Ster - User agreement

1. GENERAL PROVISIONS

1.1. This document is a public offer to make proposals for the conclusion of a contract for the provision of services by the company ster or STER (hereinafter referred to as the "Contractor"), addressed to all interested individuals under the conditions specified in this document.

1.2. Acceptance of this offer is equivalent to the conclusion of a contract for the provision of services for a fee in writing, i.e., an offer containing all the essential conditions from which the will of the person making the offer is evident to conclude an agreement on the specified conditions with any individual who has accepted the offer.

1.3. This offer is available to all persons for review in the mobile application "ster" and applies exclusively upon acceptance of the offer using the specified mobile application.

1.4. The provision of Services by the Contractor is personal to the User; the User has no right to transfer his rights to third parties.

1.5. If the User disagrees with any of the provisions of this Agreement, the User has no right to use the Service.

2. TERMS AND DEFINITIONS

In this document, unless the text expressly provides otherwise, the following terms shall have the meanings indicated below: Agreement — this agreement for the provision of services for a fee, concluded as a result of full and unconditional acceptance (acceptance of the terms) of this public offer, by performing the actions specified in clause 3.3 of this Agreement; Identification — establishing the identity of the User through authorization in the Personal Account (logging in under the User's account) in the Mobile Application, as well as on the basis of the user's personal data; Personal Account — a personal section of the Mobile Application, to which the User gains access after registration and/or authorization in the Mobile Application; Mobile Application — mobile application "ster", which is a set of software installed on a mobile phone and/or other device that supports the installation of a mobile application; User — any legally competent individual who has reached the age of 14, who has fully and unconditionally accepted the terms of this offer and registered in the Mobile Application; Customer Support — a dedicated department within the Contractor's staff that monitors and processes incoming requests and maintains feedback with the User 24/7. Notification — an electronic message sent to the User's Personal Account, as well as to their mobile device via PUSH. A Notification is considered received by the User on the date it is delivered to their Personal Account or mobile device. The Contractor is not liable for any negative consequences resulting from the User's failure to promptly review Notifications. Credentials — a unique login (phone number) and password created independently by the User during the Registration process in the Mobile Application, or subsequently changed by the User through the Personal Account, used to access the Personal Account after the User has authorized the Mobile Application.

3. SUBJECT OF THE AGREEMENT

3.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide the User with services for organizing the User's expenses of a tourist and household nature in the country of temporary residence, and the User undertakes to pay for these Services.

3.2. Access to the Service is provided by downloading the Mobile Application from Google Play Market or AppStore.

3.3. The User is deemed to have accepted the terms of this Agreement (user agreement) in full, without any reservations or exceptions, by:

3.3.1. Uploading/downloading the Mobile Application to your mobile device via the Google Play Market or AppStore application stores;

3.3.2. Clicking the "Continue" button on the corresponding screen of the mobile application;

3.3.3. Granting consent to the collection and processing of personal data, including consent to their cross-border transfer;

3.3.4. Registration in the Mobile Application by entering a mobile phone number with the assigned security code received via SMS message or Push notification to the User's subscriber number;

3.3.5. Entering your personal data (depending on the selected limit): last name, first name, registration address, passport number, passport expiration date, passport scan, passport issuing authority, telephone number or other/additional data in accordance with the registration form;

3.4. When providing services under this Agreement, the Contractor assumes that all documents and information provided by the User are genuine and reliable.

4. USER REGISTRATION PROCEDURE IN THE SERVICE

4.1. The Parties hereby agree that the User's performance of a series of sequential actions listed in paragraph 3.3 of the Agreement is recognized by the Parties as a registration procedure (hereinafter referred to as the "Registration Procedure"), as a result of which the User's entered data is transferred to the Contractor for the User's registration in the Service.

4.2. Based on the review of the data provided by the User, the User's account registration may be approved, rejected, or returned to the User for corrections and additions to the provided data. The Registration procedure does not exceed one (1) day from the moment the User's data is provided.

4.3. The Registration procedure includes the procedure for the User to undergo the KYC (Know Your Client) procedure at the Contractor's partner bank, depending on the country of temporary residence, as well as depending on the requirements of the partner Bank.

