Terms of Service

Robonexus Limited Liability Partnership (hereinafter the Company or the Licensor) publishes these Terms of Service (hereinafter the Terms) as a public offer in accordance with Article 395 and paragraph 2 of Article 397 of the Civil Code of the Republic of Kazakhstan.

The Terms govern the use of the online resource and the drone delivery service, as well as the relationship arising between the User and the Company in the course of using the Service.

The procedure for processing and protecting personal data, the composition of the data, the purposes of processing, the retention periods, and the rights of the personal data subject are set out in the Privacy Policy of the Service (hereinafter the Privacy Policy), which forms an integral part of these Terms.

01Definitions

The following terms are used in these Terms:

• Service – the online resource of Robonexus LLP, including the website, the mobile application (if any), and all functionality available to the User through these channels.
• Licensor – Robonexus LLP, which holds exclusive rights to the Service and grants the User a non-exclusive right to use it in the manner established by these Terms.
• Licensee (User) – a natural person who has reached the age of 18, has accepted the conditions of these Terms, and uses the Service on their own behalf.
• Visitor – a natural person who browses the Service without completing a registration procedure.
• Customer – a User who places a request for the delivery of goods through the Service.
• Drone (Unmanned Aerial Vehicle, UAV) – an unmanned aerial vehicle operated by the Company or its authorised partners for the delivery of goods.
• Request – an information message placed by the Customer through the Service specifying the delivery address, the parameters for receiving the goods, and other information required to carry out the delivery.
• Delivery zone – the geographical territory within which the Company is technically and legally entitled to carry out delivery by Drone.
• Landing zone – an area designated or agreed with the Customer within which the Drone lands during delivery.
• Beta functionality – individual features of the Service that are under testing and available to Users on a limited basis. The provisions of Section 3 of these Terms apply to Beta functionality.
• Information services – the Company's services providing access to the Service, verifying delivery addresses, processing and supporting Requests, arranging delivery by Drone, and other services available through the Service.
• Online payment – payment for the Company's services by non-cash means through the payment service integrated with the Service.
• Partner platform – a third-party digital platform (including Freedom SuperApp or other services), integration with which provides additional access to the Company's functionality.
• Privacy Policy – a separate document of the Company defining the procedure for the collection, processing, and protection of Users' personal data, available at: dronedelivery.kz/en/privacy.html.
• Governing documents – these Terms, the Privacy Policy, and other documents of the Company posted on the Service that form an integral part of these Terms.
• Reference time – the time and date in the city of Almaty, Republic of Kazakhstan.

Where these Terms use terms that are not defined in this section, they shall be interpreted in accordance with the legislation of the Republic of Kazakhstan, and in the absence of a statutory definition, in accordance with their commonly accepted meaning in the field of information technology.

02Subject of the Terms. Licence

The subject of these Terms is the grant by the Company to the User of a non-exclusive right to use the Service, including its functionality and services, on the conditions of this licence agreement. The User may exercise the licensed rights granted solely within the limits established by these Terms.

The Company provides the User with access to the following Information services:

• providing access to the Service and its functionality in accordance with the Terms;
• verifying whether goods can be delivered to the address specified by the User (Stage 1);
• receiving and processing Requests for test drone delivery, including arranging online payment (Stage 2);
• enabling interaction with Partner platforms, including redirection to or integration with Freedom SuperApp (Stage 3);
• operational and technical support of Requests: delivery status notifications, information about delivery zone restrictions, user support;
• other services available through the functionality of the Service.

The services of third parties (carriers, suppliers of goods, payment providers, operators of Partner platforms) are not Information services of the Company. The Company is not liable for the actions of such parties in any respect that does not relate to the Information services.

These Terms do not create between the User and the Company any agency, partnership, employment, or other relationship not expressly provided for by the Terms.

03Status of the Service. Beta functionality

The Service is being launched in stages according to the following roadmap:

• Stage 1 – introductory landing page. Informing users about the service, checking the availability of drone delivery by address, collecting data on geographical demand. Commercial orders are not accepted.
• Stage 2 – test order. Limited launch: acceptance of test delivery requests, online payment. Beta functionality is available.
• Stage 3 – integration with Partner platforms. Possible redirection to or full integration with Freedom SuperApp and other partners.

