Offer Agreement

Offer Agreement

July 31, 2024

This agreement is an offer from the Limited Liability Company “Business-Bot” (Taxpayer Identification Number 01103202410136, Registration Number №300509-3301-ООО, Address: Kyrgyz Republic, Bishkek, Sverdlovsky District, Abdrahmanova Street, 145a), hereinafter referred to as the Executor, to the User (any individual or legal entity), hereinafter referred to as the Customer. This agreement is considered concluded from the moment it is accepted by the Customer. By entering into this agreement, the Customer also agrees to the Terms of Use for the additional features of the “Beauty Bot System,” the text of which is published by the Executor on the website https://beauty-bot.pro.
1. TERMS AND DEFINITIONS
1.1. Program – the software for electronic computing machines “Beauty-Bot” (hereinafter Beauty-Bot), as a whole and its components, presented in the objective form as a set of data and commands, including source code, databases, audiovisual works included in the Program, and any documentation for its use.
1.2. Executor – the holder of the exclusive rights to the intellectual property, providing the right to use the Program under this offer agreement.
1.3. User/Customer – any individual or legal entity that receives the right to use the Program under this offer agreement.
1.4. Use – for the purposes of this agreement, “use” refers to utilizing the features of the Program, the list of which is provided in Appendix 1 to this agreement, through access granted to the Customer to the Program’s interface.
1.5. Acceptance – for the purposes of this agreement, “acceptance” refers to the payment of the Executor’s fee under this agreement, in accordance with the terms, deadlines, and conditions specified in this agreement and in Article 399 of the Civil Code of the Kyrgyz Republic.
2. GENERAL PROVISIONS
2.1. The Executor holds exclusive rights to the intellectual property and exercises its rights, responsibilities, and bears liability in accordance with Article 1040 of the Civil Code of the Kyrgyz Republic.
2.2. The Customer guarantees that the information provided by the Customer to the Executor for the performance of the Agreement and used by the Customer after gaining access to the Program, including personal data, audio and video, and text content, has been obtained legally, with the necessary permissions for processing requested and obtained, and that the Customer does not infringe upon the rights of third parties, including exclusive rights to intellectual property results.
3. SUBJECT OF THE AGREEMENT
3.1. Under this agreement, the Customer assigns the Executor to provide services (perform certain actions) to grant the Customer the opportunity to use the Program’s interface to access the features, the list of which is provided in Appendix 1 to this agreement, and the Customer agrees to pay for these services in the manner and within the terms specified in sections 5.1 and 5.2 of this agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Executor must:
4.1.1. Within one business day of receiving the payment from the Customer as specified in section 5.1 of this agreement, provide (open) access to the Customer to the Program’s interface, through which the Customer can use the features, the list of which is provided in Appendix 1 to this agreement.
4.2. The Executor has the right to:
4.2.1. Unilaterally change the cost of the Services and modify the terms of providing the Service, notifying the Customer at least 15 (fifteen) calendar days prior to the planned change by sending a corresponding notice to the Customer’s personal account.
4.2.2. Modify the terms of this Public Offer without prior agreement with the Customer, ensuring the publication of the changes on the Executor’s website at least 3 (three) business days before they come into effect, unless this Offer specifies a different procedure for notifying the Customer about certain changes.
4.3. The Customer is obliged to:
4.3.1. Use personal data obtained with the consent of the data subjects in accordance with applicable law.
4.3.2. Use audio and video, text content, obtained legally, for which permission for processing has been requested and obtained.
4.3.3. Guarantee that the Customer does not infringe upon the rights of third parties, including personal non-property and property rights to third parties’ intellectual property.
4.4. The Customer has the right to:
4.4.1. Within the scope of the paid remuneration, gain access to the Program’s interface, through which they can use the features listed in Appendix 1 to this agreement.
5. EXECUTOR’S REMUNERATION
5.1. The Customer shall pay for the Executor’s services by transferring funds to the Executor’s account.
5.2. In case of termination of this Offer Agreement, any unused funds will be refunded by the Executor to the Customer within 10 (ten) business days after the Customer’s request to the Executor. The refund will be made to the account from which the payment was originally made.
6. TERM OF THE AGREEMENT
6.1. This agreement comes into force upon the acceptance of its terms, confirmed by the payment of the invoice issued by the Executor to the Customer, and remains in effect until both parties have fully performed their obligations under this agreement.
6.2. The date of conclusion of this agreement is the day the payment is received by the Executor’s bank account for the invoice issued to the Customer.
6.3. If, within 24 hours from the moment the Executor fulfills the obligation specified in paragraph 3.1 of this agreement, the Executor does not receive any complaints from the Customer regarding the services provided under this agreement, it is considered that the services have been rendered to the Customer in full and in accordance with this agreement.
7. LIABILITY OF THE PARTIES
7.1. The Customer and the Executor shall be liable for non-performance or improper performance of their obligations under this agreement in accordance with the laws of the Kyrgyz Republic.
7.2. The Executor is not responsible for the inability of the Customer to use any of the features listed in Appendix 1 to this agreement, to which access is granted under this agreement, for reasons beyond the Executor’s control.
7.3. The Executor is not responsible for the content, accuracy, legality, or completeness of the information received by the Customer as a result of using any of the features listed in Appendix 1 to this agreement, to which access is granted under this agreement.
7.4. The Executor is not responsible for the actions and decisions made by the Customer based on the information received from using any of the features listed in Appendix 1 to this agreement, to which access is granted under this agreement, nor for the consequences of such actions and decisions, including direct and indirect losses, including lost profits, arising from the use of these features.
7.5. The Executor does not control and is not responsible for third-party websites that the User may access through links available on the Bot’s website.
8. FINAL PROVISIONS
8.1. All other matters not directly regulated by this agreement shall be governed by the laws of the Kyrgyz Republic and international law.
8.2. In the event of any disputes or disagreements related to the execution of this agreement, the Customer and the Executor shall make every effort to resolve them through negotiations.
8.3. Any disputes that may arise between the Customer and the Executor in connection with this agreement, and that have not been resolved in the manner provided in section 7.2 of this agreement, shall be resolved in accordance with the applicable laws of the Kyrgyz Republic, at the location of the Executor, unless a different procedure for determining the place of dispute resolution is provided by the laws of the Kyrgyz Republic.

APPENDIX 1
1. Sending messages via WhatsApp and receiving information from ALTEGIO.

Update Date: July 31, 2024

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