Terms of Service (Public Offer)

1.1This document is an official public offer (the "Offer") by WHILETRUE LLP, BIN 250640007871, registered at [Registered address, Republic of Kazakhstan] (the "Operator"), addressed to any natural or legal person (the "Customer") to conclude an agreement for the provision of the birden services on the terms set out below.

1.2Under Article 396 of the Civil Code of the Republic of Kazakhstan, registration of an account at app.birden.kz, or any other use of the Service, constitutes full and unconditional acceptance of this Offer. From that moment the Operator and the Customer are bound by an agreement on the terms of this Offer (the "Agreement").

1.3The Acceptable Use Policy, the Privacy Policy, the Service Level Agreement and Refund terms and the Cookie Policy published at birden.kz/legal form an integral part of the Agreement.

1.4A Customer acting on behalf of a legal entity represents that they are authorised to bind that entity. In that case "Customer" refers to the legal entity.

1.5The Service may be used only by persons who are at least 18 years old or who have the legal capacity to enter into agreements under the law of their residence.

2.1"Service" means the birden platform: the website birden.kz, the dashboard at app.birden.kz, the API at api.birden.kz, the build and deployment infrastructure, preview and production hostnames, document storage and related documentation.

2.2"Account" means the Customer's registered record in the Service, identified by an email address.

2.3"Project" means a configuration created by the Customer that links a source code repository to build settings, environment variables, domains and storage.

2.4"Deployment" means a single build of a Project and the resulting artifacts or container image, identified by an immutable identifier.

2.5"Customer Content" means source code, build outputs, environment variables, files, documents in document storage and any other data that the Customer or the Customer's applications upload to or generate in the Service.

2.6"Plan" means a set of limits and prices published at birden.kz#pricing that applies to an Account.

3.1The Service builds Customer source code from a connected Git repository in an isolated container, publishes the result as a static site or as a Next.js application, assigns each Deployment a preview hostname, and routes production traffic for a Project to the Deployment chosen by the Customer, including on custom domains with TLS certificates issued by the Service.

3.2The Service may also provide a MongoDB-compatible document database per Project, encrypted storage of environment variables, build logs, usage metering and other features described in the documentation.

3.3The Service is hosted in the Republic of Kazakhstan on infrastructure of Yandex Cloud, Kazakhstan region. The Operator may change infrastructure providers provided that Customer Content remains stored in the Republic of Kazakhstan, except as described in the Privacy Policy.

3.4The Operator may add, change or discontinue features of the Service. Material reductions in functionality available on paid Plans will be announced at least 30 calendar days in advance by email or in the dashboard.

4.1To use the Service the Customer registers an Account with a valid email address and a password. The Customer is responsible for keeping credentials confidential and for all actions performed under the Account.

4.2The Customer must notify the Operator at support@birden.kz without delay if they suspect unauthorised use of the Account.

4.3One natural person may hold one free Account. The Operator may merge or close duplicate free Accounts created to circumvent Plan limits.

4.4The Operator may require verification of the email address or of the identity of a Customer that is a legal entity before enabling paid features or issuing invoices.

5.1The Customer undertakes to use the Service in accordance with the law of the Republic of Kazakhstan, these Terms and the Acceptable Use Policy, which lists prohibited content and activities, resource limits and enforcement measures.

5.2The Customer is solely responsible for Customer Content, for the applications they deploy, for the lawfulness of processing any personal data in those applications, and for obtaining the rights and licences required to host and distribute Customer Content.

5.3The Customer must not attempt to gain unauthorised access to the Service, to other customers' data or to the underlying infrastructure, interfere with the operation of the Service, or circumvent limits and metering.

6.1Prices are set in tenge (KZT) and include value added tax at the rate applicable in the Republic of Kazakhstan. Current prices and Plan limits are published at birden.kz#pricing. Prices marked as introductory may be changed after the beta period with at least 30 calendar days' notice.

6.2Paid Plans are billed monthly in advance. A paid Plan starts on the day of payment and renews for successive monthly periods until cancelled. Downgrades and cancellations take effect at the end of the current paid period.

6.3Natural persons pay by bank card through a payment provider licensed in the Republic of Kazakhstan. Legal entities and individual entrepreneurs may pay by bank transfer against an invoice; closing documents (act of services rendered, electronic VAT invoice) are issued in accordance with the tax legislation of the Republic of Kazakhstan.

6.4If a payment fails, the Operator may limit the Account to the free Plan after a grace period of 7 calendar days. Deployments exceeding free Plan limits may be stopped; Customer Content is retained for at least 30 calendar days after the downgrade.

6.5Refunds are governed by the Service Level Agreement and Refund terms.

6.6Usage above Plan limits (for example build minutes or traffic) is not billed automatically during the beta; instead the corresponding action is refused until the next period or an upgrade. The Operator will announce any overage pricing in advance.

7.1The Service is provided in a public beta. During the beta all Accounts use the limits of the free Plan and no fees are charged. Paid Plans will be activated at a date announced on birden.kz.

