Terms of use of the platform

KazHackStan LLP (BIN 120540005677), hereinafter referred to as the “Operator”, represented by Director O.Satiyev, acting on the basis of the Charter, expresses its intention to conclude an Agreement on the provision of services to provide access to a web resource located in the Internet at the address: https://tumar.one/ (hereinafter referred to as the Agreement) and is an official offer to provide access to the TumarOne Platform.

Terms and Definitions

1) “Operator” is a legal entity that owns the Platform, and which, independently and at its own discretion, determines the procedure for using the Platform on the Internet, including the procedure for posting information on the Platform. All exclusive property rights to the Platform belong to the Operator.
2) “Platform” is a web resource located on the Internet at https://tumar.one/. Platform is a reward program for vulnerabilities found in information systems and resources.
3) Offer in the text of this Agreement – is an offer published on the Operator's Website: https://tumar.one/offer is the Operator's Offer to all researchers in accordance with paragraph 5 of Article 395 of the Civil Code of the Republic of Kazakhstan.
4) Acceptance – in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan, the response of the potential User, to whom this Offer is addressed, on its full and unconditional acceptance and consent to the terms of this Agreement by performing the actions specified in section 1 of this Agreement. Acceptance of the Offer entails the conclusion of an Agreement between the Operator and the User. By performing actions on the Acceptance of this Offer, the User confirms his legal status and capacity, the absence of any restrictions, including those determined by the current legislation on the conclusion of this Agreement, as well as his legal right to enter into contractual relations with the Operator.
5) User (researcher) is a fully capable individual who has expressed acceptance of the Offer in accordance with clause 1.2. of the Agreement and registered on the Platform, who carry out work on the search for vulnerabilities in accordance with the terms of the Agreement, acting on their own behalf.
6) Registration is filling out the registration form by the User located on the Platform by specifying the necessary information.
7) Registration Form is a form located on the Platform, which the User must fill out in order to be able to use the website in full.
8) Personal Account is a personal section of the User in the Platform, protected by authorization parameters using a login and password, providing the functions of the Platform in accordance with the Regulations, available to the User after authorization on the Operator's Website.
9) Regulations is a document that defines the procedure for working in the Platform in accordance with Appendix No. 1 to this Agreement, which is an integral part thereof.
10) Verification is the process of confirming the identity of the Researcher in order to pay for confirmed vulnerabilities.
11) Program is an initiative to identify vulnerabilities in the Client's web services and applications, as well as to determine ways to implement unacceptable events, which is posted on the relevant page of the Platform.

1. General Provisions

1.1. The text of the Agreement is a public offer. Acceptance of the offer means registration on the Platform at the following address https://tumar.one/offer and continuation of its use. By accepting this Public Offer Agreement, the User guarantees his legal status and capacity, as well as his legal right to enter into contractual relations with KazHackStan LLP. Before using the Platform, the User must carefully read the terms of its use contained in this Agreement. The start of using the Platform means the proper conclusion of this Agreement and the User's full consent to all its terms.
1.2. The User's acceptance upon conclusion of the Agreement is the expressed consent to its terms and a set of the following actions of the User during registration in the Operator's Platform:
1.2.1. Entering the registration data according to the registration form.
1.2.2. familiarization, agreement and acceptance of the terms of the Offer.
1.2.3. performance by the User of the actions specified in this Agreement, indicating full and unconditional acceptance of all its terms, as well as by ticking the box “I agree with the terms of service” on the Operator's website during registration.

2. Subject of the Agreement

2.1. The Operator provides the User with access to the Platform free of charge, which hosts the programs of the Operator's Clients, in which the User searches for vulnerabilities. In turn, the Operator pays a reward to the User for the vulnerabilities found in accordance with the Agreement and the provisions of each individual program.
2.2. The User searches for vulnerabilities of programs placed on the Platform in the manner specified in the Agreement.

