Last updated: January 15, 2025

USER AGREEMENT

This User Agreement constitutes a legally binding contract (“Agreement” or “Terms”) between you and Birdhouse (the “Company”), governing your use of the website https://livin.kz, including all of its subdomains, as well as other websites through which the Company provides its services (collectively, the “Site”); our applications for mobile phones, tablets and other devices, and application programming interfaces (collectively, the “Application”); and all related services (collectively, the “Company Services”). The Site, the Application and the Company Services are collectively referred to as the “Company Platform.” The Terms for Owners, Terms for Tenants, the Refund Agreement and other rules and policies applicable to your use of the Company Platform are incorporated into this Agreement by reference. Rights and obligations arise when the User accedes to this User Agreement in accordance with Article 389 of the Civil Code of the Republic of Kazakhstan.

Collection and use of personal information in connection with your use of the Company Platform are carried out in accordance with the Company’s Privacy Policy.

Payment processing services provided in connection with your use of the Company Platform are provided by the Freedom Pay payment system, which acts as a payment operator.

Payment of funds may be made in one of the following ways:

• 1. Payment by the Client’s bank card using the Service and the Payment System;
• 2. Payment by the Client’s bank card through mobile payment systems (Apple Pay, Google Pay and/or Samsung Pay).
If the Client’s bank card supports 3D Secure, the Client must complete an additional verification with the issuing bank. To do this, the Client will be redirected to the card-issuing bank’s page. The verification procedure is determined by the card-issuing bank.

Payment processing services for Users on https://livin.kz are provided by the Freedom Pay payment system, which is the Company’s Partner. You agree to provide https://livin.kz with accurate and complete information about yourself and your business, and you authorize https://livin.kz to share the obtained data with the Company’s Partner. After Order confirmation, a window with a registration form will open, where the User must enter correct data in Russian or English: last name and first name, contact phone number, e‑mail, and city of residence. Make sure all data are correct and click “Proceed to payment.” Next a payment page will open where the User must enter bank card details. To additionally authenticate the cardholder, the 3D Secure protocol is used. If the User’s Bank supports this technology, the User will be redirected to its server for additional identification.

Online payment security. Personal information provided by Users (name, address, phone, e‑mail, credit card number) is confidential and not subject to disclosure. The User’s credit card data are transmitted only in encrypted form and are not stored on the Freedom Pay web server.

All card transactions are carried out in accordance with the requirements of VISA International, MasterCard and other payment systems. When transmitting information, special security technologies for online card payments are used; data are processed on a secure, high‑tech server of the processing company.

The User guarantees compliance with clauses 1 and 2 of this Agreement in order to fulfill clause 5‑1 of Article 36 of the Law of the Republic of Kazakhstan “On Informatization”, and bears full legal responsibility for any obstruction of, or failure to comply with, the above norms of the legislation of the Republic of Kazakhstan and the provisions of this Agreement.

1. Terms and Definitions

1.1. Company — “Birdhouse” (BIN 220340038469), legal address: RK, Almaty, Baitursynov street 141, index 050013

1.2. User — an individual who has legal capacity and uses the Service as an Owner or Tenant

1.3. Owner — a User who is the owner of a Property or a person authorized to post a Listing on the Site with an offer to conclude a rental transaction regarding the Property.

1.4. Tenant — a User who views a Listing posted by an Owner, books a Property, interacts with the Owner regarding the rental of the Property and/or wishes to conclude a transaction with the Owner regarding the Property.

1.5. Company Platform — an online platform that allows registered users (“Users”) and certain third parties to publish rental listings on the Company Platform, and to communicate and transact directly with Users wishing to book accommodation/premises.

1.6. Site Services or Services — a set of services provided to the User in accordance with the functional capabilities of the Site.

1.7. Software — the set of software tools (including the Site) that ensure the functioning of the Company Service.

1.8. Site — located at https://livin.kz, an online platform that provides Users the ability to publish, offer, search and book services.

1.9. User Registration on the Site — actions, as described on the Site, that the User performs to obtain the ability to use the Site to perform the Agreement.

1.10. User Authorization on the Site — actions, as described on the Site (Registration and Authorization Procedure), aimed at identifying the User by entering a Login and Generated Password known only to the User and kept secret, for using the Site.

1.11. User Account — a set of data about a Site User used to identify the User and containing information about the User, including Personal Data provided by the User, and used to manage the Site’s services on behalf of the User.

1.12. Personal Account — an individual section on the Site accessed by the User by entering the Login and Generated Password known only to the User, in accordance with the Site’s terms.

1.13. User Identification — establishing the User’s identity and data.

1.14. Login — data entered by the User to gain access to the User’s Personal Account on the Site.

1.15. Generated Password — a unique sequence of characters used to access the User’s Personal Account on the Site. Together with the Login, the Generated Password serves as an analogue of the User’s handwritten signature, confirming that actions performed using the Login and Generated Password originate from the User.

1.16. SMS message (one‑time password) — a short text message sent to the User’s mobile phone number. SMS messages may be sent by the Company to perform this User Agreement, the Service Agreement, the Agency Agreement and the Lease Agreement, and for information purposes, including to notify the User of transactions using payment cards linked to the Company’s information system.

1.17. Property — real estate in respect of which the Owner posts a Listing on the Site and wishes to provide for temporary possession and use.

1.18. Listing — an offer to transfer a Property for temporary paid use (including contact information, photos and any accompanying information) in the real estate market, posted by a User on the Site and addressed to an indefinite number of persons.

1.19. Long‑term Lease Agreement — the lease agreement, including its appendices, posted on the Site.

1.20. Booking — a service provided to the User for short‑term rental of a Property.

1.21. Lease Term — the period from the start of the lease until the end of the lease in accordance with the Lease Agreement.

1.22. Transaction — an agreement between Site Users and/or their actions aimed at establishing civil rights and obligations.

1.23. Owner Services — services provided by Owners or certain third parties (properly authorized by the Owner under the laws of the Republic of Kazakhstan) to provide bookings and transfer accommodation/premises for rent in accordance with the terms posted in the Listing on the Company Platform.

1.24. SES — a simple electronic signature confirming the fact of signing by the Owner and the Tenant, using the Service’s functionality, the lease, inventory of property and other documents via an SMS one‑time password sent to the mobile number indicated in the Service, which is an analogue of the Parties’ handwritten signatures.

1.25. Freedom Pay — the Company’s partner that ensures the possibility of non‑cash transfer of funds by Users of the site https://livin.kz to LLP “Birdhouse” / the Company.

1. General Provisions
1.1. The Company provides the Platform and does not own, create, sell, resell, control, offer, provide or ensure any Listings or Owner Services, and does not manage them. Owners are solely responsible for their Listings and Services. By accepting or creating a booking, Users enter into contractual relations directly with each other. The Company is not a party or other participant in any contractual relations between Users, nor is it a real estate agent or insurer. The Company does not act as an agent of Users, except as provided in the Payment Services Terms.

