SOMSEND Mobile Application User Agreement

This User Agreement establishes the procedure and terms for using the SOMSEND mobile application and is entered into between the Right Holder and the User.

This User Agreement constitutes a public offer addressed to the User and may only be accepted by the User by adhering to it in its entirety, without any exclusions and/or limitations.

1. Terms and Definitions

1.1. Subscriber Number means a telephone number assigned to the User by a mobile communications operator when the User connects to the operator’s mobile communications network and which uniquely identifies the person who has entered into a mobile communications services agreement with the mobile communications operator.

The mobile communications services agreement entered into by the User and the mobile communications operator must be executed in writing, identify the parties thereto, and provide the User with the ability to receive and process voice calls and to receive and send SMS and USSD messages using the Subscriber Number.

1.2. Authentication Data means unique data or a combination of the User’s data used to access the Application via the Internet. Authentication Data is assigned to the User in the Application when the User registers in the Application.

1.3. Use of the Application means the performance by the User of any actions aimed at managing their Account, taking actions for the purpose of making Transfers, obtaining information about completed Transfers, and performing any other actions available in the Application.

1.4. Application Content means all objects contained in the Application, including, without limitation, design elements, text, graphic images, illustrations, virtual objects, videos, settings, sound effects, software, music, sounds, information, notifications, and any other similar objects or combinations thereof.

1.5. License means a simple, non-exclusive, revocable, non-transferable, royalty-free license to use the Application for personal, non-commercial purposes in accordance with the procedure and subject to the restrictions established by this Agreement.

1.6. Update means a software package for the Application released by the Right Holder and offered for free download to Users who already use the Application, intended, among other things, to fix non-functioning features of the Application, correct errors in the Application, or introduce software components to improve the security and compatibility of the Application with the Device.

1.7. Money Transfer Operator means Limited Liability Company Settlement Non-Bank Credit Organization “Payment Constructor”, LLC SNCO “Payment Constructor” (Taxpayer Identification Number: 7813662356), which is authorized to carry out money transfer operations upon the instructions of individuals, including transfers using bank cards.

1.8. Offer means the terms and conditions for money transfers established by the Money Transfer Operator and published at: https://somsend.com/en/terms/

1.9. Transfer means a sequence of actions performed by the User through the Application for the purpose of transferring funds to the Transfer Recipient, expressed through the selection of the Transfer Recipient and the provision to the Money Transfer Operator of information regarding:

1.9.1. the Transfer Recipient;

1.9.2. payment details identifying the purpose and destination of the Transfer, including the Transfer Recipient’s bank card details, subscriber telephone number, or other details, depending on the information required when making a particular Transfer;

1.9.3. the Transfer amount;

1.9.4. other information required by the Money Transfer Operator to generate a money transfer instruction.

The subsequent performance of Transfer operations by the Money Transfer Operator shall be governed by the Offer.

1.10. Platform means a specialized platform or online store through which the Right Holder makes the Application available for subsequent download by the User, including the App Store and Google Play.

1.11. User means an individual possessing full legal capacity and competence in accordance with Applicable Law, who has performed conclusive actions aimed at accepting the terms of this Agreement and the Offer and who possesses Authentication Data for accessing the Application in order to manage the User’s Account and/or make Transfers.

A legal entity may not be a User of the Application.

1.12. Transfer Recipient means an individual possessing full legal capacity and competence under Applicable Law who has been designated by the User as the recipient in whose favor the User makes a Transfer.

1.13. Application Software means the software of the Application, including, without limitation, all software, scripts, codes, including HTML codes, programs, and similar components.

1.14. Right Holder means IT UNITES LLC, address: 17 Osiyo Street, Mirzo-Ulugbek District, Tashkent, 1000052, Republic of Uzbekistan, which owns the exclusive rights to the Application.

1.15. Application means the SOMSEND mobile application intended for installation on a compatible User Device and enabling the User to manage their Account, make Transfers, monitor the status of Transfers, and perform other actions available within the functionality of the Application.

