videocut.kz

Public Offer

Version 10. Effective date:

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

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 clips in the format chosen by the Customer when placing the Order — 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.

2.5. The services are provided with the use of artificial intelligence systems: selection of fragments, framing, speech recognition and translation, and — where selected by the Customer — speech synthesis. The Customer is notified of this before entering into the Contract. Labelling requirements for a result containing synthesized speech are set out in clause 8.10.

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:

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. Payment methods: a Kaspi remote invoice issued to the phone number provided by the Customer; payment via the Kaspi QR code on the purchase page (accepted by the Kaspi app); payment against an invoice with a QR code sent to the email address, with a bank card of any bank of the Republic of Kazakhstan; for legal entities — a transfer to the Contractor’s bank account against an issued invoice. The invoice, the payment link or the remote invoice is sent to the Customer within one day from the moment the Order is placed, to the email address or the phone number provided by the Customer at registration or when placing the Order. When paying via a link or a QR code, the Customer states the purchase number in the payment comment.

4.4. The Customer’s payment obligation is deemed performed from the moment the funds are credited to the Contractor’s account. Commissions charged to the Customer by the Customer’s own bank or payment system 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.

4.9. Payment in an incorrect amount.

4.9.1. Payment is made in the amount equal to the price of the selected Package. The amount is shown on the purchase page, in the invoice and next to the QR code.

4.9.2. If the amount received is not equal to the price of the selected Package (less or more), no minutes are credited to the Customer’s balance, and the funds received are returned to the Customer in full. The Customer may pay again in the correct amount or choose another Package. Neither a partial refund of the amount received nor crediting minutes in proportion to that amount is made.

4.9.3. The Contractor notifies the Customer of such a refund within 1 (one) business day from the moment the discrepancy is discovered.

4.9.4. If the purpose of the payment does not allow the purchase to be identified (the purchase number is not stated), the minutes are credited after the Customer confirms that the payment belongs to them.

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 publicly available video or uploads a video file to the Service. The ability to obtain the video by link depends on the restrictions of the source and is not guaranteed by the Contractor; where this is not possible, the video may be uploaded as a file. 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 maximum duration of the source video is established by the Contractor and stated on the Order placement page. A video exceeding that limit is not accepted for processing; the refusal occurs before minutes are charged, and the Customer's minutes are not consumed. If no limit is stated on the Order placement page, no maximum duration is established. Processing of long recordings takes considerably more time, of which the Service warns when the Order is placed; the amount charged for such an Order is determined by the duration of the source the processed recording (clause 6.3).

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 the Customer places the Order, unless a different period is specified in the Tariff. This period applies to all Orders, including the Trial Order (clause 6.9), regardless of whether minutes were charged for the Order. Processing of a recording of up to one hour, without translation into another language, usually takes from 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, and also by the time spent awaiting the Customer's approval of the subtitle translation, where the Customer selected the preview of the translation when placing the Order. The running of the period is suspended from the moment the translation is placed in the Personal Account and resumes from the moment the Customer's approval or amended text is received.

5.5.1. Awaiting approval of the translation. An Order for which the Customer selected the preview of the translation is suspended once the translation has been prepared and is not processed further until the Customer's response is received. The source video and intermediate results are stored for the whole period of waiting. The Customer may withdraw from such an Order on the terms of clause 7.1, with minutes refunded in full.

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 each of them is placed.

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 the format chosen by the Customer when placing the Order, at a resolution no higher than Full HD; the resolution of a Clip depends on the chosen format and is stated on the help page. 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 expected number of Clips is determined by the duration of the recording being processed and the selected Clip duration, is shown to the Customer when the Order is placed, before it is started, and does not depend on the results of the subsequent analysis of the recording. The expected number is an estimate; the actual number of Clips depends on the content of the recording (clause 5.8). The Service does not produce more than forty Clips for each hour of the recording’s duration.

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 expected number of Clips 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 the expected 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 info@videocut.kz.

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 result of the Order is first delivered — that is, from the placement of the last Clip of the first processing pass. Reprocessing of the Order (clause 5.6.3), the introduction of edits (clause 5.28) and rebuilding with a change of styling (clause 5.27) do not extend the storage period. Upon the expiry of that period the Contractor may delete the Clips; 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.

5.12.1. Translation of subtitles. Translation into another language is performed automatically, by means of machine translation, and is not checked by a human. The translation conveys the meaning of what is said and is not literal: word order, set expressions, forms of address and terms may be rendered differently from the original. Proper names, titles, abbreviations and professional terms may be translated inaccurately or left untranslated. Translated subtitles are shown according to the timing of the original speech and are synchronised with it approximately: the same phrase takes different time to say in different languages, so an exact match between the subtitle boundaries and the speech is unattainable.

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:

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.

Discrepancies between the translation and the original that do not distort the meaning of what is said likewise do not constitute a defect of the service: a different word order, a different choice of synonyms and set expressions, inaccuracies in proper names and terms, and a mismatch between the boundaries of the translated subtitles and the speech (clause 5.12.1). A material error of translation means translation into a language other than the one chosen by the Customer, and the loss or distortion of the meaning of whole phrases.

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 info@videocut.kz, 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 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. A change of styling is provided once in respect of each Clip; a Clip whose styling has already been changed is not included in subsequent re-assemblies. The right to a free assembly based on the Customer’s changes (clause 5.28) is consumed separately and is not affected by this clause. 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 number of Clips included in a single re-assembly is not limited; the number of free changes of styling in respect of each Clip is established by clause 5.27.

