Last updated: December 9, 2025

TERMS OF USE

This User Agreement constitutes a legally binding agreement ("Agreement" or "Terms") between you and Private Company Livin Limited governing your use of the website https://livin.kz, including all its subdomains, as well as other websites through which the Company provides its services (collectively referred to as the "Website"), our applications for mobile phones, tablets and other devices, as well as application programming interfaces (collectively referred to as the "Application"), as well as all related services (collectively referred to as the "Company Services"). The Website, Application and Company Services are collectively referred to as the "Company Platform". Terms for Owners, Terms for Tenants, Refund Agreement and other Rules and Policies applicable to your use of the Company Platform are incorporated into this Agreement by reference. The rights and obligations of the parties arise when the User joins this User Agreement in accordance with Article 389 of the Civil Code of the Republic of Kazakhstan.

The collection and use of personal information in connection with your use of the Company Platform is carried out in accordance with the Company's Privacy Policy.

Payment processing services provided in connection with your use of the Company Platform are carried out 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 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 technology, additional user verification at the issuing bank will be required to make the transfer. For this, the Client will be directed to the page of the bank that issued the card. The verification procedure is determined by the bank that issued the card.

Payment processing services for Users on https://livin.kz are provided by the Freedom Pay payment system, which is a Partner of the Company. 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 data received with the Company's Partner. After confirming the Order, a window with a registration form will open, where the User needs to indicate their correct data in Russian or English: Last Name and First Name, contact phone, E-mail, city of residence. Make sure all data is correct and click the "Proceed to Payment" button. Then a payment page will open where the User needs to enter their bank card details. The 3D Secure protocol is used for additional cardholder authentication. 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. Credit card data is transmitted only in encrypted form and is not stored on the Freedom Pay Web server.

All operations with payment cards are carried out in accordance with the requirements of VISA International, MasterCard and other payment systems. When transmitting information, special online card payment security technologies are used, data processing is carried out on a secure high-tech server of the processing company.

The User guarantees compliance with clauses 1 and 2 of this Agreement, in compliance with the requirements of clause 5-1 of Article 36 of the Law of the Republic of Kazakhstan "On Informatization", and also bears full legal responsibility for any obstruction or non-compliance 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 – Private Company Livin Limited (BIN 251240900097), legal address: RK, Astana city, Yesil district, Al-Farabi Avenue, building 21/1, p. 5, postal code Z05T2K5

1.2. User - an individual who has reached legal capacity, using the service as an Owner or Tenant

1.3. Owner – a User who is the owner of the Property or a person authorized to post a Listing on the Website with an offer to enter into a transaction regarding the rental of the Property.

1.4. Tenant - a User viewing the Listing posted by the Owner, booking the Property, interacting with the Owner regarding the rental of the Property and/or wishing to enter into 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 post rental listings on the Company Platform, as well as communicate and transact directly with Users wishing to book housing/premises.

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

1.7. Software – a set of software tools (including the Website) ensuring the functioning of the Company's Service.

1.8. Website – located at: https://livin.kz, an online platform that provides Users with the opportunity to publish, offer, search and book services.

1.9. User Registration on the Website – the User performing actions provided for by the instructions posted on the Website, in order for the User to obtain the ability to use the Website to fulfill the Agreement.

1.10. User Authorization on the Website – performing actions provided for by the Website instructions (Registration and authorization procedure), in order to Identify the User by entering the Login and Generated password known to the User and kept secret by them, to use the Website.

1.11. User Account – a set of data about the Website User used in User Identification and containing information about the User, including Personal data entered by them, and used to manage Website services on behalf of the User.

1.12. Personal Cabinet – an individual section on the Website, access to which is carried out by the User by entering only known to them Login and Generated password in accordance with the Website terms.

1.13. User Identification – establishing the identity of the User and their data.

1.14. Login – data entered by the User to gain access to the User's Personal Cabinet on the Website.

1.15. Generated Password – a unique sequence of characters used to access the User's Personal Cabinet on the Website. The Generated password has the properties of a Password, together with the Login constitutes an analogue of the User's handwritten signature, confirming that the source of actions performed using the Login and Generated password is 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 in the performance of this User Agreement, Service Agreement, Commission Agreement and Rental Agreement, as well as for informational 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 Website and wishes to provide for temporary possession and use.

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

1.19. Long-term Lease Agreement – a lease agreement, including appendices to it, posted on the Website.

1.20. Booking – a service provided to the User for short-term rental of the Property.

1.21. Lease Term – the period of time from the start of the lease to the end of the lease in accordance with the Lease Agreement.

1.22. Transaction – an agreement of Website Users, as well as their actions aimed at establishing civil rights and obligations.

1.23. Owner Services - services provided by Owners or certain third parties (who are duly authorized by the Owner in accordance with the legislation of the Republic of Kazakhstan) for providing booking and transferring housing/premises for rent in accordance with the conditions of the Listing posted on the Company Platform.

1.24. ES – a simple electronic signature that confirms the fact of signing by the Owner and Tenant using the corresponding functionality of the Service of the lease agreement, property inventory and other documents signed by the Owner and Tenant using the Service, through the use of an SMS message (one-time password) sent to the mobile phone number specified in the Service, and which is an analogue of the handwritten signature of the Parties.

1.25. Freedom Pay – Company partner providing the ability to make non-cash transfer of funds of Users of the website https://livin.kz to Private Company Livin Limited / 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, nor does it manage them. Owners bear sole responsibility for their Listings and Owner Services. By accepting or creating a booking, Users enter into contractual relationships directly with each other. The Company is not a party to or other participant in any contractual relationships between Users, and is not 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, compliance or legality of any Listings or Owner Services, (ii) the accuracy or correctness of descriptions, Ratings, Reviews about the Property or other User content (see definition below), or (iii) the actions or behavior of Users or third parties. The Company does not recommend any Users, Listings or Owner Services. Any indication that a User is "verified" (or other similar definitions) means only that the User has passed the appropriate verification or check procedure. Any such definitions are not a recommendation or guarantee from the Company regarding any User, including regarding the accuracy of information about them or the absence of offenses, their reliability, safety or compliance with requirements. Verified images (see definition below) are intended solely for visual representation of the property in the Listing at the time of photography, and are not a recommendation from the Company regarding any Owner or Listing.