1.2. The Company does not control or guarantee (i) the existence, quality, safety, suitability or legality of any Listings or Owner Services; (ii) the truthfulness or accuracy of descriptions, Ratings, Reviews of the Property or other User Content; or (iii) the actions or behavior of Users or third parties. Any indication that a User is “verified” means only that the User has completed the relevant verification or check. Such indications are not a recommendation or guarantee of the Company regarding any User, including the accuracy of information or the absence of offenses, reliability, safety or compliance. Verified images are for visual representation of the property at the time of shooting and are not a recommendation by the Company of any Owner or Listing.

1.3. The Owner’s relationship with the Company is limited to independent contractors. The Owner is not an employee, agent, joint venturer or partner of the Company and acts solely on his/her own behalf and in his/her own interest. The Company does not direct or control activities under this Agreement, including when you provide Owner Services. By registering on the Platform, the Owner confirms that he/she offers Owner Services and engages in other business or employment at his/her own initiative.

1.4. To promote the Company Platform and increase Listing views by potential Tenants, Listings and other User Content may be displayed on other sites, in apps, emails, and in online and offline ads. Listings and User Content may be translated into foreign languages. The Company cannot guarantee the accuracy or quality of such translations, and Users are responsible for reviewing and checking them.

1.5. The Company Platform may contain links to third‑party sites and resources (“Third‑Party Services”). Use of Third‑Party Services may be governed by other rules and terms, including privacy terms. The Company is not responsible for the availability or accuracy of Third‑Party Services, or their content, products or services. The presence of links does not imply any guarantees regarding Third‑Party Services by the Company.

1.6. Due to the features of the Internet, the Company cannot guarantee constant and uninterrupted availability of the Company Platform. The Company may limit availability of the Platform, its sections or functions, if necessary to maintain server capacity, security or integrity, and to perform technical measures to ensure proper or improved functioning. The Company may improve, expand and modify the Platform and introduce new Company Services.

1.7. By starting to use the Site’s services in any form and scope, the User: (1) confirms full familiarity with the User Agreement and the Privacy Policy; (2) expresses full and unconditional consent to the terms without any reservations; (3) undertakes to comply with the User Agreement and is liable for failure to comply; (4) agrees that the User Agreement may be changed by the Company without any notice, and undertakes to independently monitor such changes. The new version takes effect upon posting on the Site; (5) recognizes legal force for documents sent via the Platform as for handwritten documents, and for actions performed via the Platform; (6) recognizes that identifiers specified in the User Agreement are sufficient to establish the person from whom documents and actions originate; (7) recognizes that the Software is sufficient to ensure proper functioning for receiving, transmitting, processing and storing information, including Personal Data, and to protect information from unauthorized access, confirm authenticity and authorship of electronic documents, and resolve conflicts. The User trusts the Software; (8) agrees that the Company provides no express or implied warranties that the Software (incl. the Site) will meet the User’s requirements or expectations or goals. The User uses the Software “as is”. The Company accepts no responsibility for any mismatch with the User’s expectations.

1.8. If you disagree with these terms, you must immediately stop using the Site’s services.

1.9. The Site is a platform allowing the Owner, at his/her own responsibility, to post Listings with offers containing all essential terms evidencing the will to conclude a Lease Agreement on the terms stated with anyone who responds, and the Tenant to accept and, at his/her discretion and responsibility, book the relevant Property with the Owner and, if desired, conclude a lease.

2. Compliance Checks, Use of the Company Platform, User Verification
2.1. Owners are solely responsible for learning, understanding and complying with all laws, rules and regulations applicable to their Listings and Services. Under the laws of the Republic of Kazakhstan, to obtain income from entrepreneurial activity, the Owner must have the status of an individual entrepreneur or legal entity. Owners are responsible for compliance with migration law. Owners are solely responsible for collecting necessary information and obtaining all licenses, permits or registrations necessary to provide Services.

2.2. The Company may condition access to certain sections and features of the Company Platform and their use on certain requirements, for example requiring verification or meeting certain criteria, achieving certain Ratings or Reviews, and booking and cancellation history parameters of the User.

2.3. To ensure transparency of operations and prevent fraud, the Company may, within applicable law: (i) ask Users to provide official identity documents or other information, and conduct additional checks to identify identity or determine Users’ reputation; (ii) check Users against third‑party databases and other sources; and request reports from service providers.

2.4. Access to or use of certain sections and functions may be governed by separate rules, standards and guidelines or may require acceptance of additional terms before you can access or use them. If not indicated otherwise, in case of conflict, the terms applicable to specific sections or functions prevail for their use.

2.5. The Company reserves the right to amend these Terms at any time. If amended, the updated Terms are published on the Company Platform indicating the date of last update at the top of the first page.

2.6. In addition to this Agreement, the Company applies other Terms (Services for Owners and Tenants) and Rules posted on the Site. In particular, the Privacy Policy governs the collection and use of personal data by the Company, and the Terms govern services provided to Users by the Company.

3. Account Registration
3.1. To use the Company Platform’s features, including to publish a Listing or book a Property, you must register an account (“Company Account”). If registering a Company Account on behalf of an organization, company or other legal entity, you warrant that you are authorized to bind such entity and provide all permissions and licenses provided for by these Terms.

3.2. A User authorized under this Agreement must complete the registration of a Personal Account on the Company Platform by filling in required information.

3.3. To register on the Platform, the User provides required information about himself/herself, including personal data, including but not limited to: surname, name, patronymic (if present in the identity document); mobile number registered to the User (the User is responsible for providing inaccurate information); e‑mail address.

3.4. The User also submits via the Platform the following documents (without glare, all data clearly legible): photos of identity document or passport (with photo, issue date and validity period, front and back).

3.4.1. The Company may request additional documents to confirm the User’s identity and ownership of the residence.

3.5. By registering in the Service, the User warrants that: the information provided is truthful, accurate, complete and current; the User has all necessary rights to transfer data to the Company, i.e., has sufficient legal capacity to consent to processing of personal data and has obtained all necessary consents of third parties if the information provided contains personal data of third parties; the User has all rights to uploaded materials and understands such materials may be publicly available; the User agrees to the data processing terms specified in this Agreement.

3.6. By registering, the User consents to the processing by the Company of the personal information provided (including personal data) under the Privacy Policy.

3.7. The Company uses the received data, including to: contact Users regarding the account, clarify data, and to inform during further use of the Service and provision of Services; place data (concerning the Property and rental terms) as part of a publicly available Listing on the Platform; complete documents and agreements concluded by Users using the Platform; display User data in the User’s Personal Account; verify the accuracy of the data and the User’s reliability; and for other purposes directly related to use of the Platform, providing assistance in concluding a lease of the Property and providing Services.

