Public Offer
Effective date: Aug. 4, 2026
This document constitutes an official public proposal (a public offer) of ИП Королев (IE Korolev), IIN 780618050523 (the “Contractor”), addressed to an indefinite range of persons, to conclude a contract for the provision of services for a fee on the terms set out below.
The Offer has been drawn up in accordance with the Civil Code of the Republic of Kazakhstan (the provisions on public offers, acceptance and the provision of services for a fee), the Law of the Republic of Kazakhstan No. 274-IV of 4 May 2010 “On Consumer Protection” and other legislation of the Republic of Kazakhstan.
Please read the text of the Offer carefully. If you do not agree with any of its terms, do not perform the actions specified in section 3 and do not use the Service.
If you accept this Offer on behalf of a legal entity or an individual entrepreneur, you confirm that you have authority to bind that person to the terms of the Contract. In that case, “Customer” means such person.
1. Terms and definitions
- Service — the videocut.kz website and its functionality for the automatic processing of video using artificial intelligence technologies.
- Customer — a legally capable individual who has reached the age of 18, an individual entrepreneur or a legal entity that has accepted this Offer.
- Contract — a contract for the provision of services for a fee concluded between the Contractor and the Customer by way of acceptance of this Offer.
- Personal Account — the section of the Service available to the Customer after registration, in which Orders and the results of their processing are placed.
- Order — a task for the processing of one source video placed through the Service.
- Clips — short video fragments obtained as a result of the processing of the source video.
- Tariff — the set of conditions for the provision of services (volume, cost, period), the description of which is published on the Service website.
- Package — a prepaid volume of services expressed in processing minutes, available to the Customer for use in the Personal Account.
- Processing minute (the “minute”) — the unit of measurement of the volume of services: one minute of the duration of the source video. The procedure for consuming minutes, including rounding and the minimum volume of an Order, is set out in clause 6.3 of this offer.
- External services — providers of technological services engaged by the Contractor for the processing of video, including those located outside the Republic of Kazakhstan.
2. Subject matter of the Contract
2.1. The Contractor undertakes to provide the Customer with services for the automatic processing of video supplied by the Customer — the creation from it of short vertical clips — and the Customer undertakes to accept and pay for those services.
2.2. The services are provided remotely, through the Service. The result is provided in the Customer’s Personal Account in the form of links to the finished Clips.
2.3. The volume, cost and time for the provision of services are determined by the selected Tariff, the description of which is published on the Service website and forms an integral part of this Offer.
2.4. The services are provided with the involvement of External services. The procedure for the processing of personal data, including its cross-border transfer, is described in the Privacy Policy.
3. Procedure for concluding the Contract (acceptance)
3.1. Acceptance of this Offer, that is, the full and unconditional acceptance of its terms, is deemed to be the performance by the Customer of any of the following actions:
- registration in the Service;
- placing an Order through the Service;
- payment for the Contractor’s services.
3.2. From the moment of acceptance, the Contract is deemed concluded in written form on the terms of this Offer and is equated to a contract signed by the parties. The parties recognise the legal force of the Contract notwithstanding that it is concluded in electronic form and is not signed in handwriting.
3.3. By accepting the Offer, the Customer confirms that they have reached the age of 18, have the necessary legal capacity, have reviewed the terms of the Offer, the Tariffs, the Terms of Use and the Privacy Policy, and accepts them in full.
3.4. Individual terms (special volumes, corporate service) are formalised by a separate written agreement, which prevails over this Offer.
4. Cost of services and settlement procedure
4.1. The cost of the services is stated on the Service website in tenge (₸) and is determined by the selected Tariff.
4.2. The Contractor applies a special tax regime and is not a payer of value added tax. VAT is not charged.
4.3. Payment is made in the amount of 100% prepayment by the methods specified on the Service website at the time the Order is placed.
4.4. The Customer’s payment obligation is deemed performed from the moment the funds are credited to the Contractor’s account. Commissions of payment systems and banks are paid by the Customer.
4.5. The Contractor may change the Tariffs. The cost in effect at the time of payment applies to Orders already paid for. A change of Tariffs does not affect the cost and volume of Packages already purchased.
4.6. Correction of errors. Information on the website may contain typographical errors, inaccuracies or omissions, including in the description of services and prices. The Contractor may correct such errors and cancel Orders placed at an obviously erroneous price, having notified the Customer and refunded the payment in full. Placing an Order at an erroneous price does not give rise to an obligation to provide the service at that price.
