SAPARAI PUBLIC TERMS OF USE

The Service is provided by:

hereinafter referred to as “SaparAI”.

By creating an account, clicking the consent button, paying for the Service, or otherwise expressly accepting these Terms, the user confirms entering into an agreement with SaparAI.

SaparAI may retain technical evidence of acceptance:

• document version;
• date;
• time;
• account ID;
• other necessary technical information.

If an individual uses SaparAI on behalf of an IE, LLP, or other organization, that individual confirms having the authority to:

• create a workspace;
• connect corporate services;
• connect an advertising account;
• grant API permissions;
• accept these Terms;
• perform the relevant actions on behalf of the organization.

The absence of an employee’s internal authority does not automatically mean that SaparAI has authority to determine the corporate relationships of that client.

SaparAI is primarily intended for use in entrepreneurial, commercial, marketing, and other professional activities.

If the user purchases the Service as an individual exclusively for personal purposes and the relationship in fact falls under mandatory consumer protection legislation, all rights that the law does not permit to be limited by contract apply.

An independent commercial account is intended for persons aged 18 or older, or for persons having the necessary legal capacity under applicable law.

SaparAI functionality may include:

• AI marketing assistant;
• marketing workspace;
• advertising analytics;
• Meta Ads;
• Facebook;
• Instagram;
• WhatsApp Business;
• TikTok;
• Google and YouTube where the relevant integration is available;
• CRM;
• amoCRM;
• attribution;
• orders;
• revenue analytics;
• Conversions API;
• content plans;
• video analysis;
• creative analysis;
• content generation;
• AI agents;
• marketing automation;
• budget monitoring;
• notifications;
• calendar integration;
• other features.

SaparAI is an evolving software product.

Individual features may:

• be added;
• be changed;
• be combined;
• be renamed;
• be moved to beta;
• be limited;
• be removed.

SaparAI is not required to retain every optional feature indefinitely in an unchanged form.

A material change to an already paid service is made taking into account the user’s mandatory rights.

SaparAI may provide beta, preview, experimental, or early-access features.

Such features may:

• operate unstably;
• change;
• have limitations;
• provide incomplete results;
• be discontinued.

Unless separately promised otherwise, a beta feature is not a guarantee of a future commercial release.

The user must:

• provide accurate information;
• protect the password;
• use MFA when mandatory;
• not provide the account to unauthorized persons;
• immediately report a compromise;
• keep the email address and other contact details up to date.

The user is responsible for the actions of persons to whom the user has granted access.

If SaparAI has reasonable grounds to believe that an account has been compromised, SaparAI may:

• block the session;
• require reauthorization;
• require MFA;
• revoke an integration token;
• temporarily restrict a potentially dangerous operation.

The user may invite other participants.

The workspace administrator/owner is responsible for:

• assigning roles;
• granting permissions;
• revoking access;
• controlling former employees;
• verifying participants’ authority.

The user may independently connect external platforms.

When connecting a platform, the user confirms:

• having the right to manage the relevant account;
• having the right to grant SaparAI the relevant permissions;
• compliance with the platform’s rules.

SaparAI may use OAuth or similar mechanisms.

The user grants only the permissions displayed and confirmed by the relevant platform.

The user may revoke access through available SaparAI mechanisms or through the relevant platform.

SaparAI may perform supported API actions with Meta Ads, Facebook, Instagram, and WhatsApp only within the access granted by the user.

SaparAI is not the owner of the user’s Meta account.

The same general rules apply to other integrations.

SaparAI does not control the independent:

• APIs;
• algorithms;
• moderation;
• blocks;
• limits;
• rules;
• price changes;
• availability;
• internal decisions of an external provider.

The user must independently ensure:

• the platform’s billing information is up to date;
• the availability of necessary funds;
• compliance with advertising policies;
• correct business verification;
• the availability of necessary licenses;
• compliance with local restrictions.

SaparAI is a software intermediary and automation tool.

