Terms of Use

1. Parties and Subject of the Agreement

1.1. These Terms of Use (the "Agreement") govern the use of the website idm-online.org, the cloud service platform cms.idm-online.org and the IDM-Online mobile application (together, the "Service").

1.2. "Owner" — PROMANALITIKA Limited Liability Partnership (BIN 210240005209), the rights holder of the Service.

1.3. "Customer" ("User") — a legal entity or individual entrepreneur that has entered into (accepted) this Agreement, as well as the Customer's employees using the Service through the accounts issued to the Customer.

1.4. "IDM-Online Service" — software enabling continuous monitoring of equipment condition by recording measurements of vibration, rotation speed and other parameters.

1.5. The subject of the Agreement is the grant to the Customer of the right to use the Service on the terms set out in this Agreement and, where applicable, in a separate contract between the Owner and the Customer.

2. Acceptance of Terms

2.1. This Agreement constitutes a public offer. By installing the application, signing in to the Service, or checking the acceptance box, the Customer is deemed to have agreed to all terms of this Agreement.

2.2. The Customer warrants that no legal restrictions on the use of online services apply to it and that the person accepting the Agreement has all necessary authority.

2.3. If the Customer does not agree with the terms of the Agreement, the Customer must stop using the Service, including uninstalling the application.

3. Account and Access

3.1. The Owner provides the Customer with role-based accounts required to use the Service: "User" and "Reliability Manager" roles per the Customer's workshops/divisions, plus an organization-level role with access to all workshops/divisions. The number of the Customer's employees using the role-based accounts is not limited. No account registration takes place inside the application.

3.2. The Customer independently distributes access to the role-based accounts among its employees, ensures the confidentiality of the credentials within the organization, and bears full responsibility for all actions performed using the accounts issued to it as for its own actions, regardless of which employee actually performed them.

3.3. The list of email addresses for receiving Service notifications is compiled by the Customer's authorized representative (Reliability Manager). The Customer warrants that addresses are added to the mailing list in compliance with personal data legislation, including obtaining the necessary consents of its employees, and shall indemnify the Owner for losses caused by a breach of this warranty.

3.4. It is prohibited to transfer the role-based accounts to third parties (outside the Customer's organization), to assign them, or to grant access to them to persons not authorized by the Customer.

4. Rules of Use

4.1. The Customer may perform the actions provided for by the Service and use its technical capabilities in accordance with the Service's intended purpose.

4.2. The Customer must not:

• examine the code, decompile, disassemble or modify the Service's software, or create derivative works based on it;
• take actions aimed at disrupting the normal operation of the Service, including attempts at unauthorized access;
• distribute Service data created by the Owner outside the purposes of using the Service;
• use the Service in ways that contradict this Agreement or the law;
• engage in any other unlawful activity.

4.3. The Customer undertakes to review the current version of the Agreement published on this page in a timely manner.

5. Diagnostics and Recommendations

5.1. The Service performs monitoring and analytics of equipment condition and does not itself take any corrective actions.

5.2. The Customer understands that the benefits of the Service can only be realized by responding to detected changes or deviations in equipment condition and taking the necessary corrective actions.

5.3. The Customer is responsible for any corrective actions (or failure to act) after the Service notifies of changes, deviations or anomalies in equipment condition, unless otherwise agreed by the Parties in a specific case.

5.4. The Service's notifications and analytics results are for information purposes and do not replace the decisions of the Customer's qualified personnel.

6. Fees and Maintenance

6.1. The right to use the Service is granted free of charge or for a fee depending on the options selected by the Customer. The price, payment procedure and scope of services are determined by a separate contract between the Owner and the Customer.

6.2. The Owner provides technical support for the Service. Requests are accepted at dev@idm-online.org on business days (Monday–Friday, 09:00–18:00 Almaty time, UTC+5). Incidents affecting monitoring operations are handled with priority; response times for Customers may be defined separately in the contract (SLA).

6.3. The Owner may fully or partially restrict the Service's functionality for technical, technological, maintenance or other reasons, with or without prior notice to Customers.

6.4. The Owner is not responsible for the quality and speed of the Customer's Internet access; for connectivity issues the Customer should contact its telecom provider.