1.3. The Owner's relationship with the Company is limited to the relationship of independent third-party contractors. The Owner is not an employee, agent, joint venture participant or partner of the Company, but acts exclusively on their own behalf and in their own interests. The Company does not direct or control activities under this Agreement, including in the provision of Owner Services, and should not be considered as such. By registering on the Platform, the Owner confirms that they offer Owner Services and participate in other business or employment relationships on their own initiative.

1.4. To promote the Company Platform and increase views of Listings by potential Tenants, Listings and other User content may be displayed on other websites, in applications, in emails, as well as in online and offline advertisements. Listings and other User content may be fully or partially translated into foreign languages. The Company cannot guarantee the accuracy or quality of such translations, and Users are solely responsible for viewing and verifying them.

1.5. The Company Platform may contain links to third-party websites and resources ("Third-Party Services"). The use of Third-Party Services may be governed by other rules and conditions, including privacy conditions. The Company is not responsible for the availability or accuracy of Third-Party Services, as well as for the content, products or services of Third-Party Services. The presence of links to Third-Party Services does not imply any guarantees regarding Third-Party Services from the Company.

1.6. Due to the peculiarities of the Internet, the Company cannot guarantee constant and uninterrupted availability of the Company Platform. The Company may limit the availability of the Company Platform, its sections or functions, if this is necessary to maintain proper bandwidth, security or integrity of our servers, as well as to conduct technical activities ensuring proper or improved functioning of the Company Platform. The Company may improve, expand and modify the Company Platform, as well as introduce new Company Services.

1.7. By starting to use the Website services in any form and to any extent, the User:

1.7.1. confirms that they have fully familiarized themselves with the content of the User Agreement and the Company's Privacy Policy;

1.7.2. expresses their full and unconditional agreement with the terms set forth in this User Agreement, without any reservations and exceptions;

1.7.3. undertakes to comply with the User Agreement, bear responsibility for non-compliance with the requirements and conditions set forth therein;

1.7.4. agrees that the User Agreement may be changed by the Company without any notifications from the Company, and undertakes to independently monitor the relevant changes. The new version of the User Agreement comes into force from the moment of its posting on the Website;

1.7.5. recognizes the legal force of documents sent through the Platform as handwritten documents, for actions performed through the Platform;

1.7.6. recognizes that the identification means specified in the User Agreement are sufficient to identify the person from whom the relevant documents and actions originate;

1.7.7. recognizes that the Software is sufficient to ensure proper operation when receiving, transmitting data, processing and storing information, including Personal data, as well as to protect information from unauthorized access, confirm the authenticity and authorship of electronic documents, and to resolve conflict situations on them. The User trusts the Software.

1.7.8. agrees that the Company provides no warranties, express or implied, that the Software (including the Website) will meet the requirements or expectations of the User, will correspond to their goals and objectives. The User uses the Software on an "as is" basis, that is, in the form and volume in which it is provided by the Company at the time of User access. The Company does not assume responsibility for the Software's failure to meet any expectations of the User.

1.8. In case of disagreement with the conditions set forth in this section, the User must immediately stop using the Website services.

1.9. The Website is a platform that allows the Owner to independently, at their own responsibility, post Listings with offers containing all essential conditions from which the will of the person making the offer to conclude a Lease Agreement on the terms specified in the offer with anyone who responds to the transaction regarding the Property, which the Owner owns by right of ownership, economic management, operational management or is authorized to dispose of in any other way (make offers), and the Tenant to accept and take at their discretion and at their own responsibility offers posted on the Website by the Owner, booking the corresponding Property with the Owner, and if desired, concluding a lease agreement.

2. Eligibility Verification, Use of the Company Platform, User Verification
2.1. Owners bear sole responsibility for studying, understanding and complying with all laws, rules and regulations applicable to their Listings and Services. In accordance with the legislation of the Republic of Kazakhstan, in order to receive income from business activities, the Owner must have the status of an individual entrepreneur or legal entity. The Owner is independently responsible for compliance with the migration legislation of the Republic of Kazakhstan. Owners bear sole responsibility for collecting the necessary information and obtaining all licenses, permits or registrations required to provide Services.

2.2. The Company may condition access to certain sections and functions of the Company Platform, as well as their use, to certain conditions, for example, require verification or compliance with certain criteria, achievement of certain Rating or Review values, as well as parameters of the User's booking and cancellation history.

2.3. In order to ensure transparency of operations and prevent fraud, the Company may, has the right to take the following measures within the framework of current legislation: (i) ask Users to present official identity documents or provide other information, and conduct additional verification to identify the identity or find out the reputation of Users, (ii) verify Users against third-party databases and other sources, and request reports from service providers.

2.4. Access to the Company Platform or use of its certain sections and functions may be governed by separate rules, standards and guidelines or may require acceptance of additional terms before you can access the relevant sections or functions of the Company Platform. Unless otherwise indicated, in case of conflicts between these Terms and the terms applicable to certain sections or functions of the Company Platform, the latter shall prevail in connection with the use of or access to these sections and functions.

2.5. The Company reserves the right to make changes to these Terms at any time in accordance with this provision. In case of changes to these Terms, the updated Terms are published on the Company Platform indicating the date of the last update at the top of the first page of the Terms.

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

3. Account Registration
3.1. To use the functions of the Platform (Service) of the Company, including to publish a Listing or book a Property, you need to register an account ("Company Account"). In case of registering a Company Account on behalf of an organization, company or other legal entity, the User guarantees that they have the authority to accept obligations on behalf of this company or legal entity, and provides us with all permissions and licenses provided for by these Terms.

3.2. A User authorized in accordance with this Agreement must go through the registration procedure for a Personal Cabinet on the Company Platform by filling in the necessary information.

3.3. To Register on the Platform, the User provides required information about themselves, including their personal data, including but not limited to: - last name, first name, patronymic (if present in the identity document); - mobile phone number registered to the User. By providing the mobile phone number, the User confirms that the specified mobile phone number is duly registered to them, and the User is responsible for providing inaccurate information; - email address (e-mail);

3.4. Also, during Registration, the User sends the following documents to the Company via the technical capabilities of the Platform (which must be without glare, with all clearly readable data): - photo of Identity Documents or passport (with photo, date of issue and validity period of the document, their front and back sides);

3.4.1. The Company may request the sending of additional documents to confirm the User's identity and ownership of the property.