4.7. Right to reject an Order. The Contractor may reject or restrict an Order, including by limiting the number of Orders from one Customer. Where a fraudulent transaction is suspected, the Contractor may suspend performance and request confirmation of the lawfulness of the payment. A rejected Order is subject to a refund of the payment in full.
4.8. At the Customer’s request, the Contractor sends a document confirming payment to the Customer’s email address.
5. Procedure for the provision and acceptance of services
5.1. To place an Order, the Customer specifies in the Service a link to a video hosted on the YouTube video hosting platform or uploads a video file to the Service. Where a link is specified, the Customer independently ensures that it remains operational throughout the entire processing period. Where a file is uploaded, the Customer is responsible for its suitability (clause 5.2.4), and the Contractor stores the file for the retention period of the result (clause 5.10). The size of the uploaded file is limited; the applicable limit is stated on the upload page.
5.2. Requirements for the source video.
5.2.1. Availability (for Orders placed by link). The video must be available for viewing at the specified link without authorisation and without age restrictions. Videos to which access is restricted are not accepted for processing, including videos marked with an age restriction, private videos, videos available only to channel members, or videos restricted by region. Such a video is technically unavailable for download, and an Order for it is not accepted or is rejected.
5.2.2. Format and resolution. The source video must be shot and published in horizontal (landscape) format — an aspect ratio of 16:9 or close to it. The recommended resolution of the source video is Full HD (1920×1080); a higher resolution, including 4K, is also acceptable. Processing of a video shot in vertical, square or any other non-standard format, as well as of a video with a resolution below Full HD, is possible; however, the Contractor does not guarantee the quality of framing, the legibility of subtitles or the quality of the Clips. Such a result does not constitute a defect of the service (clause 5.13), and the minutes charged for such an Order are non-refundable. The Contractor may reject such an Order under clause 5.9.
5.2.3. Duration. The minimum duration of the source video depends on the length of Clips chosen by the Customer and amounts to at least twice the greatest length of a Clip of the chosen format: 1 minute for Clips of up to 30 seconds, 2 minutes for Clips of 30–60 seconds, 3 minutes for Clips of 60–90 seconds and 6 minutes for Clips of 90 seconds – 3 minutes. Processing consists in selecting the best fragments of the recording, and in a shorter recording such selection is not possible. An Order for such a video is not accepted by the Service; the Customer may choose a shorter length of Clips or provide a longer recording. The minimum amount charged for an accepted Order is established by clause 6.3 irrespective of this clause.
5.2.4. Requirements for the uploaded file (for Orders placed by upload). The file must contain a video track and an audio track, be readable by standard video processing tools and have a non-zero duration, and its size must not exceed the limit stated on the upload page. The audio track requirement is material: the Service selects fragments based on speech and creates subtitles (clauses 5.12, 5.13), and therefore video without sound is not subject to processing. A file that does not meet this clause is not accepted for processing; the refusal occurs before minutes are charged, and the Customer’s minutes are not consumed. The requirements of clauses 5.2.2 and 5.2.3 apply to the uploaded file in full.
5.3. Languages. The supported languages of speech in the source video are Kazakh, Russian, English, Uzbek, Kyrgyz, Turkish, Spanish, German, French, Arabic and Hindi. The list of supported languages is shown when placing an Order and may be changed by the Contractor. Processing of videos in other languages is possible subject to prior agreement with the Contractor; in that case the Contractor does not guarantee the quality of speech recognition, titles and subtitles.
5.3.1. If several languages are spoken in the source video, the Customer specifies the predominant language when placing the Order or selects automatic detection. Reduced quality of speech recognition and subtitles for fragments in other languages does not constitute a defect of the service.
5.4. Prohibited content. Videos containing unlawful materials are not accepted for processing — in particular materials of a pornographic, extremist or terrorist nature, materials promoting violence, cruelty, suicide or the use of narcotic drugs, materials inciting discord, as well as other materials prohibited by the legislation of the Republic of Kazakhstan. The full list is set out in clause 2.2 of the Terms of Use and forms an integral part of this Offer. Where such content is identified, the Contractor may refuse to process the Order and terminate the Customer’s access to the Service in the manner provided for by the Terms of Use. Minutes charged for such an Order are not refunded.
