Service without giving reasons. The Licensor shall not be responsible for the temporary blocking or deletion of information, or deletion of the User Account, carried out in accordance with this Agreement.

8.13. User Account deletion.

8.13.1. The Licensor shall have the right to block and delete the User Account of the Licensee, including all content, without explanation of reasons, in case of violation of the terms of this Agreement. From this moment, it shall be impossible to restore the User Account, any information related to it, as well as access to the Program using the deleted User Account.

8.13.2. In case of disagreement of the User with this Agreement or its updating, carried out in the way provided for in clause 13.4. of this Agreement, the User shall be obliged to refuse to use the Program by informing the Licensor about it in any possible way. Upon receipt of the mentioned information, the Licensor shall have the right to block and (or) delete the Licensee's User Account, including all content. From this moment, it shall be impossible to restore the User Account, any information related to it, as well as access to the Program using the deleted User Account.

8.14. The Licensor shall reserve the right at any time to change the design in the GREEN-API WhatsApp, its content, the list of Services, change or supplement the scripts used, software and other objects used or stored in the GREEN-API WhatsApp, any server applications with prior notice to the User or without it.

8.15. The Licensor shall have the right to send the User information about the development of the GREEN-API WhatsApp and its Services, as well as advertise its own activities and services.

8.16. The Licensor shall ensure the confidentiality and security of personal data when processed by the User using the GREEN-API WhatsApp by:

8.16.1. Providing access to the GREEN-API WhatsApp over HTTPS or an equivalent that provides a similar level of security.

8.16.2. Anti-virus protection of the server(s) hosting the GREEN-API WhatsApp using standard anti-virus software commonly used to protect servers of similar type.

8.16.3. Using a network firewall that allows only the network traffic required to use and serve the GREEN-API WhatsApp.

8.16.4. Registration of the facts of the User Authorization and User exit from the GREEN-API WhatsApp.

9. Restrictions on the use of the Program

9.1. The User shall not be entitled to perform actions that may lead to:

9.1.1. Disfunction of the Licensor's equipment and network.

9.1.2. Disfunction of the Program or limiting the ability of other Users to use the Program.

9.1.3. Unauthorized access to the Program, as well as to the information and computing and network resources of the Licensor.

9.1.4. Causing or threatening to cause damage to third parties, including by posting information and links to network resources, the content of which is contrary to the legislation of the Republic of Kazakhstan.

9.2. The User shall not have the right to modify the Program, GREEN-API WhatsApp, their design and interface.

9.3. The Licensee shall ensure the availability of equipment that meets the technical requirements for using the Program and accessing the Internet.

9.4. The User shall guarantee that he has all the necessary rights to all data, computer programs or services that he uses in connection with the use of the Program, and that such actions do not violate the rights of third parties.

9.5. The User shall have no right to use the Program in other ways than those specified in this Agreement, as well as copy, sell and resell it or access to it, unless the User has received the prior written permission of the Licensor for this.

10. Limited Warranty and Responsibility

10.1. The Program, Utilities, GREEN-API WhatsApp and its services, including all scripts, applications, content and design, are provided on an "as is" basis. The Licensor shall not guarantee that all functionality of the Program will meet the expectations of the Licensee, Users and may be applicable for a specific purpose. The Licensor shall also disclaim all warranties that the GREEN-API WhatsApp, Utilities or Services may or may not be suitable for the User's specific purposes. The Licensor cannot guarantee and shall not promise any specific results from the use of GREEN-API WhatsApp, Utilities and (or) services.

10.2. The Licensor shall not initiate and shall not control the placement of any information by the User in the process of using the Program, GREEN-API WhatsApp, Utilities and Services, shall not affect its content and integrity, and also shall not know and cannot know at the time of placement of this information whether it violates rights protected by law and interests of third parties, international treaties and legislation of the Republic of Kazakhstan.

10.3. The content of the data created and maintained by the Licensee shall be the direct responsibility of the Licensee. The Licensor shall not exercise preliminary control over the content of the information posted and (or) distributed by the Licensee, however, if the placement and distribution of such information is contrary to the legislation of the Republic of Kazakhstan, the Licensor shall have the right to block or delete the relevant Account and data without any prior warning.

10.4. Under no circumstances the Licensor shall not be liable to the User or to any third parties for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation arising from the use of the Program, the GREEN-API WhatsApp, Utilities, the GREEN-API WhatsApp content or other materials to which the User or other persons have accessed using the GREEN-API WhatsApp, even if the User warned or indicated the possibility of such harm.

10.5. The Licensor shall not be liable to the User for any damage, any loss of income, profits, information or savings associated with the use or inability to use the Program, the GREEN-API WhatsApp, Utilities, including in case of prior notification by the User of the possibility of such damage, or any claim by a third party.