1.16. Applicable Law means the laws of the Russian Federation.

1.17. Website means the Right Holder’s website available under the domain: www.somsend.com

1.18. Agreement means this User Agreement, including all amendments, supplements, and appendices thereto.

1.19. Parties means the Right Holder and the User.

1.20. Device means the User’s mobile device, including a mobile telephone, smartphone, tablet, or any other portable device running iOS or Android, having Internet access, and compatible with the Application.

1.21. Account means the User’s account maintained in the Application and containing information required to identify the User when providing access to the Application. The User’s Subscriber Number shall serve as the identifier of the User’s Account in the Application.

All other terms used in this Agreement shall be interpreted in accordance with the applicable laws of the Russian Federation and customary business practices.

2. Subject Matter of the Agreement

2.1. The Right Holder grants the User the right to use the Application under the License within the limits and by the means specified in this Agreement.

2.2. The License shall take effect on the date the User begins using the Application and accepts the terms of this Agreement and shall terminate when the Application is deleted from the Device or when the License is revoked by the Right Holder.

2.3. The License grants the User the right to:

All actions relating to the use of the Application listed in this Clause must be performed by the User personally.

2.4. To use the Application, the User shall register a User Account in the Application in accordance with the procedure established by this Agreement.

2.5. Before using the Application, the User shall review the text of this Agreement and the Offer. Where the User disagrees with any individual provisions or with this Agreement or the Offer in their entirety, the User must refrain from using the Application or, where use has already commenced, discontinue any use of the Application.

2.6. Simultaneously with accepting the terms of this Agreement, the User also accepts the terms of:

2.6.1. the Offer referred to in Clause 1.8 of this Agreement and available at: https://somsend.com/en/terms/

2.6.2. the Privacy Policy available on the Website at: https://somsend.com/en/privacy/

2.6.3. the Consent to Personal Data Processing available on the Website at: https://somsend.com/en/personal-data-consent/

3. Registration in the Application

3.1. To obtain access to the Application, the User shall register an Account in the Application. Registration of an Account is possible only where the User does not have any previously registered Accounts.

3.2. To register an Account, the User must have a valid mobile communications services agreement with a mobile communications operator executed in the User’s name.

The terms of such mobile communications services agreement must allow the User to receive and process voice calls and to receive and send SMS and USSD messages using the Subscriber Number.

3.3. Registration of an Account in the Application shall be performed as follows:

3.3.1. the User downloads the Application to the Device from an available source, including a Platform or the Website;

3.3.2. the User enters their Subscriber Number in international format in the Application registration form. The Subscriber Number specified by the User during registration shall be used as the User’s login when using the Application;

3.3.3. the Right Holder sends an SMS message containing the User Account registration confirmation code to the Subscriber Number;

3.3.4. after receiving the SMS message containing the User Account registration confirmation code, the User enters the received code into the Application registration form;

3.3.5. after the User correctly enters the User Account registration confirmation code, the User will be prompted to create a four-digit code for accessing the Account.

3.4. Registration shall be deemed completed after the User correctly enters the User Account registration confirmation code.

3.5. By performing actions to register an Account, the User accepts the terms of this Agreement and accepts in full the terms of the documents specified in Clause 2.6 of this Agreement.

3.6. Registration is only possible provided that the User agrees to the Right Holder’s documents governing the use of the Application, including this Agreement, the Offer, and the Privacy Policy.

3.7. Upon completion of the actions specified in Clause 3.3 of this Agreement, the User shall be assigned an Account.

3.8. From the moment the User completes all the above actions for registering an Account, the User may use the Application in full in accordance with the procedure and terms contained in this Agreement, the Offer, other internal documents of the Right Holder, the Application, and the Website.

3.9. By accepting the terms of this Agreement, the User confirms their consent to receive information regarding the operation of the Application and its services, including information and other messages sent to the User’s email address or Subscriber Number, as well as push notifications and other messages within the Application.

4. Procedure for Using the Application

4.1. After registering an Account, the User may use the Application, including for the purpose of transmitting information messages required to make Transfers, hereinafter referred to as “Making a Transfer.”

4.2. Transfers shall be initiated by the User by confirming the right to use the Application, specifying the Transfer Recipient’s details in the Application, and providing the Money Transfer Operator with the Transfer details by submitting the relevant request and/or information message.