The Contractor does not carry out prior review of the content of uploaded files but may check them by automated means. Where content referred to in this clause is identified, the Contractor may immediately delete the uploaded file, refuse to process the Order and terminate the Customer’s access to the Service in the manner provided for by the Terms of Use; minutes charged for such an Order are not refunded. Information about the Customer, the time of the upload and the address from which it was made is retained by the Contractor and may be provided to authorised bodies in the cases provided for by the legislation of the Republic of Kazakhstan.
5.5. The time for the provision of services under a one-off Order is no more than 1 (one) day from the moment minutes are charged for the Order, unless a different period is specified in the Tariff. Processing of a recording up to one hour long usually takes up to 15 (fifteen) minutes; that time is indicative, does not constitute the time for the provision of services and does not give rise to any obligations of the Contractor. The period is extended by the time during which the Customer has not provided the necessary data or access to the source video.
Orders are processed in the order in which they are received. Where the Customer places several Orders, the period established by this clause is calculated separately for each Order from the moment its processing begins.
5.6. The result is placed in the Personal Account as individual Clips become ready: a Clip becomes available to the Customer immediately after it has been produced, without waiting for the processing of the Order as a whole to be completed. The progress of processing and the number of ready Clips are shown in the Personal Account. Notification that the processing of the Order has been completed is sent to the email address specified upon registration once — when the Order as a whole is ready; the Contractor does not notify the Customer of the placement of individual Clips. Clips are provided in vertical format at a resolution no higher than Full HD (1080×1920). If the resolution of the source video is higher (including 4K), the Clips are nonetheless produced in Full HD; if it is lower, the quality of the Clips does not exceed the quality of the source video, and no upscaling is performed.
5.6.1. An Order is deemed completed from the moment the last Clip of the Order is placed. Until that moment the result is deemed to be placed in part, and the number of Clips placed is not final.
5.6.2. Incomplete result. The Service determines the number of Clips when analysing the recording and displays it in the Personal Account. If, for technical reasons, only some of the Clips have been produced, the Clips produced are placed for the Customer and the Order is completed with an incomplete result.
If fewer than half of the number of Clips determined by the Service have been produced, the service is deemed not to have been provided: the minutes charged for such an Order are returned to the Customer’s balance in full, and the Clips placed remain available to the Customer for the period established by clause 5.10.
If half of that number of Clips or more have been produced, the service is deemed to have been provided and the minutes charged are deemed consumed. This clause does not limit the rights of the Customer provided for by clauses 5.15 and 7.3.
5.6.3. The Customer may submit an Order completed with an incomplete result for reprocessing using the Service. Reprocessing of an Order completed with an incomplete result is carried out free of charge and does not consume minutes.
5.7. The services are deemed to have been provided properly and accepted by the Customer if, within 2 (two) business days from the moment the Order is completed (clause 5.6.1), the Customer has not sent the Contractor reasoned written comments to videocut.kz@gmail.com.
5.8. Where comments are well-founded, the Contractor remedies the defects or provides the service again at no additional charge. The Customer’s creative preferences (the choice of moments, the style of subtitles, framing) do not constitute a defect of the service if the result corresponds to the description of the Tariff.
5.9. The Contractor may refuse to perform an Order with a refund of the payment if the source video is technically unsuitable for processing (damaged, unavailable, contains no speech, or has an unsupported format or duration). For Orders placed by uploading a file, a failure of the file to meet the requirements of clause 5.2.4 — including the absence of an audio track, damage to the file or exceeding the permitted size — is also a ground.
5.10. Clips are stored in the Personal Account for at least 7 (seven) calendar days from the moment the Order is completed (clause 5.6.1); upon the expiry of that period the Contractor may delete them. Customers are advised to download their results within that period.
5.11. The Contractor regularly creates backup copies of the Service data but does not guarantee the restoration of Clips deleted upon the expiry of the storage period.
5.12. Titles and subtitles. The titles and subtitles of Clips are generated automatically by means of speech recognition. The Contractor does not guarantee their complete accuracy, in particular in respect of proper names, specialist terms, abbreviations and recordings with mixed languages. The Customer may rename the Clip file after downloading it.
5.13. What constitutes a subtitle error. Individual recognition inaccuracies — typographical errors, errors in the spelling of proper names, terms and abbreviations — that do not distort the meaning of what is said do not constitute a defect of the service: subtitles are generated automatically, of which the Customer is notified by clause 5.12. The following likewise do not constitute a defect of the service:
- word wrapping performed without observing hyphenation rules, where the text does not fit on a single line;
- incomplete display of the Clip title, where it does not fit on the screen;
- a resolution of the Clips below Full HD, where the resolution of the source video was below Full HD;
- the quality of framing of the Clips.