Beta functionality is provided "as is" on testing terms. The User accepts and understands that:

• individual Beta features may operate with limitations, be temporarily unavailable, or change without prior notice;
• the Company may suspend, modify, or disable Beta functionality at any time;
• the Company may collect additional technical data to improve the Service during the beta testing period in accordance with the Privacy Policy;
• the guarantees of uninterrupted operation set out in Section 10 of these Terms do not apply to Beta functionality.

The Company will notify Users of material changes to the functionality of the Service through the Service no later than 15 calendar days before they take effect, unless otherwise required by safety or legal requirements.

04Registration and conditions of access

Some functions of the Service are available without registration (including address verification at Stage 1). Access to Beta functionality and to placing a test order (Stage 2) may require the provision of contact details.

When using the Service, the User is required to:

• provide accurate data: name, contact telephone number, email address, delivery address;
• use a mobile telephone number belonging to them;
• maintain the confidentiality of confirmation codes sent by the Company;
• bear responsibility for all actions performed using their account credentials.

The Company may refuse access to individual functions of the Service without giving reasons in the cases provided for in Section 16 of these Terms.

Use of the Service is not permitted:

• by persons under 18 years of age without the consent and supervision of their legal representatives;
• on behalf of another person without proper authority;
• using inaccurate information.

05Address verification and delivery zones

At Stage 1, the User may enter an address to check the availability of drone delivery. The result of the check is for information purposes only.

Address verification does not constitute confirmation that the service is available, a reservation of a delivery zone, or acceptance of a Request. Delivery zones are determined by the Company unilaterally and may change.

Delivery zone restrictions may be due to:

• the technical characteristics and flight range of the Drone;
• applicable airspace restrictions and prohibited zones established by the authorised bodies of the Republic of Kazakhstan;
• weather conditions, terrain, and building density;
• safety requirements established by the Company or the aviation regulator;
• restricted-access and protected facilities in the delivery area.

The address entered by the User is processed in accordance with the Privacy Policy.

06Test order and online payment

At Stage 2, the User may place a test order for the delivery of goods by Drone. The conditions of the test order, including the product range, coverage area, and price, are determined by the Company and published on the Service.

To place a test order, the User provides:

• first name and surname;
• contact telephone number;
• email address;
• the address of the Landing zone.

Payment is made by non-cash means through the payment service integrated with the Service. The User's bank card details are processed directly by the payment provider; the Company neither stores nor processes card data.

Payment is deemed completed from the moment the transaction is confirmed by the payment provider. The Company sends the Customer a notification of order acceptance in Reference time.

The procedure, grounds, and time limits for refunds are determined by the consumer protection legislation of the Republic of Kazakhstan. A full refund is issued if the delivery is cancelled on the Company's initiative, in the event of a technical failure, or where the order cannot be fulfilled.

07Safety during drone delivery

7.1. General provisions

A Drone is an aircraft. Failure to comply with safety requirements during delivery may result in harm to health, property, or human life. The Company ensures the safe operation of the Drone on its side and is entitled to impose mandatory requirements on the Customer regarding the arrangement of the Landing zone.

7.2. Obligations of the Customer

The Customer is required to:

• provide a clear, level Landing zone measuring at least 5 m × 5 m, free of obstacles, canopies, trees, wires, and other objects that pose a threat to the safe landing of the Drone;
• remain at a safe distance from the Drone during descent and landing — at least 15 metres — until it has come to a complete stop and delivery completion has been signalled;
• prevent children, animals, and unauthorised persons from being in the Landing zone at the moment the Drone lands;
• make no attempt to catch or hold the Drone or to affect it by hand or by means of any object;
• follow the instructions given by the Company's operator before or during delivery;
• ensure that the specified Landing zone address is accessible at the agreed delivery time.

7.3. Actions in an emergency

In the event of an emergency involving the Drone, the Customer is required to:

• immediately move to a safe distance and lead other persons out of the Landing zone;
• not approach the fallen Drone and not touch it themselves;
• report the incident to the Company on the contact number +7 771 705 07 49 or by email at help@arbuz.kz;
• in the event of a threat to life or health, immediately call the emergency services on 112.

7.4. The Company's right to cancel or suspend delivery

The Company may unilaterally cancel or suspend delivery at any time on the following grounds:

• weather conditions do not permit a safe flight: wind, precipitation, fog, thunderstorms, or other meteorological phenomena that create a safety risk;
• the airspace in the Delivery zone is temporarily restricted or closed by a competent authority;
• people, children, animals, or obstacles that threaten a safe landing are identified in the Landing zone;
• the Customer has not made contact at the agreed time or has not provided access to the Landing zone;
• the Drone is in a technically defective condition or requires unscheduled maintenance;
• other circumstances that create a risk to the safety of the flight, of persons on the ground, or of property.