For the purpose of executing the Transfer, after receiving the Transfer details from the User, the Money Transfer Operator shall generate, on behalf of the User, an instruction to make the Transfer to a particular Transfer Recipient and shall execute that instruction.

4.3. Confirmation of the right to use the Application shall be performed by entering the Authentication Data assigned to the User when registering the Account.

4.4. The combination of the User’s Authentication Data shall be recognized by the Parties as unambiguous and indisputable confirmation of the transactions, instructions, requests, and notifications made by the User.

4.5. The use of Authentication Data ensures the verification of the authenticity of an electronic document and the identity of the person who signed it.

4.6. The use of Authentication Data in electronic messages transmitted by the User for the purpose of obtaining access to and using the Application shall produce legal consequences equivalent to the use of a handwritten signature in accordance with Applicable Law.

All documents related to the performance of this Agreement and authenticated using Authentication Data shall be recognized as documents executed in writing.

4.7. After verifying the conformity of the Authentication Data entered by the User and the sufficiency of the Transfer details provided by the User, the User shall receive a notification that the relevant instruction has been accepted for execution by the Money Transfer Operator or that execution of the instruction has been refused, depending on the results of the verification.

4.8. The User is informed and agrees that all operations in the Application may only be performed where the User enters correct Authentication Data.

Repeated entry of incorrect Authentication Data in the Application may result in the temporary blocking of the Account.

The Right Holder shall not be liable for any inconvenience or restrictions in the use of the Application during the temporary blocking of the Account.

4.9. The Right Holder shall recognize as the User any person who has successfully completed authorization and uses the Application for its intended purpose.

4.10. The User shall provide the Transfer details by supplying the following information:

4.10.1. information about the Transfer Recipient;

4.10.2. payment details identifying the purpose and destination of the Transfer, including the Transfer Recipient’s bank card details, subscriber telephone number, or other details, depending on the information required when making a particular Transfer;

4.10.3. the Transfer amount;

4.10.4. other information required by the Money Transfer Operator to generate a money transfer instruction by completing the relevant form on the Device through the Application.

4.11. After receiving from the User the Transfer details and other information required to generate a money transfer instruction, the Money Transfer Operator shall generate, on behalf of the User, an instruction to make the Transfer and execute such instruction in accordance with the procedure established by the Offer.

4.12. When making Transfers through the Application, the User may be charged a fee for the services of the Money Transfer Operator relating to the execution of Transfer instructions.

The amount of such fee shall be determined by the tariffs of the Money Transfer Operator and communicated to the User in the Application before the relevant Transfer is made.

The fee charged for making the Transfer shall be debited from the User’s account or bank card used by the User to make the Transfer.

4.13. The Right Holder does not regulate or control:

4.13.1. the execution by the Money Transfer Operator of Transfers for which the relevant information was transmitted by the User through the Application and shall not be liable for the failure or delay by the Money Transfer Operator in executing such Transfers;

4.13.2. the legality of the Transfer, the terms and grounds of the Transfer, the consequences of the Transfer, the legality of the transaction between the User and the Transfer Recipient, or the existence and consequences of the conclusion, performance, and termination of any transaction, including the refund of payment under such transaction and the payment of applicable taxes and fees by the User and/or the Transfer Recipient;

4.13.3. the Right Holder shall also not consider claims from the User concerning the failure or improper performance by the Transfer Recipient of their obligations under a transaction, including obligations to provide the User with purchased goods, works, or services.

4.14. If the mobile communications services agreement between the User and the mobile communications operator is terminated and the Subscriber Number specified by the User when registering the Account is cancelled, the User shall discontinue using the Application with Authentication Data incorporating the cancelled Subscriber Number and terminate this Agreement in accordance with the procedure established herein.

4.15. Until the User provides a new Subscriber Number or until the Right Holder receives the User’s written notice of termination of this Agreement and refusal to use the Application, the Right Holder may block the User’s access to the Application using Authentication Data that includes the cancelled Subscriber Number.

