Public offer Agreement

Agreement on the Provision of Services for Providing Access to the Information Product "Youtrade.kz in Real-Time Mode"

City: Almaty

"TOO "Kubayev Capital", represented by the Director Kubayev Adilbek Suleimenuly, hereinafter referred to as the "Supplier", acting on the basis of the Charter, offers the Client to conclude a contract for the provision of information services (hereinafter referred to as the "Service"), by providing access to the information product "Youtrade.kz" by the Client accepting this public offer (hereinafter referred to as the "Contract").

1. TERMS AND DEFINITIONS

Client - an individual or legal entity that has accepted the offer and is a consumer of the Service under this Agreement.Acceptance of the offer - full and unconditional acceptance by the Client of the terms of this Agreement by registering as prescribed by the Agreement.Access - the right of the Client to view Trading Information in accordance with the terms of the Agreement.Personal account - a section on the Youtrade.kz website available to authorized users containing a section for viewing Trading Information.Username and Password - two unique sets of characters that identify the Client, the combination of which allows the Client to access the Personal Account to view Trading Information. The Username and Password are chosen by the Client during Registration, and their uniqueness is verified by the Youtrade.kz platform administration system.Registration - the formation of a client's account on the Youtrade.kz website by the client filling in the data in the prescribed form.Real-time mode - transmission of Trading Information, between the occurrence and publication of which no more than 10 minutes have passed.Parties - the Platform and the Client.Trading Information - exchange information about transactions with financial instruments that are admitted to circulation (trading) on the Exchange, concluded in the trading system of the Platform, about applications submitted for conclusion of such transactions. In this Agreement, only the best price bids for each financial instrument are meant by applications at each moment in time. The Agreement implies Trading Information in real-time mode.Device - any device of the Client, including a mobile or stationary device/display, that provides the ability to receive and/or control and/or display Trading Information.Electronic payment method - method of paying for the Service through the Youtrade.kz platform website using a bank card, in accordance with the Rules for conducting electronic payment for access to the information product Youtrade.kz outlined in Appendix No. 1 to this Agreement.Payment by the invoice issued for payment - method of paying for the Service by the invoice issued for payment, to the bank details of the Platform specified in the relevant invoice for payment.Virtual competitions - are a competitive selection for receiving funding from the company, participation in such competitions implies the participants' agreement with the conditions and rules established by the company for the conduct and evaluation of projects."

2. SUBJECT OF THE CONTRACT

2.1. In accordance with the Contract, the Supplier undertakes to provide the Client with access to the information product in the form of online competitions, where the client can receive a virtual account and available virtual funds to participate in trading on the securities market in real-time mode. The Client, in turn, undertakes to pay for the opportunity to use the platform for trading. Thus, the Supplier provides the client with the opportunity to practice and improve trading skills without the risk of losing real funds in financial markets.2.2. The Contract shall be deemed concluded from the moment the Client makes the first payment for the Service.2.3. Trading information provided to the Client under the Contract is intended solely for the Client's viewing. The Client is prohibited from reproducing, publishing, or otherwise distributing Trading Information.2.4. Viewing Trading Information from two or more Devices under one Username simultaneously is prohibited.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Supplier has the right to:

1. demand from the Client proper performance of the terms of the Contract;
2. suspend the Client's Access to Trading Information in case of: - the Client's failure to pay the cost of the Service on time; or - when the Supplier reasonably believes that any actions of the Client violate the provisions and conditions of the Contract;
3. change the format of Trading Information and/or any of its parts without prior notice to the Client;
4. change the addresses of pages on the Internet where Trading Information or any of its parts are published, with the publication of a notification of such change on the Exchange's website;
5. change the composition of Trading Information and/or any of its parts without prior notice to the Client if such a change does not result in a reduction in the amount of data that constitutes Trading Information;
6. unilaterally change the fees for the provided Service, as well as make changes and additions to the Contract with the publication of a notification of such changes/additions on the Exchange's website no later than 10 (ten) calendar days before the date of entry into force of the changes/additions;
7. in case the Client violates the conditions of clauses 2.3. or 2.4., terminate the Client's access to Trading Information without refunding the Client the paid amount or its part;
8. take other actions in accordance with the legislation of the Republic of Kazakhstan;
9. demand that the Client provide the necessary documents in accordance with the requirements of the legislation of the Republic of Kazakhstan.