10.6. The Licensor shall ensure the functioning and performance of the Program, the GREEN-API WhatsApp and shall undertake to promptly restore their performance in the event of technical failures and interruptions. The Licensor shall not be responsible for temporary failures and interruptions in the operation of the Program, the GREEN-API WhatsApp and the loss of information caused by them.

10.7. The Licensor shall not be liable for any damage to the User's or other person's computer, mobile devices, any other equipment or software caused by or associated with downloading and (or) loading materials from the GREEN-API WhatsApp or via links posted in the GREEN-API WhatsApp.

10.8. If errors are found while using the Program, the Licensor will take measures to correct them as soon as possible. The exact timing of the elimination of specific errors may be determined by the License Agreement, taking into account the fact that the Program closely interacts with other third-party computer programs, operating systems and hardware resources of the Licensee's computers and the performance of the Program and the time to resolve problems are not fully dependent only on the Licensor.

10.9. In the event that the Licensee commits actions prohibited by the provisions of this Agreement, the Licensor shall have the right, without explanation of the reasons and any prior notice to the Licensee, to take measures to identify and prevent these violations.

10.10. For violation of the terms of this Agreement, the Licensee shall be liable under the legislation of the Republic of Kazakhstan.

11. Terms of processing and use of personal data

11.1. Upon accepting the terms of this Agreement, the User, acting freely, by his own will and in his own interest, expresses his consent to the provision of his personal data, including Surname, Name, Middle Name, email address, contact phone number, date of birth, region, city, organization, position for their processing by the Licensor.

11.2. Purposes of the Licensor's personal data processing:

11.2.1. Granting the User the right to use the Program, GREEN-API WhatsApp, Services.

11.2.2. Sending notifications to the User regarding the use of the Program, GREEN-API WhatsApp, Services.

11.2.3. Preparation and sending by the Licensor of responses to the User's requests, including, but not limited to, contacting the support service.

11.2.4. Sending by the Licensor information about the events held by the Licensor.

11.2.5. Sending by the Licensor of information about the products and services of the Licensor.

11.3. The list of operations with personal data to which the User expresses his consent: collection, systematization, accumulation, storage, clarification (updating, changing), use, depersonalization, transfer to third parties for the purposes specified in clause 12.2 of this Agreement, as well as the implementation of any other actions provided for by the legislation of the Republic of Kazakhstan, using both non-automated and automated methods.

11.4. The Licensor shall undertake to take all necessary measures provided for by the legislation of the Republic of Kazakhstan to protect the User's personal data from unauthorized access or disclosure.

11.5. The consent specified in clauses 11.1-11.3 of this Agreement shall be valid until it is withdrawn by the User by sending a corresponding notification to the Licensor's email address support@greenapi.com. The User shall understand and agree that in the event of withdrawal of this consent, he loses the opportunity to use part or all of the features of the Program, GREEN-API WhatsApp and (or) Services.

11.6. The User shall agree to receive from the Licensor and its partners via e-mail, the address of which he indicates during Registration, advertising and information messages about products, services and events related to the products of the Licensor.

12. Validity, amendment and termination of this Agreement

12.1. This Agreement shall be governed by and construed in accordance with the legislation of the Republic of Kazakhstan. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Republic of Kazakhstan, unless a different procedure for determining the applicable law is provided for by the License Agreement or international law.

12.2. This Agreement shall enter into force for the User from the moment of its accession to it and shall be valid for an indefinite period.

12.3. This Agreement shall apply to all updates to the Program provided to the Licensee, unless the update of the Program prompts to read and accept the new Agreement or amendments to this Agreement.

12.4. The Licensor shall have the right to change the terms of this Agreement unilaterally by posting the modified text on the Internet at https://green-api.com.kz/en/user-agreement.

12.5. If, for one reason or another, one or more provisions of this Agreement are duly declared invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions of this Agreement.

12.6. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Licensor will make every effort to resolve them through negotiations. In the event that disputes are not resolved through negotiations, disputes shall be resolved in the manner prescribed by the legislation of the Republic of Kazakhstan, at the location of the Licensor, unless a different procedure for determining the applicable law and (or) the place of consideration of the dispute is not provided for by the License Agreement, the legislation of the Republic of Kazakhstan, international law.

12.7. The Licensor shall have the right, in case of violation by the User of the terms of this Agreement on the use of the Program, GREEN-API WhatsApp, Services, to unilaterally terminate this Agreement.

12.8. Upon termination of this Agreement by any party and for any reason, the Licensee and the User shall be obliged to completely stop using the Program, GREEN-API WhatsApp, Services.

13. Licensor's details

13.1. Requests regarding the terms of this Agreement are accepted at the Licensor's email address support@greenapi.com.

13.2. Licensor is a legal entity established under the laws of the Republic of Kazakhstan - Limited Liability Partnership GREEN-API, BIN: 220940032673.

13.3. Licensor's bank details: BIC: KCJBKZKX, Bank name: JSC Bank CenterCredit, KBE 17, IIC: KZ688562203125578540

Date of publication: 22.09.2022 г.