Terms & Conditions (User and License Agreement)

USER AGREEMENT

Last updated: [11.04.2026]

1. Definitions

1.1 For the purposes of this Agreement, the following definitions shall have the following meanings:

“Agreement” means this User Agreement concluded between the User and the Company;

“Company” means the limited liability partnership "FATON", BIN 260340014002, a duly registered legal entity in accordance with the legislation of the Republic of Kazakhstan, being the right holder of the Application;

“User” means a legally capable individual using the Application under the terms set forth in this Agreement for the purpose of:

(i) placing Orders for Goods;

(ii) arranging delivery of Shipments.

“Application” means the software "FATON" for mobile devices provided by the Company to Users under the terms of this Agreement and intended for placing Orders and interacting with Partners, Couriers;

“Payment Provider” means a legal entity or payment organization providing services for processing and executing payments using bank cards and other electronic means of payment, as well as ensuring technological interaction between the issuing bank, acquiring bank and the Company;

“Goods” means any goods, products or items, including but not limited to food products, prepared meals, beverages, as well as non-food goods (including clothing, hygiene products, household and other goods), offered by Partners for sale and/or preparation (where applicable) and available for ordering by the User via the Application, provided that their sale is not prohibited by the legislation of the Republic of Kazakhstan;

“Shipment” means documents, correspondence, as well as other items and goods transferred by the User for delivery to another User or a third party via a Courier through the Application. The User may order delivery of a Shipment from any point A to any point B, specifying the sender and the recipient. In all cases, payment for delivery shall be made exclusively by the User;

“Service Fee” means a fee charged by the Company from the User for providing access to the Application functionality, processing the Order, organizing interaction between the User, Partners, Couriers, as well as for other related services of the Company. The amount of the Service Fee is determined by the Company and displayed in the Application prior to Order confirmation;

“Partner” means a legal entity or individual entrepreneur engaged in preparation and/or sale of Goods to Users of the Application when they place Orders via the Application, as well as performing delivery of Goods to Users in cases where such function is предусмотрена (provided for) by the Application;

“Courier” means a legal entity, individual entrepreneur or individual (not being an employee of the Company) providing services for delivery of Shipments and/or Goods ordered by the User from a Partner via the Application, except in cases where delivery is performed directly by the Partner;

“Order” means a request placed by the User via the Application for the purchase of Goods from a Partner, delivery of a Shipment, accepted for execution by the relevant Partner, Courier;

“Services” means the aggregate of services available to the User through the Application, including: ordering Goods; delivery of Goods; delivery of Shipments.

2. General Provisions

2.1 This Agreement governs the relations between the Company and Users of the Application.

2.2 This Agreement is a contract of adhesion in accordance with Article 389 of the Civil Code of the Republic of Kazakhstan, the terms of which are determined by the Company and may be accepted by the other party, i.e. the User, only by joining the Agreement as a whole.

By using the Application, the User confirms that they have read, understood and agree to comply with the terms of this Agreement.

2.3 The Application provides a technological platform enabling Users to:

• place Orders for Goods (including food and other goods) from Partners with subsequent delivery by Couriers;
• arrange delivery of Shipments from the User to third parties with the ability to specify sender and recipient, with payment made by the User;

2.4 Depending on the selected service, the User enters into direct legal relations:

• with Partners (sellers of goods);
• with Couriers (in case of delivery).

In all cases, the Company acts solely as an information intermediary and owner of the technological platform, unless expressly stated otherwise.

3. User Registration

3.1 To use certain functions of the Application, the User must create an account.

3.2 The User undertakes to:

• provide accurate information;
• keep the provided data up to date;
• ensure confidentiality of account credentials.

3.3 The User is responsible for all actions performed using their account.

4. Placing Orders

4.1 The User may, via the Application:

• place Orders for Goods offered by Partners;
• place Orders for delivery of Shipments to third parties indicating sender and recipient, paid by the User.

4.2 Depending on the type of Service:

• an Order for Goods is considered accepted after confirmation by the Partner;
• an Order for Shipment delivery — after acceptance by the Courier.