4.4. Upon registration of the User in the Service, the User is provided with the full functionality of the service, which includes the ability to pay for goods, works, and services in accordance with the subject of the contract in the territory of the country of temporary residence.

4.5. To obtain the full functionality of the application, the User links an MPS card to ensure payment for goods, works, and services.

5. RIGHTS AND RESPONSIBILITIES OF THE PARTIES

5.1. The Contractor undertakes to:

5.1.1. Ensure round-the-clock uninterrupted operation of the Service;

5.1.2. Ensure the operation of the technical and information support service for Users;

5.1.3. In the event of detection of failures, malfunctions, or errors in the operation of software and/or hardware, immediately take the necessary measures to eliminate the problem;

5.1.4. In the event of detection of unauthorized access to the Service, suspend operations until the threat of third-party interference with the Service is eliminated;

5.1.5. In the event of suspension of the Service as part of scheduled maintenance work, notify Users in advance of the time and duration of the work being carried out;

5.1.6. Register the User in accordance with the procedure established by this Agreement and provide the User with access to the Services in the appropriate volume, subject to the User's compliance with the established Registration Procedure and the requirements of this Agreement;

5.1.7. Store information about the User's transactions during the term of the Agreement and for five years after its termination;

5.1.8. Provide the User with permanent access to the history of transactions in the Personal Account for a three-month period;

5.1.9. Provide, upon special request of the User, a report on all transactions performed for a period of up to 3 (three) years from the date of sending the relevant request;

5.1.10. Ensure the confidentiality and security of the information provided by the User, and prevent its disclosure, except in cases listed in this Agreement, as well as in cases where an official request is sent to the Contractor from judicial authorities or other authorized government agencies;

5.1.11. Organize and ensure the proper provision of Services within the framework of this Agreement;

5.1.12. Within a period of no more than 1 (one) business day from the moment the User submits data for registration, review them and provide the results of the review to the User by sending PUSH notifications and/or messages;

5.2. The Contractor's obligations are considered fulfilled from the moment:

5.2.1. Provision of Services to the User.

5.3. The Contractor has the right to:

5.3.1. Independently determine the forms and methods of providing Services based on the requirements of the legislation of the country of registration of the contractor and international jurisdictions, as well as the technical capabilities of the Partner Bank in the relevant country;

5.3.2. Request payment for the Services rendered in accordance with Section 6 of this Agreement;

5.3.3. Refuse to provide the User with Services or suspend their provision in the event of provision of inaccurate or false information in any case at its own discretion;

5.3.4. Receive from the User any information necessary for the provision of Services. In the event of failure to provide, or incomplete or incorrect provision of information by the User, the Contractor has the right to suspend the fulfillment of its obligations under the Agreement until the necessary information is provided;

5.3.5. Use the services of any individuals or legal entities for the purpose of timely and high-quality provision of Services to the User, or transfer their rights and obligations to fulfill obligations to the User to third parties without the consent of the User;

5.3.6. Modify the software and prohibit access to the Service using outdated software;

5.3.7. In the event of detection of malfunctions, errors and failures in the operation of software and/or hardware involved in ensuring the functioning of the Service, as well as for preventive purposes and for the purpose of preventing unauthorized access to the Service, suspend the operation of software and hardware;

5.3.8. If necessary and if required by the legislation of the country of registration of the service and/or other international jurisdictions, request the necessary data from the User, including the details of the User's identity document in order to comply with the requirements of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, in cases expressly provided for in this Agreement, as well as:

5.3.8.1. in cases where the Contractor has doubts about the legality of the User's actions and the proper use of the Service;

5.3.8.2. in other cases where the User's actions affect the interests of the Contractor, other Service participants or third parties.

5.3.9. Receive and record the User's personal data. The User hereby consents to the collection and processing of their personal data by the Contractor, including their cross-border transfer.

5.3.10. Collect, store, process by any means and, if necessary, transfer to third parties data on the configuration and other characteristics of the software and hardware used by the User to access the Service, as well as other data automatically transferred by the Contractor during its use;

5.3.11. Withhold a commission for certain types of transactions carried out by the User in accordance with the rates available on the Website and/or Mobile Application.

