User Agreement
METRIXKASSA USER AGREEMENT
This document constitutes a public offer (the "Offer") under Article 395 of the Civil Code of the Republic of Kazakhstan, addressed to an unlimited number of legal entities and individuals (of legal age) acting as entrepreneurs in civil transactions (the "Users"). It is an offer by Metrix Limited Liability Partnership (the "Rightholder"), BIN 170340029448, to conclude a license agreement for the grant of a simple (non-exclusive) license (the "Agreement").
The Rightholder may unilaterally amend this Offer by publishing a new version at: https://metrix.kz/ru/agreement.
DEFINITIONS
- Cash register ("KKM") — the "Alsep" cash register model, version 3.0, registered in the State Register of cash registers under No. 220, provided as a web application at https://app.metrix.kz and as a mobile application for iOS and Android.
- Fiscal Data Operator (OFD) — a legal entity that transmits data on monetary settlements to tax authorities over public telecommunication networks.
- Technical support — the service of providing technical support for the KKM and advice on its functionality.
- Primary KKM User — the User whose phone number was used for the initial activation of the KKM.
1. SUBJECT OF THE AGREEMENT
1.1. The Rightholder grants the User the right to use the KKM (a simple, non-exclusive license) without the right of transfer or sublicensing.
1.2. A working Internet connection on the User’s device is a mandatory condition for full functioning of the KKM.
1.3. The Agreement is territorially limited to the Republic of Kazakhstan.
1.4. The license term equals the period during which the KKM remains in the state register of cash register models of the Republic of Kazakhstan.
2. PROHIBITED USES
2.1. Without the Rightholder’s prior written consent, the User may not:
- modify or embed the KKM into other software;
- sell, sublicense, transfer or lease rights under the Agreement;
- use, copy or distribute the KKM for the benefit of third parties;
- decompile, disassemble or otherwise attempt to derive the source code of the KKM.
3. FEES
3.1. Use of the KKM is free of charge for the User. Certain services may be paid — the terms are set out at metrix.kz and in the Payment and Refund Rules.
3.2. Use of the KKM is subject to charges for Internet access and SMS messages under the tariffs of the User’s provider and mobile operator.
4. EXCLUSIVE RIGHTS
4.1. The exclusive right to the "MetrixKassa" KKM, version 1.0, and to the "Metrix" name and logo belongs to the Rightholder and is protected under the laws of the Republic of Kazakhstan.
4.2. The Rightholder retains exclusive rights to any results of modification of intellectual property.
5. UPDATES AND SUPPORT
5.1. The Rightholder may release KKM updates from time to time. The User agrees, by default, to automatic updates.
5.2. Technical support is provided for as long as the KKM remains in the state register.
5.3. Support is provided:
- in the "Support" section of the mobile KKM application;
- at www.metrix.kz during 8×5 business hours;
- by email: it@metrix.com.ai.
6. ACCEPTANCE OF THE OFFER
6.1. Installing or starting to use the KKM in any form is deemed acceptance of this Offer, meaning full acceptance of all terms of the Agreement without any exceptions or restrictions.
If the User does not agree with this Agreement, the User must immediately stop using the KKM and remove it from the device.
7. ADDITIONAL FUNCTIONALITY
7.1. The Rightholder provides the User with the ability to use additional functionality (integrations with OFD, KGD, PAX Semilink, etc.) under the terms set out in the Service Agreement.
7.2. By accepting the Offer, the User confirms consent to the provision of additional functionality and to the Rightholder receiving information about sales.
8. NO WARRANTIES OR LIABILITY
8.1. The Rightholder does not warrant that the KKM will meet all of the User’s requirements. The Rightholder is not liable for delays or interruptions caused by circumstances beyond its control.
8.2. The User undertakes to independently enter into an agreement with an OFD and to perform all actions required by the laws of the Republic of Kazakhstan.
9. LIMITED LIABILITY
9.1. The Rightholder is not liable to the User or third parties for indirect, incidental or consequential damages, including loss of income or business reputation.
10. INDEMNITY
10.1. The User is solely responsible for complying with the laws of the Republic of Kazakhstan when using the KKM and for settling third-party claims independently.
11. NOTIFICATIONS
11.1. The Rightholder may send the User informational and promotional messages to the subscriber device and email. The User agrees to receive service SMS messages required for KKM functionality.
12. CONFIDENTIALITY AND DATA PROTECTION
12.1. The Rightholder is the operator of personal data processed in the course of performing its obligations under the Agreement.
12.2. By entering into the Agreement, the User consents to the collection, processing and transfer of data under Appendix No. 1. The full Personal Data Processing Policy is available on the website.
12.3. The Rightholder will take measures to protect data from unauthorized access based on standard industry technologies.
13. DISPUTE RESOLUTION
13.1. Disputes are resolved through negotiations between the Parties.
13.2. A mandatory claims procedure is established. The response period for a claim is up to 10 business days.
13.3. If a dispute cannot be settled through negotiations, it is referred to the Specialized Interdistrict Economic Court of Astana.
13.4. In case of discrepancies, the Russian-language version of the Agreement prevails.
APPENDIX NO. 1 — CONSENT TO DATA COLLECTION AND PROCESSING
This consent is granted by the User (the Data Subject) to Metrix Limited Liability Partnership, BIN 170340029448 (the Operator), in accordance with the applicable laws of the Republic of Kazakhstan. Full details of the scope and purposes of data processing are set out in the Personal Data Processing Policy.