3.5. By registering in the Service, the User guarantees that: - the information they provide is accurate, precise, complete and up-to-date; - the User has all the necessary rights to transfer data to the Company, namely: has sufficient legal capacity to consent to the processing of personal data, and has obtained all necessary consents of third parties if the information transferred by the User contains personal data of third parties; - the User has all rights to the materials they upload and understands that these materials may be posted in public access; - agrees to the data processing conditions specified in this Agreement.
3.6. By registering in the Service, the User expresses consent to the processing of the personal information they transfer (including personal data) to the Company on the terms of the Privacy Policy and personal data processing.

3.7. The Company uses the received data, including for the following purposes: - to provide feedback to Users on account issues, data clarification, as well as to inform during further use of the Service and provision of Services; - to post data (concerning the Property and conditions for concluding a lease agreement) as part of a listing in public access on the Platform; - to fill in documents and agreements concluded by Users using the Platform; - to display User data in the User's Personal Cabinet; - to verify the specified data for accuracy and the User for reliability; - for other purposes directly related to the use of the Platform, assistance in concluding a lease agreement for the Property and provision of Services.

3.8. When creating an account, the User agrees that the Company has the right to process data in order to verify the accuracy of the specified data and the reliability of Users within the framework of the Privacy Policy. In particular, the Company may: - receive additional information about the User/Property using open sources of information and public registries; - engage third parties to verify data using sources and registries 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, assistance in concluding a lease agreement for the Property and/or provision of Services. In particular, data may be transferred to other Users - potential Tenants or Property Owners to assess the possibilities of concluding a lease agreement.

3.10. To use the Services on the Website, the User authorizes using an email address, mobile phone number, via Apple ID or Google account. Then completes the authorization process on the Website by accepting the condition "By clicking 'Continue', I agree to the terms of the User Agreement and Privacy Policy". The condition for granting access to functionality for posting Content and (or) Information on the Website is the conclusion of an agreement by sending a short text message containing a password entered on the Website or by another method, in the manner established by clause 5-1 of Article 36 of the Law of the Republic of Kazakhstan "On Informatization".

3.11. The User cannot register more than 1 (one) Account without the Company's permission, cannot assign or otherwise transfer their Company Account to third parties.

3.12. The User is responsible for maintaining the confidentiality and security of the Company Account credentials and cannot disclose their credentials to third parties. The User undertakes to immediately notify the Company if they become aware or have reason to believe that the credentials have been lost, stolen, misappropriated or otherwise compromised, as well as in case of unauthorized use of your Company Account or suspicion of such use. The User is responsible for all actions carried out through your Company Account, except in cases when the actions were not performed by the User and are not the result of their negligence.

4. Content
4.1. The Company may at its discretion provide Users with the opportunity to (i) create, upload, send, receive and store content, in particular texts, photos, audio, video and other materials or information on the Company Platform or through it ("User Content"); (ii) view User Content, as well as any content that the Company independently posts on the Company Platform or through it, including the Company's own content, as well as content provided to the Company under license or permitted for use by or through a third party ("Company Content").

4.2. The Company Platform, Company Content and User Content may be fully or partially protected by copyright, trademark and/or other laws of the Republic of Kazakhstan. The User agrees that the Company Platform and Company Content, including all related intellectual property rights, belong exclusively to the Company and/or its licensors or third-party Owners. The User may not remove, alter or hide copyright, trademark, service mark or other protected rights notices that are part of or related to the Company Platform, Company Content or User Content. All trademarks, service marks, logos, trade names and other protected designations of the Company used on the Company Platform, in Company Content or related to them 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 related to them are used only for identification purposes and may be the property of the respective Owners.

4.3. The User has no right to copy, adapt, modify, distribute, sell, assign, publicly display, publicly perform, broadcast, transmit or otherwise use the Company Platform or Collective Content, or develop derivative works based on them and grant licenses to them, except for methods expressly provided for by these Terms, or if you are the legal owner of certain User Content. No licenses or rights are granted to you implicitly or otherwise under intellectual property rights owned or controlled by the company or its licensors, except for the licenses and rights specifically provided for by these Terms.

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

4.5. By creating, uploading, posting, sending, receiving, storing or otherwise making available any User Content on or through the Company Platform, the User grants 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 this User Content in any way to promote the Company Platform on any media and platforms, as well as 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 with our Privacy Policy. Unless otherwise authorized by you, the Company does not claim any ownership rights to User Content, and nothing in these Terms may be construed as limiting any of your rights to use your User Content.

4.6. The Company may offer Owners to conduct professional photography of their Services so that Owners can add photos received from the photographer to Listings with the mark "Verified Company.com Photo" or similar wording ("Verified Images") or without such marks. The User bears sole responsibility for the accuracy of displaying their Services on Verified Images and undertakes to stop using Verified Images on the Company Platform or through it if they no longer reflect the actual state of the Property in the Listing, if they have stopped providing the depicted Services or if the Account has been deleted or suspended for any reason. The User agrees that the Company has the right to use any Verified Images in accordance with advertising, marketing and/or other commercial purposes, on any media and platforms, both in connection with your Listing and in other context, without additional notifications and any compensation. If the Company is not the exclusive owner of Verified Images, then by using such Verified Images on the Company Platform or through it, the User grants 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 these Verified Images for advertising, marketing and/or other commercial purposes, on any media and platforms, both in connection with your Listing and in other context, without additional notifications and any compensation. The Company in turn grants the User a limited, non-exclusive and non-transferable license, revocable and non-transferable, to use Verified Images outside the Company Platform solely for your personal and non-commercial use.

4.7. The User bears sole responsibility for all User Content that you post on the Company Platform or through it. Accordingly, you represent and warrant that: You warrant that (i) you are either the sole and exclusive owner of all User Content that you post on or through the Company Platform, or have all rights, licenses, consents and permissions necessary to grant the Company the rights to this User Content provided for by these Terms; (ii) neither the User Content itself nor its posting, uploading, publishing, providing or transmission, nor the use of User Content or part of it, as provided for by these Terms, by the Company does not violate patent or copyright rights of third parties, rights to trademarks, trade secrets, moral or other property or intellectual property rights, as well as rights to publicity or confidentiality and does not lead to violation of any applicable law or rule.

4.8. The User undertakes not to post, upload, place or transmit User Content that: (i) is falsified, false, misleading (directly or by providing incomplete or outdated information) or disorienting; (ii) is defamatory, degrading, offensive, pornographic or obscene; (iii) promotes discrimination, intolerance, racism, hatred, aggression or harm to any person or group of persons; (iv) promotes violence and 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 without prior notice remove any User Content or terminate access to any User Content that, in the Company's opinion, violates applicable law, these Terms, or may otherwise harm the Company and 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 copyrights, please notify us in accordance with the Intellectual Property Policy.

