LICENSE AGREEMENT OFFER FOR TOOBA SERVICE

Revision dated September 30, 2023.

PF "Tooba App", (hereinafter referred to as Tooba), represented by President Magomedov Alkhas, acting on the basis of the Charter, on the one hand, and the legal entity that accepted the offer posted on the Internet at the constant address https://admin.tooba.com/ on the other hand, (hereinafter referred to as the Fund), on the other hand, have entered into this License Offer Agreement for the Tooba service (hereinafter referred to as the Agreement) as follows:

1. TERMS AND DEFINITIONS

1.1. Content is the amount of all objects available in the Service, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects placed in the Service.

1.2. Personal Account is a part of the Service that is closed from public access, the Fund can access it using an Account at the Internet address: https://tooba.com/admin/.

1.3. The Fund is a legal entity, a non-profit organization that has access to the Service via the Internet and places proposals for the Collection in the Service, according to its statutory activities.

1.4. Fund Content is the amount of texts, hypertext links, images, audio and video files, information and/or other details and materials posted on the Service by the Fund.

1.5. Website is an automated information system available on the Internet at the address (including subdomains): https://tooba.com/.

1.6. Service is a software and hardware system based on iOS or Android, available on the Internet at https://apps.apple.com/ru/app/tooba/id1247468713?l=ru and https://play.google.com/store /apps/details?id=site.tooba.android.

1.7. Collection is an announcement by the Fund about the search and collection of voluntary Donations posted on the Service.

1.8. Donation is a donation of User’s Funds to the Fund for generally beneficial purposes to close the Collection.

1.9. Donation agreement is a document on the basis of which Funds are transferred from the User (donor) to the Fund (recipient) by way of donation for use for general beneficial purposes (Civil Code of the Republic of Kazakhstan), located in the Service.

1.10. Beneficiary is a legal or natural person, including a minor or incapacitated individual, in whose interests the Fund carries out targeted Collection.

1.11. Account is a set of information about the User, recorded in digital format and necessary to identify the User and provide access to his data, settings, Fees and Content.

1.12. User – an individual who has access to the Service via the Internet and makes Donations to the Fund.

2. CONCLUSION OF THE AGREEMENT

2.1. This Agreement, according of the Civil Code of the Republic of Kazakhstan, is a public offer, the acceptance of which, due to applicable law, is considered to be the consistent implementation by the Fund or an authorized third party of the following actions:

2.1.1. registering an Account in the Service;

2.1.2. logging into your Account in the Service by correctly specifying a unique name (login) and password;

2.1.3. familiarization with the terms of this Agreement;

2.1.4. pressing a special button in the Account in the Service, confirming the acceptance of the Agreement by the Fund;

2.1.5. the totality of actions specified in this paragraph and performed by the Fund is considered acceptance by the Fund of this Agreement.

2.2. Tooba provides the Fund with access to the Service from the moment the Agreement is accepted by the Fund.

2.3. The Agreement is considered to be concluded from the moment of acceptance by the Fund of the Agreement and is valid for 1 (one) calendar year.

2.4. If 30 (thirty) calendar days before the expiration of the Agreement, neither Party declares its intention to terminate it, the Agreement is considered to be extended for the next calendar year on the same terms. The number of prolongations is not limited.

2.5. The Agreement may be terminated unilaterally out of court at the initiative of either Party, with mandatory prior notification to the other Party 30 (thirty) calendar days before the date of termination of the Agreement.

2.6. Tooba reserves the right to make changes in this Agreement unilaterally, due to written notification to the Fund at least 7 (seven) calendar days before the relevant changes come into force. Changes take effect from the date specified in the relevant notification.

2.7. The Fund is obliged to get acquainted with the new version of the Agreement. The Fund’s consent to the terms of the new version of the Agreement must be expressed by clicking a special button in the Account in the Service, confirming the acceptance of the new version of the Agreement by the Fund.

2.8. Until the acceptance of the new version of the Agreement is confirmed, the Fund does not have the right to create and post new Fees in the Service, as well as edit Fees previously posted in the Service, while in terms of execution of Fees previously posted in the Service by the Parties, the version of the Agreement valid on the date of posting the Fees will be applied.

3. SUBJECT OF THE AGREEMENT

3.1. The Agreement defines the procedure and conditions for the use of the Service by the Fund.

3.2. Tooba provides access to the Service, via which the Fund is able to create and post a Collection on the Service, and Users of the Service can find Collections and make Donations to the Fund. The Funds are partners of Tooba.

3.3. Using the Service, the Fund can:

3.3.1. upload Fund Content to the Service;

3.3.2. create a Collection in the Service;

3.3.3. post the Collection on the Service;

3.3.4. enter into a Donation Agreement with Users;

3.3.5. accept Funds from Users under the Donation Agreement;

3.3.6. use other functionality explicitly available in the Service.

3.4. By posting the Collection in the Service and accepting Donations, the Fund enters into direct contractual relations with Users to donate Funds for general beneficial purposes on the basis of the Donation Agreement.