4.16. The Right Holder and the Money Transfer Operator may establish restrictions on the parameters of Transfers that may be made by Users through the Application, including restrictions regarding:

4.16.1. the maximum amount of an individual Transfer or the total amount of Transfers over a specified period;

4.16.2. the period during which Transfers may be made;

4.16.3. the geographical location of Devices through which the User generates and transmits to the Money Transfer Operator requests and information messages for the purpose of making a Transfer.

Restrictions on Transfer parameters established by the Money Transfer Operator shall be specified in the Offer.

4.17. The Right Holder may:

4.17.1. block the User where there are suspicions of unlawful activity or compromise of the User’s Account;

4.17.2. terminate Users’ access to the Service where the Service or Users’ Accounts have been compromised, including unauthorized access by third parties to the software;

4.17.3. refuse Users the ability to make Transfers, including the collection and transfer of information required to generate Transfer instructions, where the country code of the country of which the User is a resident corresponds to a foreign state or territory included in the list of foreign states and territories committing unfriendly actions against the Russian Federation, Russian legal entities, and individuals, as established by Decree of the Government of the Russian Federation No. 430-r dated March 5, 2022, “On Approval of the List of Foreign States and Territories Committing Unfriendly Actions against the Russian Federation, Russian Legal Entities, and Individuals”;

4.17.4. prevent the initiation of Transfers and refuse a Transfer where such Transfer is made:

5. Rights and Obligations of the User

5.1. The User may use the Application in full by performing the actions provided for by this Agreement in the sequence determined by the Application and using their Authentication Data.

5.2. The User’s right to use the Application after registering an Account is personal and may not be transferred by the User to third parties.

5.3. Where the User transfers their Authentication Data to a third party, the User shall bear full responsibility for the actions performed by such third parties through the Application, as well as for any damage caused by such third parties to the Application, the Right Holder, or the Account, including Transfers made using funds held in the User’s accounts or bank cards.

5.4. The User may discontinue using the Application at any time.

5.5. The User shall:

5.5.1. comply with all obligations assumed under this Agreement;

5.5.2. use the Application exclusively for personal, non-commercial purposes;

5.5.3. provide accurate, complete, and correct information about themselves when registering and authorizing in the Application and keep such information up to date;

5.5.4. not impersonate any third party, including another User of the Application, or use or provide third-party data for registration or authorization in the Application without obtaining that person’s direct, prior, and informed consent;

5.5.5. not use automatic or automated tools for registering new users, including robots or bots;

5.5.6. not perform any actions, whether using automation tools or otherwise, aimed at collecting the data of other Users of the Application;

5.5.7. not independently perform or assist third parties in performing any actions aimed at undermining or impairing the operation of the Application, including, without limitation:

5.5.8. not use the Application in violation of this Agreement, the Offer, the rights and legitimate interests of the Right Holder, the Money Transfer Operator, other Users of the Application, or other third parties, or in violation of Applicable Law;

5.5.9. not perform any other actions that are unlawful, fraudulent, discriminatory, or misleading toward the Right Holder, the Money Transfer Operator, other Users of the Application, or other third parties;

5.5.10. not reproduce, duplicate, copy, sell, assign, or use the Application, Application Content, or Application Software for commercial purposes and not provide third parties with access to the Application for use by such third parties for the purposes specified in this Clause;

5.5.11. not decompile, modify, decode, disassemble, or emulate the Application or its components and services; not distribute, communicate to the public, or otherwise provide access to the Application; and not reverse engineer the Application or any of its individual components and services;

5.5.12. ensure the confidentiality and security of their Authentication Data and not disclose Authentication Data to third parties.

If Authentication Data is lost, the User shall immediately notify the Right Holder by sending the relevant notice to: info@itunites.uz

If the User fails to notify or does not promptly notify the Right Holder of the loss of Authentication Data, the Right Holder shall not be liable for any damage caused to the Account, including Transfers made using the User’s funds, through the Application using the User’s Authentication Data before the Right Holder receives proper notice.

In addition, the User shall compensate the Right Holder for damage caused by third parties using the User’s Authentication Data.

5.5.13. take appropriate measures to safeguard the Device and bear responsibility where third parties gain access to the Device.

If the Device is lost, the User shall immediately notify the relevant authorized organizations of the need to block the Subscriber Number, bank cards, and accounts.