5. Owner Payout Terms.
5.1. When owning housing for rent: the payout is calculated as the price per night plus any fees set by the Owner (for example, for cleaning, additional guests, etc.), minus the Livin service commission.

5.2. The Livin service commission is a percentage of the total booking cost and is automatically deducted from your income. In addition to the accommodation cost, a service fee for using Livin services may also be charged to the guest. 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 (the owner) set. As an owner, you set the price for the property. The payout may be affected by some factors, such as:

● Special offers: prices for holidays or on certain dates.
● Long-term rental discounts: for a week or month.
● Long-term booking: charges to the guest are made and transferred to you monthly.
● Income for additional manager: when sharing profits.
● Changes in payment terms or minimum payout amount.
● VAT: may be added to the Livin service commission.
● Payment processing fees: your bank or financial partner may charge additional fees.
● Express payout fee: applies to each payout transaction.
● Currency conversion: if the listing and payout currencies differ, a conversion fee is charged. To avoid this, adjust the currency in the pricing settings.
● Adjustments: in case of refunds to guests or booking cancellations.
● Owner's discount coupons: apply if the guest used your coupon.

6. Owner Payout Timing.
6.1. After a transaction is successfully completed, Livin will make a payout approximately 24 hours after the guest's check-in. The time of receiving funds will depend on the payout method chosen by the owner. If we are talking about monthly rent, then the payout for the first period will be made approximately 24 hours after the guest arrives. In the future, payouts will be made every month.

6.2. Average Processing Time
Once Livin initiates a payment, it is sent for processing and then transferred to the owner's account. For this reason, payouts may be delayed for some time.
● Express 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 needs to make sure they have at least one payout method 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 only be sent 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 nearest business day. If the owner has questions about this, we recommend contacting the servicing bank. Express payouts and transfers via Payoneer are made even on holidays and weekends.

6.5. Timing and Checks
Livin may conduct checks before making any transaction to prevent fraudulent activities. This may cause a delay or even suspension of the payout. In rare cases, the payout may be cancelled. At the same time, Livin has the right to restrict your account in terms of sending funds. Livin may also request additional data from you to verify your identity. Such checks are standard practice for companies like Livin, helping to prevent fraud and comply with legal requirements.

6.6. Possible Fees
Sometimes banks or payment systems may charge additional fees when making payouts. We recommend finding out in advance so you understand how much you will receive.

7. Livin Service Fee
7.1. The Company may charge fees from Owners ("Owner Fees") and/or from Tenants ("Tenant Fees"; collectively referred to as "Service Fees") for using the Platform. The service fee is automatically displayed to Owners when creating a listing, for Tenants when booking a rental property, in addition, information about when it applies and how it is calculated is provided on the Livin Service Fee Information Page.

8. Recurring Payments (Payment for Rental Services)
8.1. Payment for rent is made by the User on the website. The housing rental service is considered provided to the User in full from the moment the User is granted access to the Service.

8.2. When booking a service, the User instructs the website to monthly debit the housing rental amount (long-term rental), determined by the User when concluding a long-term rental agreement, to charge the rent set by the website on the payment day until the User refuses to extend the housing rental term one month before the actual move-out.

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

8.4. Payment for housing rental services is made from the Linked Card. The User's refusal to pay for the corresponding housing rental service is the User's refusal of rental housing services. In this case, the User's access to rental housing is terminated. In case of insufficient funds on the Linked Card(s) to pay for housing rental services, the Website has the right to terminate the User's access to the service from the start date of the unpaid service or to maintain the User's access to extended Service capabilities until the payment is debited from the Linked Card.

8.5. The User, by accepting these Terms, gives the Website an order on behalf of the User to draw up orders for debiting funds from the account (to which the Linked Card is linked) of the User in favor of the Website for the rental housing service, as well as to send these orders to the User's issuing bank through the acquiring bank.

8.6. The User gives their consent to the automatic periodic debiting of funds from their account to pay for rental housing services according to their order given in the manner provided for by this clause of the Terms, and recognizes that orders for debiting funds from their account sent in accordance with this clause of the Terms are orders of the User themselves, and the actions of the processing center and acquiring bank aimed at debiting funds in accordance with this clause of the Terms are performed with the User's consent.

8.7. Debiting of funds in accordance with this clause of the Terms begins to occur on an automatic basis when the following conditions are met: — the User enters all necessary Linked Card details; — activation of the service for debiting funds on an automatic basis from the Linked Card in the following way: automatically upon making the first payment; — clicking the "Book" button (or another button with similar functionality), confirming the User's agreement with these Terms.

9. Cancellation of Rental Housing Services
9.1. The User has the right to refuse services in the manner and on the conditions provided for by the Law of the Republic of Kazakhstan "On Consumer Protection".
9.2. The User is not entitled to refuse services performed (rendered) properly.
9.3. The User has the right to refuse the service at any time through the Personal Cabinet on the Service website.
9.4. In case of termination of this Offer Agreement, unused funds are returned by the Service to the User within 10 (ten) business days after receiving the User's application to the Service.
9.5. Refund of funds is made to the client's card from which payment was made.

10. Special Terms for Owners
10.1. Terms Applicable to All Listings
10.1.1. When creating a Listing through the Company Platform, the User is obliged to (i) provide complete and accurate information about the Services (including a description of the Property, its location and available dates), (ii) and also (iii) provide any other relevant information upon request of the Company. The User is responsible for maintaining up-to-date information in your Listing (including information about available dates).

10.1.2. The User bears sole responsibility for setting the price for Property rental (taking into account all applicable Taxes or additional costs, for example, cleaning fees) in the Listing ("Listing Rate"). After the Tenant has sent a booking request for the Property in your Listing, the User cannot require the Tenant to pay more than indicated in the booking request.

10.1.3. All conditions indicated in the Listing (in particular, booking cancellation conditions) must not contradict these Terms or the relevant cancellation rules and other rules posted on the Website 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 requirements for the minimum number of Images of a certain format, size and resolution in the Listing.

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

10.1.6. By accepting or pre-approving a Tenant's booking request, the User undertakes to provide them with their Services in accordance with the description present in the Listing at the time of sending the booking request.

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

10.2. Property Listings
10.2.1. Only one Property can be indicated in one Listing, unless explicitly permitted otherwise by the Company.