Where delivery is cancelled on the above grounds, the Company will offer the Customer a repeat delivery at an agreed time.

Detailed requirements for preparing the landing zone are set out in the Safety guidelines.

08Rights and obligations of the parties

8.1. Rights of the User

The User is entitled to:

• use the Service within the functionality provided for by these Terms;
• receive accurate information about the conditions and cost of services before placing an order;
• submit enquiries to the Company's support service;
• refuse the service and receive a refund in the cases provided for in Section 6 and by consumer protection legislation;
• exercise the rights of a personal data subject in accordance with the Privacy Policy.

8.2. Obligations of the User

The User is required to:

• provide accurate information when using the Service;
• comply with the safety requirements established by Section 7 of these Terms;
• use the Service exclusively for lawful purposes;
• refrain from actions that disrupt the normal operation of the Service or infringe the rights of the Company or third parties;
• bear responsibility for the accuracy of the Landing zone address provided and its compliance with safe landing requirements.

8.3. Prohibitions

The User is prohibited from:

• registering or using the Service on behalf of another person without proper authority;
• using the Service to carry out unlawful activity or for purposes that violate the legislation of the Republic of Kazakhstan;
• copying, reproducing, distributing, or otherwise using the Company's intellectual property outside the functionality of the Service without the Company's written consent;
• using software tools to disrupt the operation of the Service;
• misleading the Company as to their identity, delivery address, or other material circumstances.

09Obligations of the Company

The Company undertakes to:

• provide Information services in the manner and on the conditions set out in these Terms;
• inform the User of the status of a Request, including notifications of confirmation, estimated delivery time, and possible delays;
• comply with the requirements of the legislation of the Republic of Kazakhstan on consumer protection and on personal data;
• ensure the safe operation of Drones in accordance with the requirements of the aviation legislation of the Republic of Kazakhstan;
• notify the User of changes to the Terms in the manner established by Section 18.

The Company is entitled to:

• temporarily suspend the provision of services for technical, technological, or other reasons for the period required to resolve them, having notified Users through the Service;
• suspend the provision of services to a particular User where fraud or a breach of these Terms is suspected;
• unilaterally refuse to fulfil a Request on the grounds established by clause 7.4;
• change delivery zones, tariffs, and the conditions for providing Information services, publishing the current conditions on the Service.

10Limitation of liability

The Company is liable for the proper provision of Information services in accordance with the legislation of the Republic of Kazakhstan, including the Law "On Consumer Protection" and the Civil Code of the Republic of Kazakhstan. This section does not limit the Company's liability in cases where such limitation is not permitted by law.

The Company is not liable in the following cases:

• delay in or impossibility of delivery due to weather conditions, airspace restrictions, or other force majeure circumstances specified in Section 11;
• damage caused as a result of the Customer's breach of the safety requirements set out in Section 7;
• disruptions in the operation of third-party services: payment systems, mapping platforms, operators of Partner platforms;
• temporary unavailability of the Service during technical work or as part of Beta testing;
• actions of third parties that resulted in a violation of the User's rights, where the Company has taken appropriate protective measures.

Where harm is caused as a result of defects in an Information service provided, the Company is liable in the manner established by consumer protection legislation. On other grounds of liability, and where the Company is at fault, its liability is limited to the amount actually paid by the User for the specific Request, unless otherwise established by law.

The Beta functionality of the Service is provided "as is". The Company does not guarantee uninterrupted operation of Beta functionality or the absence of technical errors.

11Force majeure

The Company is released from liability for partial or complete failure to perform its obligations where this is caused by force majeure circumstances that the Company could not have foreseen or prevented with reasonable care.

Such circumstances include, among others:

• natural disasters: storms, hurricanes, thunderstorms, heavy precipitation, fog, extreme temperatures;
• the introduction of temporary restrictions on, or the closure of, airspace by state authorities of the Republic of Kazakhstan;
• actions of state authorities that restrict the Company's operations;
• large-scale failures of telecommunications systems or internet infrastructure;
• other events that meet the criteria of force majeure under the legislation of the Republic of Kazakhstan.

Upon the occurrence of force majeure circumstances, the Company will notify Users through the Service within the shortest technically possible time. Paid orders that cannot be fulfilled due to force majeure are not subject to refund.