3.8. When creating an account, the User agrees that the Company may process data to verify data accuracy and User reliability under the Privacy Policy. In particular, the Company may: obtain additional information about the User/Property using open sources and public registers; engage third parties to verify data using sources and registers available to them.

3.9. The Company has the right to transfer the User’s personal information to third parties if this is necessary for the purposes of using the Service, assisting in concluding a lease of the Property and/or providing Services. In particular, data may be transferred to other Users—potential Tenants or Owners of a Property—to evaluate possibilities for concluding a lease agreement.

3.10. To use the Services on the Site, the User authorizes via e‑mail address, mobile phone number, Apple ID or Google account. The User then completes authorization on the Site by accepting: “By clicking ‘Continue’, I agree to the User Agreement and the Privacy Policy.” The condition for granting access to functionality for posting Content and/or Information on the Site is the conclusion of an agreement by sending a short text message containing a password entered on the Site or in another manner, as established by clause 5‑1 of Article 36 of the RK Law “On Informatization.”

3.11. The User may not register more than one (1) Account without the Company’s permission, and may not assign or otherwise transfer his/her Company Account to third parties.

3.12. The User is responsible for maintaining confidentiality and security of Company Account credentials and may not disclose credentials to third parties. The User must immediately notify the Company if he/she becomes aware of, or has reason to believe, that credentials are lost, stolen, misappropriated or otherwise compromised, as well as in case of unauthorized use of the Company Account or suspicion of such use. The User is responsible for all actions performed through the Company Account, except where actions were not performed by the User and are not the result of his/her negligence.

4. Content
4.1. The Company may, at its discretion, provide Users the ability to (i) create, upload, send, receive and store content, namely texts, photos, audio, video and other materials or information on or through the Company Platform (“User Content”); (ii) view User Content and any content that the Company itself places on or through the Company Platform, including Company Content and content provided to the Company under license or permitted for use by a third party (“Company Content”).

4.2. The Company Platform, Company Content and User Content may be protected in whole or in part by copyright, trademarks and/or other RK laws. You agree that the Company Platform and Company Content, including all associated intellectual property rights, belong exclusively to the Company and/or its licensors or third‑party owners. You may not remove, modify or obscure copyright, trademark, service mark or other proprietary notices that form part of the Company Platform, Company Content or User Content. All Company trademarks, service marks, logos, trade names and other protected designations used on the Company Platform, in Company Content or associated therewith are trademarks or registered trademarks in the Republic of Kazakhstan. Trademarks, service marks, logos, trade names and any other protected designations of third parties used on the Company Platform, in Company Content or associated therewith are used for identification purposes only and may be the property of their respective owners.

4.3. You may not copy, adapt, modify, distribute, sell, assign, publicly display, publicly perform, broadcast, transmit or otherwise use the Company Platform or Collective Content, nor create derivative works or grant licenses thereto, except as expressly provided in these Terms or if you are the lawful owner of specific User Content. No licenses or rights are granted to you by implication or otherwise under intellectual property rights owned or controlled by the Company or its licensors, except as specifically provided herein.

4.4. Subject to your compliance with these Terms, the Company grants you a limited, non‑exclusive, non‑sublicensable, revocable and non‑transferable license (i) to download and use the Application on your personal devices; (ii) to access and view any content made available on or through the Company Platform to which you have access — solely for your personal, non‑commercial use.

4.5. By creating, uploading, posting, sending, receiving, storing or otherwise making any User Content available on or through the Company Platform, you grant the Company a non‑exclusive, worldwide, royalty‑free, perpetual (or for the term of protection) and irrevocable license with the right to sublicense to view, store, copy, adapt, modify, distribute, publish, broadcast, transmit and use such User Content in any way to promote the Company Platform on any media and platforms, and to create derivative works based on it. To the extent that User Content (including Verified Photos) includes personal information, such User Content will be used for these purposes only if such use is consistent with applicable data protection laws and our Privacy Policy. Unless otherwise permitted by you, the Company does not claim ownership of User Content, and nothing herein shall be construed as limiting any of your rights to use your User Content.

4.6. The Company may offer Owners professional photography of their Services so that Owners can add photos received from a photographer to Listings with the label “Verified photo by Company.com” or similar (“Verified Images”) or without such labels. You are solely responsible for the accurate depiction of your Services in Verified Images and agree to stop using Verified Images on or through the Company Platform if they no longer reflect the actual condition of the Property in the Listing, if you have ceased to provide the depicted Services, or if your Account has been deleted or suspended. You agree that the Company has the right to use any Verified Images for advertising, marketing and/or other commercial purposes, on any media and platforms, both in connection with your Listing and in other contexts, without additional notice or compensation. If the Company is not the exclusive owner of Verified Images, then by using such Verified Images on or through the Company Platform, you grant the Company a non‑exclusive, worldwide, royalty‑free, perpetual (or for the term of protection) and irrevocable license with the right to transfer to third parties to use such Verified Images for advertising, marketing and/or other commercial purposes, on any media and platforms, both in connection with your Listing and in other contexts, without additional notice or compensation. The Company in turn grants you a limited, non‑exclusive, non‑transferable license with the right of revocation and without the right to transfer to use Verified Images outside the Company Platform solely for your personal and non‑commercial use.

4.7. You are solely responsible for all User Content that you post on or through the Company Platform. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all User Content you post on or through the Company Platform, or you have all rights, licenses, consents and permissions necessary to grant the Company the rights to such User Content as provided herein; (ii) neither the User Content itself, nor its posting, uploading, publication, provision or transmission, nor the use of the User Content or any part thereof by the Company as contemplated herein, infringes the patent or copyright rights of third parties, trademark rights, trade secrets, moral or other property or intellectual property rights, as well as rights of publicity or privacy, and does not violate any applicable law or rule.

4.8. You agree not to post, upload, publish or transmit User Content that: (i) is fabricated, false, misleading (explicitly or by providing incomplete or outdated information) or deceptive; (ii) is defamatory, degrading, offensive, pornographic or obscene; (iii) promotes discrimination, intolerance, racism, hatred, aggression or harm to any person or group; (iv) promotes violence or cruelty, contains threats or encourages violence against any person or animal; (v) advertises illegal or harmful activities or substances; (vi) violates Company rules. The Company may remove any User Content or terminate access to any User Content without prior notice if, in the Company’s opinion, it violates applicable law, these Terms, or may otherwise cause harm to the Company, its Users, third parties or property.

4.9. The Company complies with copyright law and expects the same from its Users. If you believe that any content on the Company Platform infringes your copyright, notify us in accordance with the Intellectual Property Policy.