A material error is deemed to be the incorrect determination of the language of the source video, a discrepancy between the subtitles and the speech spoken, or their loss of synchronisation with the speech by more than 2 (two) seconds.
5.14. Procedure of correction. The Customer corrects errors in the subtitles themselves, using the Service, in the manner set out in clause 5.28: the subtitle text is edited in the editor in the Personal Account, after which the Clip is assembled anew free of charge and without consuming minutes. Sending a comment to the Contractor is not required for this. The possibility of such a correction remains throughout the storage period of the result (clause 5.10) and provided that the source video is available (clause 5.28.2).
5.15. If a material error is widespread or cannot be remedied by means of the editor — in particular, where the language of the source video has been determined incorrectly or the subtitles have lost synchronisation with the speech — the service under that Order is deemed to have been provided improperly, and clause 7.3 of this Offer applies. In that case the Customer sends a comment to videocut.kz@gmail.com, specifying the particular Clips, within the period established by clause 5.22. That period is established for the free-of-charge remedying of defects under this clause and does not limit the rights of a Customer who is a consumer under the consumer protection legislation of the Republic of Kazakhstan.
5.16. Moment of acceptance. The Services are deemed to have been rendered by the Contractor properly and in full, and accepted by the Customer without remarks, from the moment access to the Result is provided — that is, when the Clips are placed in the Customer’s personal account. This clause applies subject to clauses 5.7, 5.14 and 5.15 of this Offer, which set the period for sending comments and the procedure for remedying them.
5.17. Statement of work. Where the Customer is an individual entrepreneur or a legal entity, the Contractor issues a statement of completed work (services rendered) in form R-1 in electronic form or sends it to the Customer’s email address specified when placing the order. At the Customer’s request, the statement is drawn up and signed in the electronic invoice information system (IS ESF).
5.18. The Customer undertakes to sign the statement of completed work (services rendered) or to provide the Contractor with a reasoned written refusal to sign it, specifying the particular defects, within 3 (three) business days of its receipt (issuance).
5.19. If, within the period specified in clause 5.18, the Customer has neither returned a signed statement nor sent a reasoned written refusal, the Services are deemed accepted by the Customer in full without reservations or claims, and the statement of completed work (services rendered) is deemed drawn up and approved unilaterally by the Contractor, having full legal force for both Parties.
5.20. Payment of a remote invoice (including via Kaspi Pay / Kaspi Gold) or the making of a prepayment by the Customer constitutes full and unconditional acceptance of this Offer and confirms agreement with the acceptance procedure set out in this section.
Procedure for acceptance and free-of-charge revision. The Customer is obliged to inspect the result and to report defects within the periods and in the manner provided for by this Offer (Article 35 of the Law of the Republic of Kazakhstan “On Consumer Protection”).
5.21. The Contractor delivers the finished video material to the Customer by placing the Clips in the Personal Account and/or by sending a download link to the finished materials to the Customer’s email address or messenger specified when placing the order.
5.22. The Customer undertakes to check the video material against the parameters of the Order (the technical specification) within 2 (two) business days of its delivery under clause 5.21.
5.23. Within the period specified in clause 5.22, the Customer may send the Contractor a single list of comments on the deviations from the parameters of the Order that have been identified, for them to be remedied free of charge. Defects of the service include, in particular, non-compliance of the result with the parameters of the Order, loss of synchronisation between sound and image, and omission of a fragment of the source video.
5.24. If no comments are received from the Customer within the period specified in clause 5.22, the service is deemed to have been rendered properly and accepted by the Customer in full. Requests to change or revise the video material received after the expiry of that period are not performed under the accepted Order; the Customer may place a new Order on general terms, consuming minutes.
5.25. Changes to the specification and matters of taste — in particular replacing the background music, replacing or adding images, or selecting different fragments of the source video — do not constitute a defect of the service and do not form part of the subject matter of the Contract. The service consists of the automatic processing of the source video and the delivery of its result; individual editing, revision of Clips to the Customer’s creative requirements and any other work performed manually are not provided by the Contractor — neither under the Order nor for a separate fee. The Customer may revise the Clips received independently, exercise the right provided for in clause 5.27, or place a new Order with different parameters.