5.3.12. Block the User's Personal Account until they provide the appropriate explanations at the request of the Contractor in the following cases:

5.3.12.1. the presence of complaints from other Users of the Service or third parties regarding the User's actions that violate their rights and legitimate interests;

5.3.12.2. improper use of the Service by the User;

5.3.12.3. detection by the Contractor of an attempt to make (or make) any changes to the Service software by the User;

5.3.12.4. violation by the User of other terms of the Agreement:

5.3.12.4.1. Use proxy servers and anonymizers to gain access to the Service.

5.3.12.4.2. Other transactions, in the opinion of the Contractor, that raise suspicions of their sanctioned nature.

5.3.12.4.3. Other transactions that meet the criteria for defining suspicious transactions, as well as transactions recognized as suspicious by officials of the financial monitoring entity, in accordance with their experience and knowledge.

5.4. The Contractor has the right to refuse to carry out transactions in the following cases:

5.4.1. if there is reason to believe that the transactions are carried out for the purpose of legalization (laundering) of proceeds from crime and/or one party (parties) to the transactions is an organization or person included in the list of organizations and persons associated with the financing of terrorism and extremism;

5.4.2. incorrect filling in of contact information by the User in the Service;

5.4.3. attempts to make a payment in an amount exceeding the established payment limit;

5.4.4. negative result of the User's completion of the Registration Procedure;

5.4.5. in other cases when the execution of the transaction may cause losses to the Contractor and (or) third parties.

5.5. The User undertakes to:

5.5.1. Comply with the terms of this Agreement, and when receiving additional services, the terms of the relevant agreements available in the Mobile Application and (or) the Website;

5.5.2. Provide the Contractor with reliable data when registering with the Service and completing the Registration Procedure and be responsible for its completeness and accuracy;

5.5.3. Not to transfer his authentication data and transaction data transferred to him by the Contractor for the purpose of carrying out the transaction, including not to provide the opportunity to use the Personal Account belonging to the User to third parties;

5.5.4. Any action performed from the User's Personal Account using their Account Data is considered an action performed by the User themselves and entails the creation of rights and obligations, as well as liability directly for the User with respect to such actions, including liability for violation of this Agreement or the requirements of the law with respect to goods and services, information about which is posted on the Service.

5.5.5. Take due care of the operability and information security of the mobile device accessing the Service;

5.5.6. Not to make changes to the Service software independently or by engaging third parties;

5.5.7. Timely make changes to your authentication data in the event of termination of the agreement with the mobile operator for the use of the number entered during registration in the Service;

5.5.8. Immediately notify the Contractor of the discovery of a transaction carried out without the consent of the User, unauthorized access to the User's personal data, or loss of authentication data;

5.6. The User is prohibited from carrying out the following activities through the Service:

5.6.1. Involvement in circulation of funds and (or) other property obtained by criminal means through the conclusion of transactions, as well as the use of said funds and (or) other property;

5.6.2. Financing of terrorism (terrorist activity) - provision or collection of money and (or) other property or provision of financial services to terrorists and (or) terrorist organizations for the implementation of terrorist activities;

5.6.3. Conducting a transaction, one of the parties to which are individuals and (or) legal entities included in the list of organizations and individuals associated with the financing of terrorism and extremism;

5.6.4. Carry out entrepreneurial activities using the Mobile Application and Service;

5.6.5. Violate the rights of third parties and/or cause them harm in any form;

5.6.6. Use "phone number substitution" technologies when interacting with the Contractor;

5.6.7. Upload, forward, transmit or in any other way post and/or distribute any materials containing malicious programs or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to achieve unauthorized access, as well as serial numbers for commercial software products and programs for generating them, logins, passwords and other means for obtaining unauthorized access to the Mobile Application and personal accounts of other Users of the Service, as well as posting links to the above information;

5.6.8. Unauthorized collection and storage of personal data of other persons;

5.6.9. Disrupt the operation of the Mobile Application;

5.6.10. Otherwise violate the norms of the current legislation of the country of registration of the service, including the norms of international law.

5.7. The User undertakes to:

5.7.1. Provide the Contractor in a timely manner with all information and data necessary for the latter to fulfill the terms of this Agreement;

5.7.2. Provide all necessary documents and information for the provision of Services by the Contractor in the required format and quality;

5.7.3. Not to disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement;

5.7.4. Independently take measures to protect their authentication data and other data provided to them by the Service, which may be used for unauthorized access to or use of the Service.

