Terms of Use

These Terms of Use (hereinafter — the “Terms”) govern the conditions of use of the Tezser platform. By using the Platform, the User confirms that they have read these Terms, understand them, and accept their conditions in full. If the User does not agree with any condition, they must cease using the Platform.

1. Definitions

1.1. The following terms are used in these Terms:

1.2. Platform / Service — Tezser (mobile application and website), intended for the exchange of information between Users for the purpose of arranging shared (ride-along) trips.

1.3. Company / Operator — ТОО «Tezser», БИН 240540001897, г. Алматы, the owner of the Platform, carrying out its administration and development.

1.4. User — a natural person using the Platform. The User may act in one of the following roles: Driver and/or Passenger.

1.5. Driver — a User who publishes information on the Platform about a planned route and offers a shared trip.

1.6. Passenger — a User who joins the Driver along the course of the Driver’s route.

1.7. Trip — a shared (ride-along) trip along the Driver’s route, arranged by the Users themselves by means of the Platform.

1.8. Cost-share — reimbursement by the Passenger of part of the Driver’s expenses associated with the Trip. The cost-share is NOT a “fare” and is NOT a “payment for carriage”; the Company does not provide carriage services and is not a party to the settlements between Users.

1.9. Service fee (Сервисный сбор) — the Driver’s payment for the Platform’s information-technology services (matching ride companions, arranging and supporting the shared Trip). The Service fee is withheld from the cost-share amount and constitutes a percentage of it, the amount of which is indicated on the Platform (as of the date of this version — 15% of the cost-share amount). The Service fee is a payment for the Platform’s services (information intermediation), and not a payment for carriage or a “fare”.

1.10. Subscription — paid access to the Platform’s extended features, provided by the Company to the User outside the Trip.

1.11. Content — any materials (text, photographs, route information, messages, and other data) posted by the User on the Platform.

2. Registration and account

2.1. To use the main features of the Platform, the User completes registration and creates an account.

2.2. Registration is carried out by mobile phone number with the setting of a password. Confirmation of the phone number is performed by means of a one-time code sent to the User via messaging services (WhatsApp/Telegram).

2.3. In addition, the User may sign in via a Google account (using the OAuth protocol).

2.4. The User is obliged to provide accurate and up-to-date information upon registration and to keep it up to date. The User is responsible for the safekeeping of the password and for all actions performed using their account.

2.5. Registration and use of the Platform are permitted for persons who have reached 18+ years of age. By registering, the User confirms that they have reached the established age.

2.6. One User is entitled to have one account, unless otherwise expressly permitted by the Company. Transfer of the account to third parties is not allowed.

3. User roles: Driver and Passenger

3.1. The User independently chooses the role of Driver and/or Passenger when using the Platform.

3.2. The Driver publishes information about the planned route, including points of departure and destination, approximate time, and other parameters of the Trip. The Driver independently determines the route and is not obliged to deviate from it.

3.3. The Passenger submits a request to join a Trip along the Driver’s route. Matching is carried out on the principle of the Passenger being located along the Driver’s route: the Passenger joins along the course of travel, while the Driver does not deviate from their route.

3.4. The Users independently agree among themselves on the conditions of the Trip, including the pick-up/drop-off location, approximate time, and the amount of the cost-share. The Company does not participate in such arrangements.

3.5. Published routes and requests must be accurate, must not be misleading, and must not violate these Terms or the legislation of the Republic of Kazakhstan.

3.6. The Company is an information intermediary, does not act as a carrier, and is not a party to the Trip. The Company is not liable for the actions of Users, the quality and safety of the Trips, or the settlements between Users.

4. Verification of Users

4.1. For the purpose of enhancing safety, the Platform provides for a verification procedure, which may include the submission of photographs of the Driver, the Passenger, and the vehicle, as well as a selfie of the User (biometric data).

4.2. The submitted materials undergo moderation. The Company is entitled to refuse verification or to request additional information.