5.26. The periods established by clauses 5.22 and 5.23 govern the procedure for the free-of-charge remedying of defects and do not limit the rights of a Customer who is a consumer under the consumer protection legislation of the Republic of Kazakhstan.
5.27. Subtitle styling and re-assembly of Clips. When placing an Order the Customer selects a styling template for the subtitles and the title from those offered by the Service, or creates their own template using the Service. After receiving the result the Customer may free of charge and without any limit on the number of times change the styling template and receive the Clips of the same Order assembled anew with the new styling. No minutes are consumed for the re-assembly. Assemblies are carried out in queue order — after the Orders currently being processed.
5.27.1. Re-assembly is possible provided that, at the time of the request, the source video is available to the Contractor. For Orders placed by link, this means the availability of the video at the link specified by the Customer; the Contractor does not store such a video after the Order has been performed. For Orders placed by uploading a file, the Contractor stores the uploaded file for the retention period of the result (clause 5.10), upon the expiry of which the file is deleted irrecoverably. If the source video is unavailable — deleted, restricted, otherwise unavailable at the link, or the retention period of the uploaded file has expired — re-assembly is not carried out and the Clips delivered earlier remain at the Customer’s disposal unchanged. Unavailability of the source video does not constitute a defect of the service.
5.27.2. The re-assembled Clips replace the Clips previously delivered under the same Order. The storage period established by clause 5.10 is not extended thereby and runs from the moment the result was first made available. Re-assembly does not change the selected fragments of the source video, their number, boundaries or framing — only the styling of the subtitles and the title changes. Changes made by the Customer under clause 5.28 are retained.
5.27.3. Re-assembly is not carried out for Orders whose result has been deleted upon expiry of the storage period, nor for Orders performed by an engaged third party (clause 10.2). The Customer is not limited in the number of re-assemblies in respect of one Order.
5.28. Editing of finished Clips by the Customer. After receiving the result the Customer may, using the Service and free of charge, make the following changes to an individual Clip: shorten its beginning and (or) its end, change the text of the title, change the framing mode and the horizontal position of the frame, and correct speech recognition errors in the subtitle text. The Clip is then assembled anew automatically; no minutes are consumed for such assembly.
5.28.1. The changes are made by the Customer themselves; the Contractor does not provide manual editing or changes of taste (clause 5.25). The boundaries of a Clip may be moved inwards only, within the fragment selected earlier: beyond that fragment the source video has not been analysed by the Service. The Customer sees the result of the change in a preview before the assembly is started.
5.28.2. Editing is possible provided that, at the time of the request, the source video is available to the Contractor in accordance with clause 5.27.1 and the storage period of the result (clause 5.10) has not expired.
5.28.3. The number of free assemblies of Clips based on the Customer’s changes is not limited. Assemblies are carried out in queue order — after the Orders currently being processed.
5.28.4. The re-assembled Clip replaces the Clip previously delivered; the other Clips of the same Order remain unchanged. The storage period established by clause 5.10 is not extended thereby. Changes made by the Customer are retained upon a re-assembly of the Order under clause 5.27.
6. Packages
6.1. Services are provided on the basis of Packages: the Customer purchases a certain number of minutes, which they then spend on the processing of Orders. The number of minutes and the cost of Packages are determined by the Tariffs on the Service website.
6.2. The validity period of a Package is unlimited. Purchased minutes do not “expire” and remain available to the Customer until they are fully used, throughout the entire period of operation of the Service.
6.3. Procedure for consuming minutes. The processing of an Order consumes a number of minutes equal to the duration of the source video rounded up to a whole minute, but not less than 10 (ten) minutes per Order. For example: a video with a duration of 3 minutes consumes 10 minutes, 25 minutes 30 seconds — 26 minutes, 60 minutes — 60 minutes, 2 hours 10 minutes — 130 minutes. The minimum volume of an Order is established because the Contractor’s costs of accepting and processing an Order are not proportional to the duration of the video. The number of Clips obtained does not affect the amount charged.
6.4. If the balance of minutes is insufficient for the processing of a video, the Order is not accepted until the Customer purchases an additional Package. The number of minutes required for processing is determined by the duration of the source video and is displayed to the Customer before the Order is confirmed.
6.5. The balance of minutes is displayed in the Personal Account. Minutes are not electronic money or any other means of payment, are not subject to exchange for funds and may not be transferred to another Customer.