3.5. Tooba is not a party to the contractual relationship between Users and the Fund and is not responsible for the fulfillment of any obligation arising between them, with the exception of providing the Service for information and technical assistance in concluding and executing the Donation Agreement.

3.6. The Fee information provided on the Service is based on information provided by the Funds.

3.7. Each Fund is responsible for the accuracy, completeness and correctness of the Collection information, including the purpose of the Collection and the recipient of the Collection, displayed on the Service. Tooba does not verify and cannot guarantee the accuracy or completeness of all information, and is not responsible for any errors (including manifest errors and typographical errors), failures (whether due to (temporary and/or partial) breakdown, repair, improvement or maintenance of the Service or for other reasons), inaccurate or false information or failure to provide information.

3.8. The Fund does not have the right to close or delete the Collection early if the amount of collected Donations does not correspond (less) to the declared amount of the Collection, except for the following cases:

3.8.1. the amount required for the Collection has decreased due to reasons beyond the control of the Fund;

3.8.2. the amount of Donations collected is at least 80% of the declared amount of the Collection and the Collection was opened more than 6 (six) months ago;

3.8.3. the amount required for the Collection was transferred to the Fund’s current account not via the Service;

3.8.4. death or other significant change in the Beneficiary's condition;

3.8.5. liquidation of the Fund;

3.8.6. other cases specified in the Fund’s reasoned notification to Tooba, approved by Tooba’s CEO.

3.9. Tooba does not change the information provided by the Fund and contained in the proposal to conclude a donation agreement and is not responsible if the Fund provides Tooba with inaccurate information.

3.10. Tooba is not responsible for the proper execution of contracts concluded by the Fund with Users using the Service.

3.11. The subject of the Agreement includes all functions of the Service, as well as any development thereof or the addition of new ones that are explicitly available to the Fund.

3.12. The terms of this Agreement do not apply to Fees published by the Fund in the Service before the date of conclusion of this Agreement.

4. EXCLUSIVE RIGHTS

4.1. The Service is a complex result of intellectual activity, the exclusive rights to which belong to Tooba. The rights to the Service as a whole and to the Site, including the rights to use the network address (domain name) tooba.com also belong to Tooba.

4.2. Elements of the Service Content are subject to the exclusive rights of Tooba, the Funds and other rights holders. Tooba uses the exclusive property that makes up the Service on the basis of agreements with the copyright holders of the relevant objects.

5. LICENSE TO USE THE SERVICE

5.1. Tooba grants the Fund the right to use the Service under a simple (non-exclusive) license in the following ways:

5.1.1. Access to the Service via the Internet;

5.1.2. Use of the functionality of the Service, which means the use of any functions of the Service explicitly available to the Fund, including viewing pages, creating and posting Fees and reports.

5.2. Use of certain Service functionality, provision of certain functions, computer programs and databases, etc. may be subject to special conditions that are an integral part of this Agreement. Such conditions are published on the Internet in the form of separate documents or are separate agreements concluded by the Parties. In the event of a contradiction or inconsistency between the text of this Agreement and the specified conditions and/or agreements, the latter shall be applied.

5.3. Except for cases provided for by the legislation of the Republic of Kazakhstan, the Agreement and other agreements concluded between the Parties, no elements of the Service and Content can be used in any way without the prior permission of Tooba, including, cannot be copied, reproduced, extracted, downloaded, recorded, systematized, transmitted, distributed, used to create databases or included in existing databases, placed in information systems of third parties, etc.

5.4. The Fund has the right to contact Tooba to obtain analytics of data on transactions (time, quantity, amount, geography, etc.) conducted in favor of the Fund.

5.5. The Fund has the right to contact Tooba for advice on how to promote the Collection.

5.6. The Fund has the right to contact Tooba with a request to provide information and other support, which in the opinion of the Parties may help in closing the Collection.

5.7. The term of use of the Service is established by the validity period of this Agreement.

5.8. The Fund has the right to use the Service from any country in the world.

6. REGISTRATION OF THE FUND. FUND ACCOUNT

6.1. To use the Service, the Fund must go via the registration procedure, as a result of which a unique Account will be created for the Fund and confirm the data specified during registration by submitting supporting documents.

6.2. The Fund undertakes to provide accurate and complete information about itself upon registration and to keep this information up to date. If the Fund provides incorrect information or Tooba has reason to believe that the information provided by the Fund is incomplete or unreliable, or does not allow the Fund to be identified, Tooba has the right, at its sole discretion, to block or delete the Fund's Account and refuse to allow the Fund to use the Service or certain functions thereof.