5.6. At the time of entering into this Agreement, the User gives the Right Holder consent to process their personal data.

Processing of personal data means the performance by the Right Holder of any action or set of actions performed with or without the use of automation tools involving personal data, including:

Such consent is given by the User in relation to any data that may become known to the Right Holder in connection with the performance of obligations under this Agreement, including, without limitation:

The User also consents to the transfer, including cross-border transfer, of their personal data by the Right Holder to third parties for the purposes of performing the actions specified in this Clause, provided that the Right Holder and such third parties have entered into a duly executed agreement requiring such third parties to comply with Federal Law of the Russian Federation No. 152-FZ dated July 27, 2006, “On Personal Data.”

The User’s consent to the processing of personal data by the Right Holder shall remain valid until the purposes of processing have been achieved and the contractual relationship between the User and the Right Holder has terminated.

The User may withdraw consent personally by submitting a written application to the Right Holder containing information about the User, the date on which consent was granted, and the grounds for withdrawal.

Upon receiving the withdrawal of consent, the Right Holder shall discontinue processing the personal data and destroy the personal data within the period established by Federal Law No. 152-FZ dated July 27, 2006, “On Personal Data,” except where the processing of personal data is required in accordance with Applicable Law.

5.7. By entering into this Agreement, the User consents to the Right Holder providing the Money Transfer Operator with the User’s personal data and other information required under the applicable laws of the Russian Federation for the purpose of enabling the Money Transfer Operator to execute Transfers for which the relevant information was transmitted by the User through the Application.

5.8. By entering into this Agreement, the User confirms that they have a valid mobile communications services agreement with a mobile communications operator executed in the User’s name and confirming the User’s right to use the Subscriber Number specified when registering the Account.

The User undertakes to provide that agreement upon the Right Holder’s first request so that the Right Holder may identify the User and confirm the User’s right to manage the Account registered in the Application using the Subscriber Number.

5.9. By entering into this Agreement, the User grants the Right Holder the right to make voice calls and consents to receiving SMS messages from the Right Holder or third parties engaged by the Right Holder for such purpose at the Subscriber Number specified by the User when registering the Account for the following purposes:

5.9.1. improving the security of the use of the Application, including when making Transfers to Transfer Recipients;

5.9.2. informing Users about the operation of the Application, new products, functions, and services of the Application, as well as new products and services provided by the Right Holder;

5.9.3. sending information requests asking the User to confirm requested Transfers;

5.9.4. sending the User additional information on the instructions of the Transfer Recipient in whose favor a Transfer was made through the Application.

5.10. By entering into this Agreement, the User confirms that they are solely responsible for checking and monitoring whether the installed Application complies with the technical specifications and capabilities of the Device and/or any other restrictions that may apply to the User and/or Device through third parties, including the service provider.

5.11. Where the User accesses the Application through a Platform or the Website, the User shall automatically be deemed to have accepted the terms of use of that Platform or Website.

The User is responsible for reviewing the terms of use of the Platform and Website and for any failure to comply with them.

5.12. The User shall, independently and at their own expense, ensure the proper operation of the Device and its connection to mobile and Internet networks.

The User acknowledges that their agreement with the mobile and/or Internet network provider shall apply to the User’s use of the Application.

The User also acknowledges that the provider may charge the User for data transmission services when using certain functions of the Application and may impose other fees and charges arising in connection with such transmission, for which the User shall be responsible.

Where the User is not the person responsible for paying the provider’s invoices for the Device used to access the Application, it shall be presumed that the User has obtained permission from the person responsible for paying such invoices to use the Application.

5.13. To use the Application, the User must possess full legal capacity and competence, be at least 18 years of age, and not be restricted from accessing the Application or the services and features provided by the Application by a final and binding court decision or in circumstances established by applicable law or this Agreement.

5.14. For the avoidance of doubt, the User is hereby informed, acknowledges, and understands that:

5.14.1. the Application is a payment mobile application provided on an “as is” basis, meaning that the Application is provided with the functional features and in the condition in which it exists at the time it is made available;

5.14.2. the Right Holder is not:

5.14.3. the Right Holder does not accept funds from the User and does not transfer or deliver funds to the Transfer Recipient.

