End User License Agreement

Safe Mobile - Search and Return of Phones for Kcell Subscribers

ATTENTION! PLEASE READ CAREFULLY THE TEXT OF THE AGREEMENT BEFORE INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT. BY INSTALLING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE PRODUCT.

This License Agreement (hereinafter referred to as the "Agreement") governs the relationship between you, the End User, and RADARME, the company, which supplies the Application under the trademark "mySafeMobile", and it is a legal and binding contract that governs the use of Safe Mobile Application, software, services, and websites (collectively referred to as the “Application”).

Please, print or otherwise save a copy of these Terms for your records.

In this document, RADARME shall mean RADARME Limited Liability Partnership located at: office 305, 117/86 Kazybek bi Street, city of Almaty, Kazakhstan.

Kcell shall mean Kcell JSC, a mobile network operator, located at: bld. 100, Samal-2, city of Almaty, Republic of Kazakhstan.

End User shall mean subscribers of Kcell JSC, a mobile network operator.

1. SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is the transfer by RADARME to the End User of the non-exclusive right to use the Application in the ways specified herein.

1.2. By copying the Application and installing it on your phone, you express your full and unconditional acceptance of all the terms hereof.

1.3. Use of the Application is permitted only under the terms of this Agreement. If you do not accept the terms of the Agreement in full, you are not entitled to use the Application. The use of the Application in violation (non-fulfillment) of any of the terms hereof shall be considered to be the use of the Application without the consent (permission) of the Copyright Holder and entail civil, as well as administrative or criminal liability.

1.4. All of the terms specified herein shall apply both to the Application as a whole and to all the components that make up its composition.

2. APPLICATION

2.1. The application is intended for self-installation on the phone. As part of this Agreement, you confirm that you agree that:

1. Each registered copy of the software is intended for one registered device.

2. The user cannot install the Application on several phones, he/she must download another copy for another device.

3. Upon activation of the Application, you are granted a non-exclusive and non-transferable license to install and use one (1) copy of the specified version of the Application on one phone. The license is valid only for one phone, on which the Application is installed and registered.

4. If you intend to use the Application on another phone, you must uninstall the Application from the phone where it was previously installed, and delete information about this phone on the main page of your personal account at www.my.safemobile.activ.kz. After that, you can install the Application on another phone.

5. The application will constantly send location data to the RADARME server, if the device has active Internet connections and the location function is enabled.

6. In case of cancellation of the service, or non-payment for it for forty five (45) calendar days, the service provision will be stopped, and the features of the Personal Account on remote locking of the lost device and determining its geolocation will be disabled. After the termination of the service, only the locking history and the device's geolocation data will be available in the Personal Account. To learn more about the service packages, please visit www.safemobile.activ.kz.

2.2. RADARME grants you the exclusive right (simple license) to use the Application in the following ways:

1. reproduction of the Application, i.e., its writing in the phone's memory for further operation exclusively within the framework of this Agreement;

2. use of the Application on the user's equipment.

2.3. The application shall be used under the name «Safe Mobile». The User shall not have the right to change the name of the Application, change and/or delete the copyright symbol or other information pointing to RADARME LLC as the Copyright Holder.

3. LIMITATIONS

3.1. You agree to use the Applications only for the purposes permitted by these Terms and the current legislation of the Republic of Kazakhstan, regulations or generally accepted practice of the current legislation.

3.2. Registration. You are aware of and agree that the Application is equipped with protection against copying and unrestricted use. The rights granted hereby in relation to the Application may not gain full effect until the Application is registered in the manner specified in the documentation for the Application and/or at www.safemobile.activ.kz.

3.3. You are aware of and agree that the Content Service is intended for personal use and is not intended for commercial purposes, including, but not limited to, online sales or distribution of the Application through an online store.

3.4. You agree not to carry out on your own and not to allow third parties to carry out the following actions:

1. Disassembling, decompiling (converting the object code into source code) the software, databases and other components of the Application, except for cases when the possibility of such actions is directly provided for by the current legislation of the Republic of Kazakhstan.

2. Modifying the Application, including making changes to the object code of software or databases thereto, with the exception of those modifications that are made by means included in the Application set and described in the documentation.

3. Selling, lending, renting, leasing, sublicensing, publishing, displaying, distributing, or otherwise transferring to a third party the Application, any copy or use thereof, in full or in part, without the prior written consent of the Copyright Holder.