6.3. The Fund undertakes to confirm the data specified during registration in the Account by submitting supporting documents certified by the seal and signature of the head of the Fund:

- a copy of the registration certificate of the charitable organization;

- a copy of the TIN assignment certificate;

- a copy of the certificate of assignment of PSRN;

- a copy of the Charter of the charitable organization with all current amendments and additions;

- a copy of the protocol on the appointment of the sole executive body (head) of the charitable organization;

- a copy of the order appointing the head of the charitable organization;

- a report submitted to the Ministry of Justice of Russia for the previous year with a mark of delivery (sent by mail). If the report is submitted to the Ministry of Justice only in electronic form, a link to the report on the website of the Ministry of Justice of Russia;

- the original certificate from the Federal Tax Service confirming the absence of unpaid taxes, issued no more than 1 (one) month before the date of document submission to Tooba, whether in person or by mail or courier service. The certificate can be submitted in electronic form, certified by an electronic digital signature.

Failure to provide supporting documents, at Tooba's discretion, may be considered as providing false information and may result in the consequences specified in clause 6.2 of the Agreement.

6.4. The Fund’s personal information, as defined in the Privacy Policy and contained in the Fund’s Account, is stored and processed by Tooba in accordance with the terms of the Tooba Personal Data Processing and Protection Regulation.

6.5. The Fund undertakes, at Tooba’s discretion, to undergo an external audit of the Fund’s activities organized by Tooba once every 6 (six) months and provide all documents and information requested by Tooba. If Tooba has reason to believe that the documents or information provided by the Fund are incomplete, unreliable, or contradict the terms of this Agreement, Tooba has the right, at its discretion, to block or delete the Fund’s Account and refuse the Fund the use of the Service or its individual functions.

6.6. Security of Account Usage:

6.6.1. The Fund is obliged to take appropriate measures to ensure the safety of the Account. The Fund is responsible for any actions performed using its Account, as well as for any consequences that such use could or has entailed. All activities on or using the Service under a Fund Account shall be deemed to have been carried out by the Fund itself, unless the Fund has notified Tooba of unauthorized access to the Service using the Fund Account and/or any breach of the confidentiality of its means of accessing the Account.

6.6.2. The Fund shall promptly notify Tooba of any access to the Service by third parties under its Account and/or of any breach of the confidentiality of its means of accessing the Account.

6.6.3. Tooba has the technical ability to access the Account and stored information, which it implements only in cases established by the Agreement and the legislation of the Republic of Kazakhstan.

6.7. Account Usage:

6.7.1. The Fund may not reproduce, copy, assign, sell, transfer for use its Account (including content available to the Fund through the Account), or provide access to them to third parties without the consent of Tooba.

6.8. Termination of registration:

6.8.1. The Fund has the right to delete its Account under the combination of the following conditions:

6.8.1.1. the Fund does not have Fees open in the Service;

6.8.1.2. The Fund provided reports on all Collections closed in the Service;

6.8.1.3. The Fund sent a reasoned notice to Tooba;

6.8.1.4. Tooba's CEO has approved the deletion of the Fund Account.

6.8.2. Tooba has the right to block or delete the Fund's Account and delete any Collection or Fund content if the Fund violates the terms of this Agreement, the Donation Agreement, the Tooba Privacy Policy or other documents governing the use of the Service.

7. FUND CONTENT

7.1. Fund Content

7.1.1. The Fund has the right to post Fund Content on the Service.

7.1.2. The Fund's content may include photographs, drawings, videos, texts, etc.

7.2. Rules for publishing Fund Content

7.2.1. The posting of certain types of Fund Content may be regulated by separate documents, with which the Fund agrees when posting the relevant content.

7.3. Guarantees of the Fund's rights to the Fund's Content

7.3.1. The Fund guarantees that:

– has all the necessary rights to published materials that allow to post the material on the Service and use it in the future, taking into account the functions of the Service;

– has written permission from each citizen, legal representative of a minor citizen to use and distribute his image as part of materials;

– has written permission from each citizen, legal representative of a minor citizen to use and distribute his personal data, including medical history as part of the materials.

7.4. License to use Tooba Fund Content posted on the Service

7.4.1. The Fund grants Tooba a royalty-free, simple, non-exclusive license to Tooba to use the Fund Content, with or without attribution, without the obligation to provide usage reports, without the need for special permission from the Fund, and without payment of royalties. At the same time, the Fund acknowledges and agrees that Tooba is not obligated to review the Fund Content, and its use may be carried out automatically through software.

7.4.2. Tooba has the right to use the Fund Content in any way within the validity period of the license on any information media, including:

– reproduction by recording into computer memory;

– distribution, processing, making available to the public, granting the right to use the Fund Content to third parties;

– inclusion in advertising materials aimed at promoting the Service and Tooba products by inclusion in a complex or composite work;

– inclusion in information materials aimed at promoting the Collection posted on the Service by inclusion in a complex or composite work.

7.4.3. Subsequently, such advertising and informational materials containing the Fund Content may be used in the following ways: reproduction, distribution, communication to the public, public display, cable or broadcast.

7.4.4. Tooba has the right to use the Fund Content on the Site, in the Service, in other Tooba services and applications, in advertising or marketing materials posted on any resources.

