This license agreement (hereinafter «Agreement») is an offer of DistroKeed, a company duly incorporated under the laws of Republic of Kazakhstan and registered at the legal address Astana, Kazakhstan (hereinafter «Rightholder») addressed to an unlimited number of individuals/legal entity (hereinafter «User»), collectively referred to as the «Parties» that have accepted the following terms of this Agreement.
1.1. In order definite interpretation of following Agreement, the following terms:
DistroKeed (hereinafter – «Service») is an online service posted on the website in the Internet at the following address:
https://DistroKeed.tech and allows you to correspond via WhatsApp with the use of CRM tools
(Kommo CRM etc.), services, support services and other systems. The use of DistroKeed is governed by this Agreement.
User – an individual or a legal entity acting through their representative, who are provided with Access to DistroKeed.
Parties – Rightholder and User.
Access – the right, provided by the Rightholder to the User, for a fee, to use the DistroKeed functionality intended for the Users.
1.2. In this Agreement, terms that are not defined in clause 1.1 of this Agreement may be used. In this case, the interpretation of such a term is made in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term, one should be guided by the interpretation of the term, defined: first of all – by the legislation of the Republic of Kazakhstan, secondly – as stated on the website https://DistroKeed.tech, and thirdly – by the prevailing (generally used meaning) on the Internet.
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1.3. By entering into this Agreement, the User agrees that the use of the Service will not be carried out for personal and / or family needs not related to business activities.
2.1. The subject of this Agreement is the provision by the Rightholder to the User for a fee of Access to use the DistroKeed program for WhatsApp correspondence using CRM (Kommo CRM etc.), support services and other systems. Additionally, the Rightholder provides technical support to Users on the use of DistroKeed. The accession of the User to this Agreement is carried out in accordance with clause 2.7. present Agreement.
2.2. The Rightholder provides the following DistroKeed functions:
1) Maintaining the status of messages: sent to the system / delivered to the client / read by the client;
2) Reception and sending of files, voice messages and images – as in an integrated application;
3) Alert system;
4) Multi-user interface;
5) Full-featured API (access on demand).
2.3. The functions of the DistroKeed program can be expanded or reduced in the future. Actual information about the possibilities of DistroKeed is published on the website at: https://DistroKeed.tech
2.4. This agreement should be considered as a License Agreement within the meaning of Section 41 and other applicable provisions of the Copyright Law of the Republic of Kazakhstan.
2.5. The User confirms that he will use DistroKeed exclusively on the terms of this Agreement, use DistroKeed exclusively for business purposes to simplify business processes. The User will not use DistroKeed to meet personal, family, household and other needs not related to the User’s business.
2.6. The User uses DistroKeed at his own risk. The User is solely responsible to third parties for his actions related to the use of DistroKeed. At the same time, the Rightholder confirms the existence of exclusive rights to the DistroKeed Service. In the event that the User presents claims, statement of claim by the User of the rights of third parties in connection with the use of the Service provided under this Agreement, the Rightholder undertakes to make all necessary efforts to resolve the dispute that has arisen, as well as to compensate the User for losses incurred in this regard.
2.7. This Agreement is concluded through full and unconditional acceptance of its terms by registering on the page at: https://DistroKeed.tech. The User is assigned a unique identification code (login) and password. Payment for Access is an additional confirmation of acceptance of the terms of this Agreement.
2.8. Before accepting this Agreement, the User undertakes to familiarize himself with its terms and tariff plans posted by the Rightholder on the Internet site at: https://DistroKeed.tech/pricing. The Rightholder has the right to make changes to tariff plans. The changes take effect from the moment of the end of the previous paid period for using the Service.
2.9. The User is aware and agrees that the Rightholder has the right to make any changes to the User Agreement by publishing its new version on the website on the Internet at https://DistroKeed.tech. Confirmation of acceptance by the User of this Agreement in the new edition are the actions of the User on the commercial use of DistroKeed after the publication by the Rightholder of the new edition of the Agreement. Changes come into force from the moment the new edition of the Agreement is posted, unless otherwise provided by the new edition of the User Agreement.
2.10. The User is solely responsible for the safety and confidentiality of registration data: login and password. All actions performed using the User’s login and password are considered to have been performed by the User. The User is solely responsible to third parties for all actions performed using the User’s login and password. The Rightholder is not responsible for the unauthorized use of the User’s registration data by third parties.
2.11. To use DistroKeed, you need to have a computer or other technical device that provides Internet access. All issues of acquiring Internet access rights, purchasing and adjusting for this relevant equipment and software products are decided by the User independently and are not governed by this Agreement.
2.12. To integrate WhatsApp with the User’s systems, the User must be registered with WhatsApp, and have a mobile phone number linked to WhatsApp.