4. Creating conditions for the use of the Application by persons who do not have the right to use this Application, including those working with you in the same network or multi-user system.

4. TERMS OF USE

4.1. By accepting the terms of this license agreement and completing the registration of Safe Mobile Application, you become the owner of the user account for Safe Mobile Application. When you first log into a user account at www.my.safemobile.activ.kz., the login to which is your mobile phone number, you need to change the password that was previously sent to you by SMS. You are responsible for maintaining the confidentiality of your password. You are responsible for all stored, transmitted and received information, for all the actions performed under your account.

4.2. You are aware of and confirm the provision of true, accurate and valid information about yourself, which is necessary for the registration process and the provision of the Application. In order to ensure that you receive uninterrupted service, you must immediately inform RADARME of any changes to your contact information and obvious security breaches such as loss, theft or unauthorized disclosure, or the use of an ID or password. As long as RADARME does not receive an email about a security breach, you shall be responsible for any unauthorized use.

4.3. You agree that you are responsible for keeping your password confidential and secure, and you understand that you shall be solely responsible for any activity that occurs under your user ID. If you are suspicious or certain of any unauthorized use of your account, please contact the Safe Mobile Application support service. You acknowledge and agree that the Content Service is designed and intended for personal use only, and you shall not disclose your account information and/or password to others.

4.4. A user of the Application can be a person who has reached the age of 18 years.

4.5. Individual components and features of the Application provided by RADARME and/or its licensees may be subject to individual license agreements or terms of use. To use these individual components or features of the Application, you must read the terms of the corresponding individual agreement and confirm your consent therewith.

5. DATA PROTECTION

5.1. By accepting the terms of this License Agreement and completing the registration of the Safe Mobile Application at www.safemobile.activ.kz, you consent to the collection and processing of your personal data by RADARME LLP, cross-border transfer of your personal data by any means on any media to third parties whose participation is necessary for implementation of the actions specified herein in the manner and on the terms determined by the current legislation of the Republic of Kazakhstan. You grant RADARME the right to process your personal data in any way provided by law and/or chosen at the discretion of RADARME. Your personal data will be transferred by RADARME to third parties to the extent necessary to fulfill the obligations assumed hereunder.

5.2. Your personal data will be used by RADARME only for the purpose of performing this Agreement. The data is transferred by you voluntarily in order to ensure the fulfillment by RADARME of the obligations hereunder.

5.3. You consent to the transfer of your personal data (to a courier / postal service) for return of the lost Subject of Protection in the amount necessary to fulfill the obligations assumed hereunder.

5.4. RADARME does not have access to the files on your mobile phone / tablet, as well as access to your Personal Account. Within the framework of this Agreement, RADARME is only able to lock the Customer’s lost Subject of Protection.

5.5. You agree to receive advertising information about RADARME services at the email address specified in the User Profile.

5.6. By joining the Agreement, you consent to the recording of your telephone conversations with RADARME when you make a contact about the loss of the Subject of Protection.

5.7. You agree to the transfer of data of the lost devices at the request of the insurer, namely: information about connections (registrations in the network) of lost devices, as well as information about the phone number and the owner of the SIM card, from which the phone went online.

6. WARRANTIES AND REIMBURSEMENT

6.1. RADARME guarantees the quality of the data on the media included in the Application set, and the operability of the software supplied during the warranty period established for the Application by the legislation of the country of purchase, and under the terms specified in the documentation (including electronic documentation), and also guarantees high-quality design of printed documentation.

6.2. Otherwise, the Content Service is provided on an "as is" basis. RADARME does not give any guarantees regarding error-free and uninterrupted operation of the Application, compliance of the Application with the specific goals and expectations of the User, and also does not provide any other guarantees not expressly specified herein.

6.3. RADARME does not guarantee that the Application will operate in conjunction with software and hardware from other manufacturers.

6.5. Any liability of RADARME, regardless of the reasons for its occurrence, shall be limited to the price paid by you for the Application.

6.6. The User agrees that he/she is responsible for the choice of the Application to achieve the desired results, for the installation and use of the Application, as well as for the results obtained with it.

6.7 RADARME and its subsidiaries, branches, managers, employees, agents, partners and licensees do not provide additional guarantees other than those specified herein.

7. UPDATING THE APPLICATION

7.1. This Agreement may be amended by RADARME unilaterally. The information about amendments to this agreement is published at www.safemobile.activ.kz.