7.4.5. The license is valid for the duration of this Agreement, and in case of its termination (termination) for 5 (five) years from the date of its termination (termination).

7.4.6. When deleting the Fund Content from the Service, Tooba has the right to retain archival copies of the Fund Content and not withdraw from circulation the created materials that contain it.

7.4.7. The conclusion of this Agreement is considered by the Parties as an order given by the Tooba Fund for the processing of personal data contained in the Fund’s content, as provided for in Part 3 of Article 6 of the Federal Law of July 27, 2006 No. 152-FL “On Personal Data”. At the same time, the Fund instructs Tooba to carry out the following actions (operations) with personal data performed using automation tools: collection, recording, systematization, accumulation, storage, clarification (updating, changing) after making changes, extraction, use, blocking.

7.4.8. Tooba guarantees:

7.4.8.1. that when processing personal data, he observed all the rights of personal data subjects provided for by the current legislation of the Republic of Kazakhstan in the field of personal data protection;

7.4.8.2. that according of the Federal Law of Personal Data, it has taken the necessary organizational and technical measures to protect personal data used within the framework of this order from unauthorized or accidental access, destruction, modification, blocking, copying, distribution of personal data, as well as from other unlawful actions in relation to personal data, in particular:

- identification of threats to the security of personal data during their processing;

- establishing rules for access to processed personal data;

- detection of facts of unauthorized access to personal data and taking measures to suppress them;

- assessing the effectiveness of measures taken to ensure the security of personal data and monitoring the measures taken.

7.4.8.3. that when processing materials and personal data under this Agreement, Tooba ensures compliance with the requirements for the levels of protection of personal data established by approval of requirements for the protection of personal data during their processing in personal information systems data.

7.4.9. To comply with the rights of the personal data subject as outlined in Federal Law of Personal Data, the parties have agreed that if the personal data controller receives a request wherein the personal data subject withdraws their consent for the processing of personal data, the Fund undertakes to notify Tooba within seven working days from the date of receipt. The notification will either indicate the necessity to delete the revoked data or provide the personal data subject with a reasoned refusal to fulfill the request.

7.4.10. Tooba is obligated to provide the Fund with a list of third parties authorized to process personal data contained in the Fund Content.

7.5. Responsibility of the Fund when posting Fund Content

7.5.1. The Fund bears sole responsibility for ensuring that the posted content complies with the requirements of current legislation. This includes liability towards third parties in cases where the content placement or the content itself violates the rights and legitimate interests of third parties. This encompasses personal non-property rights of authors, other intellectual property rights of third parties, and/or encroachment on intangible benefits that belong to them.

7.5.2. If any third party lodges a claim against Tooba related to the Fund's violation of the Agreement or current legislation, including violations of third-party rights (including intellectual property rights), the Fund agrees to compensate Tooba for all expenses and losses. This includes payment of any compensation and other costs associated with such claims.

7.6. Limitation of Tooba's Liability for the Content of the Fund Content

7.6.1. Tooba does not possess the technical or practical means to verify all information posted by the Fund on the Service for compliance with the legislation of the Republic of Kazakhstan and the terms of the Agreement. Such verification would render the Service inoperable. Tooba does not participate in the creation of Fund Content, conduct pre-checks on content authenticity and safety, ensure compliance with legal requirements, or engage in pre-moderation or censorship of Fund information. The Service's information system and software lack automated solutions for censoring and controlling the Fund's actions when using the Service. However, Tooba retains the right (though it is not obligatory) at its discretion to scrutinize the Service for content prohibited by law and the Agreement.

7.6.2. Tooba has the right (though it is not obligatory) at its discretion to make changes to the Fund Content concerning spelling and punctuation requirements.

7.6.3. Tooba has the right (though it is not obligatory) to offer the Fund advice regarding the effectiveness of Content usage.

7.7.1. Removal of posted materials by the Fund without the consent of Tooba is not permitted.

7.7.2. Tooba is not responsible for the Fund’s violation of this Agreement and reserves the right, at its own discretion, as well as upon receiving information from Users or third parties about the Fund’s violation of this Agreement, to change (moderate), block, or delete any information published by the Fund that violates the prohibitions established by this Agreement, suspend, limit, or terminate the Fund’s access to all or any of the sections or functionality of the Service, with or without prior notice.

7.7.3. Tooba reserves the right to suspend, restrict, or terminate the Fund's access to any functionality of the Service if Tooba determines that, in its opinion, the Fund poses a threat to the Service and/or its Users. Tooba implements the measures described above in accordance with applicable law and is not responsible for the possible negative consequences of such measures for the Fund or third parties.

7.8. Personal data when posting Fund Content

7.8.1. The Fund may upload an image for the Account (avatar) as well as an image for the Collection. The Fund agrees that the image of the Account, the image for the Collection may accompany the materials published by the Fund on the Service. Tooba has the right to publish the image of the Fund and the image for the Collection on other Internet resources when the corresponding materials of the Fund are published on them.