5. Payout terms for Owners.
5.1. When owning accommodation for rent: the payout is calculated as the price per night plus any fees set by the Owner (e.g., for cleaning, additional guests, etc.) minus the Livin service fee.

5.2. The Livin service fee is a percentage of the total booking cost and is automatically withheld from your earnings. In addition to the cost of accommodation, a guest may also be charged a Livin service fee. Therefore, the total amount paid by the guest exceeds your payout. Payout information can be viewed in the transaction history section.

5.3. The payout may differ from the price you set. You, as the owner, set the price for the accommodation. Payout may be affected by factors such as:

● Special offers: holiday or specific date pricing.
● Long‑term discounts: for a week or a month.
● Long‑term booking: the guest is charged and you are paid monthly.
● Earnings for a co‑host: in profit sharing.
● Changes in payment terms or minimum payout amount.
● VAT: may be added to the Livin service fee.
● Payment processing fees: your bank or financial partner may charge additional fees.
● Expedited payout fee: applied to each payout operation.
● Currency conversion: if listing and payout currencies differ, a conversion fee is charged. To avoid this, adjust currency in pricing settings.
● Adjustments: in case of refunds to guests or booking cancellations.
● Owner discount coupons: applied if the guest used your coupon.

6. Payout timing for Owners.
6.1. After a transaction is successfully completed, Livin will initiate a payout approximately 24 hours after guest check‑in. Receipt time depends on the payout method selected by the owner. For monthly rentals, the first period payout is made about 24 hours after the guest’s arrival. Subsequent payouts are monthly.

6.2. Average processing times
Once Livin initiates the payment, it is sent for processing and then credited to the owner’s account. For this reason, payouts may be delayed for some time.
● Fast payout: 3 hours or less.
● Bank account: 3 to 5 business days.
● PayPal: within 1 business day.

6.3. How to set up payouts
To receive funds, the owner must make sure at least one payout method is added. The owner can track the status of all transactions in the transaction history section. If the owner has multiple listings and guests arrive on the same day, payouts may be combined. If the owner has set a minimum payout threshold, funds will be sent only after it is reached.

6.4. Delays on weekends and holidays
Banks usually do not process transactions on weekends and holidays. In this case, the payout will be processed on the next business day. Fast payouts and Payoneer transfers are executed even on holidays and weekends.

6.5. Timing and checks
Livin may conduct a review before any transaction to prevent fraud. This may cause a delay or even suspension of the payout. In rare cases the payout may be canceled. Livin has the right to limit your account with respect to sending funds. Livin may also request additional data to verify your identity. Such checks are common practice for companies like Livin and help prevent fraud and comply with regulatory requirements.

6.6. Possible fees
Sometimes banks or payment systems may charge additional fees for payouts. We recommend checking in advance to understand the net amount you will receive.

7. Livin service fee
7.1. The Company may charge fees to Owners (“Owner Fees”) and/or to Tenants (“Tenant Fees”; together, “Service Fees”) for using the Platform. The Service Fee is automatically shown to Owners when creating a listing, and to Tenants when booking a rental object. Additionally, information on when it applies and how it is calculated is provided on the Livin Service Fee information page.

8. Recurring payments (rental service payment)
8.1. Rent payments are made by the User on the Site. The accommodation rental service is deemed fully provided to the User from the moment the User is granted access to the Service.

8.2. When booking the service, the User instructs the site to charge the monthly rent amount (for long‑term rental), determined by the User when concluding the long‑term lease agreement, and to collect the Site’s fee applicable on the payment day, until the User opts out of extending the rental term at least one month before actual move‑out.

8.3. The User understands and agrees that the accommodation rental service by default is arranged for the specified rental term.

8.4. Rent payments are made from the Linked Card. The User’s refusal to pay for the respective rental service constitutes refusal of the accommodation services. In such a case the User’s access to the accommodation is terminated. If there are insufficient funds on the Linked Card(s) to pay for accommodation services, the Site may terminate access from the start date of the unpaid service or maintain access to extended Site features until payment is collected from the Linked Card.

8.5. By accepting these Terms, the User authorizes the Site, on the User’s behalf, to create instructions to debit funds from the User’s account (to which the Linked Card is attached) in favor of the Site for the accommodation service, and to send such instructions to the User’s issuing bank through the acquiring bank.

8.6. The User consents to automatic periodic debiting of funds from his/her account to pay for accommodation services based on his/her instruction given as provided in this clause, and acknowledges that debit instructions sent in accordance with this clause are instructions from the User, and the actions of the processing center and acquiring bank to debit funds are performed with the User’s consent.

8.7. Debiting of funds begins automatically upon compliance with the following conditions:
— the User has entered all necessary Linked Card details;
— the auto‑debit service from the Linked Card is activated in the following way: automatically upon making the first payment;
— clicking the “Book” button (or another button with similar functionality), which confirms the User’s consent to these Terms.

9. Cancellation of accommodation services
9.1. The User has the right to refuse services in the manner and on the terms provided by the Law of RK “On Protection of Consumer Rights.”
9.2. The User may not refuse services that have been properly performed (provided).
9.3. The User has the right to cancel Site services at any time via the Personal Account on the Site.
9.4. If this Offer Agreement is terminated, unused funds are returned by the Service to the User within 10 (ten) business days after the Service receives the User’s application.
9.5. Refunds are made to the client’s card that was used for payment.

10. Special terms for Owners
10.1. Terms applicable to all Listings
10.1.1. When creating a Listing via the Company Platform you must (i) provide complete and accurate information about the Services (including description of the Property, its location and available dates), and (iii) provide any other relevant information upon the Company’s request. You are responsible for keeping the information in your Listing up to date (including availability).

10.1.2. You are solely responsible for setting the rental price (including all applicable Taxes or additional charges, e.g., cleaning fees) in the Listing (“Listing Rate”). After a Tenant submits a booking request for your Listing, you may not require the Tenant to pay more than indicated in the booking request.

10.1.3. All terms stated in the Listing (including cancellation terms) must not contradict these Terms or the relevant cancellation rules and other rules posted on https://livin.kz applicable to the Listing.

10.1.4. Photos, animated images or videos (“Images”) used in your Listing must accurately reflect the quality and condition of your Services. The Company reserves the right to set minimum requirements for the number of Images of a particular format, size and resolution in a Listing.

10.1.5. The placement and position of Listings in search results on the Company Platform may change and depend on many factors, including search parameters and Tenant preferences, Owner requirements, price and calendar availability, number and quality of Images, customer interaction history and cancellations, Reviews and Ratings, type of Owner Services and/or booking ease.

10.1.6. By accepting or pre‑approving a Tenant’s booking request, you agree to provide your Services in accordance with the description in the Listing at the time the booking request was sent.

