Terms of Use

 

NexaXT and its affiliates (“NexaXT” or “we”) provide their content on their websites or applications that link to these Terms of Use (the “Site”) subject to the terms and conditions below (the “Terms” ). We may change the Terms from time to time without notice, so please check them from time to time. The Terms were last updated on January 1, 2023. By visiting and using this Site, you agree to these Terms. For an explanation of NexaXT's practices and policies regarding the collection, use and storage of user information, please review our Privacy Policy.

 

1. Copyright

All content and functionality on the Site, including text, graphics, logos, icons, images, videos, as well as any concepts, know-how, tools, frameworks, software, applications or other technologies, algorithms, models, processes and industry views, underlying or embedded in the foregoing elements, together with any improvements or derivative works thereof (the "Site Content"), is the exclusive property of NexaXT or its licensors and, subject to applicable Republic of Kazakhstan and international copyright laws, copyrighted, protected. The Site Content and Site functionality may not be copied, reproduced, modified, reverse engineered, modified (including removing or disabling any protections, disclaimers or legends), uploaded, posted, transmitted or distributed in any way without our written permission, except use specified in section 3 - Use of Site Content. All rights not expressly expressed are reserved to us.

 

2. Trademarks

The trademarks, service marks, designs and logos (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of NexaXT and its licensors. You agree that, except as expressly permitted by us (for example, through social media sharing tools provided on the Site), or as permitted by our licensors, as applicable, you will not link to NexaXT or its licensors in any publicly accessible media (such as press releases, websites or public social media) for advertising or promotional purposes or to inform or influence any third party, and you will not use or reproduce any NexaXT Trademark or imply any endorsement or affiliation with NexaXT or its licensors.

 

3. Use of content

 

Site NexaXT grants you a limited, non-exclusive, non-transferable, revocable license during the term of these Terms to access, download, display and print one copy of the Site Content on any single computer solely for your internal business use, provided that you do not modify the Site Content in any way (including the creation of derivative works thereof) that you retain all copyright and other proprietary notices displayed on the Site Content and that you otherwise comply with these Terms. You may not reproduce, modify, reverse engineer, distribute, transmit, publish or disclose the Site Content without the prior written permission of NexaXT. In addition, you may not “mirror” the Site Content or any portion thereof without the express written permission of NexaXT. Nothing on this Site should be construed as granting, directly or indirectly, any license or right to use NexaXT's intellectual property except as expressly provided in this section. The license granted in this section shall automatically and immediately terminate if you breach these Terms.

 

4. User publications

 

You acknowledge and agree that NexaXT owns and has the unrestricted right to use, publish and otherwise exploit any and all information that you post or publish on the Site in publications, forums or bulletin boards, questionnaires, surveys and otherwise , and you acknowledge and agree that by providing us with such information, you automatically grant us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such information for any purpose and in any form or means not prohibited by applicable law. You further waive any claim against NexaXT for any alleged or actual infringement of privacy or publicity rights, intellectual property, moral rights or rights of attribution in connection with NexaXT's use and publication of such materials.

 

You agree not to post or otherwise publish on the Site any material that

1. are threatening, libelous, defamatory or obscene;

2. may constitute or encourage conduct that would constitute a crime, give rise to civil liability or a violation of law;

3. violates the intellectual property, privacy or other rights of third parties;

4. contain a computer virus or other destructive element;

5. contain advertising;

6. are mass mailings or “spam”;

7. are false, deceptive or misleading;

8. violate these Terms or applicable law.

 

NexaXT does not represent or endorse the accuracy or reliability of the information posted by users on the site. In addition, NexaXT does not and cannot verify all information posted by users on the site and is not responsible for such information. However, NexaXT reserves the right to refuse to publish or remove any information, in whole or in part, for any reason or no reason.

 

5. Notices of infringement and deletion of information

 

NexaXT prohibits the publication of any information that violates the copyright and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for protecting) is being infringed by any content on the Site, please write to NexaXT at the address below, providing a written statement containing:

1. determination of the violated work of authorship and/or intellectual property rights;

2. identifying the allegedly infringing material on the Site that needs to be removed;

3. your name, address and daytime telephone number, and email address if available;

4. a statement that you have a reasonable belief that the use of the copyrighted work and/or the exercise of the intellectual property right is not authorized by the owner, its agent or the law;

5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; And

6. signature of the owner of the intellectual property right or an authorized person on his behalf declaring a violation of the right.

 

NexaXT will remove any posting that infringes the copyright or other intellectual property right of any person under the laws of Kazakhstan upon receipt of such a notification.

 

6. Disclaimer

 

The content and functionality on the site are provided with the understanding that NexaXT is not rendering professional advice or services to you, no content on the site is intended to constitute or should be considered investment, legal, tax, accounting or other regulated advice, and you shall remain solely responsible for use of all content on the site and acknowledge that any reliance on content on the site will be entirely at your own discretion and risk. All content and functionality on the site is provided "as is", without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. NexaXT and its content providers make no warranties, express or implied, regarding the ownership, accuracy or sufficiency of the content on the site. NexaXT is not responsible or liable for information posted on linked websites, contained in user postings on the site, or provided by third parties. Neither NexaXT nor its content providers will be liable for indirect, incidental, consequential or punitive damages or losses, or lost profits or revenues, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.

 

7. Compensation

 

You agree to indemnify, defend and hold harmless NexaXT and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys, and their respective heirs and assigns ("Indemnified Parties") NexaXT"), from any and all liabilities, expenses, expenses or other losses ("Losses") incurred by NexaXT and/or the NexaXT Indemnified Parties in connection with any claims arising from your use of the site and/or your violation of these terms and conditions, including the representations, warranties and undertakings you have made, if any, by agreeing to these terms and conditions. NexaXT reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

8. Third Party Websites and Providers

 

We may provide links to third party websites, and some content that appears to be on this site is in fact supplied, maintained or made available directly or indirectly by third parties, for example in cases of inclusion of third party websites or inclusion through content framesets, provided by third party servers. NexaXT is not responsible for these third party websites, which are subject to the terms of use and privacy policies, if any, of the respective third party content providers.

 

9. Applicable law; jurisdiction

 

These Terms are governed by the laws of the Republic of Kazakhstan