7.8.2. The Fund may indicate the Last Name and First Name, which may accompany materials published by the Fund on the Service. Tooba has the right to publish such Last Name and First Name specified by the Fund on other Internet resources when publishing relevant materials of the Fund on them.

8. TERMS OF USE OF THE SERVICE

8.1. The Fund is not allowed to:

8.1.1. use the Service as an object of intellectual rights in any way not permitted by the Agreement, in particular, it is prohibited to reproduce the Service by creating copies on any tangible medium, modify, or make any changes to the Service and its parts; use the Service to create derivative software products; distribute the Service in any way not provided for in the Agreement; remove or alter copyright notices; attempt to bypass technical restrictions (technical copyright protection measures) and use the Service in any other way not expressly provided for in the Agreement;

8.1.2. decompile, disassemble or otherwise attempt to extract the source code of the software that is an element of the Service;

8.1.3. distribute, sell, sublicense, use software that is an element of the Service, or in any other way transfer rights to such software;

8.1.4. remove or alter any trademark, logo, copyright notice or other similar notice on the Service or in the Content;

8.1.5. copy, broadcast, distribute, publish or otherwise use the Content without Tooba's permission;

8.1.6. register in the Service on behalf of or instead of another person;

8.1.7. mislead Users of the Service by using the login and password of another registered Fund;

8.1.8. distort information about yourself, your relationships with other persons or organizations;

8.1.9. use automatic programs to gain access to the Service for the purpose of extracting, collecting, processing, copying, and/or subsequent distribution of information presented in the Service;

8.1.10. carry out mass mailings of messages to Users of the Service without their consent;

8.1.11. use software and take actions aimed at disrupting the normal functioning of the Service;

8.1.12. use automated scripts (programs, bots, crawlers) without the express permission of Tooba to collect information in the Service and/or interact with the Service and its functionality;

8.1.13. in any way, including, but not limited to, by deception, abuse of trust, hacking, trying to gain access to the login and password of another Fund;

8.1.14. carry out illegal collection and processing of personal data of other persons;

8.1.15. use the Service other than via the interface provided by Tooba, unless such actions have been expressly authorized by the Fund in accordance with a separate agreement with Tooba;

8.1.16. reproduce, duplicate, copy, sell and resell to third parties access to the use of the Service and carry out other actions aimed at obtaining benefits in relations with third parties from the use of the Service.

8.2. When using the Service and posting Fund Content, the Fund is not allowed to:

8.2.1. upload, store, publish, distribute and make available or otherwise use any information that:

– contains threats, discredits, insults, discredits honor and dignity or business reputation or violates the privacy of Users or third parties;

– violates the rights of minors;

– is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature involving minors;

– contains scenes of inhumane treatment of animals;

– contains a description of the means and methods of suicide, any incitement to commit it;

– promotes and/or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;

– contains extremist materials;

– promotes criminal activity or contains advice, instructions or guidelines for committing criminal acts;

– contains restricted information, including, but not limited to, state and commercial secrets, information about the private life of third parties;

– contains advertising or describes the attractiveness of using drugs, including “digital drugs” (sound files that affect the human brain via binaural beats), information about the distribution of drugs, recipes for their manufacture and tips for use;

– can potentially lead to the commission of illegal actions by misleading Users or violating their trust;

– violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Republic of Kazakhstan.

8.2.2. illegally download, store, publish, distribute and provide access to or otherwise use the intellectual property of Users and third parties;

8.2.3. upload, store, publish, distribute and provide access to or otherwise use viruses, Trojan horses and other malicious programs;

8.2.4. post commercial and political advertising on the Service that is not specifically permitted;

8.2.5. post any other information that, in the opinion of Tooba employees, is undesirable, does not correspond to the purposes of creating the Service, infringes on the interests of Users, or for other reasons is undesirable for posting on the Service.

8.3. When using the Service, the Fund is obliged to:

8.3.1. comply with the provisions of the current legislation of the Republic of Kazakhstan, the Agreement and other Tooba documents that are offered to the Fund for review and acceptance in the Service in connection with its use;

8.3.2. provide reliable, complete and up-to-date data during registration, and ensure that they are updated;

8.3.3. inform Tooba of unauthorized access and/or use of the Fund's password and login;

8.3.4. before posting information and objects (including, but not limited to, images of other persons, other people's texts of various contents, audio recordings and videos), first assess the legality of their placement;

8.3.5. back up information important to Tooba;

8.3.6. post on information resources owned by the Fund (website, pages on social networks) information about cooperation with the Tooba Service (which is not advertising);

8.3.7. at least 1 (one) time every 3 (three) months, post informational material (that is not advertising) about the Tooba Service on the Fund’s pages on social networks;

8.3.8. By placing the Collection on the Service, independently develop and implement a plan for its promotion, which includes the following main stages:

- informing the Fund’s target audience about the opening of the Collection in the Service by adding a direct link to the Collection in the materials, in various ways, including, but not limited to, mailings by email or phone number, publications on pages on social networks;

- reminders to the Fund’s target audience about current Fees in the Service, attracting new Users to the Service;

- informing the Fund’s target audience about the closure of the Collection in the Service.

