User Agreement

User Agreement

on the general terms of use of the mobile application “Kaush-UP”

This User Agreement (hereinafter referred to as the “Agreement”) establishes the general terms and conditions for using the Kaush-UP mobile application and is concluded between the Right Holder and the User.

1. TERMS AND DEFINITIONS

1.1. Right Holder – an individual, Olzhas Baykuanyshovich Kaushev, who is the developer, owner, and provider of the Application.
1.2. User – an individual (citizen of the Republic of Kazakhstan, foreign citizen, or stateless person) of legal age who has installed the Application on their device.
1.3. Application – the mobile software “Kaush-UP,” the exclusive rights to which belong to the Right Holder.
1.4. License – a simple (non-exclusive), revocable, non-transferable, and royalty-free license granted to the User to use the Application, including the entry and processing of data generated during registration and use of Kaush-UP.
1.5. Device – a mobile device with Internet access on which the Application is installed.
1.6. Agreement – this document governing the conditions for using the Kaush-UP mobile application, accepted by the User through downloading and installing the Application.

2. SUBJECT OF THE AGREEMENT

2.1. This Agreement defines the relationship between the Right Holder (owner of the exclusive rights to Kaush-UP) and the User. The Agreement constitutes a public offer in accordance with Article 447 of the Civil Code of the Republic of Kazakhstan.
2.2. The Right Holder grants the User, under the License, the right to use the Application and its services.
2.3. Under the License, the User may:

copy and install the Application to the Device memory;
reproduce the Application on the Device;
use the Application for its intended purposes, including push-up counting, voice guidance, and social features (training with friends).

2.4. The License remains valid from the moment the Application is installed and the Agreement is accepted until the Application is deleted from the Device.
2.5. By accepting this Agreement, the User confirms their legal capacity, the accuracy of the data provided, and consents to the processing of personal data in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V “On Personal Data and Their Protection.”
2.6. The Right Holder may improve the Application, modify its functionality, and amend this Agreement unilaterally. Continued use of the Application constitutes the User’s consent to such changes.
2.7. The User agrees to receive notifications related to the Application’s operation and services, including informational and promotional messages.

3. GENERAL PROVISIONS

3.1. Registration and use of the Application confirm the User’s full acceptance of this Agreement.
3.2. The Application allows the User to:

automatically count push-ups;
use multilingual voice guidance;
participate in workouts and challenges with friends;
store and view personal statistics.

3.3. To start using the Application, the User registers by entering their name or nickname.
3.4. The User’s name and password serve as identification credentials and have the same legal effect as a handwritten signature.
3.5. Multiple incorrect password entries may result in account blocking.
3.6. The User agrees to use the Application exclusively for personal, non-commercial purposes.
3.7. The User is prohibited from interfering with the Application’s operation, decompiling, distributing, reverse-engineering, or performing any actions that infringe the rights of the Right Holder.
3.8. The User is responsible for maintaining the confidentiality of their account data and access to their Device.
3.9. The Right Holder reserves the right to suspend or block the User’s access in case of a breach of this Agreement.

4. ADDITIONAL TERMS

4.1. The Right Holder may collect, store, and process technical and statistical information about the use of the Application (such as workout frequency, session duration, interface language, and other parameters) solely to improve stability, add new features, and enhance service quality.
4.2. The User agrees that the Application’s functionality may be modified, extended, or limited unilaterally by the Right Holder without prior notice.
4.3. All updates, additions, and new versions of the Application are subject to this Agreement unless separate terms or license agreements are provided.
4.4. The User acknowledges that proper functioning of the Application depends on Internet connectivity and the technical characteristics and condition of their Device.
4.5. The Right Holder may use anonymized User data (e.g., depersonalized workout statistics) for analytics, marketing research, and to improve user experience.

5. LIABILITY OF THE PARTIES

5.1. The User bears full responsibility to third parties for any actions performed in the Application, including posting information, participating in workouts with other Users, and using voice features.
5.2. The Right Holder shall not be liable for:

lost profits or indirect damages of the User;
loss of workout statistics due to hardware failures or lack of Internet access;
consequences of using the Application on devices infected with malware;
inability to use the Application due to technical limitations or malfunctions of the User’s Device.

5.3. The User undertakes to compensate the Right Holder for any losses resulting from their actions (such as hacking, unauthorized copying, or distribution of the Application) that cause damage or violate third-party rights.
5.4. Any disputes arising from this Agreement shall be resolved through negotiations. If no agreement is reached, disputes shall be submitted to the competent court of the Republic of Kazakhstan at the Right Holder’s place of residence.

6. FINAL PROVISIONS

6.1. This Agreement enters into force for the User upon installation of the Application on their Device and remains valid indefinitely until the Application is deleted.
6.2. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in effect.
6.3. The current version of this Agreement is available within the Application and may be reviewed by the User at any time.
6.4. For any questions or issues related to the use of the Application, the User may use the in-app feedback form.
6.5. Unless proven otherwise, any actions performed using the User’s Device and account are deemed to have been performed by the User.

6.6. The Right Holder does not guarantee that the Application will fully meet the User’s expectations or operate without errors or interruptions under all circumstances.