10.1.7. The Company recommends that Owners adequately insure their Services.

10.2. Property Listings
10.2.1. Only one Property may be indicated in a single Listing unless expressly permitted otherwise by the Company.

10.2.2. In addition to personal information, the Owner provides information on the material characteristics of the Property, photos of the Property, and the desired rental terms (daily and/or monthly payment, lease term, Tenant requirements, etc.).

10.2.3. The data specified by the Owner in the account may be clarified during follow‑up via the Service.

10.2.4. To set a security deposit for property preservation in your Property, indicate this in your Listing (“Security Deposit”). Note: the Company does not recommend requiring a deposit from the Tenant, but this is the Owner’s right. Where a deposit is made outside the Platform, the Company does not guarantee and is not responsible for the return of the deposit. Owners may not require a Security Deposit (i) after a booking is confirmed.

10.2.5. You warrant that posting a Listing, the Tenant’s booking of the Property and the Tenant’s presence in the Property (i) do not violate agreements with third parties (e.g., homeowners’ associations, etc.) and (ii) comply with applicable law, tax requirements and other rules and regulations (including the need to have all required permits, licenses and registrations). You are responsible for your own acts and omissions, as well as for those of anyone residing or otherwise present at the Property at your request or invitation, excluding the Tenant and persons invited by the Tenant.

11. Special terms for Tenants
11.1. Terms applicable to all bookings
11.1.1. A Tenant wishing to book accommodation with a Service User regarding a selected Property registers an account in accordance with this User Agreement. The Tenant may be asked for information regarding the housing search, purposes of concluding a long‑term lease, household composition, personal information, etc. Data provided by the Tenant may be clarified by the Service. Tenant information is saved in the Personal Account. The Tenant can make changes by editing it in the Personal Account.

11.1.2. By using the booking procedure, the Tenant can book a Property listed on the Company Platform, subject to all requirements set by the Company and/or the Owner. All applicable fees, including the Listing Rate, Security Deposit (if any), Tenant Fee and all applicable Taxes (collectively, the “Total Price”) will be disclosed to the Tenant before booking the Property. The Tenant agrees to pay the Total Price for any bookings made using the Company Account.

11.1.3. Upon receipt of booking confirmation from the Company, the Tenant and Owner enter into legally binding contractual relations, which may be governed by additional Owner terms, including applicable cancellation rules, as well as rules and restrictions stated in the Listing. Payment systems charge the Total Price at the time of the booking request or after the booking is confirmed by the Owner. In some cases Tenants will be required or able to pay in multiple installments.

11.1.4. If you book accommodation on behalf of other Tenants, you must ensure all additional Tenants meet the Owner’s requirements, familiarize them with these Terms, rules, requirements and restrictions of the Owner, and obtain their consent. If you book for a minor Tenant, you warrant that you have legal authority to act on behalf of that minor Tenant. Minors may use other Services only when accompanied by an adult responsible for them.

11.2. Booking a Property
11.2.1. A confirmed booking of a Property (“Property Booking”) is a limited permission granted by the Owner to enter, stay in and use the Property for the duration of your stay. During this period the Owner retains the right to visit the Property within the requirements of applicable law and by agreement with you, if permitted by law.

11.2.2. The Service allows finding Listings by criteria such as district, check‑in dates and number of Tenants using filters for more precise search. Results are determined based on relevance to the query and other criteria. Factors include price, availability, Reviews, customer interaction history and cancellations, popularity, past stays and saved Listings, Owner requirements (e.g., minimum/maximum nights) and others.

11.2.3. By booking a Listing, the Tenant agrees to pay all relevant fees, including the cost of the Property, in particular the Service Fee at checkout. The Tenant also agrees that the Company may require damage compensation upon cancellation in accordance with the requirements. After booking confirmation, obligations arise between the Tenant and Owner according to the User Agreement. Additionally, the Tenant and Owner may conclude a lease if desired. In addition to these Terms, the Tenant must comply with all booking terms, including cancellation rules and other rules, standards, policies and requirements stated in the Listing or at payment, which apply to the Booking. The Tenant is responsible for reviewing these before booking.

11.2.4. Booking grants temporary rights to enter, stay in and use the Property. If the Tenant remains past the agreed checkout time, the Owner may require the Tenant to leave in accordance with law, including by imposing an overstay fee. Exceeding the maximum number of occupants is prohibited.

11.2.5. The Tenant is responsible for his/her own acts and omissions and those of anyone invited and given access to the Property. This includes: (i) leaving the Property (and personal items therein) in the same condition as on arrival; (ii) paying all reasonable amounts in a Damage Claim necessary to cover damage you, your Tenants or your pets caused to the Property; (iii) acting in good faith, treating others with respect and complying with applicable law.

11.2.6. The Tenant must vacate the Property no later than the checkout time indicated by the Owner in the Listing or otherwise agreed with the Owner. If the Tenant remains past the agreed checkout time without the Owner’s consent (“Overstay”), the Tenant loses permission to stay in the Property, and the Owner may require you to leave by any means permitted by law. In addition, at the Owner’s request you agree to pay for each day of overstay at the Listing Rates. If no future bookings are impacted, Overstay Fees may be limited to the Owner’s actual costs incurred due to the Overstay.

12. Booking terms, changes, cancellation and refund
12.1. The Company provides Owners the right to use the Site Services to share their Property, provide Services and earn income. Create a Listing and set your price, available check‑in dates and rules.

12.2. By accepting a booking request or receiving booking confirmation through the Site Services, the Owner concludes a lease directly with the Tenant and agrees to provide the Property in accordance with the terms and price indicated in the Listing. All conditions, rules and provisions included in the agreement with the Tenant must: (i) comply with this User Agreement, Company rules and the information contained in the Listing; and (ii) be clearly indicated in the Listing description.

12.3. In relations with the Company, the Owner acts as an independent person. In this case, the Owner is not an employee, agent, joint venturer or partner of the Company, except that the Company acts as a payment collection agent in accordance with the Terms of Facilitation in providing property for use. The Company does not influence or manage the Owner’s Service. The Owner acknowledges that he/she offers Services on his/her own initiative and determines time, place, price and conditions independently.

12.4. The Site Services provide tools for convenient Listing setup and management. A Listing must contain complete and accurate information about the Property, its price, and other fees, including an additional cleaning fee, as well as rules and requirements applicable to the Tenant or Property. The Owner is responsible for keeping data (including availability) and content (e.g., photos) up to date. Only one Listing per Property is allowed, but multiple Listings may exist at one address if multiple Property options are offered.

12.5. The Owner must understand and comply with all laws, rules, regulations and third‑party agreements regarding the Property, including paying taxes and necessary payments related to rental income. For example, some leases restrict or prohibit subletting, short‑term or long‑term rental. Regarding mandatory registration of a Tenant staying in the Property, the Owner must determine obligations independently.