3. Rights and Obligations of the Parties

3.1. The User has the right to:
3.1.1. Use the Platform except for the time of preventive, technical and emergency maintenance.
3.1.2. Make and send proposals to the Operator to improve the functionality of the Platform or in writing to the Operator's e-mail specified on the Operator's website.
3.1.3. Send a request to the Operator's technical support service regarding the spread of data on vulnerabilities.
3.1.4. Take part in promotions, events, receive bonuses.
3.1.5. Receive remuneration from the Operator.
3.2. The User undertakes:
3.2.1. Comply with the terms of this Agreement.
3.2.2. Use the Platform in accordance with its purpose, as well as in accordance with the provisions of the Agreement, the Regulations and other documents and information published on the Operator's Website and in the Platform.
3.2.3. Use valid identity and contact details on the Platform.
3.2.4. Monitor notifications on the Platform and email specified when registering on the Platform. The User has exactly 2 weeks from the appearance of the application to accept the retest, after the expiration of the deadline, the application for retesting will be automatically rejected.
3.2.5. Impersonate another person on the Platform.
3.2.6. Not to publish in the media, the Internet, social networks data, information about the Platform without the official written consent of the Operator.
3.2.7. Not to allow deceptive, illegal or unethical actions that may cause property or reputational damage to the Operator.
3.2.8. Observe and not violate the copyright and intellectual property rights of the Operator.
3.2.9. Go through the verification process to receive payment for confirmed vulnerabilities.
3.2.10. Submit an Act of work performed/services rendered to the Operator for signing.
3.2.11. Register on the platform for signing the EDS (Act of Work Performed/Services Rendered) and sign the EDS (Act of Work Performed/Services Rendered) if the User is a citizen or resident of the Republic of Kazakhstan. The Platform is determined by the Operator independently.
3.2.12. If the User is not a citizen and resident of the Republic of Kazakhstan, in this case, the User undertakes to provide the Operator with a scanned copy of the Act of Work Performed/Services Rendered in accordance with the form established and provided by the Operator. This scanned copy must be provided before the exchange of originals between the parties.
3.3. The User is prohibited from: using any means of “deep linking”, collecting information on pages, robots, “spiders” or other automatic devices, programs, algorithms or methods, as well as any similar or equivalent manual processes to access, acquire, copy or track any part of the System and its contents, attempt to circumvent technical limitations in the System, perform any actions aimed at restoring, studying, copying of the source code (source code) of the Platform, reverse engineer, disassemble or in any other way attempt to extract the source code of the System, copy the graphical interface of the System, conduct testing, conduct performance testing, penetration testing, including with the help/participation of third parties, use the Platform in any illegal way, reproduce or circumvent the navigational structure or presentation of the Platform or its contents in order to obtaining or attempting to obtain any materials, documents or information by any means that have not been specifically provided by the Platform, allowing unauthorized access to the Platform by hacking, password “analysis” or any other illegal means, committing actions that pose a threat to the information security of the Platform and/or providing an opportunity for third parties to perform these actions, as well as committing actions falling under the Criminal Code of the Republic of Kazakhstan and the Code of the Republic of Kazakhstan on Administrative Offences.
3.4. If the User becomes aware of the facts of performing the actions provided for in clause
3.3. of this Agreement, the User is obliged to inform the Operator thereof and provide supporting materials (if necessary).
3.5. The Operator has the right to:
3.5.1. Modify or release a new version of the Platform at any time, including adding new features and functionality to the Platform or removing existing features and functionality from the Platform.
3.5.2. Carry out technical, preventive and emergency work on the Platform.
3.5.3. Unilaterally add new, change and cancel existing terms of use published on the Operator's Website and in the Platform, change the terms and rates of remuneration.
3.5.4. Make changes and additions to the terms and conditions of the Agreement unilaterally, cancel and publish a new edition by publishing on the Operator's Website and send a notification about this to the Personal Account.
3.5.5. Consider on an individual basis the request received from the User in accordance with the Agreement and, if necessary, conclude a separate agreement.
3.5.6. The Operator has the right to block the User's access to the Platform for violation of the terms of this Agreement by the User.
3.5.7. The Operator has the right to unilaterally block the User's access to the Platform and/or terminate the Agreement at any time without explanation or any notice.
3.5.8. Conduct promotions, events, provide bonuses, discounts and perform other actions related to the use of the System.
3.6. The Operator undertakes:
3.6.1. Ensure the performance of the Platform's functions 24/7, round-the-clock availability of the System, except for the time of preventive, technical and emergency maintenance.
3.6.2. Notify the User of changes and additions made to this Agreement.
3.6.3. Pay remuneration to the User in accordance with the terms of each individual program.

4. Financial conditions and payment procedure

4.1. The Operator shall pay remuneration to the User in the manner, term and amount provided for in the Agreement, in a separate provision on the Operator's Client's program page.
4.2. The fee is paid after passing the verification stage, filling in the details for receiving payment and signing by the parties of the Act of work performed/services rendered in the form provided by the Operator.
4.3. Remuneration to the User may be paid with the help of a third party. When settling accounts with the User by a third party, the Operator's obligations to pay remuneration shall be deemed to have been fulfilled.
4.4. The remuneration paid to the User under this Agreement shall be paid minus the amount of taxes, fees, deductions, and other mandatory payments established by the current legislation of the Republic of Kazakhstan.
4.5. The Organizer pays remuneration to the User on the basis of the specified bank details by the User on the Platform, accordingly, the Operator is not responsible for the correctness and correctness of the details specified by the User. The Organizer shall be deemed to have fulfilled its obligations to pay the reward for the confirmed vulnerabilities in full if the User has no claims and is notified within 14 (fourteen) calendar days from the date of payment of the remuneration by the Organizer to the User.