4.3. The processing of biometric data (selfie) is carried out under the conditions of a separate document — the “Consent to Biometrics”, with which the User becomes acquainted and which they provide prior to the commencement of such processing. The processing of personal data is carried out in accordance with the Law of the Republic of Kazakhstan “On Personal Data and Its Protection” No. 94-V (including Article 8 — the content of consent; Article 12 — localization of the personal data of citizens of the Republic of Kazakhstan within the territory of the Republic of Kazakhstan).

4.4. Completion of verification may be a condition for access to certain features of the Platform.

5. Rules of conduct and prohibitions

5.1. The User undertakes to use the Platform in good faith, in accordance with these Terms and the legislation of the Republic of Kazakhstan.

5.2. The User is prohibited from:

5.2.1. using the Platform to carry out the commercial carriage of passengers and/or taxi activity for the purpose of deriving profit; the Platform is intended exclusively for arranging shared (ride-along) trips with reimbursement of part of the expenses (cost-share), and not for the provision of carriage services;

5.2.2. posting inaccurate information, including about identity, route, or vehicle;

5.2.3. posting Content that violates the rights of third parties, the legislation, public order and morality, as well as materials of an offensive, discriminatory, or unlawful nature;

5.2.4. performing actions that disrupt the operation of the Platform, including unauthorized access, automated data collection, circumvention of technical restrictions;

5.2.5. using the Platform to send spam, commit fraud, or engage in other bad-faith actions in relation to other Users.

5.3. The User bears sole responsibility for compliance with the legislative requirements applicable to them, including tax and other requirements.

6. User content and the Company’s license

6.1. The User retains the rights to the Content they post and is responsible for its lawfulness.

6.2. By posting Content on the Platform, the User grants the Company a non-exclusive, royalty-free license, valid in the territory where the Platform operates, to use such Content to the extent necessary for the functioning of the Service (including storing, reproducing, displaying the Content to other Users, technical processing, and moderation).

6.3. The license is granted for the term of posting of the Content on the Platform and for the technically necessary period after its deletion (backup copies).

6.4. The Company is entitled to remove or restrict access to Content that violates these Terms, without prior notice, unless otherwise required by legislation.

7. Suspension and blocking of an account

7.1. The Company is entitled to restrict, suspend, or block the User’s access to the Platform and/or the account, as well as to modify or terminate certain features of the Platform at its discretion, to the extent not contrary to the legislation of the Republic of Kazakhstan.

7.2. The grounds for applying the measures referred to in clause 7.1 may, in particular, be: violation of these Terms, the provision of inaccurate information, the receipt of justified complaints from other Users, the presence of indications of unlawful activity, as well as the requirements of legislation.

7.3. When applying measures, the Company ensures basic notification of the User to the extent required by the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights” No. 274-IV and other applicable legislation.

7.4. The application of measures under this section does not release the User from previously arisen obligations and does not give rise to an obligation of the Company to compensate for losses related thereto, except in cases expressly provided for by legislation.

8. Intellectual property of the Platform

8.1. The Platform, including its software, design, databases, trademarks, trade name, design elements, and other objects, belongs to the Company and/or its licensors and is protected by legislation.

8.2. The User is granted a limited, revocable, non-exclusive, and non-transferable right to use the Platform exclusively for personal, non-commercial purposes within the scope of its functionality.

8.3. It is prohibited, without the written consent of the Company, to copy, modify, decompile, distribute, create derivative products, or use the designations and other intellectual property objects of the Company.

9. Service “as is”; disclaimer of warranties; limitation of liability

9.1. The Service is provided on an “as is” and “as available” basis, without any warranties, including warranties of uninterrupted operation, error-free operation, or fitness for the User’s particular purposes.

9.2. The Company does not warrant that the use of the Platform will result in the conclusion of an arrangement for a Trip, and is not responsible for the accuracy of the information provided by other Users.

9.3. Since the Company is an information intermediary and does not act as a carrier or a party to the Trip, it is not liable for the actions of Users, the safety and quality of the Trips, or the settlements between Users.