12.6. Tenants may cancel a confirmed booking within the timeframes set in the Listing by the Owner in accordance with the Cancellation Rules; refunds will be made. In the absence of valid reasons, all amounts payable to the Owner under the applicable cancellation rules will be transferred to the Owner.

12.7. If a Tenant cancels a Booking, the Owner’s payout is usually determined according to the applicable cancellation rules. Owners may not cancel Tenant bookings without a valid reason under the extenuating circumstances rules. Otherwise, the Company may charge a cancellation fee and apply other penalties. If: (i) the Tenant faced a Problem (as defined in the Guest Refund Policy), (ii) there were extenuating circumstances, or (iii) the booking was cancelled due to termination of contractual relations, the Owner will receive a payout less the amount the Company returns or otherwise transfers to the Tenant and other reasonable expenses resulting from the cancellation. If the Tenant received a refund after the Owner’s payout or if the refund amount and other Company expenses exceed the Owner’s payout, the Company may recover this amount, including from future payouts. The Guest Refund Policy, the Extenuating Circumstances Policy and this User Agreement take precedence over Owner cancellation rules. If the Company reasonably expects to refund the Tenant, it may delay the payout for that Booking until a refund decision is made.

12.8. Owners and Tenants are responsible for any changes made to a booking directly through the Company Platform or with the help of Company support (“Booking Changes”), and agree to pay any additional fees related to such Booking Changes, including the Listing Rate, Owner Fees or Tenant Fees.

12.9. If a confirmed booking is cancelled by the Owner, the Tenant will receive a full refund of the Total Price. The Company may allow the Tenant to apply the refund to a new booking. The Company may also publish an automatic review in the Owner’s Listing stating that the Owner cancelled the booking. In addition, if the Owner had no valid reason to cancel under the Extenuating Circumstances Policy or justified concerns caused by Tenant behavior, the Company may (i) make the Listing calendar unavailable or blocked for the dates of the cancelled booking and/or (ii) impose a cancellation penalty.

12.10. Upon cancellation of a Booking, the Tenant’s refund is usually determined according to the cancellation rules stated in the Listing. In certain situations it may depend on other rules with priority. If the Tenant cancels due to circumstances beyond his/her control, he/she may receive a partial or full refund under the Extenuating Circumstances Policy. If the Owner cancelled or the Tenant encountered a Problem (as defined in the Guest Refund Policy), the Tenant may seek rebooking assistance or a partial/full refund under the policy.

12.11. Under certain circumstances, the Company may, at its discretion, cancel a pending or confirmed booking and initiate a refund or payout. Such a decision may be made if the Company has grounds to believe this will prevent significant harm to the Company, other Users, third parties or property, considering the lawful interests of both parties, or for any reasons set out in these Terms.

12.12. If a Tenant has a claim under the Guest Refund Policy, the Company may, at its discretion, refund the Tenant the Total Price in whole or in part in accordance with the policy.

12.13. If a Tenant or the Company cancels a confirmed booking, funds are returned to the Tenant under the Guest Refund Policy or other Owner cancellation rules mentioned in the Listing, after the Owner has already been paid; in this case the Company has the right to recover the refund amount from the Owner, including by deducting it from future payouts.

12.14. Users may use the Company’s services to send or request refunds, additional Owner Services or Damage Claims related to a booking, unless otherwise specified in these Terms.

13. Ratings and Reviews
13.1. The Site has sections where feedback can be left and text information, photos, audio, video, data and other materials published (“Content”). Within a certain time after booking completion, Tenants and Owners may leave a public review (“Review”) and assign a rating (“Rating”) to each other. Ratings and Reviews reflect Users’ subjective opinions and do not reflect the Company’s opinion. The Company does not verify Reviews and Ratings, which may be incorrect or misleading.

13.2. Ratings and Reviews must be truthful and must not contain offensive or defamatory statements.

13.3. Users are prohibited from interfering with the Ratings and Reviews system, including asking third parties to write a positive or negative Review of another User. Ratings and Reviews are part of the User’s public profile and may appear elsewhere on the Company Platform (e.g., on a Listing page) along with other relevant information, including the number of bookings and cancellations, average response time and other data.

14. Damage to the Property, disputes between Users
14.1. The Tenant undertakes to leave the Property (including all personal or other property located in the Property) in the same condition as on arrival. The Tenant is responsible for his/her own acts and omissions and those of persons invited and given access to the Property, excluding the Owner and any persons invited by the Owner to the Property.

14.2. If the Owner claims that the Tenant caused damage to the Property and/or personal or other property in the Property (“Damage Claim”) and provides relevant evidence, the Owner may recover the amount of damage from the Tenant. If the Owner submits a Damage Claim to the Company, the Tenant will be given the opportunity to respond. If the Tenant agrees to compensate the Owner or the Company, at its discretion, decides that the Tenant is responsible under the Damage Claim, the Company, after the stay and in accordance with the Payment Services Terms, will charge the Tenant and/or deduct from the Security Deposit (if any) the amount necessary to cover the Damage Claim, or charge the Tenant’s card for the amount of damage. The Company also has the right to charge the Tenant and use all legal instruments in connection with the Damage Claim.

14.3. Users agree to cooperate in good faith with the Company, provide information and perform actions reasonably requested by the Company in connection with Damage Claims, other complaints or claims of Users regarding the Property or personal/other property therein, including in connection with claims submitted by Owners. Upon reasonable request by the Company, the User agrees to participate free of charge in mediation or similar dispute resolution procedures with other Users conducted by the Company or a third party chosen by the Company or its insurer, regarding losses for which the User seeks compensation from the Company (including disputes over payouts under Company compensation for Owners).

14.4. The Tenant agrees to cooperate in good faith with the Company and provide information reasonably requested by the Company in connection with a Damage Claim, including executing documents and taking other actions upon the Company’s request to achieve this purpose.