12Aviation regulation

The Service operates unmanned aerial vehicles (Drones) in accordance with the legislation of the Republic of Kazakhstan on the use of airspace and on aviation activity.

The Company ensures:

• registration of the Drones it operates in the established manner;
• obtaining the necessary permits for the use of airspace;
• compliance with restrictions on flight altitudes, zones, and conditions;
• the technical serviceability and safety of Drones before each flight.

Drone flights are carried out exclusively in permitted zones. Where temporary airspace restrictions are introduced, delivery in the relevant areas is suspended. The Company is not liable for delays caused by the introduction of such restrictions by the competent authorities.

13Personal data

The procedure for the collection, processing, storage, transfer, and protection of Users' personal data, including delivery addresses, geolocation data, and contact information, is set out in the Company's Privacy Policy, which forms an integral part of these Terms.

By using the Service, the User confirms that they have reviewed the Privacy Policy and consents to the conditions for processing personal data in the manner provided for by the Law of the Republic of Kazakhstan "On Personal Data and Its Protection".

The rights of the personal data subject (the right of access, rectification, erasure, restriction of processing, and withdrawal of consent) are exercised in the manner established by the Privacy Policy.

14Third-party services and integrations

The Service may be integrated with third-party platforms and tools:

• payment providers – for processing online payments;
• mapping services – for displaying delivery zones and routes;
• analytics platforms – for analysing traffic and user behaviour;
• Partner platforms – for extending functionality (Freedom SuperApp and others – Stage 3).

Each of the listed services operates in accordance with its own terms of use and privacy policy. The Company is not liable for the actions of third-party operators in any respect that does not relate to the Company's Information services.

At Stage 3, redirection or transfer of functionality to a Partner platform is possible. In that case, the rules of use of the relevant platform also apply to the User. The Company will inform Users in advance of the start of such integration.

15Intellectual property

All intellectual property included in the Service, including design elements, graphic materials, software, databases, trademarks, and other objects, is the intellectual property of Robonexus LLP or is used by the Company on lawful grounds.

These Terms grant the User a non-exclusive right to use the Service solely for the purposes provided for by the Terms. The User may not:

• reproduce, copy, distribute, or publicly display elements of the Service for commercial purposes without the Company's written permission;
• develop derivative products based on the Service;
• remove technical protection measures applied by the Company.

Linking to the Service is permitted provided that the source is correctly indicated and the context is not misleading.

16Blocking and restriction of access

The Company may temporarily restrict (temporary block) or permanently terminate (permanent block) the User's access to the Service on the following grounds:

• breach by the User of these Terms or the Governing documents;
• use of the Service for unlawful purposes;
• provision of knowingly inaccurate data;
• actions aimed at disrupting the operation of the Service;
• suspicion of fraud or unauthorised access to the account.

The Company will notify the User of a temporary block. It will notify the User of a permanent block where technically possible. Blocking does not cancel the User's obligations that arose before it was applied.

17Dispute resolution. Consumer rights

Disputes between the Company and the User are resolved through negotiation. The User may send a claim to the Company's email address: help@arbuz.kz. The Company reviews claims within 15 calendar days of receipt.

If agreement is not reached, the dispute is referred to a court in accordance with the legislation of the Republic of Kazakhstan. A consumer User may apply to a court at their place of residence or at the location of the Company in accordance with consumer protection legislation.

In relations with consumers, the provisions of the Law of the Republic of Kazakhstan "On Consumer Protection" apply and may not be limited by agreement of the parties.

These Terms are governed by and construed in accordance with the legislation of the Republic of Kazakhstan. Matters not regulated by the Terms are resolved in accordance with the legislation of the Republic of Kazakhstan.

If, for any reason, one or more provisions of these Terms are found to be invalid, this does not render the remaining provisions invalid, and they continue to apply in full.

18Procedure for amending the Terms

The Company may unilaterally amend these Terms by publishing a new version on the Service. The new version takes effect from the moment of publication unless the Company specifies another date.

Where amendments materially affect the rights of Users, the Company will give notice through the Service no later than 15 days before the amendments take effect.

Where amendments are made to the procedure for processing personal data, the Company will additionally notify Users using the contact details they provided when using the Service.

Continued use of the Service after the new version of the Terms takes effect constitutes the User's unconditional acceptance of the amendments made. If the User does not agree with the amendments, they may stop using the Service before the amendments take effect.

19Contacts