User agreement for the use of the Saqbol mobile app Printable versionLast update: 15.09.2020
User agreement for the use of the Saqbol mobile app
1.1. This User agreement (hereinafter: Agreement) governs the relationship between the Owner and the User of the Saqbol mobile application and its components.
1.2. The following terms are used in the Agreement:
- API Exposure Notifications is a joint development of Apple and Google to provide basic functionality for designing applications to notify users of the potential impact of confirmed COVID-19 cases;
- The Saqbol mobile app (hereinafter: Application) is aimed at curbing the spread of coronovirus infection and was developed using the Exposure Notification Technology;
- Application components are parts of the Application that are intended to provide individual services and (or) information;
- Application owner (hereinafter: Owner) is an authorized body in the field of informatization;
- User of the Application and its components (hereinafter: User) is any individual who has accepted the terms of this Agreement;
- Application administrator (hereinafter: Administrator, NIT JSC) is National Information Technologies Joint-Stock Company;
- CODE is a 10-digit code assigned to a user when passing the PCR test.
- MoH IS is an information system of Ministry of Healthcare of the Republic of Kazakhstan that collects and processes the results of PCR testing.
1.3. All other terms and definitions used in this Agreement shall be interpreted in accordance with the current legislation of the Republic of Kazakhstan.
Subject of the Agreement
2.2. Any dispute, claim or request for relief relating in any way to your use of the application will be governed and interpreted by and under the legislation of the Republic of Kazakhstan.
3.1. The User is not required to provide personal data to use the Application. The smartphone transmits encrypted IDs via Bluetooth to smartphones located nearby that also have this app installed. Each ID checksum is automatically deleted from the user's device two weeks after it is created.
If tested positive for coronovirus infection, a User can notify his/her contacts by sending a notification. To activate the notification, a user must enter the code received when passing PCR testing. The code will be sent to the MoH IS for verification of the confirmed positive result. After activating the notification, the app automatically and anonymously notifies other app users who have been in the immediate vicinity (less than 2 meters) for a long time (more than 15 minutes).
Users who received a notification can read the recommendations of the Ministry of Healthcare of the Republic of Kazakhstan on further actions in the app.
The app does not store or send any personal data or location data to the user.
3.2. Not intended as medical advice. You acknowledge that the information in the application is provided for general informational purposes only. It is not intended as medical advice of any kind nor is it intended to diagnose, treat, cure or prevent any disease or medical condition. The information presented in the application should not be interpreted or construed in any way as a replacement or substitute for medical advice provided by your doctor or other qualified healthcare provider. You should not disregard, avoid or delay obtaining medical advice or treatment from your doctor or other qualified healthcare provider due to any information provided in the application. Under no circumstances should you alter your existing medical treatment, medication regimen, or any other related healthcare activities based on any information provided in the application. It is important for you to discuss your treatment options, and any questions that you may have, with your doctor or other qualified healthcare provider.
3.3. The purpose of the app is to provide individuals with a useful tool for contact tracing. However, the utility of the Application’s features is dependent upon a number of factors that are outside the control of NIT JSC, such as whether the application is installed and whether the Bluetooth function for exchanging IDs is enabled.
3.4. You understand that to keep the Application most useful for App Users and to accommodate bug fixes and other technological changes, NIT JSC may make updates to the Application after you download the Application. These updates will be available to App Users via the Apple App Store or Google Play app Stores. You will have the ability, at your option, to download any updates to the Application that we make freely available through such channels. We do not require you to install any updates in order for you to continue using the Application after we make such updates available. This is because we do not retain any information about you when you download the Application. Therefore, we will not know whether you have installed any such updates.
3.5. Accordingly, you acknowledge and agree that if you elect NOT to install available updates, the Application may not operate in accordance with publicly available documentation regarding the features and functionality of the Application, which documentation may be updated after the time you originally downloaded it. In addition, you may need to update third-party software from time to time in order to use the Application. Any updates issued by NIT JSC and installed by you shall be deemed the Application and shall be governed by this end user license agreement for the Application or any subsequent end user license agreement issued after the update.
4.1. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application.
4.2. The Saqbol and all related graphics, logos, service marks and trade names used on or in connection with the Application or in connection therewith are the trademarks of NIT JSC and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Application are the property of their respective owners.
If you provide NIT JSC with any ideas, suggestions, documents, and/or proposals (“Feedback”) via email or another means, you do so at your own risk and you acknowledge and agree that NIT JSC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to NIT JSC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Application, any other NIT JSC products or services, or business of NIT JSC.
6.1. You acknowledge and agree that the availability of the Application is dependent on the App Store from whom you received the Application license. You acknowledge that this Agreement is between you and NIT JSC and not with the App Store. NIT JSC, not the App Store, is solely responsible for the Application, including the content NIT JSC makes available therein, and the maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.
Liability of the Parties
7.1. In case of violation of the terms of this Agreement, which caused harm to all or one of the parties to the Agreement, the guilty party is liable in accordance with the legislation of the Republic of Kazakhstan.
7.2. The Administrator is not responsible for temporary technical failures and interruptions in work of the Application and its components caused by circumstances beyond the Administrator, the Owner or in the event of scheduled or unscheduled maintenance activities of the Application and its components.
7.3. The Owner and Administrator are not responsible for temporary failures and interruptions in the operation of communication lines, other similar failures, as well as for problems with the computer or mobile communication device from which the User accesses the Portal and its components.
7.4. The Owner and Administrator are not responsible to the User for the actions of other Users, and any other participants in the Application and its components.
7.5. The Owner and Administrator are not liable for any direct or indirect damages, including lost profits, loss of use, loss of data or any other non-material losses, damage to reputation or other damages resulting from:
2) changes to the terms of the Agreement by the Owner and/or Administrator.
Term and Termination of the user Agreement
8.1. Term. This Agreement commences on the date when you accept it (as described in the preamble above) and remain in full force and effect while you use the Application, unless terminated earlier in accordance with this Agreement.
8.2. Notwithstanding the foregoing, you hereby acknowledge and agree that this Agreement commenced on the earlier to occur of (a) the date you first used the Application or (b) the date you accepted this Agreement and will remain in full force and effect while you use the Application, unless earlier terminated in accordance with this Agreement.
8.3. Termination by You. If you want to terminate this Agreement, you may do so by deleting the Application from your mobile device.
8.4. Effect of Termination. Termination of this Agreement requires you to delete the Application and cease all use of it. All provisions of this Agreement which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
8.5. The Application is intended solely for use on the territory of the Republic of Kazakhstan. NIT JSC makes no representations that the Application is functional in other countries.
9.1. All possible disputes arising from or related to this Agreement shall be resolved in accordance with the applicable legislation of the Republic of Kazakhstan.
9.2. Inaction on the part of the Administrator in case of violation of any User Agreement provisions does not deprive the Owner's right to take later appropriate actions to protect its interests as well as property and non-property rights for the Application materials protected in accordance with the laws.
9.3. No advice or information, whether oral or written, obtained from NIT JSC or through the application will create any warranty not expressly made herein.
9.4. Force Majeure. NIT JSC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel,energy, labor or materials.
9.5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Application, please contact us at: firstname.lastname@example.org.
9.6. Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.