4.3 The User undertakes to:

• provide accurate data (addresses, contact details, recipient information);
• ensure the possibility of Order fulfillment;
• for Shipment delivery — ensure legality of the Shipment contents.

4.4 The User is prohibited from transferring for delivery:

• items prohibited or restricted in circulation;
• dangerous, explosive, toxic substances;
• items whose circulation violates the legislation of the Republic of Kazakhstan.

4.5 If an Order cannot be fulfilled due to the User’s fault, the Order may be cancelled without refund of the cost of the relevant Service.

5. Prices and Payments

5.1 Prices for Goods listed in the Application are set independently by Partners at their own discretion. The Company does not determine or control the prices of Goods and is not responsible for their relevance, accuracy or compliance with actual Partner prices.

The Partner bears full responsibility for setting and indicating prices in the Application, as well as for any discrepancies between the price stated in the Application and the actual price of the Goods.

In case of price discrepancies, any claims, demands or disputes shall be resolved directly between the User and the relevant Partner. The Company is not a party to such disputes and is not obliged to participate in their resolution.

5.2 The cost of services available through the Application is formed depending on their type and may include:

For Goods Orders (food and other goods delivery):

• cost of Goods;
• delivery cost;
• Service Fees;
• applicable taxes, including VAT (if applicable);
• packaging cost (if not included in the price of the Goods).

For Shipment delivery:

• delivery cost calculated based on distance, time, dimensions or other parameters;
• Service Fees;
• other applicable charges displayed in the Application.

The User acknowledges and agrees that the price of Goods indicated by the Partner in the Application may not include packaging cost. In cases prescribed by legislation, mandatory requirements or standards, packaging cost may be charged additionally.

In particular, the User agrees that the cost of plastic packaging used in fulfilling the Order may be charged separately from the cost of the Goods.

5.3 Payment may be made by:

• bank card;
• cash upon receipt of the Order;
• electronic payment systems;
• other methods available in the Application.

5.4 Payments may be processed by third-party Payment Providers. When paying by bank card, the User enters card details in the Application, after which it is saved as a payment method linked to the User’s account. The Company does not store full card details and has access only to the last four digits. Full card data is stored by the Payment Provider.

5.5 The Company accepts payments as a collection agent on behalf of Partners and Couriers via Payment Providers. Payment Providers are responsible for licenses and compliance with law. The Company bears no responsibility for violations by Payment Providers.

5.6 Payment made via the Application is considered proper fulfillment of the payment obligation and releases the User from paying directly to Partners, Couriers.

5.7 The User agrees that payment may be charged:

• at the moment of placing the Order;
• or after its completion.

5.8 Refunds are made in accordance with Section 7 and Payment Provider rules.

5.9 The Company is not responsible for:

• actions or inaction of Payment Providers;
• payment refusals;
• refund delays caused by banks or payment systems.

6. Delivery and Transportation

6.1 Delivery of Goods and Shipments is carried out by Couriers — independent partners of the Company.

6.2 The time of delivery of Goods/Shipments indicated in the Application is approximate. The Company does not guarantee exact timing, as it depends on a number of factors beyond its direct control, including the work of Partners, preparation time of Orders, actions of Couriers, accuracy of information provided by the User when placing the Order, and the User’s availability at the time of Order execution.

6.3 Accordingly, the delivery time of Goods/Shipments and vehicle arrival time displayed in the Application is indicative. The Company is also not responsible for the availability of Couriers and for proper performance by them of tasks related to Order delivery, including, but not limited to, compliance with routes, timing, or other Order conditions.

6.4 Delivery timing may also be affected by:

• weather conditions;
• traffic conditions;
• workload of Partners/Couriers;
• other circumstances beyond the control of the Company or its partners.

6.5 The User agrees that:

• transportation is carried out by third parties who are not employees of the Company;
• the Company is not a carrier, freight forwarder, or delivery service in the legal sense.

7. Order Cancellation and Refunds

7.1 The User has the right to cancel an Order in accordance with the procedure and conditions depending on the type of service and stage of Order execution.