All Transfers are performed by the Money Transfer Operator in accordance with Applicable Law and on the basis of the User’s instruction.

6. Updates and Restrictions on the Operation of the Application

6.1. The Right Holder reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Application, Application Content, and Application Software at any time, without stating a reason and at its sole discretion.

Accordingly, the Right Holder shall not be liable to Users or third parties for any changes, modifications, deletions, abolitions, discontinuations, or interruptions in the operation of the Application.

6.2. Considering that the Application is a technically complex product, the Right Holder does not guarantee that the Application will be available to the User permanently, continuously, or without interruptions and failures.

Problems, technical failures, and other malfunctions may occur in the operation of the Application, and the Right Holder may require time to investigate and correct them.

The User agrees that the Right Holder shall not be liable for any losses, damage, or inconvenience caused by the User’s inability to access or use the Application during downtime, maintenance, or suspension of the Application for the reasons specified above.

6.3. The Right Holder may provide Updates and require that they be installed on the User’s Device.

The User shall be solely responsible for the proper and timely installation of Updates and for any losses, damage, or loss of profit caused by the late installation or failure to install Updates or the incompatibility of Updates with the Device.

6.4. The terms of this Agreement shall apply to all Updates to the Application.

6.5. By agreeing to install an Update to the Application, the User accepts the terms of this Agreement in relation to the relevant Update, unless the Update is accompanied by a separate agreement.

6.6. The Right Holder may, at any time, terminate or suspend the User’s access to the Application by blocking or deleting the User’s Account in the following cases:

6.6.1. the User violates this Agreement or the Right Holder has sufficient grounds to believe that such violations have occurred;

6.6.2. the User violates the Right Holder’s intellectual property rights;

6.6.3. the User performs actions that are unlawful, violate the rights and interests of the Right Holder, other Users, or third parties, undermine the operation of the Application, or interfere with the ability of other Users to use the Application;

6.6.4. the User uses the Application in a manner that may result in legal liability for the Right Holder;

6.6.5. blocking or deletion is required by Applicable Law or ordered by any competent government authority, including internal affairs authorities, courts, or bailiff services;

6.6.6. the User violates legislation relating to anti-money laundering and counter-terrorist financing requirements, including AML and CTF requirements.

6.7. If any of the circumstances specified in the preceding Clause occur, the User shall be prohibited from creating any other Accounts in the Application until the reasons that served as the basis for the suspension, blocking, or deletion of the Account have been eliminated.

6.8. In all cases where the User’s Account or the Application is deleted from the User’s Device, regardless of which party initiated the deletion, all data and information posted by the User in the Application and/or associated with the User may be permanently deleted.

The Right Holder assumes no responsibility for the deletion of such data or information or for any harm, damage, losses, or loss of profit caused by such deletion and/or the lack of access to the Application in general.

7. Intellectual Property

7.1. The Right Holder owns all rights of ownership, without exception, including exclusive rights to the Application, all Application Content, and the Application Software.

The Application, Application Software, and Application Content are protected in accordance with the applicable civil laws of the Russian Federation and international treaties and conventions relating to the protection of intellectual property.

7.2. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling, in whole or in part, transferring by any means for consideration or free of charge, sublicensing, otherwise distributing, or using the Application, Application Content, or Application Software, except where such actions are expressly permitted by this Agreement.

7.3. Nothing in this Agreement may be interpreted as transferring to the User any exclusive rights to the Application, Application Content, or Application Software, whether in whole or in part, or as transferring to the User any rights to any intellectual property of the Right Holder not expressly specified in this Agreement.

8. Liability

8.1. The Right Holder warrants that it lawfully owns the Website and the Application, is entitled to use them in accordance with this Agreement, and possesses all rights required to publish information and other materials on the Website and in the Application.

8.2. The User agrees that they are solely responsible for maintaining the confidentiality of the data used to access the Application.

The User also agrees that they bear exclusive responsibility to the Right Holder and third parties for all actions performed through the Account and the Application.

8.3. The User shall be solely responsible for all actions and their consequences arising from the use of the Application through the User’s Account, including where the User voluntarily transfers the data required to access the Account to third parties.