5. Liability of the Parties.

5.1. The User is responsible for:
5.1.1. violation, non-fulfillment or improper fulfillment of obligations under the Agreement, including for violation of the Regulations and requirements published on the Operator's Website and in the Platform.
5.1.2. for all actions performed on the Platform under the User's login.
5.1.3. inaccuracy of the information provided to the User during registration in the System.
5.1.4. for the distribution and use of vulnerabilities at their own discretion.
5.1.5. failure to read the notifications sent to the Personal Account and/or to the e-mail specified during registration with the User.
5.1.6. violation of the Operator's copyright and intellectual property rights.
5.1.7. violation of the terms of the Agreement, as well as the copyright and intellectual rights of the Operator, the User is obliged to pay the Operator a fixed amount of money equal to the value for the actual damage caused to the Operator out of court. The cost of the actual damage caused to the Operator as a result of the violation of the Agreement, as well as the copyright and intellectual property rights of the Operator, shall be assessed by the Operator. The Operator has the right to demand the execution of this clause in court in accordance with the terms of this Agreement.
5.1.8. dissemination of false information about the Operator and the Platform, committing deceptive, fraudulent, and other illegal actions falling under the Criminal Code of the Republic of Kazakhstan and the Code of Administrative Offenses of the Republic of Kazakhstan.
5.1.9. committing deceptive, illegal, or unethical actions that may cause/have caused property or reputational damage to the Operator, the Platform.
5.1.10. Violation of the Affiliate Program in accordance with the terms of the Partnership Agreement and the current legislation of the Republic of Kazakhstan.
5.2. Under no circumstances shall the Operator be responsible for:
5.2.1. unavailability of the Platform for reasons beyond the control of the Operator, if the unavailability of the Platform depends on the services of third parties provided to the Operator, including, but not limited to: colocation services, hosting, Rent a Rack, provision of VPN channels, in case of malfunction of communication channels or data centers, actions/omissions of third parties ensuring the provision of a communication channel, Internet, electricity, as well as information systems of participants, owners of payment systems, and in other circumstances beyond the control of the Operator and affecting the provision of the Platform under the Agreement.
5.2.2. untimely reading by the User of the notifications sent to the Personal Account and to the email specified by him during registration in the Platform.
5.2.3. inability of the User to use the Platform due to the User's non-compliance with the provisions of the Agreement, the Regulations, the User's lack of Internet connection, the functioning of the Platform on a faulty computer and other reasons beyond the control of the Operator.
5.2.4. loss of the User's data stored in the System in the event of force majeure (force majeure) determined in accordance with the legislation of the Republic of Kazakhstan and in the Agreement.
5.2.5. any damage, any loss of income, profit, information or savings, for direct or indirect losses, including lost profits of the User, related to the use or inability to use the Platform, including in the event of prior notification by the User of the possibility of such damage, or for any claim of a third party.
5.2.6. improper fulfillment of the terms of the Agreement, for any damage, any loss of income, profit, information or savings, for direct or indirect losses, including lost profits of the User, related to the use or inability to use the System, including in the event of prior notification by the User of the possibility of such damage, or under any claim of a third party in the case of free use of the Platform by the User, and the User is not entitled to impose any penalties (penalties, penalties), lawsuits, claims, etc. against the Operator.
5.2.7. Loss or inability to receive tax deductions or benefits from the User related to the services provided by the Operator.
5.4. The aggregate amount of the Operator's liability under the Agreement, including the amount of penalties (penalties, penalties) and/or reimbursable damages, for any claim or claim against the Operator/Contract or its performance, is limited 100 MCI and on the date on which the claim was brought.
5.3. The Parties shall be exempt from liability for partial or complete non-fulfillment of obligations under this Agreement, if this failure was the result of force majeure circumstances determined in accordance with the legislation of the Republic of Kazakhstan and in the Agreement.
5.4. The User shall indemnify and hold harmless the Operator from any and all claims, losses, damages, costs, lawsuits, debts, demands, fees, proceedings, causes of such proceedings, encumbrances, privileges, withholdings and expenses, including attorneys' fees, related to damage to or destruction of property, whether movable or personal, or otherwise, in the beneficial or absolute possession of the Operator/third parties, or under his/her responsibility, as a result of any act or omission of the User, whether or not the damage or loss is caused in whole or in part by any act, omission, fault, negligence or lack of due diligence on the part of the User, whether at common law or at law.
5.5. The User hereby releases the Operator from any and all liability to third parties, including for any and all claims, losses, damages, costs, lawsuits, debts, demands, fees, proceedings, causes of such proceedings, encumbrances, privileges, withholdings and expenses, including attorneys' fees, as well as those related to: (a) personal injury, including death; (b) loss suffered by a third party, including property damage, arising out of or related in whole or in part to the Contract.