2.13. The User understands and agrees that the service is provided «in its current form» (including any further development and change) and that the Rightholder is not responsible for any delays, failures, incorrect or untimely delivery, deletion or non-preservation of any User personal information.
2.14. Access is provided exclusively within the prepaid time period in accordance with the rates published on the website at: https://DistroKeed.tech/pricing. Upon the expiration of this period and in the absence of a written claim from the User after 3 days from the expiration date of the Access period, in accordance with the selected tariff, the obligations of the Rightholder to provide access to the Service and maintain the functioning of the Service are considered to be duly fulfilled.
2.15. It is forbidden to violate the information security of the service, including:
2.16. Technical support and advice on the use of the Service is provided on the page at: https://DistroKeed.tech/contacts.
2.17. The User acknowledges that all rights to DistroKeed belong to the Rightholder, and the User and other persons are not entitled to:
2.18. This Agreement is not exclusive.
2.19. The validity of this Agreement is not limited to the territory (country) of the Rightholder. The agreement is valid in any territory (country).
3.1. The Rightholder undertakes:
3.1.1. Provide the User with access to the DistroKeed functions using the client web interface using the User’s login and password, subject to the restrictions specified in this Agreement. At the same time, the Rightholder is not responsible if the User cannot use the DistroKeed functions for reasons beyond the Rightholder’s control;
3.1.2. Send invoices of payment and acts of performed services to the User based on the written requirements of the User, sent by means of a message to the email of the Rightholder;
3.1.3. Provide the User with Access to the Service within one working day from the date of receipt of payment at the appropriate rate.
3.2. The Rightholder has the rights:
3.2.1. Receive remuneration from the User for providing Access to DistroKeed on the terms of this Agreement;
3.2.2. Use the User’s data in an impersonal form, which does not allow third parties to obtain personal data and confidential information of the User, to improve the activities of DistroKeed;
3.2.3. At any time, without the consent or notification of the User, change the design of the Service, its functionality, change or supplement the scripts used, software and other objects used or stored on the site, any server applications;
3.2.4 If necessary, send messages to the User in one of the ways by email/ DistroKeed/ WhatsApp/ Telegram regarding the use of DistroKeed. In this case, the Rightholder undertakes not to request confirmation of information containing personal information in such letters;
3.2.5. Change the terms of this Agreement and tariff plans on the terms of clauses 2.8 and 2.9 of this Agreement;
3.2.6. Restrict Access to users on the terms of this Agreement, establish additional restrictions on the use of DistroKeed, and change such restrictions at any time;
3.2.7. Temporarily suspend the provision of Access to the User for technical, technological or other reasons, for the period of elimination of such reasons;
3.2.8. Suspend the provision of Access and / or early terminate the Agreement in accordance with clause 7.3 of this Agreement.
3.2.9. Close the Service at any time without prior notice to Users. In this case, the Rightholder does not bear any responsibility for the termination of the Access to DistroKeed;
3.2.10. If the User provides incorrect information or the Rightholder has reason to believe that the information provided by the User is incorrect, incomplete or inaccurate, the Rightholder has the right to suspend the provision of Access until the information provided is confirmed and / or corrected, or to deny the User Access;
3.2.11. Suspend the work of the Service for a period of not more than three working days to carry out the necessary scheduled preventive and repair work on the technical resources of the Rightholder, as well as unscheduled work in emergency situations. In case of suspension of the Rightholder’s Service for the above reasons, the Rightholder notifies the User about this in one of the ways by the email address/ DistroKeed/ WhatsApp/ Telegram specified by the User, while carrying out the necessary scheduled preventive and repair work on the technical resources of the Rightholder, as well as unscheduled work in emergency situations can’t be considered a violation of parties of the Rightholder of their obligations under this User Agreement and is not a basis for refunding the amount paid by him to the User in accordance with the terms of this User Agreement. In the event of the above-mentioned preventive and repair work, the period for granting access is extended by the corresponding number of days of these preventive and repair work.
3.3. The User undertakes:
3.3.1. Pay for the Access to DistroKeed provided by the Rightholder on the terms of this Agreement;
3.3.2. Access DistroKeed solely in accordance with this Agreement and applicable laws, including subject to the terms of confidentiality, inadmissibility of spam, unsolicited marketing, notifications and / or marks about the advertising nature of messages.
