Public Offer and User Agreement

1.1. This document (the «Offer») is the official proposal of Individual Entrepreneur «QG Consulting», registered under the laws of the Republic of Kazakhstan, address: office 507, 124 Aimanov St., Almaty, Republic of Kazakhstan (the «Contractor»), to enter into an agreement for access to the seventysvn service on the terms set out below.

1.2. The Offer is a public offer under Article 395 of the Civil Code of the Republic of Kazakhstan. It is addressed to legal entities, individual entrepreneurs and other persons using the service in their business: agencies, marketing and advertising specialists, and companies that run their own marketing.

1.3. The Offer is accepted by any of the following actions: paying an invoice issued by the Contractor; registering an organization in the service and ticking the acceptance of the Offer; joining the service by an organization's invitation. Acceptance means full and unconditional acceptance of all terms of the Offer.

1.4. The agreement is concluded at the moment of acceptance. A payment received on the Contractor's account confirms acceptance of the Offer in the version in force on the payment date.

1.5. The Offer applies together with the Privacy Policy published on seventysvn.com. By accepting the Offer, the User confirms having read the Privacy Policy.

1.6. The service is intended for business use. Consumer protection law applies to the parties' relations only where the law expressly provides for it.

2.1. Service — the seventysvn software product available at seventysvn.com and through the Telegram bot @seventysvn_bot: a cabinet with social media and advertising figures, a content plan with post approval, post scheduling, competitor tracking, service packages and acts, reports, digests and notifications in Telegram.

2.2. Organization — a legal entity or individual entrepreneur that has entered into the agreement on the terms of the Offer. An Organization can be an Agency (runs its clients' brands) or a Business (runs its own brand).

2.3. Brand — the social media accounts and ad accounts of one company or trademark connected to the Service and counted as one unit when calculating the price.

2.4. User — an individual given access to the Service by an Organization: the Organization's owner or employee, or a representative of an Agency's client.

2.5. Agency Client — a company whose brand the Agency runs in the Service and to which the Agency has given access to the brand's cabinet. An Agency Client is not a party to the agreement with the Contractor; its relations with the Agency are governed by their own agreement.

2.6. Paid Period — the term paid for: 1, 3, 6 or 12 months.

2.7. Pilot — free trial access provided by agreement with the Contractor.

2.8. Platforms — the social networks and advertising systems whose data is shown in the Service (Instagram, Facebook, TikTok, YouTube, Threads, Meta Ads, TikTok Ads, Google Ads and others available in the Service at the time of use).

3.1. The Contractor provides the Organization with access to the Service for the Paid Period, and the Organization pays for this access on the terms of section 4.

3.2. The Service's features are defined by its current version on seventysvn.com. The Contractor may develop the Service: add, change and remove features. The Contractor gives at least 30 calendar days' notice of any substantial reduction of the features that have been paid for.

3.3. Access is provided «as is», within what the connected Platforms allow. The Contractor shows only the data the Platforms pass through their official interfaces and states plainly in the Service when data is missing.

3.4. The Contractor does not provide social media management, content creation or ad setup services and does not guarantee any marketing results: growth in followers, reach, sales or client retention.

4.1. The price is calculated in tenge per active Brand per month and depends on the number of the Organization's active Brands (in tiers, each tier applying only to the Brands within it):

4.2. Paying in advance gives a discount: 5 % for 3 months, 10 % for 6 months, and for 12 months you pay for 10 months out of 12. The current calculation is in the calculator at seventysvn.com/pricing.

4.3. The number of Users is unlimited and does not affect the price.

4.4. A Brand is active when it is connected and not paused in the Service. A paused Brand is not charged. A Brand added during a Paid Period is charged pro rata for the remaining term, on the Contractor's invoice.

4.5. An invoice is issued for the chosen Paid Period. Payment is made in tenge by bank transfer to the Contractor's account or through the payment services named in the invoice (including Kaspi). The payment date is the date the funds are credited. The Contractor does not store bank card details.

4.6. Access opens no later than the next business day after payment and lasts until the last day of the Paid Period inclusive.

