Public Offer to Conclude a Service Agreement for the Provision of Access to a Mobile Application

1. General Provisions

1.1. This Public Offer to conclude a service agreement for the provision of access to a mobile application (hereinafter – the Agreement, the Offer) is an official proposal of the Limited Liability Partnership "Fenomen School" (hereinafter – LLP "Fenomen School", the Contractor) to conclude an agreement on the provision of access to a mobile application (hereinafter – the Application, the Services).

1.2. In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (the Civil Code of the RK), should the terms set out below be accepted, a legally capable natural person accepting this Offer (hereinafter – the "User") is deemed to have concluded an agreement with the Contractor on the terms set out in this Offer in accordance with Article 396 of the Civil Code of the RK, and also gives their consent to the processing of their personal data in accordance with the Law of the Republic of Kazakhstan No. 94-V of 21 May 2013 "On Personal Data and Their Protection".

1.3. The Offer is deemed accepted from the moment of registration in the Application and/or the start of use of its functionality. Acceptance of the Offer means the full and unconditional acceptance of the Offer by the Customer.

1.4. In view of the above, the User confirms that they have carefully read the text of this public Offer. If the User does not agree with any of the terms of this Offer, they are entitled not to accept this Offer.

1.5. The User represents to the Contractor that, upon Registration and/or subsequently, when using the Personal Account, the User will provide correct and accurate personal data of the Student and their own personal data.

2. Terms and Definitions

2.1. Contractor (Chess School) – the Limited Liability Partnership "Fenomen School" (BIN 220340023867).

2.2. Content – educational, game, multimedia and other materials available in the Application.

2.3. Personal Account – an individual workspace within the Application.

2.4. User – a legally capable person who has registered in the Application and (or) their legal representative.

2.5. Application – the mobile application "Fenomen: Chess for Children".

2.6. Service – platforms for the digital distribution of mobile applications.

2.7. All other terms and definitions appearing in the text of the Offer shall be interpreted by the Parties in accordance with the applicable legislation of the Republic of Kazakhstan and the established customary rules for interpreting the relevant terms.

3. Subject of the Agreement

3.1. The subject of this Offer is the provision by LLP "Fenomen School" to the User of services granting access to the functionality of the mobile application "Fenomen: Chess for Children", which contains both educational and entertainment content aimed at developing the thinking and chess skills of Users.

3.2. The Application provides both free and paid (subscription-based) access to the Content. The scope and list of available materials, features and services depend on the type of access selected by the User (basic or extended).

3.3. Subscriptions are issued on a paid basis and provide extended capabilities, including access to locked levels, tasks, rewards, learning modules and other features.

4. Rights and Obligations of the Parties

4.1. The Contractor is entitled to:

4.1.1. Engage any natural or legal persons to ensure the operation of the Application, the updating of content, technical support and the provision of the Services.

4.1.2. Update, supplement and modify the functionality of the Application, the content (including tasks, levels, audiovisual elements), as well as the subscription structure, at its own discretion and without prior notice to the User.

4.1.3. Suspend or restrict access to the functionality of the Application (including subscription access) in the event of a breach by the User of the terms of this Offer, in the event of technical failures, or in the event of abuse of features.

4.1.4. Refuse to provide services or block the User in the event that unfair, aggressive or otherwise inappropriate behaviour is identified, including violations of the rights of other users.

4.1.5. Collect, process and store the User's personal data (name, age, e-mail and other information provided upon registration) in accordance with the Privacy Policy.

4.1.6. Place notifications, marketing materials and other informational messages within the Application, or send them to the User's e-mail, within the framework of applicable legislation.

4.1.7. Transfer its rights and obligations under this Offer to third parties without the User's consent, provided that this does not infringe the User's rights and does not result in a deterioration of the terms of use of the Application.

4.2. The Contractor undertakes to:

4.2.1. Provide the User with access to the functionality of the Application within the selected subscription or in the free version, in accordance with the terms of this Offer.

4.2.2. Take measures to protect the User's personal data in accordance with the legislation of the Republic of Kazakhstan and the Privacy Policy.

4.3. The User is entitled to:

4.3.1. Use the Application within the granted access and receive content in accordance with the terms of the selected subscription.

4.3.2. Contact the Contractor's support service on matters relating to the use of the Application.

4.3.3. Discontinue use of the Application and/or the subscription in the manner provided for by this Offer and the relevant policies.

4.4. The User undertakes to:

4.4.1. Provide accurate data upon registration, including age, name and e-mail, and update them promptly should they change.

4.4.2. Not transfer login credentials for the Application to third parties. In the event of such transfer, the User bears full responsibility for the actions of those third parties.

4.4.3. Observe standards of conduct, refrain from using offensive language, not infringe the rights of other Users and not carry out actions that impede the operation of the Application.

4.4.4. Not use the Application for purposes not provided for by the Offer, and not copy, distribute or derive benefit from educational or entertainment content protected by copyright.

4.4.5. Ensure the technical conditions for access to the Application (device, internet connection, compatible software, etc.).

5. Payment for Services

5.1. The cost, types and procedure for payment for the Services provided through the Application are set out in the relevant section of the Application interface.

