on providing access to the VenueCall SaaS Platform
Individual Entrepreneur Abdrakhmanov (hereinafter referred to as the "Service Provider"), IIN 990331300094, acting on the basis of the certificate of registration as an individual entrepreneur, hereby addresses this public offer (hereinafter referred to as the "Offer") to any individual or legal entity (hereinafter referred to as the "Customer"), collectively referred to as the "Parties", and individually as a "Party".
1. General Provisions
1.1. This document constitutes a public offer in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan (Special Part) and contains all essential terms of the agreement on providing access to the VenueCall SaaS platform (hereinafter referred to as the "Platform").
1.2. Full and unconditional acceptance of this Offer shall be the Customer's performance of one of the following actions:
registration of an account on the Platform at https://venuecall.app;
payment for any pricing plan of the Platform.
1.3. Acceptance of the Offer means that the Customer has fully read, agrees with, and accepts all the terms of this Offer in full, without any reservations or exceptions.
1.4. The Service Provider reserves the right to amend the terms of this Offer at any time. Amendments shall take effect from the moment the new version of the Offer is published on the Platform. Continued use of the Platform after the publication of amendments constitutes the Customer's consent to the new version of the Offer.
1.5. The current version of the Offer is always available at: https://venuecall.app/legal/offer.
2. Subject of the Agreement
2.1. The Service Provider undertakes to provide the Customer with access to the VenueCall SaaS platform, and the Customer undertakes to pay for the Service Provider's services in accordance with the selected pricing plan.
2.2. The VenueCall Platform is a cloud-based software product for hospitality establishments (restaurants, cafes, bars, and other venues) providing the following functionality:
waiter calling by the guest via QR code scanning;
digital menu of the establishment;
online table reservations;
loyalty system with points accumulation;
chat between guests and staff;
management of tables, halls, staff, and orders;
analytics and reporting;
integrations with messengers (Telegram, WhatsApp) and POS systems.
2.3. The specific set of available functionality is determined by the Customer's selected pricing plan (Section 4 of this Offer).
2.4. The Service Provider grants the Customer a non-exclusive, non-transferable right to use the Platform for the duration of the paid subscription.
3. Procedure for Concluding the Agreement
3.1. To conclude this Agreement, the Customer shall:
complete the registration form on the Platform, providing accurate data (name, email address, phone number, establishment name);
confirm acceptance of the terms of this Offer and the Privacy Policy.
3.2. The Agreement shall be deemed concluded from the moment the Customer accepts the Offer in accordance with clause 1.2 of this Offer.
3.3. The Customer warrants the accuracy of the data provided during registration and bears responsibility for keeping such data up to date.
3.4. A single individual or legal entity may register multiple accounts if permitted by the selected pricing plan.
4. Pricing Plans and Cost of Services
4.1. The Platform is offered under the following pricing plans:
4.1.1. "Free" Pricing Plan Cost: 0 (zero) tenge. Limitations:
up to 5 (five) tables;
up to 2 (two) staff members;
1 (one) hall;
table reservation functionality is unavailable;
loyalty system is unavailable;
guest chat is unavailable.
4.1.2. "Pro" Pricing Plan Cost:
monthly subscription: 9,900 (nine thousand nine hundred) tenge per month;
annual subscription: 99,000 (ninety-nine thousand) tenge per year (17% discount compared to monthly billing).
Includes: unlimited number of tables, staff members, and halls; all Platform functionality: reservations, loyalty system, guest chat, analytics, messenger integrations.
4.1.3. "Business" Pricing Plan Cost:
monthly subscription: 50,000 (fifty thousand) tenge per month;
annual subscription: 500,000 (five hundred thousand) tenge per year (17% discount compared to monthly billing).
Includes: all features of the "Pro" plan; support for multiple establishments (multi-venue) within a single account; integration with the iiko POS system; access to the Platform API; dedicated manager for technical support and setup.
4.2. The Service Provider reserves the right to change the cost of pricing plans. The Service Provider shall notify the Customer of any cost changes no less than 30 (thirty) calendar days prior to the new prices taking effect by sending a notification to the Customer's email address. Cost changes shall not affect the current paid subscription period.
4.3. The Service Provider is entitled to provide promo codes, discounts, and special offers at its discretion. The terms of special offers are determined separately.
5. Payment Procedure
5.1. Payment for the Service Provider's services shall be made in non-cash form through the TipTopPayments payment service (hereinafter referred to as the "Payment Provider").