15. Prohibited activities
15.1. You are solely responsible for complying with all laws, rules, regulations and tax obligations that may apply or arise in connection with your use of the Company Platform. Using the Company Platform, you undertake not to yourself, nor to help or allow others to, do the following:
- violate applicable laws or rules, agreements with third parties, third‑party rights, these Terms, other Terms and Rules, or evade compliance;
- use the Company Platform for any commercial or other purposes not expressly provided for by these Terms, or in ways that improperly imply endorsement or partnership with the Company or otherwise mislead about your connection with the Company;
- copy, store or otherwise use information, including personal identification data of other Users, contained on the Company Platform in ways inconsistent with the Company’s Privacy Policy or these Terms, or otherwise violating the privacy rights of Users or third parties;
- use the Company Platform to distribute unsolicited advertising messages (spam);
- as an Owner, offer via the Company Platform a Property that does not belong to you or that you have no right to rent;
- without the Company’s express permission, book any Listing without the intention of personally using Owner Services;
- without our written consent, contact other Users for purposes other than matters related to your own booking, Listing or another User’s use of the Company Platform, including to offer Users third‑party services, apps or sites;
- use the Company Platform to request, make or accept bookings outside the Company Platform without paying the Service Fee;
- request, accept or make payment of the Listing Rate outside the Company Platform or without the Company’s involvement. By doing so, you: (i) violate these Terms; (ii) assume all risks and responsibility for such payments; and (iii) release the Company from any liability for such payments;
- discriminate or harass based on race, national origin, religion, gender, gender identity, physical or mental ability, medical condition, family status, age or sexual orientation, or engage in other aggressive, harmful, offensive or dangerous actions;
- misuse or abuse Listings;
- without the Company’s written consent, use, display, mirror or frame the Company Platform or Collective Content, any elements of the Company Platform, the Company name, trademarks, logo or other proprietary information, or the layout or design of pages or forms on the Company Platform;
- blur or tarnish the Company brand or otherwise harm it, including unauthorized use of Collective Content, registering and/or using in domain names, trade names, trademarks or other identifiers the Company name or confusingly similar derivatives, or imitating them;
- use robots, crawlers, bots and other automated means or processes to collect data or other content, or to access or perform other actions on the Company Platform for any purpose;
- avoid, remove, deactivate, damage, decipher or otherwise circumvent any technical measures used by the Company, the Company’s providers or other third parties to ensure the security of the Company Platform;
- attempt to decipher, decompile, disassemble the software used to provide the Company Platform, and attempt to reveal its technology;
- take any action that damages or negatively affects, or may damage or negatively affect, the performance or proper functioning of the Company Platform;
- export, re‑export, import or transfer the Application in violation of the laws of the Republic of Kazakhstan;
- violate someone’s rights or otherwise cause harm.

15.2. You acknowledge that the Company is not obligated to monitor access to or use of the Company Platform by Users, to check or edit any User Content or to terminate access thereto, but has the right to do so (i) to ensure operation, security and improvement of the Company Platform (including to prevent fraud, risk assessment, investigations and customer support); (ii) to ensure Users comply with these Terms; (iii) to comply with legal requirements, court decisions or orders, instructions of law enforcement, administrative or state bodies; (iv) to respond to User Content deemed dangerous or contentious by the Company; (v) for other purposes provided in these Terms. Users agree to cooperate in good faith with the Company, provide any information and take any actions reasonably requested by the Company in investigations conducted by the Company or its representative related to use or violation of rules for using the Company Platform.

15.3. If a User you interact with in person or online behaves inappropriately, including (i) displaying offensive, rude or sexually inappropriate behavior, (ii) suspected of stealing from you, or (iii) displaying other concerning behavior, you should immediately report this to the competent authorities and then notify the Company. You agree that your notification does not obligate us to take any actions beyond those required by law (if any).

16. Term, termination and suspension; other measures
16.1. You may terminate this User Agreement at any time by deleting your account. The Company may terminate this Agreement and delete the User’s personal account for any reason by giving 30 calendar days’ notice by e‑mail or using other contact details provided upon account registration. The Company may also immediately and without prior notice terminate this Agreement and suspend access to the Site Services if you have violated this User Agreement, the Privacy Policy, the Terms, the Rules or applicable law, or if the Company reasonably believes termination is necessary to protect the Company, Users or third parties. If a personal account is inactive for more than two years, the Company may cancel it without prior notice.

16.2. You may terminate this Agreement at any time by notifying us by e‑mail. If you delete your Owner Account, all confirmed bookings will be automatically cancelled and your Tenants will receive a full refund. If you delete your Tenant Account, all confirmed bookings will be automatically cancelled and refunds will be made in accordance with the cancellation rules stated in the Listing.

16.3. The Company may, at its discretion, terminate this Agreement at any time by giving you 30 (thirty) days’ notice by e‑mail, without limiting the Company’s rights below.

16.4. The Company may immediately and without prior notice terminate this Agreement and/or prohibit access to the Company Platform in the following cases:
(i) you have committed a material breach of your obligations under these Terms, the Payment Services Terms, or our other Terms and Rules or Community Standards; (ii) you have violated applicable laws, regulations or third‑party rights; (iii) the Company has grounds to believe such action is reasonably necessary to protect the interests of other Users, the Company or third parties (e.g., in case of attempted fraud).

16.5. In addition, the Company may take any of the following measures: (i) to comply with legal requirements, court decisions or orders, instructions of law enforcement, administrative or state bodies; (ii) if you have violated these Terms, the Payment Services Terms, our other Terms and Rules, applicable laws, regulations or third‑party rights; (iii) if you provided false, distorted, outdated or incomplete information when registering your Account, posting a Listing or afterward; (iv) if you and/or your Listings or Owner Services no longer meet current quality or suitability criteria; (v) if you have repeatedly received poor Ratings or Reviews, the Company has received complaints about your behavior or services, or has information about this; (vi) if you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without valid reason; (vii) if the Company has grounds to believe such action is necessary for personal safety or security of property of the Company, its Users or third parties or to prevent fraud or other illegal activity: refuse to publish or remove Listings, Ratings, Reviews or other User Content or delay publication; cancel all pending or confirmed bookings; limit access to or use of the Company Platform; temporarily block or permanently disable your Account; temporarily, or in case of serious or repeated violations permanently, terminate your Account and prohibit access to the Company Platform. If violations are not material, you will receive a notice of planned measures with a proposal to remedy the cause in accordance with the Company’s requirements.

16.6. If any of the above measures are applied to you, then (i) we may decide to refund Tenants for all confirmed and subsequently cancelled bookings regardless of cancellation rules, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

16.7. Upon termination of this Agreement you are not entitled to restore your Company Account or User Content. If your access to the Company Platform is limited, your Account suspended, or this Agreement terminated at our initiative, you are not entitled to register a new Account, attempt to access the Company Platform or use it through another User’s Account.

17. Waiver of rights and claims
17.1. You use the Company Platform and content voluntarily and at your own risk. The Company Platform and content are provided “as is”, without any express or implied warranties.

17.2. You confirm that you had all necessary opportunities and means to study the Company’s Services, laws, rules and regulations that may apply to your Listings and/or Owner Services. You also confirm that you do not rely on any statements of the Company regarding legal or other issues related to any Listing.

17.3. Any identity or background checks performed by us to the extent permitted by law do not provide any express or implied warranties that all past offenses committed by Users will be identified or that future offenses will be excluded.