7. Intellectual Property and Customer Data

7.1. Exclusive rights to the intellectual property related to the Service, including the software, belong to the Owner (state copyright registration certificate No. 28285 dated August 16, 2022). All rights reserved.

7.2. The Owner grants the Customer a limited, non-transferable, non-exclusive license to use the Service solely for the purposes contemplated by this Agreement. All rights not expressly granted to the Customer are reserved by the Owner.

7.3. The Customer's equipment data (telemetry, lists of monitored assets, reports) belongs to the Customer. The Owner processes such data for the purpose of providing the Service and may use it in de-identified (aggregated) form to improve the algorithms and quality of the Service.

7.4. For the application version distributed via the Apple App Store, the license is limited to use on Apple-branded devices owned or controlled by the Customer, in accordance with the usage rules set out in the Apple Media Services Terms and Conditions.

8. Personal Data

8.1. Personal data processing in connection with the use of the Service is governed by the Privacy Policy, which forms an integral part of this Agreement.

8.2. When providing the Owner with personal data of its employees (including email addresses for notification mailings), the Customer warrants that it has a legal basis for such transfer, including the consents of the personal data subjects.

9. Restriction of Access and Termination of Use

9.1. If the Customer breaches this Agreement, the Owner may, without prior notice, fully or partially restrict the Service's functionality, block the issued accounts, delete data created using them, and refuse further access.

9.2. The Customer may stop using the Service at any time. Deletion (blocking) of the role-based accounts is performed upon request of the Customer's authorized representative in accordance with Section 7 of the Privacy Policy.

9.3. Termination of use of the Service does not release the Customer from obligations that arose before termination.

10. Liability and Disputes

10.1. The Service is provided "as is". The Owner is not liable for any direct or indirect damage caused to the Customer or its equipment in connection with the use of, or inability to use, the Service, or for the Customer's inaction after receiving the Service's notifications.

10.2. The Owner is not liable for unlawful acts of third parties, including unauthorized access to accounts that occurred through no fault of the Owner.

10.3. The Customer shall indemnify the Owner and third parties for losses incurred in connection with the Customer's breach of this Agreement or infringement of copyright, exclusive or other rights.

10.4. The Parties are released from liability for non-performance caused by force majeure, including prohibitive acts of authorities, natural disasters, failures of telecommunications and power networks, malware, and bad-faith acts of third parties.

10.5. Matters not regulated by this Agreement are governed by the law of the Republic of Kazakhstan. Disputes shall be resolved by the court of Almaty, Republic of Kazakhstan, under the substantive and procedural law of the Republic of Kazakhstan. The language of proceedings is Russian.

Additional terms for the application obtained from the Apple App Store:

10.6. This Agreement is concluded between the Customer and the Owner, not with Apple Inc. ("Apple"); Apple is not responsible for the application or its content. Apple has no obligation to provide maintenance or support for the application.

10.7. In the event of the application's failure to conform to any applicable warranty, the Customer may notify Apple, and Apple will refund the purchase price of the application (if any); to the maximum extent permitted by law, Apple has no other warranty obligations.

10.8. The Owner, not Apple, is responsible for addressing any claims relating to the application (including product liability, legal or regulatory compliance and consumer protection claims), as well as third-party claims that the application infringes intellectual property rights.

10.9. The Customer represents that it is not located in a country subject to a U.S. Government embargo and is not listed on any U.S. Government list of prohibited or restricted parties.

10.10. Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against the Customer.

11. Changes to the Agreement

11.1. The Owner may unilaterally amend the terms of this Agreement. Amendments take effect 3 (three) days after the new version is published on this page.

11.2. If the Customer disagrees with the amendments, the Customer must stop using the Service. Continued use of the Service after the amendments take effect constitutes acceptance.

12. Company Details

PROMANALITIKA Limited Liability Partnership

BIN 210240005209
Registered address: 60 Auezov Street, Almalinsky District, Almaty, 050008, Republic of Kazakhstan
IIC KZ6596502F0013127918 with ForteBank JSC Branch in Almaty, BIC (SWIFT) IRTYKZKA
Director: Musa S. Smanov

E-mail: info@promanalitika.kz
Technical support: dev@idm-online.org
Phone: +7 (727) 350-58-68