7.2 Goods Orders (food and other goods)

7.2.1 The User may cancel the Order before preparation begins by the Partner without charge.

7.2.2 If cancellation occurs after preparation has begun:

• the cost of Goods may be charged to the User;
• notification of preparation start is provided in the Application.

7.2.3 If the Courier has already accepted the Order:

• a delivery cancellation fee may be charged;
• the amount is displayed in the Application.

7.2.4 If the Order has been accepted by both the Partner and the Courier:

• both the cost of Goods and delivery fee may be charged.

7.3 Shipment Delivery

7.3.1 The User may cancel the Order before it is accepted by the Courier without charge.

7.3.2 If cancellation occurs after acceptance:

• a cancellation fee may be charged;
• the amount depends on the stage of execution (arrival, waiting, start of delivery).

7.3.3 If the Courier has already arrived:

• a call-out and/or waiting fee may be charged.

7.3.4 If delivery cannot be completed due to the User’s fault:

• the Order may be considered partially or fully completed;
• no refund or partial refund may be provided.

7.5 General Refund Provisions

7.5.1 Refunds are made using the same method as payment, unless otherwise required by the Payment Provider.

7.5.2 Refund timing depends on:

• the User’s bank;
• the Payment Provider;
• payment method.

7.5.3 The Company may refuse a refund if:

• the Order was properly fulfilled;
• cancellation violated the Agreement;
• there are signs of abuse or fraud.

7.5.4 In case of technical errors or double charges, the Company may adjust payments.

7.6 Payment Disputes

7.6.1 In case of disagreement, the User must first contact Company support.

7.6.2 The User agrees not to initiate unjustified chargebacks without contacting the Company.

7.6.3 If violated, the Company may:

• restrict access;
• suspend services;
• recover damages.

8. User Obligations

8.1 The User agrees to:

• not use the Application for illegal purposes;
• not violate third-party rights;
• not disrupt the Application;
• not use automated access tools (bots, scripts).

9. Limitation of Liability

9.1 The Company is not liable for:

• quality, safety, or composition of Goods;
• actions or inaction of Partners;
• actions or inaction of Couriers;
• delivery delays;
• indirect losses.

Maximum liability is limited to the cost of a specific Order.

9.2. The User acknowledges that the Company is not the manufacturer of the Goods and shall not be responsible for the preparation, quality, or safety of the Goods and/or services offered through the Application, nor for the performance of any assignment or delivery requested via the Application.

9.3. The User confirms and agrees that the Company acts solely as an intermediary and is not responsible for the information provided by Couriers and/or Partners. The Company shall also not be liable for any losses or damages that may be incurred by Users as a result of violations of this Agreement.

9.4. The placement of an Order by the User in the Application and its acceptance by a Partner and/or Courier establishes direct legal relations between the User and the Partner and/or Courier. The Company is not a party to such relations and is limited to providing the Application as a technological platform enabling interaction between the parties and the placement of Orders.

9.5. The Company makes no guarantees, representations, or warranties regarding Couriers and Partners, including their identity, qualifications, or professional experience.

9.6. The User is prohibited from submitting for delivery any items or substances whose circulation is prohibited or restricted by the legislation of the Republic of Kazakhstan or by this Agreement.

9.7. Prohibited shipments include, but are not limited to:

• Narcotic drugs, psychotropic substances, and their analogues;
• Weapons, ammunition, explosives, and their components;
• Toxic, poisonous, radioactive, and other hazardous substances;
• Flammable liquids and materials;
• Live animals;
• Biological materials;
• Items that infringe intellectual property rights;
• Goods obtained illegally;
• Alcohol and tobacco products (unless otherwise permitted by applicable law);
• Other items prohibited from transportation or capable of causing harm to the Courier, third parties, or property.

9.8. The User guarantees that the contents of the shipment:

• Are lawful;
• Are safe for transportation;
• Correspond to the declared description.

The Company and the Courier have the right to refuse to fulfill an Order if there are reasonable grounds to believe that the shipment violates this Agreement or applicable law.