The actual publication of advertising is performed by an external advertising platform.

Therefore, a decision by Meta, TikTok, Google, or another platform concerning:

• moderation;
• a ban;
• a restriction;
• ad rejection;
• auction cost;
• impressions;
• billing

is not a decision of SaparAI.

Unless otherwise agreed separately in writing, the advertiser is the user or the user’s organization.

SaparAI does not become the advertiser merely because the software sent an API command on the user’s behalf.

SaparAI uses AI to analyze and generate information.

AI may create:

• ad copy;
• content;
• a script;
• an idea;
• audience suggestion;
• campaign suggestion;
• marketing analysis;
• creative analysis;
• budget recommendation;
• performance summary;
• other output.

AI is a probabilistic system.

AI may:

• make mistakes;
• generate nonexistent facts;
• create an unsuccessful recommendation;
• fail to take the context into account;
• not know about a recent change in the law;
• fail to take a specific platform’s rule into account;
• create content similar to someone else’s content.

The user must review material output.

Unless a separate agreement is expressly entered into, SaparAI is not:

• a legal adviser;
• a tax adviser;
• an accountant;
• a financial adviser;
• a physician;
• an investment adviser.

AI output must not be used as the sole basis for a critical professional decision.

Before publication, the user must check:

• prices;
• discounts;
• deadlines;
• guarantees;
• product characteristics;
• medical claims;
• financial claims;
• income claims;
• licenses;
• promotion terms;
• other material information.

The user must have the necessary rights to:

• photographs;
• videos;
• music;
• trademarks;
• logos;
• characters;
• voices;
• designs;
• text;
• other intellectual property.

SaparAI cannot guarantee that every AI-generated output is unique.

SaparAI may provide:

• analytics mode;
• recommendation mode;
• approval mode;
• autonomous mode.

SaparAI analyzes data and displays recommendations without sending a potentially financially significant change without the required authorization.

SaparAI may create a proposal.

The user or an authorized participant decides whether to execute it.

If the user consciously enables autonomous mode, the user authorizes SaparAI to perform supported advertising actions within the selected settings.

The authorization is limited by:

• the specific workspace;
• the specific advertising account;
• available API permissions;
• specified limits;
• available functionality;
• internal safety restrictions.

The user must correctly set:

• daily limit;
• campaign budget;
• total permissible advertising spend;
• other supported budget controls.

SaparAI may refuse to perform a suspicious or potentially dangerous action.

Advertising spend is paid to the external advertising platform, not SaparAI, unless expressly stated otherwise.

SaparAI does not own advertising budget funds.

The figure displayed in SaparAI may differ from the platform’s actual billing because of:

• API delay;
• currency conversion;
• time zone;
• auction delivery;
• platform taxes;
• rounding;
• delayed reporting;
• other factors.

The official source for the final charges of the relevant platform is its billing interface.

If the user believes that advertising is spending funds incorrectly, the user must use the available SaparAI control and, if necessary, independently stop the campaign directly in the official advertising account.

SaparAI does not guarantee the ability to immediately cancel an operation already accepted by an external platform.

SaparAI does not guarantee:

• the number of leads;
• CPL;
• CPA;
• ROAS;
• ROI;
• revenue;
• sales;
• followers;
• views;
• CTR;
• successful moderation;
• unbanning of an advertising account;
• a certain profit.

SaparAI provides attribution as an analytics system.

Depending on the available evidence, the source may be:

• exact;
• probable;
• ambiguous;
• unknown.

The absence of evidence does not mean the absence of advertising influence.

The presence of an attribution signal does not always prove absolute causation.

SaparAI metrics may differ from:

• Meta;
• Google;
• TikTok;
• CRM;
• a banking system;
• a sales system

because of attribution windows, deduplication, delayed events, time zone, API limitations, and methodology.

Such a discrepancy by itself is not considered a defect of SaparAI.

