TERMS OF SERVICE
This User Agreement (hereinafter referred to as the “Agreement”) for the provision of services to access the product “Scano - Media Monitoring tool” defines the essential terms under which Limited Liability Partnership “Infinity Enterprises” (BIN: 190840020238), hereinafter referred to as the “Company,” provides services to individuals and legal entities, regardless of their organizational and legal form, to access the Scano - Media Monitoring tool product.
The Agreement is addressed to all potential clients.
- 1. Service – software representing an information system for monitoring and analyzing mentions in social media and mass media, Scano - Media Monitoring tool. The Service is hosted on the Licensor’s software and hardware complex and is accessible to the Licensee remotely via the Internet through the Website. Exclusive rights to the Service and Website fully belong to the Licensor.
- 2. License – permission/right to use the Service in accordance with the procedure and conditions specified in this Agreement.
- 3. Website – the website located at https://scano.kz/.
- 4. Topic (Information Flow) – a segment within the Service allocated for collecting information based on one thematic monitoring request across online social media sources. It may include multiple keywords or phrases that characterize the information flow.
- 5. Material/materials – unique (by time of publication on the source) words/phrases in posts/publications on social networks, forums, blogs, review sites or in mass media, containing a keyword/phrase (search query) related to the monitoring/research/request topic of the Licensee.
- 6. Personal Account – a set of Website pages protected from third-party access, enabling the Licensee to obtain account status and statistical information (payment history, account balance, etc.), and to perform legally significant actions.
- 7. Profile – an individual account on the Website consisting of a unique login and password provided by the Licensor to the Licensee, necessary for authorization in the Personal Account and/or to use the Service.
- 8. Pricing Plan– the amount of license fee in accordance with Clause 5, Article 1235 of the Civil Code of the Republic of Kazakhstan, corresponding to a specific configuration of the Service’s features and duration of use. Tariffs are made available to the Licensee via publication at https://scano.kz/.
- 9. User – a person authorized by the Licensee and entitled, by virtue of employment or official duties, to use the Service.
- 10. Reporting Period – the period(s) for which the License is granted, as agreed in Additional Agreements.
2.1. This Agreement is a public offer addressed to an unlimited number of persons.
2.2. By accepting this offer, the Client, on their own behalf and/or on behalf of a legal entity they represent, confirms their legal capacity and authority to enter into contractual relationships with the Company.
2.3. Before using the Scano - Media Monitoring tool Service, the Client must familiarize themselves with the terms of this Agreement. Beginning to use the Service constitutes proper conclusion of the Agreement and full, unconditional acceptance by the Client of its terms.
2.4. Use of the Scano - Media Monitoring tool Service is governed by this Agreement and the Privacy Policy published on the official website scano.kz, which is an integral part of the Agreement.
2.5. The Company has the right to unilaterally amend this Agreement without prior notice. The new version of the Agreement takes effect upon its publication on the Website unless otherwise stated.
2.6. Acceptance of this Agreement by the Client is deemed consent to its terms and the terms of the Privacy Policy.
3.1. The Company provides the Client with access to the Scano - Media Monitoring tool Service according to the Tariff selected by the Client. In turn, the Client agrees, in the case of choosing a paid Tariff, to make payment in accordance with the terms of the Agreement.
4.1. Unless otherwise specified in the relevant Order Form, the Services are purchased as a subscription. The Services are provided for the period specified in the Order Form (the “Term”), along with applicable subscription details and financial terms, and are available exclusively to the Client and its Authorized Users, unless otherwise expressly approved in writing by Scano. The Order Form specifies the Fees for the Services, and the Client agrees to pay these Fees in accordance with the terms set forth in the Order Form and this Agreement.
4.2. The Client is granted the right to access and use the Scano - Media Monitoring tool Platform and the Services as specified in the relevant Order Form, for the entire Term and in accordance with the terms of this Agreement. The Client acknowledges that the Results may contain links to or excerpts from materials owned by third parties. Scano - Media Monitoring tool does not own, license, or claim any rights to third-party data (content) accessed through its platform. The Client acknowledges that any data (content) available through the Scano - Media Monitoring tool platform and obtained from third-party sources remains the property of the respective third parties (where applicable). Scano - Media Monitoring tool does not own, control, or alter such data and grants the Client no rights beyond those necessary to access and analyze the data as permitted by the relevant third-party sources. This clause does not apply to any proprietary data, technologies, or outputs created directly by Scano - Media Monitoring tool, which are subject to separate terms governing Scano’s intellectual property.