10.2.2. In addition to personal information, the Owner provides information about the essential characteristics of the Property, photos of the Property, as well as desired rental conditions (daily and/or monthly payment, rental term, requirements for the Tenant, etc.).

10.2.3. Data specified by the Owner in the account may be clarified during feedback in the Service.

10.2.4. To set a security deposit for property preservation in your Property, indicate this in your Listing ("Security Deposit"). Please note: The Company does not recommend requiring a deposit from the Tenant, however this is the Owner's right. If there is a deposit outside the Platform, the Company does not guarantee and is not responsible for the return of the deposited deposit. Owners cannot require a Security Deposit (i) after booking confirmation.

10.2.5. The User guarantees that posting a Listing, booking the Property by the Tenant and the Tenant's stay in the Property (i) does not violate any agreements with third parties, for example with consumer cooperatives, homeowners associations of apartment buildings, as well as other agreements, and (ii) complies with current legislation, tax legislation requirements, as well as other rules and regulations (including satisfying requirements for the availability of all necessary permits, licenses and registrations). The Owner is responsible for their own actions and inactions, as well as for the actions and inactions of persons living or otherwise present in the Property at their request or invitation, excluding the Tenant, as well as persons invited by the Tenant to the Property.

11. Special Terms for Tenants
11.1. Terms Applicable to All Bookings
11.1.1. A Tenant wishing to book housing with a Service User regarding a selected Property registers an account in accordance with the requirements of this User Agreement. The Tenant may be asked for information regarding housing search, purposes of concluding a long-term lease agreement, composition of residents, personal information, etc. Data reported by the Tenant may be clarified by the Service. Tenant information is saved in the Personal Cabinet. The Tenant has the opportunity to make changes by editing it in the Personal Cabinet.

11.1.2. Using the appropriate booking procedure, the Tenant can book a Property under a Listing posted on the Company Platform, subject to compliance with all requirements established by the Company and/or the Owner. All applicable fees, including the Listing Rate, Security Deposit (if any), Tenant Fees, as well as all applicable Taxes (collectively referred to as "Total Cost") will be communicated to the Tenant before booking the Property under the Listing. The Tenant agrees to pay the Total Cost of any bookings made using your Company Account.

11.1.3. At the time of receiving booking confirmation from the Company, the Tenant enters into legally binding contractual relations with the Owner, which may be governed by additional terms from the Owner, including the applicable booking cancellation rules, as well as rules and restrictions indicated in the Listing. Payment systems charge the Total Cost at the time of the booking request or after confirmation of the booking by the Owner. In some cases, Tenants will be required or will have the option to pay in several payments.

11.1.4. If the User books housing/premises on behalf of other Tenants, they are obliged to ensure that all additional Tenants comply with the Owner's requirements, familiarize them with these Terms, the Owner's requirements, rules and restrictions, and obtain their consent to these terms. If the User makes a booking for a minor Tenant, they guarantee that they have legal authority to act on behalf of this minor Tenant. Minor persons may use other Services only when accompanied by an adult responsible for them.

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

11.2.2. On the Service, you can find Listings about housing/premises for rent by criteria such as: district, check-in dates and number of Tenants by using filters for more accurate search. Results are determined based on query compliance and other criteria. This takes into account factors such as price, availability, Reviews, customer interaction history and booking cancellations, popularity, previous stays and saved Listings, Owner requirements (for example, minimum or maximum number of nights) and other factors.

11.2.3. When booking a Listing, the Tenant undertakes to pay all relevant fees, including the Property cost, in particular the Service Fee at checkout. The Tenant also agrees that the Company may require compensation for damage in case of booking cancellation to receive the amount (as defined in the requirements). After booking confirmation, obligations arise between the Tenant and the Owner according to the terms of the user agreement. In addition, the Tenant and Owner may, if desired, conclude a lease agreement. In addition to these Terms, the Tenant will be subject to and responsible for compliance with all Booking terms, including but not limited to cancellation rules and other rules, standards, policies or requirements indicated in the Listing or at payment that apply to the Booking. The Tenant is responsible for familiarizing themselves with these rules, standards, policies and requirements before making a booking.

11.2.4. Booking provides temporary rights to enter the Property, stay in it and use it. If the Tenant stays in the Property after the set checkout time, the Owner has the right to force the Tenant to leave in accordance with applicable law, including through a penalty for exceeding the stay. It is prohibited to exceed the maximum allowed number of residents.

11.2.5. The Tenant is responsible for their own actions and inactions, as well as for the actions and inactions of persons they invited and persons to whom they provided access to the Property. This also means that the Tenant: (i) undertakes to leave the Property (and personal property in it) in the same condition as upon arrival; (ii) undertakes to pay all reasonable amounts under the Damage Claim necessary to cover damage that you, your Tenant(s) or your pet(s) caused to the Property; (iii) must act in good faith, treat other people with respect and comply 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 another time agreed with the Owner. If the Tenant stays in the Property after the agreed checkout time without the Owner's consent ("Overstay"), they lose permission to stay in the Property, and the Owner has the right to force them to leave by any means provided for by applicable law. In addition, upon the Owner's request, the Tenant undertakes to pay for each day of stay according to the Listing Rates. If the Overstay did not entail changes to future bookings, the amount of Overstay Fees may be limited to the amount of actual expenses incurred by the Owner in connection with the Overstay.

12. Booking Terms, Booking Changes, Cancellation and Refund
12.1. The Company provides the Owner with the right to use the Website Services to share their Property, provide Services and receive income. Create Listings and set your price, available check-in dates and rules.

12.2. By accepting a booking request or receiving booking confirmation through the Website Services, the Owner enters into a lease agreement directly with the Tenant and undertakes to provide them with the Property in accordance with the terms and price indicated in the Listing. All terms, rules and provisions included in the agreement with the Tenant must: (i) comply with this User Agreement, Company rules and 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 venture participant or partner of the Company, except that the Company acts as a payment collection agent in accordance with the Terms of assistance in providing real estate for use. The Company does not influence or manage the Owner's Service. The Owner acknowledges that they offer Services on their own initiative and independently determine their time, place, price and terms.

12.4. The Website Services provide tools for convenient Listing setup and management. The Listing must contain complete and accurate information about the Property, its price, other fees, in particular additional cleaning fees, as well as rules and requirements applicable to the Tenant or Property. The Owner is responsible for keeping data (including availability information) and content (for example, photos) in the Listing up to date. Only one Listing is allowed for each Property, but there may be several Listings at one address if the Owner offers several Property options.