17.4. You agree that some additional Owner Services and group payment services may involve certain risks. By using these Owner Services you voluntarily accept these risks. Some Owner Services may involve risks of illness, injury, bodily harm or death, and by using them you knowingly accept these risks. You assume full responsibility for actions before, during and after using Owner Services and the group payment service. If you travel with minors, you are solely responsible for them when using Owner Services. You agree to release and hold the Company harmless from any liability and claims arising in case of injury, death, damage or harm to such minors during or in connection with the use of Owner Services, to the maximum extent permitted by law.

17.5. The above disclaimer applies to the maximum extent permitted by law. You may have other rights provided by law. The scope of mandatory rights and warranties (if any) will be limited to the maximum extent permitted by law.

18. Limitation of the Company’s liability
18.1. The Company makes no warranties regarding the error‑free and uninterrupted operation of the Service or its individual components and/or functions, including the electronic signature function via the Service, or the Service’s fitness for particular purposes of the User, and makes no other warranties not expressly specified in this User Agreement.

18.2. The Company is not liable for any direct or indirect consequences of any use or inability to use the Service and/or losses caused to the User and/or third parties as a result of any use, non‑use or inability to use the Service or its individual components and/or functions, including due to possible errors or failures in their operation, unless expressly provided by law.

18.3. The Company is responsible for proper collection, processing and routing of funds, resolving refund issues and paying users.

18.4. The Company will assist in resolving issues between the Owner and the Tenant of the property, including ensuring receipt of refunds.

18.5. If disputes arise that cannot be resolved by the Tenant and the Owner through normal communication via the Service with the Company’s mediation, the Tenant and the Owner undertake to settle disputes independently thereafter by means and in the manner chosen by them jointly or individually without involving the Company.

18.5. If desired, the Tenant may conclude a Lease Agreement with the property owner.

18.6. The Company does not guarantee any specific result from the User’s use of the Service; in particular, it does not guarantee acceptance of the User’s Application for consideration, actual finding of a counterparty for a lease agreement, or that the lease terms, Property condition, or the counterparty’s actions will meet the User’s expectations.

18.7. The Company is not responsible for the relevance and accuracy of information provided by users in the Service. The User must independently assess all risks associated with using information, including assessing the reliability, completeness or usefulness of the information, as well as its compliance with the laws of the Republic of Kazakhstan.

18.8. The Company reserves the right, at its discretion, to limit the User’s access to the Service (or certain functions thereof, where technologically possible) using the User’s account or to completely block the User’s account, to refuse assistance in finding a potential Tenant for a Property, to conclude a lease of a Property selected by a Tenant with an Owner without giving reasons, including in the case of repeated or gross violations of the User Agreement, Terms (for Owners and Tenants) and Rules, or to apply other measures to ensure compliance with the law or the rights and legitimate interests of third parties.

18.9. Payment by the Tenant of the Owner’s expenses for utilities and other services is made by agreement with the Owner.

18.10. Liability and grounds for limitation of liability in relation to facilitating the Owner in providing the Property for temporary possession and use are governed by the User Agreement.

19. User responsibility
19.1. To the maximum extent permitted by law, you assume all risk arising from your access to and use of the Company Platform and User Content, posting or booking Listings through the Company Platform, your stay in a Property, and other interactions with other Users both online and in person.

19.2. The User may receive information related to booking and account, the progress of concluding and performing a Service agreement via the Personal Account. The User is informed and agrees that notifications sent via the Personal Account are proper notices under this User Agreement. The User undertakes to regularly check the content of the Personal Account and bears risks associated with untimely receipt of notifications from the Service.

19.3. Neither the Company nor any other person involved in providing the Company Platform or Collective Content shall be liable for incidental, consequential, special, punitive or indirect damages, including lost profits, data loss or damage to business reputation, service interruptions, computer damage or system failures, costs of substitute products or services, any damages resulting from personal injury, bodily harm or emotional distress arising out of: (i) these Terms; (ii) the use of or inability to use the Company Platform or Collective Content; (iii) communication, information exchange or meetings with other Users or persons you interact with while using the Company Platform; (iv) posting Listings or booking accommodation under Listings, including provision or use of Owner Services under a Listing; whether based on warranty, contract, tort (including negligence), product liability or any other legal theory; and whether or not the Company has been informed of the possibility of such damages, even if it turns out that limited remedies herein fail of their essential purpose. Except for our obligations to transfer fees to Owners under these Terms or under a confirmed claim under the Company’s Host Guarantee, the aggregate liability of the Company arising out of or in connection with these Terms and your use of the Company Platform, including as a result of posting Listings or booking accommodation under Listings via the Company Platform, use or inability to use the Company Platform or Collective Content, and in connection with additional services or interactions with other Users, shall in no event exceed the amount you paid or are obligated to pay for bookings through the Company Platform as a Tenant during the twelve (12) months preceding the event giving rise to liability.

20. Indemnification
20.1. To the maximum extent permitted by applicable law, you agree to release, defend (at the Company’s option), indemnify and hold the Company and its officers, including directors, employees and agents, harmless from any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, in any way connected with: (i) your breach of these Terms, other Terms and Rules; (ii) your improper use of the Company Platform or other Company Services; (iii) your interaction with Users, your stay in a Property, including any claims for compensation of direct, unintentional or indirect losses related to the described interaction, stay, participation or use; (iv) your violation of laws, regulations or third‑party rights.

21. Governing law and jurisdiction. Dispute resolution
21.1. All disputes under this User Agreement are governed by the laws of the Republic of Kazakhstan.

21.2. All disputes arising under this Agreement shall be resolved by the Parties through negotiations. If a dispute cannot be resolved by negotiations, it shall be resolved in court as provided by the applicable laws of the Republic of Kazakhstan.

21.3. For questions and claims related to use or inability to use the Service, as well as possible violations of law and/or third‑party rights in the Service, the User may send an appeal through the feedback form at: support@livin.kz

22. Other provisions
22.1. Rights to all objects that comprise the Service’s overall design and its individual elements, and to the Service’s software, belong to the Company. Rights to objects included in the Service (text, visual, audio/video content, etc.) belong to their lawful rightsholders. For violation of the exclusive rights of the Company and/or content rightsholders or third parties, the User is liable in accordance with the laws of the Republic of Kazakhstan.

22.2. The Service’s functions are provided free of charge. Separate Services offered using the Service are provided on the terms specified in this User Agreement.

22.3. Any information used in the Service is intended solely for personal non‑commercial use. Any copying of Service data, including using automatic and other software means of access, reproduction, processing, distribution, making available to the public (publication) on the Internet, any use in the media and/or for commercial purposes without the prior written permission of the rightsholder is prohibited, except as expressly provided by this User Agreement, the Terms or the Rules.

22.4. The Agreement between the User and the Company described in this User Agreement enters into force when the User gains access to the Site Services (for example, to create a personal account) and remains in force until either Party terminates it.