5.7.5. The User is obliged to immediately change the Account Data if he or the Contractor has reasons to suspect that this data has been disclosed or may be used by unauthorized third parties.

5.8. The User has the right to:

5.8.1. Contact the e-mail address of the person providing the service (Contractor) TOO STER (BIN 221140053854, Kazakhstan, Almaty) by email info@ster.me;

5.8.2. Receive information from the Contractor on matters of organizing and ensuring the appropriate level of provision of Services;

5.8.3. Assist the Contractor in order to improve the quality and satisfaction of the Service provided, as well as to improve the level of services provided by the Contractor;

5.8.4. Demand proper and timely provision of Services by the Contractor.

6. COST OF SERVICES AND PAYMENT PROCEDURE

6.1. In fulfillment of the subject of the Agreement, payment for the Service by the User constitutes the provision of funds to the Contractor to secure the performance of the Agreement. The amount provided to the Contractor constitutes the monetary limit within which the Contractor fulfills the Agreement. The cost of electronic acquiring services used to pay for the Service and provide funds for the performance of the Agreement is borne by the User. To make a payment using the Service's mobile application, please follow the mobile application's instructions. The final cost of services provided by the User to fulfill the Agreement is displayed in the payment window, which indicates the payment amount and the exchange rate for the currency equivalent to be debited from the User's card. By agreeing to the final payment amount and the exchange rate, the User consents to the payment.

6.2. When paying for the Service through any payment system or bank, the User agrees that the Contractor will not issue a certificate of completion (services rendered) or an electronic invoice. The User may also be charged a commission for the payment system and/or bank used by the User to transfer funds for the performance of the contract, as well as a fee based on the cost of the Service. The Contractor is not responsible for any fees charged by payment systems and banks that are the organizations that transfer funds.

6.3. The Service is not an organization and (or) a system that provides payment services, and therefore the Service does not transfer funds to third-party cards or perform other transactions carried out by payment services.

6.4. Payment for Services under this Agreement shall be made on the basis of 100% prepayment and in the manner established by this Agreement.

6.5. This Agreement shall have the force of a service delivery certificate. Acceptance shall be made without signing the corresponding certificate. Services shall be deemed to have been rendered properly and in full if the User has not filed a claim within three calendar days of the Service's provision.

7. BLOCKING AND DELETING A USER'S PERSONAL ACCOUNT

7.1. If the login code for the Mobile App is entered incorrectly six times, access to it will be blocked, and the previously set code will be reset. Login to the Service is performed by sending a one-time password to the mobile phone number specified during the User's registration in the Mobile App. This password must be entered on the registration page. If entered correctly, the User must set a new login code for the Mobile App.

7.2. For enhanced security, the User can log out of their Mobile App account. This will delete the previously set Mobile App login code. To log in, the User must enter the mobile phone number specified during registration in the Mobile App on the login page. If this number is entered successfully, the User must set a new Mobile App login code.

7.3. When deleting an account, the User's personal data, deposit and withdrawal history, and support service request history will also be permanently deleted.

7.4. After the Contractor has completed the request to delete the User's account, the Contractor's liability for further use of the Personal Account ceases.

8. LIABILITY OF THE PARTIES

8.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement.

8.2. The User acknowledges that the Contractor shall not be liable to the User in the event that the User transfers their Account Data to third parties, intentionally provides access to their Personal Account in the Service, or otherwise violates the confidentiality of data by the User.

8.3. The Contractor shall not be liable for any material consequences for the User caused by temporary inoperability of the Service, failures and errors in the operation of the hardware or software of the Service.

8.4. The Contractor shall not be liable for the User's lack of access to the Internet, or to software or hardware that ensures the functioning of the Service, and shall not be liable for any losses incurred by the User in connection therewith.

8.5. The Contractor shall not be liable for the User's losses resulting from the User providing false information to the Service.

8.6. In the event of loss of authentication data, blocking of the Personal Account, loss of the password by the User blocking the Personal Account, or other events the consequences of which cannot be mitigated without identifying the User, the Contractor shall not be liable to the User for any possible losses or the inability to further use the Personal Account. Ownership of the Personal Account may be confirmed by the User by providing documents in the manner prescribed by this Agreement.