12.5. The Owner must understand and comply with all laws, rules, regulations and terms of agreements with third parties regarding the Property, including independently paying taxes and necessary payments related to receiving remuneration when renting out the Property. For example, some lease agreements restrict or prohibit subletting, short-term rental of the Property and/or long-term rental. Regarding mandatory registration of the Tenant staying in the Property, the Owner must independently determine their obligations.

12.6. Tenants may cancel a confirmed booking within the deadlines established in the listing by the Owner in accordance with the Cancellation Rules, a refund will be made. In the absence of valid reasons, all amounts payable to the Owner in accordance with the applicable booking cancellation rules will be transferred to the Owner.

12.7. If the Tenant cancels the Booking, the payout amount due to the Owner is usually determined according to the cancellation rules applicable to the Booking. Owners cannot cancel Tenant bookings without a valid reason according to the rules on the application of valid reasons. Otherwise, the Company has the right to charge a booking cancellation fee and apply other penalties. If: (i) the Tenant encountered a Problem (as defined in the Tenant compensation rules), (ii) a valid reason arose, or (iii) the booking was cancelled due to termination of contractual relations, the Owner receives a payout minus the amount that the Company refunds or otherwise transfers to the Tenant, as well as other reasonable expenses incurred as a result of the cancellation. If the Tenant received a refund after the payout to the Owner was made or if the refund amount and other Company expenses exceed the Owner's payout, the Company has the right to recover this amount, including against future payouts. The Owner agrees that the Tenant compensation rules, the rules on the application of valid reasons and this User Agreement take precedence over the cancellation rules established by the Owner regarding booking cancellation and/or refund to the Tenant. If the Company reasonably expects to refund the Tenant in accordance with these rules, the Company has the right to delay payment for this Booking until a decision on the refund is made.

12.8. Owners and Tenants are responsible for any changes made to bookings directly through the Company Platform or with the help of Company support staff ("Booking Changes"), and undertake to pay all additional fees associated with such Booking Changes, including the Listing Rate, Owner or Tenant Fees.

12.9. If a confirmed booking is cancelled by the Owner, the Tenant receives a full refund of the Total Booking Cost. The Company may allow the Tenant to apply the refund amount to a new booking. The Company may also publish an automatic review in the Owner's Listing that the Owner cancelled the booking. In addition, if the Owner did not have valid reasons for cancelling the booking in accordance with the Provision on the application of valid reasons or reasonable concerns caused by the Tenant's behavior, the Company may (i) make unavailable or block the calendar for this Listing for the dates of the cancelled booking and/or (ii) impose a cancellation fee.

12.10. When cancelling a Booking, the refund amount due to the Tenant is usually determined according to the cancellation rules indicated in the Listing. In certain situations, it may depend on other rules that take precedence. If the Tenant cancels the Booking due to circumstances beyond their control, they may receive a partial or full refund in accordance with the rules on the application of valid reasons. If the Owner cancelled the booking or the Tenant encountered a Problem (as defined in the Tenant compensation rules), they may seek assistance in rebooking or be entitled to a partial or full refund in accordance with these rules.

12.11. Under certain circumstances, the Company may at its discretion cancel a pending or confirmed booking and initiate a refund or payment of the corresponding funds. Such a decision may be made for reasons if the Company has reason to believe that this will avoid significant damage to the Company, other Users, third parties or property, taking into account the legitimate interests of both parties, or (ii) for any reasons set forth in these Terms.

12.12. In case of a Tenant claim as provided for by the Tenant compensation terms, the Company may at its discretion return the Total Cost to the Tenant in full or in part in accordance with the Tenant Compensation Rules.

12.13. If a confirmed booking is cancelled by the Tenant or the Company, the Tenant is refunded in accordance with the Tenant Compensation Rules in connection with or other booking cancellation rules indicated by the Owner and mentioned in the Listing, after the Owner has already received payment and the Company will be entitled to receive the refund amount from the Owner, including by withholding this amount from future payouts to the Owner.

12.14. Users may use Company services to send or request refunds, additional Owner Services or Damage Claims in connection with a booking, unless otherwise indicated by these Terms.

13. Ratings and Reviews
13.1. The Website services have sections where you can leave feedback, post text information, photos, audio, video, data and other materials (hereinafter referred to as "Content"). Within a certain time after the booking is completed, Tenants and Owners can leave a public review ("Review") and give a rating ("Rating") to each other. Ratings and Reviews reflect the subjective opinion of Users and do not reflect the opinions of the Company. The Company does not verify the accuracy of Reviews and Ratings, which may be incorrect or misleading.

13.2. Ratings and Reviews of Tenants and Owners must be accurate and cannot contain offensive or defamatory statements.

13.3. Users are prohibited from interfering in any way with the Rating and Review system, including asking third parties to write a positive or negative Review about another User. 11.4. Ratings and Reviews are part of the User's public profile and may be displayed in other sections of the Company Platform (for example, on the Listing page) along with other relevant information, including the number of bookings and cancellations, average response time and other information.

14. Property Damage, 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 upon arrival. The Tenant is responsible for their own actions and inactions, as well as for the actions and inactions of persons they invited and persons to whom they provided access to the Property, excluding the Owner, as well as any persons invited to the Property by the Owner.

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

14.3. Users agree to cooperate in good faith with the Company, provide the Company with information and take actions that may be reasonably requested by the company in connection with Damage Claims, other complaints or claims of Users regarding the Property, as well as personal or other property in the Property, including claims submitted by Owners. Upon reasonable request of the Company, the User undertakes to participate free of charge in mediation or similar dispute resolution procedures with other Users conducted by the Company or a third party at the choice of the Company or its insurer, in connection with losses for which the User seeks compensation from the Company (including disputes over payments under the Company's compensation for Owners).

14.4. The Tenant agrees to cooperate in good faith with the Company and provide the Company with information that may be reasonably requested by the Company in connection with a damage claim, including completing documents, and upon request of the Company to take other actions to achieve this goal.