3.3.3. Provide valid, accurate and complete information about himself/herself on the issues proposed in the registration form (as well as information about the legal entity on whose behalf the User acts), and update the information in a timely manner;
3.3.4. Ensure the safety and protection of your device and account, prevent unauthorized Access to DistroKeed, take security measures and ensure confidentiality when transferring, storing and processing data provided to the Rightholder;
3.3.5. Immediately notify the Rightholder if the User reveals or suspects that unauthorized Access has taken place from his account;
3.3.6. Not transfer your rights under this Agreement to a third party;
3.3.7. Not to violate and not to try to violate, not to help third parties directly, indirectly, using automated or other means to violate the information security of DistroKeed;
3.3.8. Not to violate the exclusive rights of the Rightholder to DistroKeed;
3.3.9. Take measures to ensure the confidentiality of your registration data, as well as the User’s login and password.
3.4. The User has the rights:
3.4.1. Get Access to the DistroKeed functionality through the client’s web interface using the User’s login and password under the terms of this Agreement;
3.4.2. Receive technical and consulting support from DistroKeed on the work of the Service;
3.4.3. Contact the Rightholder in order to resolve disputes or for help in using DistroKeed.
4.1. The User pays for the Access to DistroKeed to the Rightholder in accordance with the tariffs published on the website at: https://DistroKeed.tech/pricing. The rightholder unilaterally establishes the cost and conditions for providing Access for all tariff plans by posting information about them on the website in accordance with clause 2.8., Clause 2.9. present agreement.
4.2. Payment for Access is made by the User using euro (EUR), which is the national currency of the Republic of Kazakhstan. The total cost of the Agreement is an amount according to the Tariffs. Payment is made at the exchange rate in effect on the date of payment in the bank serving the User. Payment is made by bank transfer. The User transfers funds to the settlement account of the Rightholder specified in clause 9 of the Agreement.
4.3. Access is provided to the User on a prepaid basis. The User makes an advance payment in the amount of 100% (one hundred percent) of the cost of the selected tariff. The moment of payment is the moment when the funds are credited to the settlement account of the Rightholder.
4.4. When paying for Access using payment instruments posted on the website https://distrokeed.tech the User is automatically redirected to the page of the payment acceptance system to make payment at the selected tariff.
4.5. Payments are accepted in the order established by the operator of the payment acceptance system. The Rightholder is not responsible for transactions performed using the payment acceptance system. If the User has questions about a perfect payment, the procedure for resolving them is determined by the payment system operator.
4.6. The time required for the payment to be credited may depend on the selected payment method and the payment method processing schedule set by the payment system. The payment system operator has the right to defer or cancel any payments to prevent illegal activity or fraud, as well as to ensure security, during the period of risk assessment or investigation.
4.7. All payments made by the User on the website https://distrokeed.tech do not include the cost of the Internet or data traffic. Your Internet service provider or mobile operator may charge you for the amount of User data traffic.
4.8. The personal information provided when making an online payment (name, address, phone number, email, credit card number) is confidential and not subject to disclosure. The card data is transmitted only in encrypted form and is not stored on the Web-server of the site https://distrokeed.tech. It is recommended to check the security of the browser for online payments on a special page. The security of processing Internet payments is guaranteed by the payment service operator. All transactions with payment cards are carried out in accordance with the requirements of VISA International, MasterCard and other payment systems. When transferring information, special security technologies for online card payments are used, data processing is carried out on a secure high-tech server of the processing company.
4.9. When paying for Access on the website https://distrokeed.tech, the User undertakes to use only the bank card, the owner of which is, and in relation to which an appropriate agreement has been concluded between the User and the bank. If the User deliberately uses a bank card of another person, then he is independently responsible for the damage that was / may be caused to the owner of the specified card as a result of the above actions.
5.1. By accepting the terms of this Agreement, the User confirms his consent to the collection, storage and processing of his personal data by the Rightholder in order to fulfill his obligations under this Agreement. From the moment of registration of the User in DistroKeed, such consent is considered to be received in writing.
5.2. The data to be processed includes the following information:
5.3. The processing of personal data is carried out using automated tools or without using such means (mixed processing) and includes: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data, including the transfer of personal data in the manner prescribed by the legislation of the Republic of Kazakhstan and the General Data Protection Regulation, via secure communication channels (on machine media) in the internal network of the Rightholder and / or a person processing personal data on behalf of the Rightholder, if processing will be entrusted to such person. A detailed Privacy Policy is posted on https://distrokeed.tech/.
5.4. The User agrees to receive the DistroKeed newsletter, system messages and notifications related to the operation of the Service and other information to the email address specified during registration as a User. The User has the right to refuse to receive newsletters.
5.5. The User has the right to revoke his consent by sending a notification. the Rightholder is obliged to delete the User’s personal data within thirty days from the date of receipt of the relevant application, however, if the User does not declare a refusal to execute this Agreement, the Rightholder has the right to continue processing personal data to fulfill the terms of this Agreement, as well as in other cases established current legislation. Withdrawal of consent to the processing of personal data entails the impossibility of further use of the Service.