5.2. The User may select one of the following access models:

• free access with limited functionality;
• a paid subscription (monthly/annual) providing extended educational and game features.

5.3. Payment for a subscription is made in advance on the basis of 100% prepayment through the relevant payment module of the Service, in accordance with the rules and conditions established by the Service.

5.4. The moment of payment is deemed to be the confirmed transaction within the Service platform. The Contractor does not process the User's personal payment data and bears no responsibility for failures on the side of the payment platform.

5.6. Should the User cancel the subscription during a paid period, the funds are not refunded, and access to the paid functionality is retained until the end of the current paid period.

5.7. A refund is possible only in the event of a material defect in the Service that prevents the use of the basic functionality of the Application, provided that the stated defects have not been remedied by the Contractor within 10 (ten) business days from the date of the User's request. Refunds are made exclusively through the Service in accordance with its refund policy.

5.8. The Contractor is entitled to change the terms of a subscription (tariffs, content, duration and other parameters) by publishing new information in the Application. The terms of new subscriptions do not apply to periods already paid for.

6. Intellectual Property

6.1. All elements and results of intellectual activity placed in the mobile application "Fenomen: Chess for Children", including but not limited to:

• graphics, animation, game objects;
• texts, audiovisual materials;
• illustrations, game characters, the user interface;
• structure, design, program code;
• educational courses, teaching materials, gamification elements;
• trademarks, logos, names and other means of individualisation,

(hereinafter – the Content) are the intellectual property of LLP "Fenomen School" or of other rights holders who have granted the LLP the relevant rights of use, and are protected in accordance with the legislation of the Republic of Kazakhstan as well as international treaties in the field of intellectual property.

6.2. The User receives a limited, non-exclusive, non-transferable right to use the Content solely for personal, non-commercial purposes within the functionality of the Application. No elements of the Content are transferred into the ownership of the User.

6.3. It is prohibited (without the prior written consent of the rights holder) to use the Content for the purposes of:

• copying, alteration, adaptation;
• reproduction, distribution, broadcasting or publication;
• creation of derivative products;
• commercial use, resale, transfer to third parties, provision of access by lease or under licence;
• import and export in breach of applicable legislation.

6.4. Any unauthorised use of the Content may be regarded as a breach of the legislation of the Republic of Kazakhstan in the field of intellectual property and may entail civil, administrative and/or criminal liability.

7. Liability of the Parties

7.1. The Parties bear liability for non-performance or improper performance of the terms of this Offer in accordance with the legislation of the Republic of Kazakhstan, except in cases expressly provided for by this Offer.

7.2. The Contractor bears no liability for the impossibility of providing access to the functionality of the application where such impossibility is caused by technical failures, limitations or malfunctions of the User's device, instability of the internet connection, characteristics of the software used, or other circumstances beyond the Contractor's control.

7.3. The Contractor bears no liability for:

• the absence of an educational or other expected result;
• interruptions in the provision of access to the Application caused by maintenance or failures;
• use of the application by the User in breach of the terms of this Offer;
• actions of third parties resulting in a breach of the security or integrity of the User's data.

7.4. Refunds of funds to the User are made exclusively in the cases expressly provided for by this Offer. Refunds for digital content, subscriptions or other purchases made through the Services are made in accordance with the policies of those platforms.

7.5. The User acknowledges and agrees that the mobile application may contain both free and paid (subscription-based or one-off) content, and that access to certain features may be restricted in the absence of payment.

7.6. The Contractor's liability on any grounds is limited to the amount of funds actually received from the User for the relevant paid period of subscription use.

7.7. The Contractor bears no liability for the User's actions that breach the legislation of the User's country of residence, including but not limited to actions aimed at circumventing payment systems, or at copying, reproducing or distributing the content of the application without the Contractor's consent.

7.8. All complaints from Users regarding the quality of the services provided are reviewed within 10 business days from the date of receipt of a written request sent to the contact details specified in the "Contractor's Details" section of this Offer. Refunds of funds, where provided for, are made within 30 calendar days.

8. Special Conditions

8.1. The Application may be used by children with the consent of their parents or legal representatives.

8.2. The processing of the personal data of minors is carried out in accordance with the Law of the RK "On Personal Data", as well as in accordance with COPPA (the Children's Online Privacy Protection Act).

8.3. The Application does not track location and does not collect identifiers allowing the precise identification of a child without the corresponding consent of a parent.

9. Final Provisions

9.1. The legislation of the Republic of Kazakhstan applies to the relations between the User and the Contractor.

9.2. The Parties acknowledge that, should any provision of the Offer become invalid during its term as a result of a change in legislation, the remaining provisions of the Offer remain binding on the Parties for the term of the Offer.

9.3. This Agreement enters into force on the date of the User's acceptance of this Offer and remains in effect until the Parties have fully performed their obligations.

9.4. By concluding the agreement, the User expresses their full consent to this Offer.

9.5. All disputes and disagreements arising out of this Offer or in connection with its performance are subject to resolution at the place of registration of the Contractor.

10. Contractor's Details

Limited Liability Partnership "Fenomen School"

Legal address: Republic of Kazakhstan, Almaty, Auezov St., 14A, 5th floor

BIN 220340023867

E-mail: fenomen.kz54@gmail.com