8.3.9. when posting a Fee, post the cost estimate for this Fee;

8.3.10. when placing a targeted Collection, indicate information about the Beneficiary sufficient to establish the Beneficiary’s identity;

8.3.11. when placing a targeted Collection, notify the Beneficiary about the prohibition of collecting Funds through another Fund, as well as independently collecting Funds, including to a personal bank card during the period of an open targeted Collection in favor of the Beneficiary in the Service;

8.3.12. control the Beneficiary’s compliance with the ban on independent collection of Funds during the period of open targeted Collection in favor of the Beneficiary in the Service;

8.3.13. prior to posting a Fee on the Service to partially pay for the purpose of such Fee, request Tooba's permission to publish such parallel Fee;

8.3.14. after the Collection is closed, post a report for this Collection on the transfer or use of User Donations.

9. ADVERTISING MAILINGS

9.1. The Fund gives the consent to receive advertising messages (emails, SMS messages, push notifications in applications). The Fund’s consent is considered received upon signing this Agreement, and can also be additionally confirmed as a result of performing other actions in the Service. The Fund may at any time unsubscribe from the mailing list through the functionality of the Service or by contacting Tooba using the contact information provided in the Service.

10. THIRD PARTY SITES AND CONTENT

10.1. The Service may contain links to other sites on the Internet (third party sites). These third parties and their content are not verified by Tooba for compliance with any requirements (accuracy, completeness, legality, etc.). Tooba is not responsible for any information, materials posted on third party websites that the Fund accesses using the Service, including any opinions or statements expressed on third party websites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the Fund.

10.2. A link (in any form) to any site, product, service, or any information of a commercial or non-commercial nature posted on the Service does not constitute an endorsement or recommendation of these products (services, activities) by Tooba, unless expressly stated.

11. FINANCIAL TERMS OF SERVICE

11.1. Tooba provides access to the Service and the right to use it under the terms of a simple (non-exclusive) license free of charge, or subject to payment by the Fund of a license fee (paid license) in the amount of 10% of the amount of Funds transferred by Users to the Fund made using the Service for the reporting month. The type of simple (non-exclusive) license - gratuitous or paid - is established by order of the General Director of Tooba, of which the Fund is notified in advance.

11.2. Information and technical assistance in the execution of the Donation Agreement consists of joining the Fund to the payment system connected to the Service. The Fund’s use of the payment system connected to the Service is carried out under the terms of a separate public offer or a paper agreement on the use of the UMoney, CloudPayments or other payment system connected to the Service, which the Fund is obliged to accept to receive Funds from the User, and the User is obliged to accept for transfer Funds to the Fund for the purpose of fulfilling the Donation Agreement.

11.3. If a simple (non-exclusive) license is granted to the Fund subject to the payment of a license fee by the Fund, then the Fund pays the license fee to Tooba based on the Tooba account by transferring the Fund in the currency of the Republic of Kazakhstan (ruble) to Tooba’s current account. At the same time, the corresponding payment system connected to the Service, when transferring Funds from Users to the Fund, withholds a payment system commission of up to 2.8%.

11.4. In the event that the Fund pays a license fee for the use of the service (fee-based license), Tooba will issue an Invoice to the Fund for the reporting calendar month in which the Service was used during the first 5 (five) calendar days of the month following the reporting month. The Fund undertakes to pay the license fee to Tooba within 5 (five) working days from the date of issue of the Invoice. If the Fund does not agree with the issued Invoice, the Fund has the right to send written reasoned objections within 3 (three) working days from the date of issue of the Invoice. The parties have agreed that if within 3 (three) working days from the date of issuance of the Invoice, the Fund has not submitted written reasoned objections to the Invoice to Tooba, then the Invoice is considered accepted by the Fund without objections and is subject to payment in full.

11.5. If a simple (non-exclusive) license is provided to the Fund free of charge, then the Fund does not pay a license fee to Tooba, while the corresponding payment system connected to the Service, when transferring Funds from Users to the Fund, withholds a payment system commission of up to 12.8%.

11.6. If a simple (non-exclusive) license is granted to the Fund subject to payment by the Fund of a license fee, then the Fund’s obligations to pay the license fee are considered fulfilled from the moment the Funds are credited to Tooba’s current account.

11.7. The work of the Service is built exclusively on the financial services of partners and does not fall under the requirements for opening a Non-Bank Credit Organization (NBCO). The security of processing money transfers is guaranteed by the financial services of our partners. The service does not process payment card data on its side. Financial services of partners protect and process the banking data of Users and Funds according to the established security standards. Information is transferred to the payment gateway using the provided encryption technology. Further transfer of information occurs through closed banking networks that have an appropriate level of reliability. Financial services of partners do not transfer banking data of Users and Funds to the Service and other third parties. For additional cardholder authentication, an appropriate protocol is used.