7.2During the beta the Operator may change limits, reset preview Deployments, perform maintenance without prior notice and introduce features that are not yet fully tested. The Customer should keep an independent copy of source code and of data stored in document storage.

7.3The beta is not intended for applications whose unavailability could endanger life, health, safety or cause significant financial loss.

8.1Availability targets, maintenance windows, incident communication and service credits (if any) are described in the Service Level Agreement. During the beta no service credits are provided.

8.2Support is provided by email at support@birden.kz in Russian, Kazakh and English on business days in the Republic of Kazakhstan. Response time targets, where applicable, are stated in the Plan description.

9.1Customer Content remains the property of the Customer or its licensors. The Customer grants the Operator a non-exclusive licence to store, copy, build, execute, cache and transmit Customer Content solely to the extent necessary to provide the Service.

9.2Processing of personal data of the Customer and of the Customer's users is described in the Privacy Policy. With respect to personal data processed inside the Customer's applications and document storage, the Customer is the data controller (operator within the meaning of the Law of the Republic of Kazakhstan "On Personal Data and Their Protection") and the Operator acts on the Customer's instructions.

9.3The Operator does not access Customer Content except as needed to operate the Service, to investigate violations of the Agreement, to respond to lawful requests of state authorities of the Republic of Kazakhstan, or with the Customer's consent.

9.4On termination of the Agreement the Operator deletes Customer Content within 30 calendar days, except for backups, which are overwritten in the normal cycle of up to 90 calendar days, and for records that must be retained by law.

10.1The Service, its software, design, documentation and trademarks belong to the Operator or its licensors and are protected by the legislation of the Republic of Kazakhstan and international treaties. The Agreement does not transfer any intellectual property rights to the Customer other than the right to use the Service.

10.2The Customer may not copy, modify, decompile or create derivative works of the Service software, or use the birden name and logo without the Operator's written consent, other than to state that a site is hosted on birden.

11.1The Operator may suspend an Account, a Project or a Deployment, in whole or in part, where: the Customer breaches the Agreement or the Acceptable Use Policy; the Service is used in a manner that threatens its security or stability or the rights of third parties; payment is overdue; or suspension is required by law or by a competent authority.

11.2Where possible the Operator notifies the Customer before suspension and allows a reasonable time to remedy the breach. In urgent cases (attacks, malware, illegal content, abuse of resources) the Operator may suspend immediately and notify afterwards.

11.3The Customer may terminate the Agreement at any time by deleting the Account in the dashboard or by writing to support@birden.kz. Prepaid amounts are not refunded except as provided in the Refund terms.

11.4The Operator may terminate the Agreement with 30 calendar days' notice, or immediately in the event of a material breach that is not remedied within 10 calendar days of notice, or if the Service is discontinued. In the latter case the Operator refunds the unused part of any prepaid period.

12.1The Service is provided "as is" and "as available". Other than as expressly stated in the Service Level Agreement, the Operator makes no warranties as to uninterrupted or error-free operation, fitness for a particular purpose, or compatibility with any specific framework version or third-party service.

12.2The Operator is not responsible for the operation of third-party services the Customer connects to the Service (such as GitHub, domain registrars, DNS providers or payment providers) or for defects in the Customer's own code and dependencies.

13.1To the extent permitted by the legislation of the Republic of Kazakhstan, the Operator's total liability under the Agreement for any calendar month is limited to the fees actually paid by the Customer for the Service for that month. For free Accounts the liability is limited to 10 (ten) monthly calculation indices.

13.2The Operator is not liable for lost profits, loss of data caused by the Customer's failure to keep copies, loss of business, or indirect damages, except where such liability cannot be excluded by law.

13.3Neither party is liable for failure to perform caused by force majeure: natural disasters, acts of state authorities, outages of public utilities or communication networks, large-scale attacks on communication infrastructure, and other circumstances beyond the reasonable control of the party.

13.4The Customer indemnifies the Operator against claims of third parties arising from Customer Content or from the Customer's breach of the Agreement.

14.1The Agreement is governed by the law of the Republic of Kazakhstan.

14.2Disputes are resolved through negotiations. A party must first send a written claim to the other party (for the Operator: support@birden.kz or the registered address). The claim is considered within 30 calendar days of receipt.

14.3If a dispute is not resolved, it is referred to the court at the Operator's registered location in accordance with the Civil Procedure Code of the Republic of Kazakhstan. Consumers retain the rights granted by the Law of the Republic of Kazakhstan "On Protection of Consumer Rights", including the right to bring a claim at their place of residence.

15.1The Operator may amend this Offer. The current version is published at birden.kz/legal/terms with the date of the last update. Material changes are announced at least 15 calendar days before they take effect by email to the Account address or in the dashboard.

15.2Continued use of the Service after the changes take effect constitutes acceptance of the amended Terms. A Customer who does not agree with the changes may terminate the Agreement before they take effect.

16.1Operator: WHILETRUE LLP. BIN: 250640007871. Registered address: [Registered address, Republic of Kazakhstan]. Bank details: [Bank, IIC, BIC]. Email: support@birden.kz.

16.2This Offer is published in English, Russian and Kazakh. In case of discrepancies the Russian version prevails.