6. Consent to the collection, processing and storage of personal data, confidentiality

6.1. The conditions for the collection, processing and storage of personal data are provided for in Appendix No. 2 to the Agreement.
6.2. Confidential information includes: trade secrets, information (data) about persons, objects, facts, events and/or processes, regardless of the form of their provision, directly or indirectly related to the Operator, its affiliates and/or customers, namely, including: on the signing of Contracts by the Operator and their execution, information on cooperation and projects of the Operator, information on the implementation of specific projects, information regarding the Operator's activities, any information about the methods, technologies, ideas, concepts, tools, components, technologies, recipes, computer programs used or developed by the Operator, information about the organizational aspects of the Operator, information about the accounting rules of both accounting and management, the provisions of the Operator's accounting policy, the charts of accounts used by it, the procedures for entering and storing accounting information, information about information systems, software products of the Operator and service personnel, as well as any information that has become known in connection with the provision of the Services.
6.3. Trade secret includes:
6.3.1. on the cost of production, profitability;
6.3.2. on the property of the Operator, its composition, value;
6.3.3. contracts (commercial, civil and other contracts with clients and third parties) and on the terms and conditions of all concluded contracts;
6.3.4. on the structure of production and technological processes;
6.3.5. on the organization of the Operator's security, communication and signal system;
6.3.6. internal documents of the Operator (all internal regulations of the organization);
6.3.7. personal and business correspondence with clients and third parties;
6.3.8. constituent documents of the Operator and clients, as well as third parties;
6.3.9. personal, contact information, phone numbers and information of the Customer's clients and partners.
6.4. The User undertakes not to disclose confidential information, information constituting a trade secret of the Operator, which will be entrusted to the User or become known as a result of the provision of the Services.
6.5. The User undertakes not to transfer to third parties and not to publicly disclose information constituting a trade secret of the Operator without his written consent.
6.6. The User undertakes to comply with the requirements of the Customer's instructions and regulations to ensure the safety of trade secrets.
6.7. In the event of an attempt by unauthorized persons to obtain trade secret/confidential information from me, the User undertakes to immediately inform the Customer.
6.8. The User undertakes to keep trade secrets/confidential information and personal data of the Operator's customers and/or partners.
6.9. The User undertakes not to use/transfer/disclose/copy confidential information for any purpose, regardless of the current relationship with the Customer.

7. Miscellaneous Provisions

7.1. The platform is provided on an “as is” basis. The Operator does not guarantee the compliance of the Platform or its components with the goals and expectations of the User.
7.2. The Parties shall be exempt from liability for non-fulfillment or improper fulfillment of the terms of this Agreement in the event of force majeure circumstances determined in accordance with the current legislation of the Republic of Kazakhstan, if they provide evidence that these circumstances prevented the fulfillment of obligations under this Agreement. Force majeure includes natural disasters (earthquakes, floods, mudflows, other natural disasters and catastrophes), fires, including server equipment on which the System and all data stored in the System are located, circumstances that cannot be foreseen or prevented (or can be foreseen, but cannot be prevented), as well as the issuance by state bodies of the Republic of Kazakhstan of acts prohibiting and/or preventing the Parties from fulfilling their obligations. obligations under this Agreement, other decisions of the supreme state bodies of the Republic of Kazakhstan (prohibition of import or export, currency restrictions, etc.), blockades, wars, military conflicts, strikes, revolutions, services of third parties provided to the Operator, including colocation, malfunctions of communication channels or data centers, action/inaction of third parties providing the provision of a communication channel, the Internet, electricity, as well as service participants of information systems, owners of digital signature holders, payment systems, circumstances beyond the control of the Operator and affecting the fulfillment of obligations by the Parties under the Agreement, etc. The deadlines for the performance of obligations under the Agreement shall be proportionately shifted to the duration of force majeure if they significantly affect the terms of the provision of services under the Agreement or that part thereof that is subject to performance after the occurrence of force majeure circumstances. From the moment of elimination of force majeure circumstances, this Agreement shall operate in the usual manner. In the event of force majeure: a) the User shall send a notice to the Operator within 5 calendar days; b) the Operator informs about it on its official Website; c) The Operator informs about it in the personal account of the Platform.
7.3. The Parties have agreed and agreed that all legal disputes will be considered in the Court at the location of the Operator.
7.4. The Agreement is valid throughout the territory of the Republic of Kazakhstan and another state of the User (if the User is a citizen of another state).
7.5. The Agreement comes into force from the moment of the User's Acceptance of the Offer and is valid indefinitely. Registration on the Platform in the manner provided for in this Agreement means the Participant's full and unconditional consent to all the terms of the Program, the Agreement and the Appendices.
7.6. This Agreement is published on the Operator's Website.
7.7. In the event that any part and terms of this Agreement are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.