9.9. The User bears full responsibility for the contents of the shipment and undertakes to compensate for any damage caused to the Company, the Courier, or third parties.

9.10. The Company is not a postal operator, freight forwarder, or carrier.

9.11. The Company shall not be liable for:

• Loss, damage, or delay of shipments;
• Any discrepancy between the contents of a shipment and its declared description;
• Actions or omissions of Couriers.

9.12. All claims related to the delivery of shipments shall be resolved directly between the User and the Courier.

10. Grant of License to Use the Application

10.1 Exclusive rights to the Application, including software code, interface, design, graphic elements, databases, text materials and other intellectual property objects, belong to the Company or are used by the Company on legal grounds.

10.2 The Company grants the User a simple (non-exclusive), non-transferable, limited and revocable license to use the Application solely for personal, non-commercial purposes within the functionality of the Application and in accordance with this Agreement.

10.3 Granting such license does not mean transfer of any exclusive rights to the User.

10.4 The User may use the Application exclusively in the following ways:

• install and run the Application on their mobile devices;
• use functionality to place Orders and interact with Partners, Couriers;
• perform other actions expressly предусмотренные (provided for) by the Application.

10.5 The User shall not, without prior written consent of the Company:

• copy, modify, adapt or process the Application or its elements;
• decompile, disassemble or reverse engineer the Application;
• distribute, transfer, lease, sublicense or otherwise provide access to third parties;
• use the Application in ways not предусмотренные by this Agreement.

11. Application Content. User Content

11.1 Application Content

11.1.1 All materials and information in the Application (texts, images, graphics, logos, interface, design elements, databases, etc.) are intellectual property of the Company or third parties and are protected under the laws of the Republic of Kazakhstan.

11.1.2 The User may use Application content only within the scope of functionality and granted license.

11.1.3 The User may not copy, distribute, publish or otherwise use content without prior written consent of the Company, except as permitted by law.

11.2. User Content

11.2.1. The User has the right to post content in the Application, including but not limited to reviews, comments, ratings, images, text materials, and other information (hereinafter referred to as “User Content”).

11.2.2. The User bears full responsibility for the User Content they post, including its content, accuracy, and compliance with the legislation of the Republic of Kazakhstan.

11.2.3. The User represents and warrants that the content they post:

• Is not unlawful, harmful, offensive, defamatory, discriminatory, or otherwise violates the rights and legitimate interests of third parties;
• Does not contain threats, insults, hate speech, or obscene language;
• Does not infringe the intellectual property rights of third parties, including copyrights, related rights, trademark rights, and other exclusive rights;
• Does not contain confidential information of third parties without their consent;
• Complies with the legislation of the Republic of Kazakhstan.

11.2.4. In the event that claims, lawsuits, or demands are brought against the Company by third parties in connection with User Content, the User undertakes to resolve such claims independently and at their own expense, and to compensate for all losses incurred by the Company.

11.2.5. The Company is not obliged to carry out prior moderation of User Content; however, it reserves the right (but not the obligation), at any time and without prior notice, to:

• Review, edit, restrict access to, or remove User Content;
• Block or remove content that, in the Company’s opinion, violates the terms of this Agreement or the legislation of the Republic of Kazakhstan;
• Restrict or suspend the User’s access to content posting functionality;
• Block the User’s account in case of repeated or serious violations.

11.2.6. The Application has the right to remove or restrict access to User Content if it:

• Violates the rights of third parties;
• Violates the legislation of the Republic of Kazakhstan;
• Contains insults, threats, or discriminatory statements;
• Misleads other Users;
• May harm the business reputation of the Company or third parties;
• Is otherwise deemed unacceptable at the Company’s discretion.

11.2.7. By posting User Content, the User grants the Company a non-exclusive, royalty-free, worldwide license to use such content for the purposes of operating, promoting, and improving the Application, including the right to reproduce, distribute, publicly display, and modify it.

11.2.8. Any person has the right to submit a notice to the Company regarding a violation of rights in connection with posted User Content. The Company may request supporting documents and take measures at its discretion.