The user who transfers the user’s own customer data to SaparAI confirms having a lawful basis for doing so.

The user is responsible for:

• the lawfulness of the initial collection;
• necessary notices;
• necessary consents;
• the lawfulness of marketing communications;
• handling requests from the user’s own customers.

It is prohibited to use SaparAI for:

• purchasing an unlawful database;
• enriching a stolen database;
• scraping personal data without a lawful basis;
• mass extraction of contact information for spam;
• circumventing privacy restrictions.

The user must comply with legislation and WhatsApp/Meta rules.

The user is responsible for the lawfulness of mailings and communications with the user’s customers.

The existence of a technical ability to send a message does not mean there is a legal right to send it.

By enabling CAPI, the user confirms having the relevant bases for sending conversion information to an advertising platform.

The use of data is governed by the SaparAI Privacy Policy.

If necessary, the parties may enter into a separate Data Processing Agreement.

Without a separate supported feature, it is prohibited to use SaparAI to store:

• full bank card details;
• customer passwords;
• secret keys;
• copies of identity documents;
• medical dossiers;
• biometric templates;
• other high-risk information,

that is not necessary for the operation of the marketing Service.

It is prohibited to use SaparAI for:

• fraud;
• phishing;
• malware;
• unauthorized access;
• spam;
• impersonation;
• unlawful surveillance;
• infringement of IP rights;
• violation of privacy;
• unlawful targeting;
• circumventing platform enforcement;
• creating deceptive advertising;
• selling goods prohibited by law;
• other unlawful activity.

It is prohibited to use SaparAI for:

• circumventing a Meta block;
• creating fictitious accounts;
• concealing prohibited advertising;
• evading moderation;
• circumventing API restrictions;
• other actions that violate the rules of a third-party service.

It is prohibited to:

• scan SaparAI infrastructure without permission;
• conduct DoS/DDoS attacks;
• use malicious automation;
• attempt to obtain someone else’s tokens;
• circumvent rate limits;
• attempt to access someone else’s workspace.

Responsible disclosure of a vulnerability is not considered a violation if the researcher acts in good faith, causes no harm, and reports the problem to SaparAI.

The user retains the user’s rights to content uploaded by the user.

The user grants SaparAI a limited, non-exclusive right to technically process such content for:

• providing the Service;
• AI processing;
• storage;
• backup;
• transmission;
• security;
• support;
• performing a specific user action.

SaparAI does not acquire the right to freely publish the user’s commercial data merely because it was uploaded to the Service.

SaparAI uses it to provide the Service and for other lawful purposes disclosed in the Privacy Policy.

To the extent permitted by law and the rights of the relevant providers, the user may use AI output generated for the user.

SaparAI does not guarantee:

• exclusivity;
• uniqueness;
• patentability;
• the ability to register copyright;
• absence of similarity;
• absence of any third-party claims.

All rights to:

• software;
• backend;
• frontend;
• architecture;
• brand;
• design;
• documentation;
• internal workflows;
• proprietary systems;
• SaparAI trademarks

belong to SaparAI or the relevant rights holder.

Subject to these Terms, the user receives a limited, revocable in the cases provided by the agreement, non-exclusive right to use SaparAI within the selected plan.

The right does not mean a transfer of ownership.

To the extent permitted by law, it is prohibited to:

• decompile closed components;
• circumvent technical restrictions;
• copy a substantial part of the product;
• extract closed secrets;
• resell the Service as one’s own without permission.

The user may voluntarily provide ideas for product development.

SaparAI may use general feedback to improve the Service without paying compensation, unless a separate agreement provides otherwise.

This does not give SaparAI the right to appropriate the client’s confidential developments.

The price and content of a paid plan are shown before purchase or determined by a separate agreement, invoice, or commercial offer.

The price is stated taking into account the applicable tax regime or with a corresponding indication in the interface or billing document.