5.2. All payments shall be made in the national currency of the Republic of Kazakhstan — the Kazakhstani tenge (KZT).
5.3. Payment shall be made on a prepaid basis — for the upcoming period of Platform usage (month or year depending on the selected billing cycle).
5.4. The subscription is automatically renewed at the end of each paid period. Automatic charge of funds is processed through the Payment Provider on the day following the last day of the current paid period.
5.5. The Customer undertakes to ensure sufficient funds are available on the payment method linked to the account for automatic subscription renewal.
5.6. In the event of an unsuccessful charge during automatic renewal, the Service Provider shall make repeated charge attempts within 3 (three) business days. If all attempts are unsuccessful, the Customer's subscription shall be downgraded to the "Free" plan.
5.7. Payment processing, storage, and handling of bank card data are performed by the Payment Provider. The Service Provider does not store the Customer's bank card data.
5.8. The payment date shall be deemed the date on which the funds are credited to the Service Provider's account.
6. Rights and Obligations of the Parties
6.1. The Service Provider undertakes to:
Provide the Customer with access to the Platform in the scope corresponding to the selected pricing plan.
Ensure the operability of the Platform and take reasonable measures to maintain its availability.
Provide technical support to the Customer at the email address support@venuecall.app on business days (Monday through Friday, from 10:00 to 19:00 Almaty time, UTC+5).
Notify the Customer of scheduled maintenance associated with temporary unavailability of the Platform no less than 24 (twenty-four) hours in advance, where possible.
Ensure the confidentiality of the Customer's data in accordance with the legislation of the Republic of Kazakhstan and the Privacy Policy.
6.2. The Service Provider is entitled to:
Modify the functionality of the Platform, including adding, changing, or removing individual features, with notification to the Customer.
Perform scheduled maintenance associated with temporary unavailability of the Platform.
Suspend or terminate the Customer's access to the Platform in the event the Customer breaches the terms of this Offer.
Send the Customer informational and service notifications related to the operation of the Platform.
6.3. The Customer undertakes to:
Provide accurate data during registration and maintain their accuracy.
Pay for the Service Provider's services in a timely manner and in full in accordance with the selected pricing plan.
Refrain from actions aimed at disrupting the operability of the Platform or obtaining unauthorized access to the Platform or its components.
Refrain from using the Platform for purposes contrary to the legislation of the Republic of Kazakhstan.
Independently ensure the security of access credentials to their account (login, password) and not disclose them to third parties.
Immediately notify the Service Provider of any unauthorized use of the Customer's account.
6.4. The Customer is entitled to:
Use the Platform to the extent provided by the selected pricing plan.
Contact the Service Provider's technical support regarding the operation of the Platform.
Change the pricing plan at any time. When upgrading to a more expensive pricing plan, the additional payment is calculated proportionally to the remaining subscription period. When downgrading to a less expensive pricing plan, the change takes effect at the beginning of the next paid period.
Cancel the subscription at any time in accordance with Section 10 of this Offer.
7. Refund Terms
7.1. The Customer is entitled to cancel the subscription and request a refund by submitting a request to the Service Provider's email address: support@venuecall.app.
7.2. Upon cancellation of the subscription, the Customer shall be refunded an amount calculated proportionally to the unused subscription period (after deducting the full calendar days elapsed since the beginning of the current paid period).
7.3. Funds for the used subscription period are not subject to refund.
7.4. Refunds shall be processed using the same method by which the payment was originally made, within 14 (fourteen) business days from the moment the refund request is confirmed by the Service Provider.
7.5. Refunds shall not be issued in the following cases:
the Customer's account has been blocked by the Service Provider due to a breach of the terms of this Offer;
the Customer used a promo code or special offer whose terms exclude refunds.
7.6. No refund is applicable to the "Free" pricing plan, as the service is provided free of charge.
8. Liability of the Parties
8.1. The Parties shall be liable for non-performance or improper performance of obligations under this Agreement in accordance with the legislation of the Republic of Kazakhstan.
8.2. The Service Provider does not guarantee uninterrupted and error-free operation of the Platform (no SLA is provided). The Platform is provided "as is." The Service Provider makes commercially reasonable efforts to ensure the availability and operability of the Platform.
