User agreement

IMPORTANT! Before using the “4Sell Cashier” Service software, please carefully read the terms of this User Agreement. Any actions related to launching, registering, connecting, or otherwise actually using the “4Sell Cashier” Service software shall constitute full and unconditional acceptance of this User Agreement in accordance with the provisions of the Civil Code of the Republic of Kazakhstan. Acceptance is equivalent to concluding a written agreement.
This User Agreement for the use of the “4Sell Cashier” software (hereinafter referred to as the “Service”), as well as all its integral parts (including, but not limited to: other agreements, terms of use, payment and refund terms, appendices, Privacy Policy, rules, instructions, supplements, statements and consents to the processing and/or cross-border transfer of personal data, and other information posted within the Service) (hereinafter referred to as the “Agreement”), constitutes an official offer of MICA Limited Liability Partnership (hereinafter referred to as the “Right Holder”), represented by Tatyana Vladimirovna Kim acting on the basis of the Charter, addressed to an indefinite number of persons, to conclude an agreement for the use of the “4Sell Cashier” mobile application Service.
The Service is specialized software intended for use by cashiers and other personnel of retail and catering enterprises for the purpose of: automation of customer service processes, recording and accounting of cashier transactions, transcription and analysis of customer dialogues, monitoring service quality, and evaluating staff performance.
In accordance with Article 395 of the Civil Code of the Republic of Kazakhstan, this Agreement contains all essential terms of the contract granting the right to use the Service (simple non-exclusive license).
The Agreement shall be deemed concluded in written form from the moment the User accepts its terms. Acceptance shall mean the User’s actions indicating agreement with this Agreement, including but not limited to installation, registration, launch, connection, or actual use of the Service.
Pursuant to Article 396 of the Civil Code of the Republic of Kazakhstan, such actions shall be deemed equivalent to concluding a contract on the terms set forth herein.
If the User does not agree with the terms of this Agreement, the User must refrain from installing, registering, launching, connecting, or otherwise using the “4Sell Cashier” Service.

1. TERMS
1.1. Service — software/mobile application hosted on the Internet. All exclusive proprietary rights to the Service, its source code, interface elements, design, algorithms, and other intellectual property incorporated therein belong to MICA LLP under the legislation of the Republic of Kazakhstan. The Service is provided under a simple (non-exclusive) license. No transfer of exclusive rights to the Service or its components is made to the User.
1.2. Right Holder — MICA Limited Liability Partnership, BIN 250640030539, duly registered in the Republic of Kazakhstan at: 48 Abay Street, premises 1, Karaganda, 100012, Republic of Kazakhstan.
1.3. User — an individual using the Service or accessing the Right Holder’s services.
1.4. Legislation — applicable legislation of the Republic of Kazakhstan.
1.5. Personal Data — personal data of the User provided independently during registration or when using the Service.
1.6. Data — other information about the User and/or third parties (not included in the definition of Personal Data).
1.7. Registration — completion of the Registration Form by providing required information.
1.8. Right of Use — the limited non-exclusive right granted to the User to access the Service functionality without transfer of exclusive rights.
1.9. Authorization — a set of actions performed by the User in accordance with Service instructions to access the User’s Personal Account.
1.10. Personal Account — a personal section to which the User gains access for registration and/or authorization within the Service.

2. GENERAL PROVISIONS
2.1. The Service grants the User a simple (non-exclusive) license to use the Service for the purposes described above.
2.2. Using the Service, the User independently collects, processes, and analyzes data provided by the User or obtained through interaction with third parties. The User independently determines the purposes and parameters of such processing and bears full responsibility for the legality thereof.
2.3. Acceptance is effected by:

• confirmation of registration by the Service; or
• installation, launch, or other commencement of use.

2.4. Upon Acceptance, it shall be deemed that:

• the User has read, agreed to, and accepted the offer;
• the Acceptance has been received by the Right Holder;
• the Agreement is concluded electronically and does not require bilateral signing;
• written form requirements are satisfied;
• the right of use is granted from the moment access is opened.

2.5. From the moment of conclusion, contractual relations arise under the Civil Code of the Republic of Kazakhstan. The Right Holder guarantees it possesses sufficient rights to grant the license.
2.6–2.7. The User bears full responsibility for login/password security and all actions performed under their credentials. The Right Holder is not liable for unauthorized access caused by the User.
2.8. The Right Holder does not provide Internet access, hardware setup, training, or similar services.
2.9. The Right Holder may amend this Agreement at any time by publishing a new version without separate notification. Publication constitutes proper notice.
2.11. The Service is provided on an “as is” basis. Compatibility issues, expectation mismatches, or interpretational disputes are not subject to liability.

3. USER RIGHTS AND OBLIGATIONS
The User undertakes to:

• use the Service lawfully and in compliance with RK legislation;
• bear responsibility for uploaded data;
• obtain all necessary third-party personal data consents;
• avoid unauthorized access attempts, malware distribution, reverse engineering, API misuse for competitive products;
• maintain confidentiality of credentials;
• avoid spam, unlawful content, IP infringement, extremist or illegal materials;
• acknowledge that the Service remains the property of the Right Holder.

The User has the right to:

• use the Service within granted scope;
• receive technical support per tariff plan;
• discontinue use in accordance with this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE RIGHT HOLDER
The Right Holder shall:

• provide access within Agreement terms;
• take reasonable measures for uninterrupted operation (excluding maintenance, force majeure, third-party failures);
• process personal data within RK legislation and Privacy Policy;
• take reasonable measures in case of cross-border data transfer.

The Right Holder may:

• suspend access for violations or legal requirements;
• modify functionality without notice;
• use anonymized aggregated data for analytics;
• impose technical limits;
• carry out cross-border data transfers necessary for infrastructure functioning.

5. AUDIO DATA PROCESSING AND USE OF THIRD-PARTY AI SERVICES
The Service may record conversations at the User’s initiative for quality control and analytics. Audio may include voice, speech, and voluntarily provided information.
Speech recognition providers:

• Private Company “ElevenLabs”
• Kazdream Technologies LLP

Only audio and technical metadata are transferred. Further analytics are performed internally. The Service does not make automated decisions producing legal consequences without human involvement.
The User guarantees obtaining necessary consents and acts as the personal data controller. The Right Holder acts only on behalf of and in the interests of the User.
Cross-border processing may occur. The User consents thereto.

6. CONFIDENTIALITY AND DATA PROTECTION
The Right Holder ensures confidentiality in accordance with RK law.
The User bears responsibility for third-party data legality.
The Right Holder is not liable for unauthorized access beyond its control.

7. LIABILITY
The Service is provided “as is”. No warranties, express or implied, are provided.
The Right Holder is not liable for direct, indirect, incidental, consequential damages, loss of profit, data loss, reputational damage, or moral harm resulting from use or inability to use the Service.
All risks associated with use and interpretation rest with the User.
Liability limitations do not apply where mandatory under RK law.

8. TERM AND TERMINATION
Effective from first use until termination.
Termination possible:

• by User (cessation and account deletion);
• by Right Holder (violation);
• by mutual agreement.

9. DISPUTE RESOLUTION
Disputes resolved by negotiation.
If unresolved — court at Right Holder’s location under RK law.

10. FINAL PROVISIONS
Amendments effective upon publication.
Continued use constitutes acceptance.

11. DETAILS
MICA Limited Liability Partnership
BIN 250640030539
Legal address: 48 Abay Street, premises 1, Karaganda, 100012, Republic of Kazakhstan