11.2.9. The Company does not guarantee the accuracy, completeness, or quality of User Content and shall not be liable for Users’ actions related to its posting.

12. Application Updates

12.1. The Company may, at its sole discretion, release updates, new versions, bug fixes, and modify the functionality of the Application.

12.2. For the proper functioning of the Application, the User may be required to install updates. In certain cases, use of the Application without installing an updated version may be restricted or impossible.

12.3. The Company may modify, suspend, or terminate the operation of certain services or features of the Application without prior notice to Users, unless otherwise required by the legislation of the Republic of Kazakhstan.

13. Limitation of Liability for Software

13.1. The Application is provided to the User on an “as is” basis. The Company does not guarantee that the Application will operate continuously, securely, or without errors.

13.2. The Company does not guarantee that the Application will meet the User’s expectations or be compatible with specific devices, operating systems, or software used by the User.

13.3. The Company shall not be liable for any losses, damages, data loss, lost profits, or other adverse consequences arising from the use or inability to use the Application, except as expressly provided for by the legislation of the Republic of Kazakhstan.

13.4. The Company shall also not be liable for any failures in the operation of the Application caused by actions of third parties, technical malfunctions of the User’s equipment, communication issues, internet network failures, or software used by the User.

14. Suspension and Termination of Access

The Company has the right to suspend or terminate the User’s access to the Application in the following cases:

• Violation of this Agreement, including non-payment of an Order;
• Suspicion of fraudulent activity;
• Abuse of the service;
• In other cases предусмотренных (provided for) by this Agreement and/or the legislation of the Republic of Kazakhstan.

15. Personal Data Protection

The collection and processing of personal data are carried out in accordance with the Application’s Privacy Policy and the legislation of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan “On Personal Data and Their Protection.”

16. Amendments to the Agreement

16.1. The Company may amend this Agreement from time to time.

16.2. The updated version shall be published on the website or in the Application and shall enter into force from the moment of publication.

16.3. The User undertakes to independently monitor changes and updates to this Agreement. Continued use of the Application after amendments have been made shall be deemed acceptance of such changes by the User.

16.4. If the User does not agree with the amended terms of the Agreement, they must cease using the Application and delete their account.

17. Governing Law and Dispute Resolution

17.1. This Agreement shall be governed by the legislation of the Republic of Kazakhstan.

17.2. All disputes shall be resolved through negotiations, and if an agreement cannot be reached, they shall be resolved in the courts of the Republic of Kazakhstan in accordance with the Civil Procedure Code of the Republic of Kazakhstan.

18. Force Majeure

18.1. The Company shall not be liable for full or partial failure to perform its obligations if such failure is caused by force majeure circumstances arising after the acceptance of an Order and beyond the Company’s reasonable control.

18.2. Such circumstances include, in particular:

• Natural disasters and catastrophes (earthquakes, floods, fires, hurricanes, epidemics, and other emergency situations of a natural nature);
• Interruptions, failures, or cessation of operation of telecommunications networks, the internet, navigation systems, data centers, payment systems, or other technical infrastructure necessary for the operation of the Application;
• Actions or omissions of state authorities and local self-government bodies, including the adoption of regulations, imposition of restrictions or prohibitions, introduction of states of emergency, or other measures affecting the ability to perform obligations;
• Mass unrest, strikes, acts of terrorism, military actions, or threats thereof;
• Disruptions in the operation of third-party services, software, or infrastructure used for the functioning of the Application;
• Any other circumstances beyond the reasonable control of the Company that prevent the performance of obligations.

18.3. During the period of such circumstances, the Company has the right to suspend the performance of its obligations, including order processing and delivery, without liability to the User. After the cessation of force majeure circumstances, the Company shall take reasonable measures to resume the provision of services.

19. Contact Information

"FATON" Limited Liability Partnership BIN 260340014002

Registered address: Republic of Kazakhstan, Almaty, Auezov District, 87 Zhandosov Street, postal code 050043

Bank details:

Halyk Bank Joint Stock Company SWIFT: HSBKKZKX Beneficiary Code: 17 IBAN: KZ19601A491002751321

Email: info@faton.kz