3.2. The Client has the right to:

1. demand proper provision of the Service from the Exchange, and the performance of other obligations provided for by the Contract;
2. use Trading Information, taking into account the restrictions set forth in clauses 2.3. and 2.4. of the Contract;
3. receive funding from TOO "Kubayev Capital" in case of successful selection to participate in online competitions described on the Youtrade.kz website;
4. take other actions in accordance with the legislation of the Republic of Kazakhstan.

3.3. The Supplier undertakes to:

1. provide the Client with Access to Trading Information within 1 (one) business day following the day of receipt of money to the Exchange's bank account for payment of the Service under the Contract;
2. ensure the operability of the hardware and software complex through which the Platform provides the Client with Access to Trading Information;
3. timely and in the established manner provide the Client with an invoice for payment of the Service in accordance with the terms of the Contract;
4. restore the Client's Access to Trading Information within 1 (one) business day after the Client has rectified the violations that served as the basis for suspending the Client's Access to Trading Information (subparagraph 2) of clause 3.1. of the Contract);
5. properly fulfill all its other obligations under the Contract and the legislation of the Republic of Kazakhstan.

3.4. The Client undertakes to:

1. Timely and fully pay the cost of the Service in accordance with the terms of the Contract;
2. Independently and at his own expense organize a communication channel (access to the Internet);
3. Ensure the confidentiality of the Username and Password of the Client;
4. Notify the Supplier of any changes in contact information (phone number, email address), and other information that may affect the performance of obligations under the Contract, within 10 (ten) calendar days from the date of such change in writing;
5. Adhere to restrictions on the use of Trading Information, as provided in clauses 2.3. and 2.4. of the Contract;
6. In case of a breach of confidentiality regarding the Username and Password of the Client, notify the Supplier of this fact in an understandable form within one business day from the moment of occurrence of this fact;
7. Undergo the KYC (Know Your Client) procedure and provide personal information, full name, passport details, and bank details upon successful completion of online competitions under the conditions described on the official website of Youtrade.kz;
8. Properly fulfill other obligations provided by the Contract and the legislation of the Republic of Kazakhstan.

4. TERMS AND CONDITIONS OF PAYMENT

4.1. The cost of the Service under the Contract is determined in accordance with the applicable fees approved on the official website of Youtrade.kz.

4.2. The Platform provides the Service to the Client under the Contract on the terms of full prepayment.

4.3. The Client undertakes to independently and timely make payment for the Services in accordance with the selected method of payment.

4.5. In case of choosing the payment method via the invoice for payment, the first invoice for payment of the Service is sent by the Exchange no later than the next business day after the identification of the client and verification of the necessary documents, in accordance with the legislation of the Republic of Kazakhstan; subsequently, the payment must be made once.

4.6. The Platform does not refund the funds paid for the Service and/or compensate them by providing a proportionate additional time of Access to view Trading Information in the following cases:

• if the Platform provided the Client with Access to Trading Information, but the Client did not use this Access for any reason;
• if the Platform provided the Client with Access to Trading Information, but the Client used this Access for an incomplete period, for which the Client made the payment.
• if the Client successfully completed the competitions and gained capital growth through trading on the Platform.

4.7. The Supplier does not provide the possibility of refunding the funds paid for the Service and/or using the Platform, and is not obliged to compensate them in case the Client participates in an online competition and gains virtual capital. In this case, in cases provided by this paragraph, the Service is considered to be properly provided by the Supplier.