8.3. The Service Provider shall not be liable for:
losses, lost profits, data loss, or other indirect damages of the Customer arising in connection with the use of or inability to use the Platform;
temporary unavailability of the Platform caused by maintenance, updates, failures of third-party services (hosting, payment systems, messengers), or other causes beyond the Service Provider's control;
actions or inaction of the Payment Provider (TipTopPayments) related to payment processing;
the content of data posted by the Customer on the Platform (menu, prices, establishment information);
the quality of the Customer's internet connection.
8.4. The aggregate liability of the Service Provider under this Agreement shall be limited to the amount actually paid by the Customer for the last 3 (three) months preceding the occurrence of the basis for liability.
8.5. Force Majeure. The Parties shall be released from liability for full or partial non-performance of obligations under this Agreement if such non-performance was the result of force majeure circumstances, including but not limited to: natural disasters, military actions, epidemics, pandemics, strikes, acts of governmental authorities, failures of telecommunications networks, DDoS attacks, and other cyberattacks. The Party affected by force majeure shall notify the other Party within 5 (five) business days from the onset of such circumstances.
8.6. The Customer bears full responsibility for actions performed using their account.
9. Intellectual Property
9.1. The VenueCall Platform, including the software code, design, trademark, logo, textual materials, graphic elements, and other intellectual property objects, is the property of the Service Provider and is protected by the intellectual property legislation of the Republic of Kazakhstan.
9.2. The conclusion of this Agreement does not entail the transfer of any exclusive rights to the Platform or its components to the Customer. The Customer is granted a non-exclusive right to use the Platform solely for the purposes provided for in this Offer.
9.3. The Customer shall not:
copy, modify, distribute, or create derivative works based on the Platform or its components;
decompile, disassemble, or reverse-engineer the Platform;
remove or alter copyright information and other notices contained in the Platform;
provide access to the Platform to third parties on a paid basis without the written consent of the Service Provider.
9.4. Data uploaded by the Customer to the Platform (menu, images, establishment information, guest data) shall remain the property of the Customer. The Service Provider is entitled to use anonymized and aggregated data for analytical purposes.
9.5. Upon termination of the Agreement, the Customer is entitled to request an export of their data within 30 (thirty) calendar days from the date of termination. After the expiration of said period, the Service Provider is entitled to delete the Customer's data.
10. Term and Termination of the Agreement
10.1. This Agreement shall take effect from the moment the Customer accepts the Offer and shall remain in force indefinitely until its termination in the manner set forth in this section.
10.2. Subscriptions to paid pricing plans are automatically renewed for an equivalent period (month or year) at the end of each paid period, unless the Customer cancels the subscription before the end of the current paid period.
10.3. The Customer is entitled to cancel the subscription at any time through their personal account on the Platform or by submitting a request to the email address support@venuecall.app.
10.4. Upon cancellation of the subscription, the Customer retains access to the functionality of the paid pricing plan until the end of the current paid period. Upon expiration of the paid period, the Customer's account shall be downgraded to the "Free" pricing plan.
10.5. The Service Provider is entitled to unilaterally terminate this Agreement and block the Customer's account in the following cases:
breach of the terms of this Offer by the Customer;
use of the Platform for unlawful purposes;
actions by the Customer that cause damage to the operability of the Platform or the reputation of the Service Provider;
non-payment for services for more than 30 (thirty) calendar days.
10.6. The Service Provider is entitled to discontinue the provision of services and the operation of the Platform in general, having notified all Customers no less than 60 (sixty) calendar days in advance. In this case, Customers shall be refunded for the unused subscription period.
11. Governing Law and Dispute Resolution
11.1. This Agreement shall be governed by and construed in accordance with the legislation of the Republic of Kazakhstan.
11.2. All disputes and disagreements arising in connection with this Agreement shall be resolved by the Parties through negotiation. The period for reviewing a claim shall be 15 (fifteen) business days from the date of its receipt.
11.3. If the dispute cannot be resolved through negotiation, it shall be submitted to the court at the location of the Service Provider (Almaty, Republic of Kazakhstan) in accordance with the legislation of the Republic of Kazakhstan.
12. Final Provisions
12.1. This Offer is drawn up in Russian.
12.2. In all matters not covered by this Offer, the Parties shall be guided by the current legislation of the Republic of Kazakhstan, including the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "On Consumer Rights Protection," and the Law of the Republic of Kazakhstan "On Personal Data and Their Protection."
12.3. A court's recognition of the invalidity of any provision of this Offer shall not entail the invalidity of the remaining provisions.
12.4. The Customer confirms that all terms of this Offer are clear to them, and they accept them unconditionally and in full.