5.6. The User’s consent to the processing of his personal data is valid for the entire duration of the Agreement, as well as for 5 (five) years from the date of termination of this Agreement.
5.7. The Rightholder is not responsible for possible misuse of the User’s personal information, which occurred for the following reasons:
5.8. By using DistroKeed, the User agrees and accepts that the Rightholder reserves the right to use his personal information anonymously and in a generalized form for statistical purposes.
5.9. the Rightholder undertakes not to provide any personal information about Users to individuals and organizations claiming the possible misuse of such information (sending unauthorized advertisements, spam, providing information to other persons, etc.), except as otherwise provided for by the current legislation of the Republic of Kazakhstan.
5.10. The Rightholder collects and stores only that personal information that is necessary for the provision of the Service or the execution of agreements and contracts with the User, except for cases when the legislation provides for the mandatory storage of personal information for a period specified by law, including for the purpose of:
5.11. With regard to the User’s personal information, its confidentiality is preserved, except for cases of processing personal data, access to an unlimited number of persons to which is provided by the User or at his request.
5.12. The Rightholder has the right to transfer the User’s Personal Information to third parties in the following cases:
6.1. The responsibility of the User is established by the current legislation of the Republic of Kazakhstan. In case of violation of the terms of this Agreement, the Rightholder has the right to block the User’s access to the Service without paying any compensation or reimbursement and without sending any prior notifications.
6.2. In case of violation of the terms of this Agreement, the Rightholder undertakes to compensate the User for the documented damage caused by such violation.
6.3. A party that has not performed or improperly fulfilled an obligation is liable if it does not prove that proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions. Such circumstances do not include, in particular, a breach of obligations by the debtor’s counterparties, the lack of the goods necessary for execution on the market, the absence of the necessary funds from the debtor. In the event of force majeure circumstances that the party to this Agreement could neither foresee nor prevent by reasonable measures, the deadline for the fulfillment of obligations under this Agreement is postponed in proportion to the time during which such circumstances continue to operate, without compensation for any losses and the application of penalties. The parties undertake to notify of the occurrence of such circumstances immediately (but no later than 5 (five) working days). Each of the Parties has the right to require the other Party to provide documents confirming the circumstances that the Party refers to as circumstances excluding liability for failure to fulfill the obligation under this Agreement. These documents include: conclusions of the Chamber of Commerce and Industry, documents issued by the competent government authorities. If force majeure circumstances and / or their consequences continue to operate for more than 30 (thirty) calendar days in a row, then the Agreement may be terminated at the initiative of either party by sending a written notice to the other party.
7.1. The Agreement comes into force from the moment of its acceptance and is valid until its termination.
7.2. This Agreement may be terminated by agreement of the Parties at any time.
7.3. The Rightholder without notice has the right to terminate this Agreement ahead of schedule unilaterally out of court in cases of violation by the User of obligations and / or guarantees accepted in accordance with this Agreement or the Civil Law of the Republic of Kazakhstan.
7.4 Refunds are available until the Right Holder has fulfilled its obligations under the Agreement, that is, until the User has provided access to the Service. Access to the Service is provided after the User pays the fee using the payment method specified on the DistroKeed website. Upon payment of remuneration and provision of access to the Service, the obligations of the parties under the Agreement are deemed to be duly performed in full.
7.5 Money paid by the User for access to the Service shall not be returned to the User by the Rights Holder.
8.1. This Agreement, its conclusion and execution are governed by the legislation of the Republic of Kazakhstan.
8.2. The User and the Rightholder agreed on a mandatory claim procedure for resolving disputes, the term for considering a claim is 30 (thirty) working days from the date of submission.
8.3. If it is impossible to resolve the dispute and in compliance with the mandatory claim procedure, disputes between the User and the Rightholder will be resolved in court, at the place of registration of the Rightholder in the Republic of Kazakhstan.
8.4. Any notices under this Agreement, other than those for which there is a mandatory written form in ar. 7, may be sented by email/ DistroKeed / WhatsApp / Telegram. The email address/ DistroKeed / WhatsApp / Telegram of the User is the address specified during registration. The email address of the Rightholder is support@DistroKeed.tech. Any documents and messages sent to the User’s email address/ DistroKeed / WhatsApp / Telegram specified during registration in the Service, as well as using the functionality of the Service, are considered signed with a simple electronic signature, equivalent to paper documents and can be used as evidence in court.
8.5. Without contradicting the terms of this Agreement, the User and the Copyright Holder have the right at any time to execute this Agreement by drawing up one document signed by the parties.
DistroKeed
Registration number: 001007550179
Address: Astana, Kazakhstan
Email: info@DistroKeed.tech
Support: support@DistroKeed.tech