12. PROCESSING OF PERSONAL DATA OF THE FOUNDATION

12.1. Before concluding the Agreement, the Fund, as a data subject or representative of a data subject, undertakes to familiarize itself with the documents establishing the rules for the processing and protection of personal data:

– Regulations on the processing and protection of personal data by Tooba.

12.2. If the receipt and use of personal data requires the consent of the data subject, such consent is provided online in the form established in the Service, or the Fund ensures that such consent of the data subject is obtained on paper. Such consent must indicate that the data subject agrees to the transfer of his personal data by the Tooba Fund.

12.3. Personal data is processed by Tooba (hereinafter also referred to as the Operator) subject to the consent of the data subject to their provision, processing and distribution, or if there are other legal grounds for data processing (for example, for the conclusion and execution of the Agreement and other agreements between the Operator and data subjects or represented their faces).

12.4. The Operator provides an adequate level of protection against unauthorized access of third parties to the Fund’s Personal Account.

12.5. The processing of personal data is carried out by the Operator for the purposes of:

– conclusion of civil contracts (including Donation Agreements) and their execution;

– registration of your Personal Account;

– providing technical and consulting support at the request of the Fund;

– addressing advertising to the Fund on the initiative of Tooba:

– sending messages;

– processing of statistical data and their use for:

– improving the operation of the Service;

– personalization of the Service;

– demonstration of Fees, Content;

– fulfillment of obligations imposed on the Operator by law.

12.6. Sources of obtaining personal data:

12.6.1. Information provided by the Fund by completing and submitting online forms or files attached to forms. Information provided by the Fund remotely is not verified by the Operator for its accuracy. The Operator, in particular, cannot reliably know about the authority of the Fund entering into an agreement with the Operator remotely. The Operator assumes that the Fund provides reliable and sufficient personal information, and also updates it in a timely manner (if applicable).

12.6.2. Automatically transmitted data: location information; operating system type and version; browser type and version; device type and screen resolution; source of referral to the site; operating system and browser language; actions performed on the site; IP address, cookies and statistics data.

12.6.3. Data received from the Operator's counterparty on the basis of an agreement between the Fund and this Operator's counterparty and an agreement between the Operator and its counterparty.

12.7. List of personal data:

12.7.1. Personal data of the Fund’s wards (name, surname, date of birth, residential address), medical records, photographs provided by the Fund;

12.7.2. Data obtained automatically when accessing the Service and application, including data about technical means (devices), technological interaction (including host IP address, type of user operating system, browser type, geographic location, Internet service provider, data obtained as a result of access to the camera, microphone, etc. devices) and subsequent actions of the Fund; Cookies and statistics data;

12.7.3. Information stored on the Fund's device, access to which is expressly authorized by the Fund.

12.8. Terms for processing personal data:

– data processed to create a Fund Account: from the moment of expressing the consent of the Fund, which is recognized as sending a form with data to the Operator, until the moment the Account is deleted;

– data processed to create a Collection of the Fund: from the moment of expressing the consent of the Fund, which is recognized as sending a form with personal data to the Operator, until the moment of deletion of the Collection;

– data processed for the conclusion and execution of a civil donation agreement between the User and the Fund through the Service: from the moment of conclusion of the agreement until the termination of the obligations of the Parties under the agreement;

– data processed to provide advisory or technical support upon requests from the Fund – during the validity period of the agreement for the provision of such support, or an active account, or within 1 (One) year from the date of the last recorded application, or within the period specified in the Fund's request;

– data processed for communication with the Fund for advertising purposes: from the moment the Fund consents to the use of its data (including certain data: telephone number, email address) for such purposes until such consent is withdrawn. If it is possible to subscribe to electronic newsletters, the Fund may cancel them at any time by using the option provided in the newsletter or by sending a message to the Operator;

– data processed to fulfill the Operator’s obligations under the law – within the time limits determined by the requirements of applicable law.

13. LIMITATION OF LIABILITY

13.1. At any time, the Service is provided "AS IS." Tooba does not warrant that the Service meets or will meet the requirements of the Fund, or that access to the Service will be uninterrupted, fast, secure, or error-free.

13.2. Tooba does not warrant that the results that may be obtained by the Fund using the Service will be accurate or reliable or can be used for any purposes intended by the Fund.

13.3. Any information and/or materials (including downloadable software) that the Fund receives access to using the Service may be used by the Fund at its own risk and is independently responsible for the possible consequences of using such information and/or materials, including damage that this may cause to the Fund's computer or to third parties, as well as for loss of data or for any direct or indirect damages of any kind.

14. TECHNICAL AND CONSULTING SUPPORT

14.1. For questions arising in connection with the use of the Service, the Fund has the right to contact the Service Support service by sending an email or by telephone.