5. RESPONSIBILITY OF THE PARTIES

5.1. Each Party shall be liable for non-performance or improper performance of obligations under the Contract in accordance with the legislation of the Republic of Kazakhstan and the Contract.5.2. The Client is responsible for the accuracy of the information provided during Registration and filled in the Personal Account.5.3. The Client is responsible for maintaining the confidentiality of their Username and Password.5.4. The Platform shall be liable for:

1. Untimely provision of Access to Trading Information to the Client;
2. Inability of the Client to view Trading Information due to errors, technical failures, file deletions, function changes, defects, time delays specified in section 1 in the provision of data, which occurred due to the fault of the Exchange during stock trading.

5.5. If the circumstances specified in clause 5.4. of the Contract persist continuously for more than one working day, the Platform shall compensate the Client for the time of absence of Access to Trading Information by providing proportionate additional Access time in the subsequent period.5.6. The Platform shall not be liable for:

1. Any expenses of the Client, as well as any losses or damages arising from the use or inability to use Trading Information, or incurred as a result of errors, technical failures, file deletions, function changes, defects, delays in data provision, which occurred not due to the fault of the Exchange, including the absence or problems with access to the Internet network at the Exchange due to the fault of the provider whose services the Platform uses;
2. The quality of access to Trading Information via the Internet network.

6. TERMS OF CONTRACT AND TERMINATION OF CONTRACT

6.1. The Contract shall enter into force upon its conclusion, in accordance with clause 2.2. of the Contract, and is indefinite.6.2. Each Party has the right to unilaterally terminate the Contract by notifying the other Party no later than 10 (ten) calendar days before the expected date of termination of the Contract.

7. DISPUTE RESOLUTION AND APPLICABLE LAW

7.1. The Parties to the dispute, in the event of its occurrence, are considered to be the Platform and the Client who entered into the Contract.7.2. In the event of disagreements in the process of fulfilling the terms of the Contract, disputes between the Parties shall be resolved through negotiations. The Parties undertake to take all necessary measures to resolve discrepancies out of court.7.3. In the event of failure to reach mutual agreement, disputes shall be resolved in court in accordance with the legislation of the Republic of Kazakhstan.7.4. The applicable law for dispute resolution shall be the legislation of the Republic of Kazakhstan.

8. FORCE MAJEURE

8.1. The Parties shall be released from liability for non-performance or improper performance of their obligations under the Contract caused by force majeure circumstances, which include any extraordinary and unforeseen circumstances under the given conditions, beyond the reasonable control of the Parties to the Contract, including, but not limited to: war, military actions, actions of state authorities, state coup, fire, natural disasters, and other circumstances that the Parties could not foresee and that directly affected the performance of obligations under the Contract.8.2. In the event of force majeure circumstances, the deadline for performance of obligations under the Contract shall be extended proportionally to the time during which such circumstances existed. The Party for which it becomes impossible to fulfill its obligations under the Contract due to force majeure circumstances shall notify the other Party of the impossibility of performance within ten days from the start of such circumstances.8.3. If the force majeure circumstances persist for more than one month, the Parties have the right to refuse further performance of obligations under the Contract. In this case, neither Party shall be entitled to claim compensation from the other Party for any losses.

9. FINAL PROVISIONS

9.1. The Parties may not assign their rights or delegate the performance of their obligations under the Contract to a third party without the written consent of the other Party.

10. PROCEDURE FOR SENDING NOTIFICATIONS

10.1. All notifications of changes and amendments to the Contract, as well as changes and amendments to the Contract, shall be communicated by the Exchange to Clients by posting the relevant notification on the Exchange's website no later than 10 (ten) calendar days before the effective date of such changes and amendments.10.2. All notifications shall be sent by Clients to the Exchange by sending a written message to the postal address of the Exchange specified in section 11 of this Contract, and/or to the email address of the Marketing Information Products Department - mds@kase.kz.

11. LOCATION AND BANK DETAILS OF THE EXCHANGE

11.1. Name: LLP Kubayev CapitalAddress: Kazakhstan, Almaty, Mamyr-1 district, house 26.BIN (TIN): 220740002264Bank: JSC "Kaspi Bank"KBE: 17BIC: CASPKZKAAccount number: KZ66722S000016864723

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