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. An assembly based on the Customer’s changes is provided once in respect of each Clip. This right does not coincide with the right to a change of styling (clause 5.27): each of them is consumed by its own kind of assembly, in any order. An assembly that did not take place for reasons attributable to the Contractor does not consume the right. 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 processed recording, rounded up to a whole minute. If the Customer has selected a fragment of the source video, the duration of the selected fragment is consumed. For example: a 3-minute recording consumes 3 minutes; 25 minutes 30 seconds — 26 minutes; 60 minutes — 60 minutes; 2 hours 10 minutes — 130 minutes. The minimum duration of a processed recording depends on the selected Clip duration, is set by the Tariffs and is shown to the Customer when placing an Order. 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 5 (five) 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:

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 withdraw from the performance of an Order until the moment the result is delivered to them — that is, while no Clip for the Order has been made available in the Personal Account. The minutes charged for such an Order are returned to the Customer’s balance in full, regardless of whether actual processing had begun. The option to cancel is shown in the Personal Account and disappears automatically once the first Clip is delivered.

7.2. After the first Clip has been delivered, the Order is not subject to cancellation: the service is deemed provided. This clause does not limit the rights of the Customer provided for by clauses 5.15 and 7.3.

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 Package for which the provision of services has begun (at least one minute has been spent) is non-refundable: 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 of such a Package are not refunded where the Customer voluntarily declines further use of the Service for reasons unrelated to a breach of obligations by the Contractor. A completely unused Package (not a single minute has been spent) is refunded to the Customer upon the Customer’s request submitted within 14 (fourteen) calendar days of the payment date, at the price at which the Package was purchased, in the manner set out in clauses 7.5 and 7.6. Other exceptions are the cases provided for by clauses 6.8, 6.10 and 7.3 of this Offer.

If the minutes charged for a cancelled or unperformed Order have been returned to the balance and the Package has not otherwise been used, the right to a refund of the price of the Package is retained in the general manner, including the period established by this clause.

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 info@videocut.kz, 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:

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.

8.9. If the Customer has selected voice-over of the Clips with synthesized speech, the result of processing contains synthetic content created with the use of artificial intelligence. The Service notifies the Customer of this before the Order is paid for; by selecting such voice-over the Customer confirms that the notice has been given.

8.10. Upon distribution of such result the Customer shall, at its own expense, ensure the visible notice of synthetic origin provided for by Article 21 of the Law of the Republic of Kazakhstan “On Artificial Intelligence” No. 230-VIII of 17 November 2025, as well as compliance with the rules of the publishing platforms. The Contractor is not liable for the consequences of the absence of such notice, including restriction, blocking or removal of the content by a platform and any liability provided for by law. Losses of the Contractor caused by a breach of this clause are compensated under clause 8.7.

8.11. The Customer represents and warrants that, in respect of the source video and other materials submitted, it either holds the exclusive right or the rightholder's permission, or uses the material under a public (free) licence permitting its adaptation and commercial use, and complies with that licence, including attribution. The Customer further represents that distribution of the result infringes neither third-party rights nor statutory requirements on the labelling of synthetic content. These representations concern facts within the Customer's sphere; the Contractor relies on them and is under no duty to verify them. Losses of the Contractor caused by inaccuracy of the representations are compensated under clause 8.7.

8.11.1. The service does not include cloning the voice of a particular person: voice-over is performed with standard synthetic voices that do not reproduce the voice of any identifiable individual.

8.11.2. If the source video contains images or voices of other persons, the Customer represents that it has obtained their consent to the use of their image (Article 145 of the Civil Code of the Republic of Kazakhstan) and to the processing of their personal data for the purposes of providing the services, including speech transcription, translation, creation of subtitles and voicing of their lines with synthesized speech, as well as to the transfer of such data to External services, including outside the Republic of Kazakhstan. The Customer settles the claims of such persons on its own. Losses of the Contractor caused by inaccuracy of this representation are compensated under clause 8.7.

8.12. The services are supplied for use in the Customer's entrepreneurial, professional or other income-generating activity (running channels and accounts, promotion of goods, works and services). The Customer confirms that it enters into the Contract otherwise than for personal, family or household needs. A Customer who is an individual using the services for personal needs shall notify the Contractor before paying for the Order.

8.14. When placing an Order with voice-over, the Customer confirms by a separate action that it has been notified of its duty to provide a visible notice of synthetic origin when distributing the Clips (clause 8.10). Such confirmation is given separately from acceptance of this offer and from any other consents and is recorded by the Service with the date and time.

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:

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.

14.6. This offer is published in the Kazakh, Russian and English languages. In the event of any discrepancy between the versions, the Kazakh version shall prevail. The English version is provided for convenience and shall not prevail.

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 info@videocut.kz. 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.

16.5. Time to respond to enquiries. The Contractor responds to the Customer’s enquiries sent to the Contractor’s email address within 1 (one) business day from receipt of the enquiry. This period neither replaces nor shortens the time for considering a claim (clause 16.2).

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 rural district, Besagash village, Voskhod-2030 gardening association, Akyn Sara street, 52
Email: info@videocut.kz, tel.: +7 777 347 87 17

Bank details and contacts are available on the Contacts & details page.