These amendments to the terms of this Agreement shall come into force from the date of their publication, unless otherwise specified in the relevant publication. The User shall independently track information on the amendments to the terms of this Agreement on the above-mentioned website. Continued use of the Application in any form after the entry into force of the amendments shall mean that the user agrees to the amendments to the terms of this Agreement.

7.2. This Agreement shall apply to all subsequent updates / new versions of the Application. By agreeing to install an update / new version of the Application, the User accepts the terms of this Agreement for the corresponding updates / new versions of the Application, unless the update / installation of a new version of the Application is accompanied by another Agreement.

7.3. This Agreement does not oblige the Copyright Holder to provide you with any updates. You are under no obligation to update for any reason, and you shall carefully consider the benefits of an update before proceeding. If you do not want to update, you can continue using the version of the software that you have.

8. TRADEMARK AND OWNERSHIP

8.1. The name “RADARME”, the logo “RADARME”, the names "mySafeMobile" and other trademarks, service marks, images and logos of RADARME used in conjunction with the Content Service are trademarks or registered trademarks of RADARME in Kazakhstan and/or other countries. Other trademarks, service marks, images and logos used in conjunction with the Content Service may be trademarks of their respective owners. You do not acquire any rights or licenses to any of the aforementioned trademarks and you agree that you shall not remove, hide or modify any ownership marks (including trademark and copyright messages) that may be added to or contained in the Application.

9. TERMINATION

9.1. You can stop using the Application at any time. To cancel the Application, you need to send the command *6911*4# (free of charge). Any payments paid by you prior to cancelling the Application (except as expressly permitted by these Terms), including any advance payments for the period, during which you cancel the Application, are non-refundable.

9.2. RADARME may at any time, under some circumstances without prior notice, immediately terminate or suspend all or part of your account and/or access to the Application. Reasons for such termination shall include, among others:

1. Violation of the Terms or any other policies or guidelines that are mentioned in this document and/or posted in the Application;

2. Your request to cancel or terminate your account and/or the Application;

3. Termination or material modification of the Application or any part of it;

4. A request and/or order from a law enforcement agency, judicial authority or other government agency;

5. Cases when the provision of the Application to you is or may become illegal;

6. Unforeseen technical problems or issues, as well as security issues;

7. Your participation in fraudulent or illegal activities;

8. Payment arrears for the Application

Any such termination or suspension will be performed by RADARME at its sole discretion, without reimbursement of any advance payments or amounts. RADARME shall not be liable to you or any third party for any losses that may result from termination or suspension of your account and/or access to the Application.

9.3. Upon termination of your account, you lose access to the Application and any of its parts, including, but not limited to, the ability to lock the device from the user account. Any individual components of the Application that you have used and that are subject to individual license agreements (for example, the Backup Application) will also be terminated in accordance with those license agreements.

10. JURISDICTION AND APPLICABLE LEGISLATION

10.1. These Terms and the relationship between you and RADARME shall be governed by the legislation of the Republic of Kazakhstan. You and RADARME agree to submit to the personal and exclusive jurisdiction of the courts in the place where RADARME is domiciled.

11. MISCELLANEOUS

11.1. You are aware of and agree that if you purchased or received the Application via the Internet, including the Application intended "not for sale", as well as a trial version or update of the Application, RADARME shall not:

1. Provide you with any guarantees of any consumer qualities of the Application, the functionality of the Application and its suitability for use for any purpose, even if such guarantees are usually provided in accordance with the customs of business;

2. Transfer any printed materials to you, including the user manual.

11.2. This Agreement shall be deemed to be concluded from the moment you accept its terms, namely: check the box "I agree with the terms of the License Agreement" on the phone screen and click on the "Next" button.

11.3. The Agreement shall be valid during the term of Safe Mobile Application and terminate from the moment of termination of the provision of the Application to the subscriber.

11.4. If you do not agree with the terms of the License Agreement, check the box "I do not accept the terms hereof" and click the "Cancel" button to terminate the installation of the software and exit the installer.

11.5. If any of the provisions of this Agreement is found to be unlawful, the Agreement shall remain in effect with the deletion of such provision, and the remaining provisions shall be deemed to be in full force and effect.

11.6. RADARME guarantees that the data provided by you during the installation, registration and activation of the Application will be stored and used exclusively within RADARME.

RADARME LLP

117/86 Kazybek bi Street, city of Almaty, Republic of Kazakhstan

Business Identification Number (BIN) 120940017685

Current account with IIC KZ02722S000000686857 at Kaspi bank

BIC CASPKZKA