6.6. Automatic debiting of funds and automatic renewal of Packages do not apply: each subsequent Package is purchased by the Customer independently.
6.7. The Contractor may suspend the provision of services in the event of a breach by the Customer of the terms of the Contract or of the Terms of Use, having notified the Customer thereof. After the breach has been remedied, the balance of minutes is retained.
6.8. Cessation of the Service. If the Contractor ceases the operation of the Service, the Customer is refunded the cost of the unused balance of minutes, calculated at the purchase price of the corresponding Package. The Contractor notifies Customers of the cessation of the Service at least 30 (thirty) calendar days in advance and, during that period, ensures the ability to download the Clips that have been placed. The refund of that amount constitutes the sole and exhaustive compensation to the Customer in connection with the cessation of the Service; no other payments are made, including compensation for lost profit, the costs of migrating to other providers, or any other losses.
6.9. Trial Order. The Contractor may provide the Customer with a one-off free processing of one source video with a duration of up to 20 (twenty) minutes. A Trial Order provides no more than 4 (four) Clips, and the Contractor’s watermark is applied to them. A Trial Order is provided no more than once to one Customer. The Contractor may refuse to provide a Trial Order, including where repeated registration of one and the same person is identified. The terms of this Offer apply to a Trial Order in full, with the exception of the terms concerning payment.
6.10. Unilateral withdrawal by the Contractor from the Contract. The Contractor may decline to provide services further to a particular Customer and terminate that Customer’s access to the Service, having given the Customer at least 30 (thirty) calendar days’ notice to the email address specified upon registration. Grounds for such withdrawal include, but are not limited to:
- a volume of enquiries, comments or demands for correction of the result that substantially exceeds the ordinary volume and renders the further provision of services to that Customer economically unjustified for the Contractor;
- a nature or volume of Orders that goes beyond ordinary use of the Service or creates a disproportionate load on the Service and the External Services;
- systematic failure by the Customer to comply with the requirements for the source video established by this section and by section 5;
- a change in the terms of operation of the External Services that renders the provision of services to that Customer impossible or economically unjustified;
- other circumstances in which the continuation of the relationship with that Customer is contrary to the reasonable commercial interests of the Contractor.
From the moment the notice is sent, no new Orders are accepted from that Customer. Orders accepted for processing before the notice was sent are completed by the Contractor on the general terms of this Offer. During the notice period the Customer may download the Clips that have been placed in the Personal Account; from the moment the notice is sent the unused balance of minutes may no longer be spent. Upon expiry of that period the Contractor refunds to the Customer the value of the unused balance of minutes, calculated at the purchase price of the corresponding Package, in the manner and within the time limits established by clauses 7.5 and 7.6. The refund of that amount constitutes the sole and exhaustive compensation to the Customer in connection with such withdrawal; no other payments, including compensation for lost profit or any other losses, are made. This clause does not apply to cases of termination of access for breach of the Contract or the Terms of Use: such cases are governed by clauses 5.4, 6.7 and 8.5 of this Offer.
7. Withdrawal from services and refunds
7.1. The Customer may cancel an Order before its processing has begun. The minutes charged for such an Order are returned to the Customer’s balance in full.
7.2. After processing has begun, the Order is not subject to cancellation: the service is deemed provided and the minutes charged are deemed consumed. An exception is the case provided for by clause 5.6.2 of this Offer.
7.3. If the service has not been provided, or has been provided improperly through the fault of the Contractor, the Customer may, at their choice, demand the free repeat provision of the service or the return of the minutes charged to their balance. If, in that case, the Customer withdraws from the performance of the Contract and ceases further use of the Service, the cost of the unused balance of minutes is refunded to them, including the minutes charged for the Order in respect of which the service was not provided or was provided improperly. The refund is made in proportion to the services actually provided: the cost of one minute is determined as the price of the Package purchased divided by the number of minutes in it, and funds for minutes spent on Orders that were properly performed are not subject to refund.
7.4. A purchased Package is non-refundable. Since the validity period of minutes is unlimited and the Customer does not lose the paid volume of services, funds for the unused balance of minutes are not refunded where the Customer voluntarily declines further use of the Service for reasons unrelated to a breach of obligations by the Contractor. The exceptions are the cases provided for by clauses 6.8, 6.10 and 7.3 of this Offer.