14.2. When contacting the Service Support, the Fund is obliged to provide complete and reliable information about itself, the equipment used to access the Service and other information, the scope of which is determined by Tooba.

14.3. The scope and procedure for providing technical and consulting Support are determined by Tooba.

14.4. Technical and consulting Support is provided by Tooba free of charge.

14.5. Tooba under no circumstances provides any guarantee of technical or consulting support. At the same time, Tooba will make reasonable efforts to assist the Fund in using the Service and resolving technical problems arising in connection with the use of the Service.

14.6. If the rules for providing technical and consulting Support are published in the Service, these rules become part of this Agreement.

15. RESPONSIBILITY OF THE PARTIES

15.1. The parties are liable for the failure to fulfill or improper fulfillment of their obligations under the Agreement according to the legislation of the Republic of Kazakhstan.

15.2. Tooba has the right to block the Fund’s access to the Service or certain functions or block the Fund’s Account in case of violation of this Agreement, as well as apply other measures to the Fund in order to comply with legal requirements or the rights and legitimate interests of third parties.

15.3. The Fund is independently liable to third parties for its actions related to the use of the Service, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Service.

15.4. Tooba is not liable for any types of damages resulting from the Fund's use of the Service. Under any circumstances, Tooba's liability in accordance with the Civil Code of the Republic of Kazakhstan is limited to 1,000 (One thousand) rubles and zero kopecks and is imposed if Tooba is at fault in its actions.

16. RESOLUTION OF DISPUTES FROM THE AGREEMENT

16.1. The Agreement is governed by and subject to interpretation according to the laws of the Republic of Kazakhstan.

16.2. If disagreements or disputes arise between the Parties on issues related to the execution of the Agreement, the Parties undertake to make every effort to resolve them via negotiations based on the principle of good faith.

16.3. If the Parties are unable to resolve disagreements and disputes via negotiations within 30 (thirty) days from the date of sending the first written claim, such disagreements or disputes shall be submitted for consideration to the Arbitration Court of the Republic of Dagestan.

17. OTHER CONDITIONS

17.1. The parties do not have any related verbal agreements. The content of the text of the Agreement fully corresponds to the actual expression of the will of the Parties. All correspondence on the subject matter of the Agreement prior to its conclusion loses legal force as of the date of conclusion of the Agreement.

17.2. All previously existing agreements between the Fund and Tooba that determined the procedure and conditions for using the Service are considered terminated as of the date of conclusion of this Agreement and do not apply to the relations of the Parties regarding the use of the Service.

17.3. The Parties acknowledge that if any of the provisions of the Agreement becomes invalid during the term of its validity due to changes in legislation, the remaining provisions of the Agreement are binding on the Parties during the term of the Agreement.

17.4. The parties hereby confirm that when executing (amending, supplementing, terminating) the Agreement, as well as when conducting correspondence on these issues, the use of analogues of the parties’ handwritten signature is allowed. The parties confirm that all notices, messages, agreements, and documents within the framework of the parties’ fulfillment of obligations arising from the Agreement, signed by analogues of the parties’ handwritten signatures, have legal force and are binding on the parties.

17.5. The Tooba artist acknowledges that the analogues of his handwritten signature are:

17.5.1. Service administrator account. Thus, all actions carried out in the Service using the Service Administrator Account are recognized as completed by Tooba, and all documents published using the Service Administrator Account are recognized as signed by Tooba;

17.5.2. login, password to the email address admin@tooba.com, or the email address of persons acting on behalf of Tooba, for whom Tooba has generated additional email addresses with the domain name @tooba.com. Accordingly, all emails sent to the Fund from the email addresses provided will be deemed to have been sent by Tooba and will also be deemed to have been signed by Tooba;

17.5.3. facsimile reproduction of the signature.

17.6. The Fund recognizes that the analogues of its handwritten signature are:

17.6.1. Account. Thus, all actions carried out using the Account in the Service are recognized as performed by the Fund, and all documents signed using the Account are recognized as signed by the Fund;

17.6.2. login and password for the Account received upon registration in the Service. Thus, all letters and documents sent and signed by the Fund from the Account in the Service are considered sent and signed by the Fund;

17.6.3. facsimile reproduction of the signature.

17.7. With the exception of cases expressly provided for by the Agreement and the current legislation of the Republic of Kazakhstan, all notifications, messages, and documents within the framework of the parties’ fulfillment of obligations arising from the Agreement, as well as all documents when amending or supplementing the Agreement, can be sent and are considered received by the parties if sent by electronic mail from the authorized address of one party to the authorized address of the other party.

17.8. Authorized addresses are:

17.8.1. For Tooba: all email addresses with the domain name @tooba.com;

17.8.2. For the Fund: the email address specified when registering the Account.

18. TOOBA DETAILS

Public Foundation "Tooba App"

BIN 230240042861

Address: 050000, Bogenbay Batyra street, 150, 602, Almaty city, Almaty district, Kazakhstan

Email: from any email address containing @tooba.com