4.3. The Client may purchase limited licenses to access and use the API. In such cases, and in accordance with the terms of this Agreement, Scano - Media Monitoring tool grants the Client a non-exclusive, non-transferable, non-assignable, worldwide, limited license to access and use the API solely for the Client’s internal business purposes and only for the duration specified in the fully executed Order Form.
4.4. The Scano - Media Monitoring tool Platform may be used only by the Client or its clients explicitly listed in the Order Form, provided that the Client has executed agreements with such clients that include confidentiality obligations regarding any shared information.
4.5. For the avoidance of doubt, this Agreement does not transfer or assign any exclusive rights or grant any exclusive licenses to any intellectual property or deliverables owned by the Company. This Agreement does not limit the Company’s right to use or distribute the Service and any data obtained through the Service at its own discretion, including the right to provide access to the Service and such data to third parties.
4.6. Any change to the subscription plan must be made through a separate Order Form. Downgrading from a plan that includes a higher level of service features (including more monitoring topics) to a plan with fewer service features (including fewer monitoring topics) is strictly prohibited.
4.7. The Scano - Media Monitoring tool platform is authorized for use solely within the jurisdiction of the country where the Client is legally registered and maintains its legal address. This authorization does not extend to any branches, representative offices, or subsidiaries (“Corporate Units”) of the Client located outside the Client’s country of registration. Such Corporate Units must obtain their own independent subscriptions from the Company to lawfully use the Scano - Media Monitoring tool platform within their respective jurisdictions. This clause does not restrict the Company from granting access to the Service to personnel working remotely from other jurisdictions, provided that such personnel have an employment or service contract with the Client.
5.1. The Client has the right to:
5.1.1. Use the Service strictly in accordance with the terms and conditions set out in this Agreement and any applicable Order Forms.
5.1.2. Submit suggestions to the Operator's support service regarding improvements to the functionality of Scano - Media Monitoring tool.
5.1.3. Select and pay for a Plan as published on the Operator’s Website.
5.2. The Client undertakes to:
5.2.1. Confidentiality and non-disclosure of access credentials. The Client agrees not to disclose access credentials, including but not limited to logins, passwords, and authorization tokens for API access, to third parties, including its own clients (except those expressly listed in Order Forms or amendments). The Client also agrees not to use these credentials for any purposes not permitted by this Agreement, including any usage that may harm the business interests or reputation of the Company. The Client agrees to use the "Scano - Media Monitoring tool Social Media Wall" and related data solely for internal purposes. Public display of the Scano - Media Monitoring tool social media wall page or any data obtained from it in any form (e.g., via telecommunications networks, including the Internet, or in public places) is strictly prohibited.
5.2.2. Limited access to the Service and data. The Client shall provide access to the Service and any data obtained via the Scano - Media Monitoring tool platform only to its employees who are bound by confidentiality agreements that offer a level of protection at least equal to that provided by this Agreement.
5.2.3. Responsibility for access credentials. The Client is solely responsible for maintaining the security and confidentiality of its login credentials and is liable for any losses resulting from unauthorized access to the Client Account. Any actions taken using the Client’s login credentials shall be deemed actions taken by the Client. The Client accepts full responsibility toward third parties for all actions performed using its login credentials and assumes the risk of any adverse consequences for itself and the Company.
5.2.4. Notification of credential loss. The Client agrees to immediately notify the Company in the event of any loss or disclosure of login credentials.
5.2.5. Prohibition on service interference. The Client agrees not to use any devices or software designed to interfere with the proper functioning of the Website or the Service.
5.2.6. No sublicensing or assignment of rights. The Client agrees not to enter into any sublicensing agreements, assign its rights to the Service, or transfer any of its rights or obligations under this Agreement to third parties without the prior written consent of the Company.
5.2.7. Payment of Fees. The Client agrees to pay all Fees in the manner, amount, and within the deadlines specified in this Agreement and applicable Order Forms. The Client’s right to use the Service is contingent upon such payment.