8.7. The Parties shall be released from liability for failure to fulfill their mutual obligations if such failure resulted from force majeure circumstances arising after the entry into force of the Agreement, or the occurrence of extraordinary events that could not have been prevented or foreseen prior to the conclusion of the Agreement. Such extraordinary events or circumstances include, but are not limited to: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, the imposition of states of emergency, epidemics, actions of government agencies, and any other circumstances beyond their reasonable control. The Party affected by force majeure circumstances is obligated to notify the other Party thereof no later than 10 days after the occurrence of such circumstances.

8.8. The Contractor shall not be liable for any lost profits incurred by the User, including due to the fact that the User has not read and/or has not read in a timely manner the terms of this Agreement and/or the amendments and additions made to this Agreement.

8.9. The User is responsible for the accuracy of the mobile phone number provided during registration. If the mobile phone number provided is incorrect, or in other cases due to reasons beyond the control of the Contractor (message not sent by the mobile operator, the User's mobile phone number blocked, etc.), the Contractor shall not be liable for the User's failure to receive legally important messages.

9. COLLECTION AND PROCESSING OF PERSONAL DATA

9.1. By registering in the Mobile Application, the User gives consent to the Contractor and its authorized representatives to process their personal data, including: last name, first name, patronymic, date and place of birth, postal and actual address, telephone number, passport details, to any action (operation) or set of actions (operations) performed with their personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data using automation tools, including in information telecommunication networks, or without the use of such tools, if the processing of personal data without the use of such tools corresponds to the nature of the actions (operations) performed with personal data using automation tools, that is, it allows, in accordance with a given algorithm, to search for personal data recorded on a tangible medium and contained in card indexes or other systematized collections of personal data, and/or access to such personal data, and also to the transfer (including cross-border) of this personal data to third parties for the purpose of receiving the Services.

9.2. Consent is given for the entire term of this Agreement and until the expiration of 5 years after the end of the year in which the Parties terminated the execution of the Agreement.

9.3. Access to the Mobile Application from the User's mobile device is permitted only to the User. Transferring access to third parties is prohibited. The User is responsible for such transfer.

10. PROCEDURE FOR AMENDING THE OFFER

10.1. Amendments and additions to this Agreement shall be made by the Contractor unilaterally. For amendments and additions to this Agreement made by the Contractor on its own initiative to enter into force, the Contractor shall inform the User of such amendments and additions by posting the new version of the Agreement and its terms and conditions in the Mobile Application and on the Website.

10.2. The User is obligated to independently monitor changes made to this Agreement. All changes and additions made by the Contractor to this Agreement shall take effect upon posting the new version of the Agreement and its terms and conditions in the Mobile Application and on the Website.

10.3. The new version of the offer comes into force from the moment it is posted in the mobile application "ster", unless otherwise provided by the new version of the offer.

11. FINAL PROVISIONS

11.1. By registering in the Mobile Application, the User:

11.1.1. confirms that he/she has read all the clauses of the Agreement, the Service tariffs, is fully aware of all the conditions and accepts them in full without exceptions or derogations;

11.1.2. agrees to the processing of personal data by the Contractor, including, but not limited to, the right to perform, among other things, the following actions: collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking, destruction of personal data for the purpose of making payments using the Service, marketing communications by the Contractor and (or) third parties and, if necessary, other third parties, as well as in other cases necessary to maintain the functioning and development of the Service;

11.1.3. confirms that he/she is not a legal entity or an individual entrepreneur, and agrees that only individuals who do not use the Service for entrepreneurial activities may be Users of the Service;

11.2. This Agreement shall be valid for an indefinite period or until terminated by one of the Parties.

11.3. If the Parties fail to reach an agreement, disputes, disagreements or claims arising from this Agreement or in connection with them shall be considered in the judicial authorities at the place of registration of the Contractor.

PUBLIC OFFER OF AN AGREEMENT FOR THE PROVISION OF SERVICES FOR THE ORGANIZATION OF PAYMENT OF TOURIST AND DOMESTIC EXPENSES IN COUNTRIES OF TEMPORARY STAY (USER AGREEMENT)