All actions performed in the Application through the User’s Account shall be deemed to have been performed by the User.

8.4. The User shall be solely responsible for the safe use of the Application and for properly ending sessions and logging out of the Application.

8.5. The User shall be solely liable to third parties for actions connected with the use of the Application, including where such actions result in a violation of the rights and legitimate interests of third parties, and for compliance with the law when using the Application.

The Right Holder shall not be liable for loss of profit, loss of income, loss of data, financial or other losses, or indirect or unforeseen damage, unless otherwise provided by law.

8.6. In the event of a violation of the rules governing the use of the Application, the User’s obligations, or the prohibitions specified in this Agreement, the User shall compensate the Right Holder in full for losses caused by such actions in accordance with the applicable laws of the Russian Federation.

8.7. The Right Holder shall not be liable to the User or any third parties:

8.7.1. for any indirect, incidental, or unintentional damage, including loss of profit or data or harm to honor, dignity, or business reputation caused by the use of the Application or Website, or by services or other materials accessed by the User or other persons through the Application or Website;

8.7.2. for the actions of other Users, the operation of the Platform, the work, services, or tariffs of the Money Transfer Operator, or goods or services provided by third parties or other Users to which the User obtained access through the Application;

8.7.3. for any violation of third-party rights resulting from actions performed by the User through the Website or Application;

8.7.4. for erroneous Transfers made by the User or for incorrect details and/or information regarding the Transfer Recipient or other information required for the proper execution of a Transfer;

8.7.5. for any direct or indirect losses or loss of profit resulting from:

8.8. The User shall be responsible for complying with Applicable Law, including international legal rules and national legislation.

9. Confidentiality and Security

9.1. The Parties shall take all necessary measures to ensure the security and protection of information and documents exchanged through the Application or Website or otherwise made available to the Parties in connection with the use of the Application.

9.2. The User shall independently take all necessary measures to maintain confidentiality, prevent unauthorized use, and protect their Authentication Data from unauthorized access by third parties.

The User shall not disclose Authentication Data to third parties.

9.3. To prevent unauthorized use and protect Authentication Data from unauthorized access by third parties through remote access channels, the User shall install antivirus software on the Device and keep it updated in a timely manner.

Where the User’s failure to use antivirus software, use of unlicensed or unlawfully acquired antivirus software, or failure to update antivirus software in a timely manner results in third parties obtaining unauthorized access to the User’s Authentication Data, the Right Holder shall not be liable for damage caused to the User’s Account, including Transfers made using the User’s funds, through the Application using the User’s Authentication Data.

9.4. The Right Holder shall maintain the confidentiality of the User’s personal data and other information regarding the User that becomes known to the Right Holder in connection with the User’s use of the Application, except where:

9.4.1. such information is publicly available;

9.4.2. the information is disclosed at the request or with the permission of the User;

9.4.3. the information must be provided to Transfer Recipients designated by the User to the extent required to perform this Agreement;

9.4.4. disclosure of the information is required under Applicable Law, in connection with suspicious Transfers or transactions, or upon receipt of a relevant request from a court or competent government authority.

9.5. The Right Holder shall monitor and ensure the confidentiality of the User’s personal data.

The Right Holder shall not use or disclose information identifying the User for purposes unrelated to the preparation or issuance of documents, the submission of claims, or settlements with the User.

Disclosure of information is permitted exclusively in cases of which the User was informed in advance when such information was obtained or with the User’s consent.

9.6. The Parties undertake not to use the Application to conduct unlawful financial operations, unlawful trade, money laundering operations, or any other operations in violation of Applicable Law.

The Parties shall prevent attempts to conduct unlawful trade, unlawful financial operations, or operations aimed at legalizing or laundering proceeds of crime.

9.7. The Right Holder reserves the right to refuse the User the use of the Application, in whole or in part, where there are reasonable doubts regarding the legality of the User’s actions.

In such cases, the Right Holder may require the User to:

9.7.1. provide additional information regarding the User’s activities, including documents in paper form.

If the User refuses to provide such information or fails to provide it within 15 calendar days from the date the relevant request is sent to the User, the Right Holder may block the User’s Account;

9.7.2. provide documents identifying the User;

9.7.3. provide a notarized copy of the mobile communications services agreement entered into with the mobile communications operator and granting the User the right to use the Subscriber Number specified when registering the Account in the Application.

