Contributor Agreement

This is a translation provided for convenience. The agreement is published in Russian, and the Russian edition is the one that governs.

Parties and subject matter§

1.1. This Agreement is concluded between M9 Projects and Investments LLP, BIN 240640024909, registered address: 41/6 Al-Farabi Avenue, Block 15, premises 431, Bostandyk District, Almaty, 050040, Republic of Kazakhstan (the "Operator"), and the individual who has accepted this Agreement in the KazMaps service (the "Contributor").

1.2. A Contribution is information about a map object that the Contributor submits to the Service: a proposed change to information, an answer to a prompt question, including texts, coordinates and other data.

1.3. A Problem Report is a Contributor's notice that information on the map is inaccurate. It is not a Contribution and no rights in it are granted; the Operator uses it for internal review within the Service. The warranties in Section 2 apply to it.

Contributor's warranties§

By making a Contribution, the Contributor warrants that:

2.1. The Contribution is not a copy of information from third-party mapping, directory or search services — including 2GIS, Yandex Maps, Google Maps and the like — or from other sources whose terms of use prohibit such copying. The information was obtained by the Contributor from personal observation, from the place to which it relates, or from sources that permit its use by the Operator on the terms of this Agreement.

2.2. To the extent the Contribution is subject to copyright, the rights in it belong to the Contributor.

2.3. The Contributor submits information that is accurate to the best of their knowledge at the time of submission, and does not submit knowingly false information.

2.4. The Contribution does not infringe copyright, related or other rights of third parties.

Contributor's liability§

3.1. The Contributor is responsible for the Contribution's compliance with the warranties in Section 2.

3.2. The Operator may reject a Contribution, delete the information submitted under it, and restrict the Contributor's ability to make Contributions if it establishes a breach of Section 2. The ground is an established breach, not the mere fact that a claim was made.

3.3. Upon receiving a third-party claim concerning a Contribution, the Operator considers it under the procedure published in the Service, notifies the Contributor, and gives them the opportunity to submit objections within a reasonable time. If the claim is confirmed to be well-founded, the Operator removes the relevant information from the published data.

The Contributor compensates the Operator for the full actual damage caused by a breach of the warranties in Section 2, where such a breach has occurred. Lost profits and harm to business reputation are not subject to compensation.

The ground for compensation is a court decision that has entered into force, or a documented settlement of a claim of which the Contributor was notified in accordance with the first paragraph of this clause.

3.4. The Operator may disclose information about the Contributor to a rightsholder, a court or an authorised body upon a request made under the procedure established by law, notifying the Contributor thereof unless such notification is prohibited by law.

Rights granted to the Operator§

4.1. This Agreement sets out the terms on which the Contributor disposes of the rights in each Contribution. The rights are granted to the Operator at the moment the Contribution is made, on the terms of the version of the Agreement in force at that moment. Making a Contribution is an independent expression of the Contributor's will.

4.2. To the extent the Contribution is subject to copyright, the Contributor grants the Operator a non-exclusive, royalty-free, perpetual licence, valid in the territory of all countries, to use the Contribution in the following ways:

• (a) reproduction of the Contribution;
• (b) adaptation of the Contribution and use of the results of that adaptation, including combining it with information from other sources and bringing it to a single format;
• (c) inclusion of the Contribution and the results of its adaptation in the data published by the Operator;
• (d) distribution and communication to the public of data that includes the Contribution, including under any licences;
• (e) granting sublicences for the uses set out in points (a) to (d), as part of the data published by the Operator;
• (f) use of the Contribution in the Operator's services and products, including for commercial purposes.

4.3. A Contribution that is not subject to copyright is provided to the Operator as information. The Contributor undertakes not to impede its use by the Operator and not to assert claims in respect of it.

4.4. The Contributor consents to the adaptation of the Contribution: combining it with information from other sources, bringing it to a single format, normalising and altering it in the course of such processing — and understands that, within the published data, the Contribution may differ from what was submitted. This clause does not transfer or limit the Contributor's moral rights.

4.5. No remuneration is paid for the grant of rights.

Acceptance, versions and withdrawal§

5.1. The Agreement is accepted by the Contributor in the Service's app before the first Contribution is made. Acceptance is recorded by the Operator together with the version of the Agreement and the moment of acceptance.

The parties have agreed that the Contributor's will is expressed by digital confirmation in the Service's app, and that the exchange of electronic messages under the procedure provided for in this Agreement constitutes compliance with the written form.

5.2. If the Agreement changes, the Operator publishes a new version and requests its acceptance. Contributions made under a previously accepted version remain granted on the terms of that version.

5.3. The Contributor may withdraw consent, thereby ceasing to make new Contributions. Withdrawal does not terminate the rights granted in respect of Contributions already made: published data may have been downloaded and copied by an indefinite range of persons, and removing a Contribution from those copies is impossible.

5.4. Processing of the Contributor's personal data is governed by the Privacy Policy published in the Service. Withdrawal of consent to the processing of personal data is not a withdrawal of consent under this Agreement and is handled separately.

Final provisions§

6.1. The invalidity or non-conclusion of individual provisions of this Agreement does not entail the invalidity of its remaining provisions. Sections 2 and 3 operate independently of Section 4.

6.2. This Agreement is governed by the law of the Republic of Kazakhstan. Disputes are resolved through negotiation. A claim is sent to the Operator's email address stated in this Agreement and is considered within thirty calendar days of receipt. Failing agreement, the dispute is subject to resolution by a court in accordance with the legislation of the Republic of Kazakhstan.

6.3. The Agreement is published in the following language: Russian.

6.4. The Agreement may be accepted by a person who has reached the age of eighteen.

Operator's details§