15. Prohibited Activities
15.1. The User bears sole responsibility for compliance with all laws, rules, regulations and tax obligations that may apply or arise in connection with your use of the Company Platform. By using the Company Platform, you undertake not to perform yourself, as well as not to assist or allow other persons to perform the following actions: - violate applicable laws or rules, terms of agreements with third parties, rights of third parties, these Terms, other Terms and Rules, or evade their compliance; - use the Company Platform for any commercial or other purposes not expressly provided for by these Terms, or in ways that unlawfully indicate a recommendation from the Company, partnership relations with the Company or otherwise mislead regarding your connection with the Company; - copy, store or otherwise use information, including personal identification data of other Users, contained on the Company Platform, in any way not complying with the Company's Privacy Policy or these Terms, or otherwise violating the rights of Users or third parties to confidentiality; - use the Company Platform to distribute advertising messages (spam) not agreed with the recipient; - as an Owner, offer through the Company Platform a Property that does not belong to you or which you do not have the right to rent out; - without explicit permission from the Company, book any Listing without intending to use the Owner's Services yourself; - without our written consent, contact other Users for purposes other than clarifying issues related to your own booking, Listing or use of the Company Platform by another User, including offering Users to use services, applications or websites of third parties; - 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 participation of the Company. In case of such actions, you acknowledge that you thereby: (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 on the basis of race, national origin, religion, gender, gender identity, physical or mental abilities, medical condition, marital status, age or sexual orientation, or engage in other aggressive, harmful, offensive or dangerous actions; - improper use or abuse of Listings; - without written consent of the Company, use, display, duplicate or reproduce the Company Platform or Collective Content, any elements of the Company Platform, Company name, Company trademarks, logo or other information that is the property of the Company, as well as the structure or design of pages or forms present on the Company Platform pages; - dilute or denigrate the Company brand or otherwise cause damage to it, including unauthorized use of Collective Content, registration and/or use in domain names, company names, trademarks or other means of identification of the Company name or derivative terms that are confusingly similar to domains, trademarks, slogans, advertising campaign elements or Company content, or imitate them; - use robots, crawlers, bots and other automated means or processes to collect data or other content, as well as to access them and perform other actions on the Company Platform regardless of the purposes; - avoid, remove, deactivate, damage, decrypt or otherwise circumvent any technical means used by the Company, Company suppliers or other third parties to ensure the security of the Company Platform; - attempt to decrypt, decompile, disassemble the software used to provide the Company Platform, or attempt to disclose its technology; - take any actions that cause damage and adversely affect, or may cause damage or adversely 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 anyone's rights or otherwise cause harm to anyone.

15.2. The User acknowledges that the Company is not obliged to monitor access to the Company Platform or its use by Users, verify and edit any User Content or terminate access to it, but has the right to do so (i) to ensure the operation, security and improvement of the Company Platform (including to prevent fraud, risk assessment, investigations and customer support); (ii) to ensure compliance by Users with these Terms; (iii) in compliance with the requirements of the law, court decision or order, instructions of law enforcement, administrative or government authorities; (iv) to respond to User Content recognized by the Company as dangerous or controversial; (v) for other purposes provided for by these Terms. Users agree to cooperate in good faith with the Company, provide the Company with any information and take any actions reasonably requested by the Company in connection with an investigation conducted by the Company or its representative and related to the use or violation of the rules for using the Company Platform.

15.3. If a User with whom you interact personally or on the Internet behaves inappropriately, including (i) demonstrates offensive, rude or sexually incorrect behavior, (ii) is suspected by you of theft, or (iii) demonstrates other concerning behavior, you should immediately report this to the competent authorities, and then notify the Company. You agree that your notification does not oblige us to take any actions beyond those provided for by law (if any).

16. Term, Termination and Suspension of the Agreement, Other Measures
16.1. The User may terminate this user agreement at any time by deleting their account. The Company may terminate this agreement and delete the User's personal cabinet for any reason, by sending a notice 30 calendar days in advance by email or using other contact information provided during account registration. The Company also has the right to immediately and without prior notice terminate this agreement and terminate access to the Website Services if the User has violated this User Agreement, Privacy Policy, Terms, Rules or applicable law, or if the Company reasonably believes that termination is necessary to protect the Company, Users or third parties. If the User's personal cabinet has been 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 sending us a corresponding notification by email. 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 the refund will be made in accordance with the cancellation rules indicated in the Listing.

16.3. The Company may at its discretion terminate this Agreement at any time, by sending you a corresponding notification 30 (thirty) days in advance by email, which does not limit the Company's rights indicated 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, Payment Services Terms, as well as our other Terms and Rules or Community Standards; (ii) you have violated applicable laws, regulations or rights of third parties; (iii) the Company has reason to believe that such action is reasonably necessary to protect the interests of other Users, the Company, or third parties (for example, in case of fraud attempts by the User).

16.5. In addition, the Company may take any of the following measures: (i) in compliance with the requirements of the law, court decision or order, instructions of law enforcement, administrative or government authorities; (ii) if you have violated these Terms, Payment Services Terms, as well as our other Terms and Rules, applicable laws, regulations or rights of third parties; (iii) if you have provided incorrect, distorted, outdated or incomplete information when registering the Account, posting a Listing or after; (iv) if you and/or your Listings or Owner Services no longer meet the applicable 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 did not respond to booking requests without valid reason; (vii) if the Company has reason to believe that such action is necessary for personal safety or safety of property of the Company, its Users or third parties, or to prevent fraud or other illegal activities: refuse to publish or delete Listings, Ratings, Reviews or other User Content or delay their publication; cancel all bookings under consideration or confirmed bookings; restrict your access to the Company Platform or your use of the Company Platform; temporarily block or permanently deprive your Account; temporarily, and in case of gross or repeated violations - permanently, terminate your Account and prohibit access to the Company Platform. If violations are not material, you will be sent a notification about the measures planned by the Company, with a proposal to eliminate the cause of the violation in accordance with the Company's requirements.

16.6. If any of the measures indicated above have been applied to you, then (i) we may decide to fully refund Tenants for all confirmed and subsequently cancelled bookings regardless of the applicable cancellation rules, and (ii) you will not be entitled to any compensation for bookings under consideration or confirmed bookings that have been cancelled.

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

17. Waiver of Rights and Claims
17.1. The User uses the Company Platform and content voluntarily and at their own risk. The Company Platform and content are provided on an "as is" basis, without any express or implied warranties.

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

17.3. The fact that we conduct identity verification or background checks on any User to the extent permitted by applicable law does not entail the provision of express or implied warranties that all offenses committed by Users in the past will be established as a result of the verification, as well as that their offenses in the future will be excluded.