9.8. The User may not use the Application to conduct operations aimed at systematically deriving profit or concealing income.

The User is aware of the criminal and administrative liability for conducting business activities without registration, in violation of registration requirements, in violation of licensing requirements and conditions, or in violation of the requirements of Applicable Law governing settlements and payments.

9.9. The Right Holder may, at any time and without additional notice to the User, develop and introduce additional security measures for the use of the Application.

The Right Holder shall publish a notice on the Website or in the Application regarding the introduction of such additional security measures and the actions subsequently required from Users, where applicable.

9.10. If the User violates the obligations established by this Agreement, the Right Holder may block the User’s access to the Application until the User remedies the violation, including by providing documents or information requested by the Right Holder.

10. Procedure for Resolving Claims and Disputes

10.1. All questions, requests, and claims relating to the use or inability to use the Application or to possible violations of the law and/or third-party rights shall be submitted by the User to: info@itunites.uz

10.2. In the event of any disputes or disagreements relating to the performance of this Agreement, the User and the Right Holder shall make every effort to resolve them through negotiations.

Where disputes or disagreements cannot be resolved through negotiations, they shall be resolved in accordance with the procedure established by the applicable laws of the Russian Federation.

The language of legal proceedings shall be Russian.

10.3. The Right Holder’s failure to act in the event of the User’s violation of this Agreement shall not deprive the Right Holder of the right to protect its rights and interests at a later time and shall not constitute a waiver of the Right Holder’s rights in the event of similar violations by the User in the future.

11. Amendments to the Agreement

11.1. The Right Holder may amend or supplement this Agreement unilaterally.

The User’s continued use of the Application after amendments and/or supplements have been made to this Agreement shall confirm the User’s consent to such amendments and/or supplements.

Where the User disagrees with any provision of the amended documents, the User may not use the Application.

11.2. The User understands and agrees that, where the User continues to use the Application after the effective date of the relevant amendments to this Agreement, such use shall be regarded as the User’s acceptance of the new version of the Agreement.

11.3. Amendments and supplements to this Agreement shall take effect from the moment they are published on the Website and in the current version of the Application.

Users shall independently monitor such amendments.

11.4. The current version of this Agreement shall be published on the Website and in the Application.

12. Final Provisions

12.1. If any provision of this Agreement is invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.

12.2. By agreeing to the terms of this Agreement, the User, or the User’s representative, including an individual duly authorized to enter into this Agreement on behalf and in the interests of the User, confirms and warrants to the Right Holder that:

12.2.1. the User shall provide accurate information about themselves in the Application, including when creating an Account;

12.2.2. the User has fully reviewed all terms of this Agreement and the Offer, understands the subject matter of this Agreement and the Offer, and understands the meaning and consequences of their actions relating to entering into and performing this Agreement and the Offer and using the Application;

12.2.3. all terms of this Agreement and the Offer are clear to the User, and the User accepts them in full without reservations or limitations;

12.2.4. the User shall not use the Application for any purposes other than those specified in this Agreement.

12.3. For all actions performed by the User when using the Application and the Website, the time of performance shall be determined according to Moscow time.

12.4. The Parties designate Russian as the language of this Agreement and the language to be used in all interactions between the Parties, whether oral or written, including correspondence, requests, notices, explanations, and the provision of documents.

All documents provided in accordance with this Agreement must be prepared in Russian or accompanied by a duly certified translation into Russian.

12.5. This Agreement has been prepared in Russian. If this Agreement is translated into other languages, the Russian-language version shall prevail.

12.6. This Agreement shall be deemed entered into from the moment the User performs actions aimed at registering the User’s Account in the Application by any method provided for by this Agreement.

12.7. This Agreement shall be deemed terminated at the User’s initiative when the Application is deleted from the Device.

12.8. Right Holder’s details:

IT UNITES LLC

Address: 17 Osiyo Street, Mirzo-Ulugbek District, Tashkent, 1000052, Republic of Uzbekistan

Email address: info@itunites.uz