5.3. The Company has the right to:
5.3.1. Service management and rights transfer. The Company reserves the exclusive right to manage, control, and dispose of the Scano - Media Monitoring tool Platform and the Service at its sole discretion. This includes, but is not limited to, the right to modify, update, or discontinue any features of the platform or Service. The Company also reserves the right to transfer, assign, license, sublicense, lease, sell, or otherwise provide or transfer rights to use the Service and Platform to third parties, including affiliates, partners, successors, assignees, or other legal entities, without prior notice or consent from the Client. The Company may also allow third parties to access or integrate the Service into their own services or platforms. Additionally, the Company may use the Service for joint ventures, mergers, acquisitions, or any other business purposes it deems appropriate. The Client acknowledges that such actions do not entitle them to any claims, compensation, or prior notice.
5.3.2. Updates and modifications. The Company reserves the right, at its sole discretion, to update, modify, or enhance the content, features, and user interface of the Scano - Media Monitoring tool Platform and Service. The Company is not liable to the Client for any such changes. Although the Company may notify of certain changes via the Website, platform interface, or by email to the Client's registered address, it is not obligated to do so.
5.3.3. Changes in data and sources. The Client acknowledges and agrees that since the Service monitors data sources beyond the Company’s control, the availability of such sources cannot be guaranteed. Therefore, any information provided through the Service, including the number or scope of data sources analyzed, may be supplemented, altered, or removed at the Company’s discretion. The Company is not liable for any changes in the availability or scope of data sources and makes no warranties regarding the continuity or completeness of such data.
5.3.4. Regular maintenance interruptions. The Company may periodically interrupt access to the Service for routine operation and maintenance. Such interruptions, including those required to update the Service’s functionality, shall not result in any recalculation or refund of Fees paid by the Client. Routine interruptions shall not exceed eight (8) hours per calendar month and typically occur between 11:00 PM and 7:00 AM UTC+5.
5.3.5. Service quality and issue resolution. If the Client files complaints about the quality of the Service, the Company reserves the exclusive right to assess and determine whether any aspect of the Service’s operation constitutes a deficiency (e.g., bug, defect, or other issue) and may, at its sole discretion, take one or more measures.
5.3.6. Use of Client’s name and logo. The Client agrees that the Company may use the Client’s name and logo in its commercial, marketing, and promotional materials related to Scano - Media Monitoring tool products and services. The Client may revoke this consent at any time by sending an email to info@scano.kz.
5.3.7. Assignment of rights. The Company reserves the right to assign or transfer any or all of its rights and obligations under this Agreement to any third party at any time. In such cases, the assignee shall assume the same rights and obligations toward the Client as if it were the original party to the Agreement.
5.3.8. Liability for misuse. The Company is not liable for any losses resulting from misuse or inability to use the Service due to the Client’s fault.
5.3.9. Limiting functionality or suspending accounts. Scano - Media Monitoring tool reserves the right, at its sole discretion, to limit certain features or suspend the Client’s Account if it determines that the Client’s actions under the Account negatively affect the performance of the Service or hinder other users’ ability to effectively use the platform.
5.4. The Company undertakes the following:
5.4.1. To provide basic technical support. The Company shall provide the Client with basic technical support to resolve issues that arise during use of the Service and to ensure general functionality.
5.4.2. In line with its commitment to deliver high-quality, fast, and reliable service, the Company undertakes to uphold a fair use policy and to continuously monitor user activity within the Scano – Media Monitoring tool platform.
5.4.3. The Company shall not share any information within Scano – Media Monitoring tool with third parties, except in cases where law enforcement or judicial authorities formally request such data in accordance with the laws of the Republic of Kazakhstan or the jurisdiction where the Client is a citizen.
6.1. The Company’s commission for the right to use the Service is calculated based on the selected tariff plan and any additional modules chosen by the Client. The Client is obligated to pay the fees specified in the order form. Payment is due upon registration, and the invoice is issued for the minimum subscription period. Payments are subscription-based and non-refundable.
6.2. Invoices for services are issued in advance based on the conditions stated in the order form. The Client agrees to make a 100% advance payment of the Company’s commission. If full payment is not made after the trial period, the Client’s account will not be activated.
6.3. If the Client is required under the laws of a foreign jurisdiction to withhold any tax or fee from the payments to the Company, the payable amount shall be increased so that the Company receives the full amount due after such deductions.