17.4. You agree that some additional Owner Services and the Group Payment Service may involve certain risks. By using these Owner Services, you voluntarily assume these risks. Thus, some Owner Services may involve risks of illness, injury, physical injury or death, and by using Owner Services, you voluntarily and knowingly assume these risks. You assume full responsibility for actions taken before, during and after using Owner Services and the Group Payment Service. If you are traveling with minor children, the User bears sole responsibility for these children when using Owner Services. You undertake to release and protect the Company from any liability and claims arising in case of injury, death, damage or harm to these minors during the use of Owner Services or in connection with them, to the maximum extent permitted by law.

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

18. Limitation of Company Liability

18.1. The Company provides no warranties regarding error-free and uninterrupted operation of the Service or its individual components and/or functions, including the ES signing function through the Service, compliance of the Service with specific User goals, and provides no other warranties not expressly stated 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, except in cases expressly provided by law.

18.3. The Company is responsible for the proper collection, processing and routing of funds, resolution of refund issues and payments to users.

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

18.5. In case of disputes, the resolution of which is not achieved by the Tenant and the Owner within the framework of normal communication conducted between these persons in the Service with the mediation of the Company, the Tenant and the Owner undertake to subsequently independently settle disputes by methods and in the manner chosen by them jointly or by each separately without involving the Company.

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

18.6. The Company does not guarantee the achievement of any specific result when using the Service by the User, in particular does not guarantee the acceptance of the User's Application/Statement for consideration, the actual search for a counterparty to enter into a lease agreement, compliance of the terms of the lease agreement, the condition of the Property, the actions of the counterparty under the lease agreement with 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 the use of information, including assessing the reliability, completeness or usefulness of this information, as well as its compliance with the legislation of the Republic of Kazakhstan.

18.8. The Company reserves the right at its discretion to restrict the User's access to the Service (or to certain functions of the Service, if technologically possible) using their account or to completely block the User's account, refuse assistance in searching for a potential Tenant of the Property, in concluding a lease agreement for the Property selected by the Tenant with the Owner without giving reasons, including in case of repeated or gross violation of the User Agreement, Terms (for Owners and Tenants) and Rules, or apply other measures to the User in order to comply with legal requirements or the rights and legitimate interests of third parties.

18.9. Payment by the Tenant of the Owner's expenses for payment of utility and other services is made by agreement with the Owner.

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

19. User Responsibility

19.1. You agree that to the maximum extent permitted by law, you assume all risk arising in connection with your access to or use of the Company Platform and user content, posting or booking Listings through the Company Platform, your stay in the Property, or other interaction 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 executing the Service Agreement through the Personal Cabinet. The User is aware and agrees that the notice sent through the Personal Cabinet is proper notification within the framework of this User Agreement. The User undertakes to regularly check the content of the Personal Cabinet and independently bears the risks associated with untimely receipt of notifications from the Service.

19.3. Neither the Company nor any other person participating in providing the Company Platform or Collective Content is liable for incidental damages, damages determined by special circumstances of the case, as well as for damages awarded by way of punishment, or incidental damages, including lost profits, data loss or damage to business reputation, service interruptions, computer damage or system failures, costs of replacing products or services, for any damages resulting from personal harm, for bodily injury or moral damage arising in connection with: (i) these Terms, (ii) related to the use or inability to use the Company Platform or Collective Content, (iii) with communication, exchange of information or meetings with other Users or persons with whom you interact during the use of the Company Platform, (iv) with posting a Listing or booking housing under a Listing, including with providing or using Owner Services under a Listing, regardless of whether your claims are based on warranty or contract provisions, fact of tort (including negligence), product liability or other grounds, and regardless of whether the Company was informed of the possibility of such damages, even if it turns out that the use of limited remedies specified in these Terms does not achieve their main purpose. Except for our obligations to transfer payment to Owners according to these Terms or according to a confirmed claim under the Owner Guarantee, the aggregate liability of the Company arising in connection with these Terms and your use of the Company Platform, including as a result of posting Listings or booking housing under Listings through the Company Platform, use or inability to use the Company Platform or Collective Content, as well as in connection with additional services or when interacting with other Users, under no circumstances can exceed the amount that you paid or must pay for bookings through the Company Platform as a Tenant for the last 12 (twelve) months before the event that gave rise to liability.

20. Damage Compensation

20.1. To the maximum extent permitted by applicable law, the User agrees to release from liability, protect (at the Company's discretion), compensate for damage and protect the Company, and its officials, including directors, employees and agents, from any claims, liability, damage, losses and expenses, including reasonable legal and accounting expenses, in any way related to: (i) violation of these Terms, other Terms and Rules; (ii) improper use of the Company Platform or other Company Services; (iii) your interaction with Users, stay in the Property, including any claims for compensation for direct, unintentional or indirect damages related to the described interaction, stay, participation or use; (iv) your violation of laws, regulations or rights of third parties.

21. Applicable Law and Jurisdiction. Dispute Resolution

21.1. In resolving all disputes under this User Agreement, the current legislation of the Republic of Kazakhstan shall apply.

21.2. All disputes arising under this Agreement shall be resolved by the Parties through negotiations. In case of impossibility to resolve a dispute through negotiations, disputes shall be resolved in court in the manner provided for by the current legislation of the Republic of Kazakhstan.

21.3. For questions and claims related to the use or inability to use the Service, as well as possible violation of the law and/or rights of third parties in the Service, the User may send their request through the feedback form at: support@livin.kz

22. Other Provisions
22.1. The rights to all objects that make up the design of the Service as a whole and its individual elements, to the Service software, belong to the Company. The rights to objects included in the Service (text, visual, audio/video content, etc.) belong to their legal owners. For violation of the exclusive rights of the Company and (or) content owners or third parties, the User bears responsibility in accordance with the legislation of the Republic of Kazakhstan.

22.2. The Service functions are provided free of charge. Certain Services offered to be provided using the Service are provided under the corresponding conditions specified in this User Agreement.

22.3. Any information used in the Service is intended solely for personal non-commercial use. At the same time, any copying of Service data, including using automatic and other software means of accessing data, their reproduction, processing, distribution, bringing to public notice (publication) on the Internet, any use in mass media and/or for commercial purposes without prior written permission of the copyright holder is prohibited, except in cases expressly provided for by this User Agreement, Terms or Rules.

22.4. The agreement between the User and the Company described in this User Agreement comes into force at the moment when the User gains access to the Website Services (for example, to create a personal cabinet), and is valid until either Party terminates the agreement.