4.7. Prices do not include VAT. If the Contractor becomes a VAT payer, the tax is added to the prices for new Paid Periods with at least 30 calendar days' notice.

4.8. The price of a Paid Period does not change until it ends. Prices for new periods may be revised no more than once a year; notice is sent to the Organization's email at least 30 calendar days before the new prices take effect.

4.9. At the Organization's request, the Contractor provides an act of completed work (services rendered) for the Paid Period and, where applicable, an electronic invoice in the manner established by law.

5.1. By agreement with the Contractor, an Organization may be given a Pilot: free access for 14 calendar days for one Brand (for two, at the Contractor's decision).

5.2. A Pilot requires no payment and no card. When the Pilot ends, access closes automatically unless the Organization has paid for a Paid Period. Data loaded during the Pilot is kept in accordance with section 11.

5.3. The Contractor may refuse a Pilot without giving reasons and may limit the number of Pilots running at the same time.

6.1. The Contractor undertakes to:

• provide access to the Service to the extent paid for;
• keep the Service working, except for planned maintenance (announced in advance in the Service or by email) and force majeure;
• protect the Organization's data in accordance with the Privacy Policy and the laws of the Republic of Kazakhstan;
• answer the Organization's requests by email at [email protected] and in WhatsApp during the working hours shown on the site;
• give notice of changes to the Offer, the prices and substantial changes to the Service in the manner set out in the Offer.

6.2. The Contractor may:

• suspend access to the Service for planned maintenance, at night Almaty time where possible;
• restrict or suspend the Organization's access for a breach of the Offer, late payment, or actions that threaten the Service or its other users, notifying the Organization by email;
• refuse to connect a Brand whose accounts break the Platforms' rules or the law;
• engage third parties to perform the agreement (Platform data partners, hosting, email delivery, payment services) while remaining responsible to the Organization;
• change the Service in accordance with clause 3.2.

7.1. The Organization undertakes to:

• pay for Paid Periods on time;
• connect to the Service only accounts and ad accounts it is entitled to manage, or whose owner has permitted the connection;
• give accurate information at registration and in its details;
• make sure its Users comply with the Offer; the Organization is responsible for its Users' actions as for its own;
• when giving access to Agency Clients, have a lawful basis for processing their data in the Service (an agreement, consent) and inform them that the Service is used;
• not share login details with third parties, except as the Service's features provide (inviting Users);
• not use the Service to send spam or publish material that breaks the laws of the Republic of Kazakhstan or the Platforms' rules, and not interfere with the Service (automated data collection, bypassing limits, attempts to reach other organizations' data).

7.2. The Organization may:

• use the Service in full during the Paid Period;
• add and pause Brands, invite and remove Users;
• give Agency Clients rights within what the Service provides (post approval, creating posts, connecting platforms, competitor tracking);
• export its data in the formats available in the Service (CSV, PDF);
• disconnect a Brand or stop using the Service at any time.

8.1. Posts to social networks are published from the Organization's connected accounts on its instruction. The Organization is responsible for the content of posts, for copyright, for advertising law (including the requirements for the language of advertising and labelling) and for the Platforms' rules.

8.2. The Contractor does not guarantee publication at an exact time and is not responsible for a Platform refusing a post, changes to the Platforms' interfaces, or restrictions the Platforms place on the Organization's accounts.

8.3. The Telegram bot @seventysvn_bot sends digests and notifications to chats connected on the Organization's initiative. The Organization is responsible for who is in those chats. The Contractor is not responsible for the availability of Telegram.

9.1. The data the Organization loads into the Service and the figures received from its Platforms belong to the Organization (and, for Agency Clients' data, to the client concerned). The Contractor uses them only to perform the agreement.

9.2. For the personal data of the Users the Organization invites to the Service, the Organization is the owner of the data and the Contractor is the operator processing it on the Organization's instruction to the extent needed for the Service to work. Details are in the Privacy Policy.

9.3. The Contractor does not pass the Organization's data to third parties, except where needed for the Service to work (clause 6.2) or required by law.

9.4. The Contractor may use anonymized and aggregated data that cannot identify the Organization or its clients to improve the Service and for statistics.