6.4. The Company reserves the right to change the amount of the commission and the terms of payment. However, such changes will only apply to subscriptions that have not yet been paid.
6.5. If the Client wishes to continue using the Service, the contract shall be automatically renewed for the same period. The Company will notify the Client in advance, and continued use of the Service shall be deemed consent to the extension of the agreement.
6.6. If the Client requests a certificate of tax residency or other official documentation from the Company, the cost of obtaining such documents is not included in the tariff plan and must be paid by the Client.
7.1. The Client shall be liable for the following:
7.1.1. The Client acknowledges that the Company may have access to, monitor, process, and modify data collected and presented via the Scano platform but is not obligated to do so. The Company bears no responsibility for any data, including unlawful content or content that infringes third-party rights.
7.1.2. The Client waives the right to raise any claims or demands against the Company under the applicable law.
7.1.3. It is the Client’s responsibility to evaluate whether the use of the Service is lawful and appropriate for their intended purpose.
7.1.4. This agreement only grants the Client a limited, revocable, non-exclusive license to use the Scano platform. Unauthorized copying or distribution of any intellectual property constitutes a breach of the agreement.
7.2. The Company shall be liable for the following:
7.2.1. The Scano platform is the intellectual property of the Company and is protected under copyright and other applicable laws.
7.2.3. The Company is the sole owner of the design, texts, code, algorithms, and other elements of the platform, except for data sourced from third parties.
7.2.4. Unless explicitly stated in the agreement, no ownership or usage rights to any intellectual property are granted to the Client.
7.3. Limitation of Liability:
7.3.1. The Service is provided "as is" without warranties of any kind. The Company shall not be liable for any indirect, incidental, or consequential damages.
7.3.2. The Company shall not be liable if a third-party platform restricts access to its data.
7.3.3. The Company shall not be responsible for any unauthorized access to or use of the Service.
7.3.4. The Company is not liable for any content uploaded or stored by the Client or any third party.
7.3.5. The Company’s total liability shall be limited to the monthly commission amount paid by the Client.
7.3.6. The Company does not provide any warranties for third-party content, and the use of such content is at the Client’s own risk.
8.1. By accepting this Agreement, the Client consents to the Company’s collection, processing, and storage of their personal data.
8.2. Personal data includes all information related to the Client, including any future changes or additions.
8.3. The consent covers the collection, organization, storage, copying, transfer, disclosure, editing, placement on the Scano platform and website, provision to government authorities, depersonalization, blocking, and destruction of personal data.
8.4. The purposes of personal data processing include:
8.4.1. Execution of this Agreement;
8.4.2. Client identification in the personal account;
8.4.3. Sending notifications, updates, and other information.
8.5. This consent is valid for the duration of the Agreement and for 5 years after its termination. The Client may revoke their consent by sending a written request to the Company.
8.6. The information entered by the Client is stored in accordance with the purposes and conditions specified in the Privacy Policy.
9.1. The Client acknowledges the Company's exclusive rights to any software used by the Company to provide services under this Agreement and acknowledges that use of such software pursuant to this Agreement does not grant the Client any rights, ownership, or other entitlements, except for the right to use it as expressly granted herein.
9.2. The Client undertakes not to engage, either directly or indirectly through third parties, in any actions aimed at disputing or infringing upon the Company's exclusive rights to the Scano - Media Monitoring tool.
9.3. The Client agrees and confirms that any intellectual property rights not explicitly transferred under this Agreement shall be deemed as not transferred.
9.4. The Client acknowledges that all exclusive rights to the Scano - Media Monitoring tool and any other objects developed under this Agreement belong to the Company.
9.5. The Client undertakes not to perform any actions related to the Scano - Media Monitoring tool that would violate applicable copyright laws or regulations governing the use of software.
10.1. Each Party, including its employees, agents, representatives, and other affiliated persons or persons acting on their behalf, guarantees and undertakes not to offer, promise, or provide any financial or non-financial incentive, reward, offer, including but not limited to any form of payment, gifts, property, or any advantages or privileges (in the form of money or any valuables) to the other Party, its employees, agents, representatives, existing or potential clients, their affiliates, or other interested persons of the other Party or acting on its behalf (“Interested Parties”).