9.4. To the maximum extent permitted by legislation, the aggregate liability of the Company to the User is limited to the amount of the Subscription fee actually received by the Company from that User for the last paid period (and, in the absence of such a fee — to another minimum limit).

9.5. The limitations and exclusions of liability established by this section apply to the extent that they do not contradict the mandatory provisions of the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights” No. 274-IV and other applicable legislation; provisions that are void under the law do not apply, which does not affect the validity of the remaining conditions.

10. Financial conditions

10.1. The Company does not provide carriage services. For the provision of the Platform’s information-technology services (matching ride companions and arranging the shared Trip), the Company charges a Service fee, the amount of which is indicated on the Platform (as of the date of this version — 15% of the cost-share amount). The Service fee is a payment for the Platform’s services, and not a payment for carriage. The Company’s income is generated through the Service fee and/or the Subscription.

10.2. The cost-share is agreed by the Users (the Driver and the Passenger) and is paid by the Passenger in cash, by direct transfer, or by cashless payment by bank card through the Platform. Cashless payment of the cost-share is carried out through a licensed payment service provider (PSP). With such payment, the Company withholds the Service fee from the cost-share amount for the information-technology services rendered, and the remaining part of the cost-share is due to the Driver; the execution and distribution of the payment are ensured by the licensed PSP. The Company is not a bank, does not provide payment services requiring a license, and does not issue electronic money (Articles 42–44 of the Law of the Republic of Kazakhstan “On Payments and Payment Systems” No. 11-VI).

10.3. The Company’s revenue is the Service fee and/or the Subscription fee (a charge for access to the Platform’s extended features outside the Trip). The conditions and cost of the Subscription are communicated to the User on the Platform prior to the moment of payment.

10.4. The User is entitled to link a payment card for cashless payment of the Subscription and/or the cost-share for Trips (including the withholding of the Service fee). The linking and processing of card data are carried out by a licensed payment service provider (PSP); the Company does not store the full card details.

11. Amendment of conditions; applicable law and jurisdiction

11.1. Amendment of conditions (master clause):

“The Company is entitled to unilaterally amend this document at any time. The new version is published on the Platform at a permanent address and enters into force from the moment of publication, unless a different date is specified therein. The Company notifies Users of material changes no later than 30 days in advance (via the application, e-mail, or other available means). Continued use of the Platform after the changes enter into force constitutes the User’s consent to the new version. If the User does not agree with the changes — they must cease using the Platform and are entitled to delete their account.”

11.2. The Platform is available in the Kazakh and Russian languages with equal visibility in accordance with the Law of the Republic of Kazakhstan “On Languages in the Republic of Kazakhstan” No. 151-I.

11.3. The law of the Republic of Kazakhstan applies to these Terms and to the relations associated with the use of the Platform.

11.4. Disputes arising out of these Terms are resolved in the court at the location of the Company, taking into account the mandatory provisions of the Law of the Republic of Kazakhstan “On the Protection of Consumer Rights” No. 274-IV on jurisdiction for consumers.

12. Cessation of use and deletion of an account

12.1. The User is entitled at any time to cease using the Platform and to delete their account by means of the Platform.

12.2. Upon deletion of the account, the User’s access to the Platform ceases. Certain data may be retained for the period established by legislation or necessary for the protection of the rights of the Company and other persons for the duration of the account and for 3 (three) years after its deletion, unless a different period is established by the legislation of the Republic of Kazakhstan; personal data is processed and stored in accordance with the Law of the Republic of Kazakhstan “On Personal Data and Its Protection” No. 94-V (including Article 12 — localization within the territory of the Republic of Kazakhstan).

12.3. Platform data and Users’ photographs are stored in infrastructure located within the territory of the Republic of Kazakhstan (Yandex Cloud, Kazakhstan), photographs — in object storage (S3/MinIO).

12.4. Cessation of use or deletion of the account does not release the User from the performance of obligations that arose prior to such cessation. Provisions that, by their meaning, are to remain in effect after cessation (including those on intellectual property, limitation of liability, applicable law, and jurisdiction) survive.