10.1. The exclusive rights to the Service, its program code, design, texts and the seventysvn trademark belong to the Contractor. The Organization is granted a non-exclusive, non-transferable right to use the Service for the Paid Period.

10.2. The Organization's logo, name and colours that it places in the Service (under the Organization's brand) remain its property and are used by the Contractor only to display them in that Organization's cabinets and messages.

10.3. The Organization may not copy, decompile or resell the Service or give third parties access to it, except Users and Agency Clients within the Service's features.

11.1. The agreement is in force for the Paid Period and is extended when the next period is paid.

11.2. If the next period is not paid, from the day after the last day of the Paid Period the access of the Organization and its Users to the Service is closed until payment. Posts scheduled before the closure go out as planned; no new ones are created; digests are not sent. Data is not deleted.

11.3. The Organization may stop using the Service at any time by writing to [email protected] or by not renewing the Paid Period.

11.4. The Contractor may terminate the agreement unilaterally for a material breach of the Offer by the Organization with 10 calendar days' notice, and at once for actions that threaten the Service.

11.5. After the agreement ends, the Organization's data is kept for 6 months so that it can resume work, then deleted; the Contractor gives 14 calendar days' notice of the deletion. At the Organization's request the data is deleted earlier, except for information the Contractor must keep by law (accounting documents, payment records).

12.1. A Paid Period is not refunded if the Organization gives up the Service, pauses Brands, or the agreement is terminated on the grounds of clause 11.4.

12.2. If the Service was completely unavailable through the Contractor's fault for more than 3 days in a row, the Organization may request a refund of the unused full months of the Paid Period or an extension of the period by the time of unavailability. The request is sent to [email protected]; the refund is made within 10 business days by the same method as the payment.

12.3. Mistaken payments (a double charge, a wrong amount) are refunded within 10 business days after the mistake is confirmed.

12.4. If the Service ceases operation, the Contractor refunds the unused part of the Paid Period pro rata to the remaining term.

13.1. The Contractor is not liable for:

• the accuracy, completeness and timeliness of the data the Platforms pass, or for changes to their interfaces, limits and rules;
• the Platforms' actions and decisions about the Organization's accounts (restrictions, blocks, rejected posts);
• unavailability of the Service caused by failures at telecom operators, hosting, Telegram and other third parties;
• decisions the Organization or its clients take based on the Service's data, or lost profits;
• losses caused by the actions of the Organization's Users or by its breach of the Offer.

13.2. The Contractor's total liability under the agreement is limited to the amount actually paid by the Organization for the 3 months preceding the grounds for liability.

13.3. The Organization is responsible for the content of posts and uploaded material, for the lawfulness of connecting accounts and for respecting the rights of its clients and third parties. The Organization compensates the Contractor for losses arising from third-party claims related to such breaches.

13.4. The parties are released from liability for failing to perform their obligations due to force majeure (natural disasters, military action, decisions of public authorities, large-scale telecom failures) if they notify each other within 10 calendar days of such circumstances arising.

14.1. The law of the Republic of Kazakhstan governs the parties' relations.

14.2. Disputes are settled by negotiation. A claim is sent to [email protected] (to the Contractor) or to the Organization's email given at registration; the response time is 15 business days.

14.3. If no agreement is reached, the dispute goes to the court at the Contractor's location (Almaty) in accordance with the laws of the Republic of Kazakhstan.

15.1. Legally significant notices are sent by email: to the Contractor at [email protected], to the Organization at the owner's address given at registration. A notice is deemed received on the business day after it is sent.

15.2. Quick contact: WhatsApp +7 (700) 185-50-40, Telegram @seventysvn, during the support hours shown on seventysvn.com.

16.1. The Offer is published in Russian, Kazakh and English. In case of discrepancies, the Russian version prevails.

16.2. The Contractor may change the Offer. The new version is published at seventysvn.com/terms with its date. For Organizations with a current Paid Period, the changes take effect 30 calendar days after notice by email; until then the Organization may give up the Service and get the unused full months refunded. Continuing to use the Service after the changes take effect means accepting them.

16.3. If any provision of the Offer is held invalid, the remaining provisions stay in force.