Unless expressly stated otherwise, a payment for SaparAI does not include:

• Meta spend;
• TikTok spend;
• Google Ads spend;
• other external advertising expenses.

If automatic renewal applies to a plan, it is permitted only where the relevant payment model and proper user notification are in place.

The user must be able to disable further renewal using the method provided by the relevant payment system or SaparAI.

SaparAI may change the price for future periods.

The new price does not apply retroactively to a period that has already been paid for.

The user receives information about the change when such notice is required by law or the plan terms.

SaparAI may provide a trial/free period.

SaparAI may set reasonable trial limits, including:

• the number of AI requests;
• the number of workspaces;
• the number of connected accounts;
• automation restrictions.

A refund of payment for SaparAI is determined by:

• legislation;
• the nature of the service;
• the plan terms;
• the volume actually provided;
• the circumstances of the particular case.

These Terms do not cancel a mandatory right to a refund if that right is provided by law.

SaparAI cannot independently refund advertising spend paid directly to Meta, Google, TikTok, or another platform.

Such refunds are governed by the relevant platform.

SaparAI strives to maintain the operability of the Service, but does not guarantee 100% uptime unless a separate SLA expressly provides otherwise.

SaparAI may perform:

• updates;
• migrations;
• repairs;
• security maintenance;
• emergency maintenance.

SaparAI does not fully control the infrastructure of independent providers.

A failure of an external API may temporarily limit a particular SaparAI feature.

SaparAI may use backups.

A backup is not a user archival service and does not cancel the user’s obligation to keep critical originals of the user’s own materials.

SaparAI may temporarily restrict an account where there is a reasonable basis, for example:

• security threat;
• fraud;
• violation of the law;
• violation of these Terms;
• unauthorized access;
• material overdue debt;
• abuse;
• a government authority requirement;
• threat to other users.

Prior notice may not be provided if delay could lead to:

• financial harm;
• a security breach;
• a leak;
• unlawful activity;
• harm to a third party.

If a violation does not require immediate blocking, SaparAI may provide the user with a reasonable opportunity to remedy it.

The user may stop using SaparAI at any time.

Termination of SaparAI by itself does not automatically stop the user’s obligations to third-party platforms.

Before deleting the account, the user must check Meta, TikTok, Google, and other accounts and independently ensure that the necessary campaigns have been stopped.

Deleting the SaparAI account is not a guarantee that advertising objects will be deleted from a third-party platform.

The user is advised to export necessary business data before permanently deleting the account.

Data processing after termination is governed by the Privacy Policy and the legislation of the Republic of Kazakhstan.

SaparAI takes reasonable measures to prevent unauthorized disclosure of the user’s confidential information.

Information is not considered confidential if it:

• lawfully became public;
• was independently developed;
• was lawfully received from a third party;
• must be disclosed by law.

Use of SaparAI by itself does not create:

• a partnership;
• a joint venture;
• an employment relationship;
• an agency relationship;
• a fiduciary relationship

between the user and SaparAI, unless the parties separately agree otherwise in writing.

Meta, Google, TikTok, OpenAI, Supabase, amoCRM, and other providers do not become SaparAI employees merely because of a technical integration.

SaparAI undertakes to provide the Service in good faith and to take reasonable measures regarding:

• operability;
• protection of information;
• correction of known material errors;
• user support.

To the extent permitted by law, SaparAI does not guarantee:

• continuity;
• absence of all errors;
• perfect AI accuracy;
• error-free third-party data;
• unchanged third-party APIs;
• a commercial outcome.

The user is responsible for:

• the lawfulness of the user’s business;
• the lawfulness of the product;
• advertising;
• content;
• the user’s customer data;
• having permissions;
• the user’s employees;
• the budgets selected;
• advertising actions confirmed by the user.

SaparAI is not responsible for spend that occurred within:

• an advertising budget expressly set by the user;
• an action confirmed by the user;
• an automation policy authorized by the user,

except where SaparAI’s responsibility follows directly from a mandatory provision of law.