7.5. A refund is made by the same method by which the payment was made, within 10 (ten) business days from the moment the Contractor receives the demand and the information necessary for the refund.
7.6. A refund demand is sent to videocut.kz@gmail.com, stating the Order number and the date and amount of payment.
7.7. The rights of a Customer who is a consumer, provided for by the Law of the Republic of Kazakhstan “On Consumer Protection”, are not limited by this section.
8. Rights to content and the Customer’s warranties
8.1. The Customer warrants that they hold all the necessary rights to the source video or act with the consent of the rightsholder, and that the processing of the video does not infringe the rights of third parties, including copyright and related rights, the right to a citizen’s image and rights to trademarks. The Customer further warrants that the source video does not contain the materials referred to in clause 5.4 and shall be liable for the Contractor’s losses caused by a breach of this warranty, including claims by third parties and authorised bodies.
8.2. The exclusive rights to the source video and to the resulting Clips belong to the Customer (the rightsholder of the source video). The Contractor acquires no rights to the Customer’s content.
8.3. The Customer grants the Contractor a limited, royalty-free licence to store, reproduce and transmit the source video and the Clips solely to the extent necessary for the provision of the service and for the period of its provision and of the storage of the result. The Contractor receives no other rights to the content.
8.4. The Contractor may use the results of processing in its portfolio and marketing materials only with the prior written consent of the Customer.
8.5. The Contractor does not carry out prior checking or moderation of the Customer’s content, except in cases necessary for the provision of the service. The Contractor may delete content, refuse processing or restrict access to the Service without prior notice:
- upon receipt of a complaint relating to such content;
- upon receipt of a notice of infringement of intellectual property rights;
- at the request of a state authority issued in the established manner;
- if the content may cause harm to users, to third parties or to the operability of the Service.
8.6. The deletion or blocking of content on the grounds set out in clause 8.5 does not give the Customer a right to claim compensation or damages, with the exception of a refund of the payment for an unprocessed Order.
8.7. If third parties bring claims against the Contractor in connection with the Customer’s content, the Customer undertakes to settle such claims independently and at their own expense, and also to compensate the Contractor for documented losses, including amounts of sanctions and reasonable expenses for legal assistance.
8.8. The rights to the Service, its software code, design, databases and trade designations belong to the Contractor. This Contract does not entail the transfer to the Customer of any rights to the intellectual property of the Contractor or of third parties.
9. Usage data and machine learning
9.1. The Contractor may collect and analyse depersonalised technical data relating to the operation of the Service: Order parameters, processing duration, error codes, request statistics (the “Usage Data”).
9.2. The Usage Data is used solely to ensure operability, to diagnose failures and to improve and develop the Service. It does not permit the identification of the Customer and does not contain the Customer’s content.
9.3. The Contractor does not use the Customer’s content (source videos and Clips) to train its own machine learning models and does not transfer it to third parties for such purposes, with the exception of transfer to External services to the extent necessary for the provision of the service.
9.4. The processing of content by External services is carried out on the terms of those services. The Customer is notified that External services may apply machine learning technologies in providing their services, and accepts this condition by accepting this Offer.
9.5. The rights to the technologies, algorithms and models used or developed by the Contractor in providing the services belong to the Contractor. The Contract does not grant the Customer any rights to such technologies.
10. Rights and obligations of the parties
10.1. The Contractor undertakes: to provide the services in the volume and within the time limits provided for by the Tariff; to ensure access to the Personal Account; to observe the confidentiality of the information received; to process personal data in accordance with the Privacy Policy.
10.2. The Contractor may: engage third parties in performance without the Customer’s consent, remaining responsible for the result; carry out technical works, giving notice of prolonged interruptions; change the functionality of the Service without reducing the volume of the services paid for.
10.3. The Customer undertakes: to provide accurate data; to pay for the services in good time; to comply with the Terms of Use; to independently ensure the safekeeping of the data for access to the Personal Account and to notify the Contractor immediately of any unauthorised access to it.
10.4. The Customer may: receive the services in the volume of the Tariff; seek support; demand the remedying of defects; withdraw from the services in the manner set out in section 7.
11. Liability of the parties
11.1. For the non-performance or improper performance of obligations, the parties bear liability in accordance with the legislation of the Republic of Kazakhstan, taking into account the provisions of this section.