10.2. Each Party declares and guarantees to the other that, prior to signing this Agreement, it has not offered, promised, or provided any such incentives to Interested Parties for the purpose of establishing or expanding business relations related to this Agreement.
10.3. The Parties shall inform their employees of applicable anti-corruption standards and adopt relevant policies and procedures to prevent corruption, bribery, or any attempts to influence third parties improperly.
10.4. While performing their obligations under this Agreement, the Parties, their affiliates, employees, or intermediaries shall not pay, offer to pay, or authorize payment of any money or valuables to any person to improperly influence decisions or actions to gain any unfair advantage.
10.5. While performing their obligations under this Agreement, the Parties shall not engage in actions that are qualified under applicable law as bribery or that violate anti-corruption laws or international anti-money laundering regulations.
10.6. If either Party violates clauses 10.1–10.5 of this Agreement, the other Party shall have the right to terminate this Agreement.
10.7. Either Party may terminate this Agreement in the event of violations by the other Party of applicable anti-corruption laws or policies by giving written notice. The Agreement shall be considered terminated as of the date specified in the notice.
11.1. The Parties are released from liability for partial or complete failure to perform obligations due to force majeure circumstances.
11.2. Force majeure refers to circumstances arising after the Client's accession to this Agreement as a result of unforeseen and unavoidable extraordinary events, including but not limited to natural disasters, accidents, fires, riots, strikes, military actions, enforcement of legislative acts, government decrees, or decisions of state bodies that render performance impossible in whole or in part.
11.3. The Company, if technically feasible, must notify the Client of such force majeure via email and/or by posting on the Website within five (5) days of their occurrence.
11.4. In the event of force majeure, the time for fulfilling obligations is extended for the period during which the force majeure and its consequences persist.
11.5. If the force majeure lasts more than thirty (30) calendar days, either Party may terminate this Agreement by giving prior written notice. In such a case, neither Party shall be entitled to claim damages.
12.1. “Confidential Information” means:
(a) data and information uploaded by the Client into the Scano - Media Monitoring tool;
(b) any other information disclosed by the Client to the Company in written or oral form and marked at the time of disclosure as “confidential” or “proprietary.”
12.2. Confidential Information does not include information that:
1. becomes publicly known through no fault of the Company or in connection with a breach of this Agreement;
2. was lawfully in the Scano - Media Monitoring tool at the time of disclosure without restriction;
3. was independently developed or obtained by the Company without using the Client’s Confidential Information;
4. was lawfully received by the Company from a third party without confidentiality obligations.
12.3. If required by law, the Company shall make reasonable efforts to provide prior written notice to the Client before disclosing Confidential Information, unless legally prohibited.
12.4. Notwithstanding any other provision of this Agreement, the Company acknowledges that all Confidential Information received from the Client, including registration data, remains the property of the Client. Nothing in this Agreement grants the Company any rights or interest in the Client’s Confidential Information except as expressly provided herein.
13.1. The Client undertakes to inform the Company within ten (10) calendar days of any changes in its details or decisions regarding its liquidation or reorganization. The Company shall not be liable for any consequences of failure to provide such notice.
13.2. The Company may unilaterally terminate this Agreement out of court by notifying the Client ten (10) calendar days in advance.
13.3. For legal relations involving a certification authority and the holder of a foreign registration certificate, the law of the state where the certificate was issued applies unless otherwise agreed by the Parties.
13.4. Relations concerning electronic documents (contracts, agreements) signed and/or sent and/or received by the Clients shall be governed by the law of the Client’s country as per the terms specified in such documents.
13.5. The Parties shall take all measures to resolve disputes arising from this Agreement through negotiation. Since the Company is a resident of the Astana International Financial Centre (AIFC), the Parties agree that if negotiation fails, any dispute (contractual or non-contractual) arising out of or in connection with this Agreement, including issues regarding its existence, validity, or termination, shall fall under the exclusive jurisdiction of the AIFC Court.
13.6. This Agreement applies throughout the Republic of Kazakhstan and in the Client’s country (if the Client is a citizen or legal entity of another country).
13.7. The Agreement comes into effect upon acceptance by the Client and remains valid indefinitely.
13.8. This Agreement is published on the Company’s Website.