If a confirmed technical defect in SaparAI directly led to an unauthorized operation, the issue of liability is considered taking into account:

• proven causation;
• the user’s actions;
• the actions of a third-party platform;
• established limits;
• mandatory law.

SaparAI does not exclude liability that the law expressly prohibits excluding.

For commercial users and to the maximum extent permitted by law, SaparAI is not responsible for indirect or purely hypothetical commercial consequences, including:

• lost future profit;
• loss of an anticipated opportunity;
• reputational expectations;
• hypothetical future revenue,

unless a different result is established by mandatory law or a final court judgment.

For a commercial user, SaparAI’s aggregate contractual liability related to one event or a set of interrelated events is, to the maximum extent permitted by law, limited to the amount actually paid by that user to SaparAI during the twelve months preceding the relevant event.

This limitation does not apply where the legislation of the Republic of Kazakhstan expressly prohibits such limitation.

No provision of these Terms excludes liability:

• for an intentional unlawful act;
• in cases where limitation is prohibited by law;
• for other obligations that the parties may not exclude by agreement.

If a commercial user violates:

• a third party’s rights;
• advertising law;
• privacy law;
• IP law;
• platform rules;

and as a result a substantiated claim is brought against SaparAI, the user must, to the extent permitted by law, cooperate in the defense and reimburse SaparAI for documented direct expenses caused specifically by the user’s violation.

This does not apply to the part of the loss that arose as a result of SaparAI’s own violation.

A party’s liability may be excluded or limited in the cases of extraordinary and unavoidable circumstances provided by law.

Whether a circumstance qualifies as force majeure is determined by applicable law and not only by these Terms.

SaparAI may update the Terms in connection with:

• the law;
• a new feature;
• security changes;
• a new business model;
• a change to a third-party API.

The version date is published at the beginning of the document.

If a change materially affects the user, SaparAI provides reasonable notice through the Service, email, or another available method, unless an immediate change is required by law or security.

A new version is not used to artificially worsen the user’s rights in relation to a dispute that arose before the relevant change.

SaparAI may send legally significant notices through:

• the account email;
• the personal account;
• other electronic channels permitted by law.

The user must keep their contact details up to date.

Legal communications may be sent to:

admin@saparai.com

Phone:

+7 775 072 20 82

Before going to court, the parties may attempt to resolve a dispute by a written claim.

The claim must make it possible to understand:

• who is making the claim;
• what happened;
• what demand is being made;
• what evidence is available.

SaparAI considers the request within the period provided by law.

The law of the Republic of Kazakhstan applies to these Terms.

Disputes are resolved in accordance with the legislation of the Republic of Kazakhstan and applicable jurisdiction rules.

These Terms do not deprive a consumer of the right to apply to a court or government authority at the place and in the manner provided by mandatory law.

If the user is a consumer in the legal sense, no provisions concerning:

• liability limit;
• refund;
• venue;
• warranty;
• pre-litigation procedure

apply to the extent that they worsen the consumer’s mandatory rights.

If one provision is held invalid, the remaining provisions remain in effect if the agreement can reasonably be performed without it.

If SaparAI does not exercise a particular contractual right once, this does not automatically mean a permanent waiver of that right.

The user may not transfer a commercial account or agreement to a third party while bypassing security/verification procedures.

SaparAI may transfer its rights and obligations to a lawful successor in a reorganization or business transfer in compliance with applicable law.

For the relevant service, the agreement may consist of:

• these Terms;
• the Privacy Policy;
• separate Consent;
• the plan;
• Order Form;
• DPA;
• SLA;
• commercial offer;
• another separately signed agreement.

In the event of a conflict, a special signed agreement may take priority within the scope of its subject matter, if permitted by law.

No provision of these Terms is intended to circumvent the legislation of the Republic of Kazakhstan.

If a mandatory provision establishes otherwise, the mandatory provision applies.