11.2. The Service is provided on an “as is” and “as available” basis. The Contractor does not guarantee that the result of processing will fully match the Customer’s subjective expectations, that the operation of the Service will be uninterrupted and error-free, and does not guarantee that the Customer will achieve any commercial results (reach, views, sales).
11.3. The Contractor bears no liability for:
- failures and interruptions in the operation of External services, platforms and communication channels beyond its control;
- the actions of video hosting platforms, including the blocking or deletion of the Customer’s content;
- the impossibility of providing the services as a result of the Customer providing inaccurate data or the unavailability of the source video;
- the actions of third parties who have gained access to the Personal Account through the fault of the Customer;
- lost profit and other indirect losses of the Customer.
11.4. The aggregate liability of the Contractor under the Contract is limited to the cost of the services paid for by the Customer under the relevant Order, and, where processing is carried out against a Package, to the cost of the minutes charged for that Order.
11.5. The limitations of liability established by this section do not apply in cases where the legislation of the Republic of Kazakhstan does not permit the limitation of liability, including in relations with consumers and where harm is caused intentionally.
12. Force majeure
12.1. The parties are released from liability for the non-performance of obligations caused by force majeure circumstances: natural disasters, military action, acts of state authorities, mass failures of communication and power supply networks, and also the cessation of the operation of External services.
12.2. The party affected by such circumstances shall notify the other party within a reasonable time. The time for the performance of obligations is extended for the period of their duration.
12.3. If the circumstances last for more than 30 (thirty) calendar days, either party may withdraw from the Contract; the Contractor refunds the payment for services not provided.
13. Personal data and confidentiality
13.1. Personal data is processed in accordance with the Law of the Republic of Kazakhstan No. 94-V of 21 May 2013 “On Personal Data and Its Protection” and the Privacy Policy, which forms an integral part of this Offer.
13.2. The parties undertake not to disclose information of a confidential nature that has become known to them in the performance of the Contract, except in the cases provided for by the legislation of the Republic of Kazakhstan.
14. Validity period and amendment of the Offer
14.1. The Offer takes effect from the date specified at the beginning of the document and is valid until it is withdrawn by the Contractor.
14.2. The Contractor may unilaterally amend the Offer or withdraw it. A new version takes effect from the moment it is published on this page, unless a different date is specified in it; the effective date is indicated at the beginning of the document. The Contractor notifies Customers of material changes by email.
14.3. The version of the Offer in effect at the time of payment applies to Orders already paid for.
14.4. Continued use of the Service after the changes take effect means the Customer’s agreement with the new version.
14.5. The Contract is valid until the parties have fully performed their obligations and may be terminated by agreement of the parties, as well as unilaterally in the cases provided for by this Offer and by the legislation of the Republic of Kazakhstan.
15. Assignment of rights
15.1. The Customer may not transfer their rights and obligations under the Contract to third parties without the prior written consent of the Contractor.
15.2. The Contractor may transfer its rights and obligations under the Contract to a third party upon reorganisation or disposal of the business, having notified the Customer. The terms for the provision of services paid for are not thereby made less favourable.
16. Dispute resolution
16.1. The parties resolve disputes through negotiations. The pre-trial (claim) procedure is mandatory.
16.2. A claim is sent to videocut.kz@gmail.com. The period for considering a claim is 10 (ten) calendar days from the moment of its receipt.
16.3. If agreement is not reached, the dispute is referred to a court in accordance with the legislation of the Republic of Kazakhstan. The consumer’s right to choose the court of jurisdiction, provided for by law, is not limited.
16.4. The law of the Republic of Kazakhstan applies to the relations of the parties.
17. Miscellaneous
17.1. The parties recognise the legal force of electronic documents and messages sent to the email addresses specified upon registration and in the company details, on a par with documents on paper.
17.2. The Offer is published in the Russian, Kazakh and English languages. The Russian and Kazakh texts have equal legal force; the English version is a translation provided for the convenience of users. In the event of any discrepancy, the Kazakh text prevails.
17.3. If any term of the Offer is found to be invalid or unenforceable, the remaining terms retain full force.
17.4. In all matters not regulated by this Offer, the parties are governed by the legislation of the Republic of Kazakhstan.
18. Contractor’s details
ИП Королев (IE Korolev), IIN 780618050523
Kazakhstan, Almaty region, Talgar district, Besagash village
Email: videocut.kz@gmail.com,
tel.: +7 777 347 87 17
Full company details are available on the Contacts & details page.