Attention. This document constitutes a public offer. By registering in the Toptar service and/or using it, you fully and unconditionally accept the terms of this offer and of the Privacy Policy. If you do not agree with the terms, do not use the service.
1. Terms and Definitions
1.1. Operator (Rightholder) means Plura LLP (Limited Liability Partnership), BIN 260640043859, registered at the address: Republic of Kazakhstan, 050000, Almaty, Almaly district, Zhambyl street, 155, apt. 67, which owns the rights to the Toptar service and provides access to it.
1.2. Service / Toptar means software (mobile applications for iOS and Android, as well as the accompanying server components and web resources) constituting a social network of polls, which allows Users to create polls, vote, view results, including in demographic breakdowns, follow other Users, comment, and use other functions.
1.3. User means a natural person who has completed registration, uses the Service, and has accepted the terms of this offer.
1.4. Account means the User’s account in the Service, providing access to the functions of the Service.
1.5. Content means any materials posted by the User in the Service: polls, answer options, texts, comments, images, name, avatar, profile description, and other data.
1.6. Poll means the principal unit of content of the Service: a question with answer options, to which the functions of voting, commenting, analytics, and (where chosen by the author) audience targeting apply.
1.7. Segment means a named set of demographic audience criteria that the author of a Poll may apply in order to display the Poll to a specific group of Users and to view statistics for that group.
1.8. Profile Survey Data means the User’s demographic information used for analytics and targeting: gender, age/date of birth, country and city of residence (specified at registration), as well as level of education and marital status (provided voluntarily).
1.9. Privacy Policy means the document establishing the procedure for the processing and protection of Users’ personal data, which constitutes an integral part of this offer.
1.10. Acceptance means the User’s full and unconditional acceptance of the terms of the offer by registering in and/or using the Service.
2. Subject Matter of the Offer
2.1. The Operator grants the User the right to use the functional capabilities of the Service on the terms of a simple (non-exclusive) license, and the User undertakes to use the Service in accordance with this offer and the legislation of the Republic of Kazakhstan.
2.2. As of the effective date of the offer, access to the basic functions of the Service is provided free of charge. The Operator has the right to introduce additional paid functions and services (see Section 11).
2.3. This offer governs the relations between the Operator and the User and does not create any relations of agency, partnership, joint activity, or employment.
3. Acceptance of the Offer and Conclusion of the Agreement
3.1. By virtue of Article 396 of the Civil Code of the Republic of Kazakhstan, acceptance of this offer is deemed to occur upon the User’s performance of any of the following actions: (a) completion of registration in the Service; (b) signing in to the Service via the Google or Apple providers; (c) actual use of any function of the Service.
3.2. By performing acceptance, the User confirms that they have read this offer and the Privacy Policy, understand them, and accept them in full.
3.3. The offer is deemed concluded from the moment of acceptance and remains in force indefinitely until terminated by either party in the manner provided for in Section 14.
4. Registration, Account, and Security
4.1. Registration is required to use most functions of the Service. Registration and sign-in are carried out via Google (Google Sign-In) or Apple (Apple Sign-In). The email address required for the Account is provided by the respective sign-in provider.
4.2. The User undertakes to provide accurate data and to keep it up to date.
4.3. The User is solely responsible for safeguarding access to the linked Google/Apple account and for all actions performed under their Account. The User must immediately notify the Operator of any unauthorized access.
4.4. As a general rule, one User uses one Account. The Operator has the right to restrict the creation of multiple Accounts used for bad-faith actions (vote manipulation, circumvention of blocks, and the like).
4.5. It is prohibited to transfer access to the Account to third parties, as well as to acquire, sell, or otherwise transfer Accounts.
5. Age Restrictions
5.1. The Service is intended for persons who have reached the age of 18 (eighteen) years. By registering, the User confirms that they have reached the specified age.
5.2. If the Operator becomes aware that an Account has been created by a person below the established age, such Account may be blocked and the relevant data deleted.
6. Rights and Obligations of the User
6.1. The User has the right:
- to create polls, vote, comment, give “likes,” make reposts, and save polls to bookmarks;
- to follow other Users and form a feed;
- to view aggregated poll results, including in demographic breakdowns, subject to anonymity restrictions;
- to create and apply Segments for targeting their own polls;
- to manage privacy and notification settings, and to edit and delete their Account and Content.
6.2. The User undertakes:
- to comply with this offer and the legislation of the Republic of Kazakhstan;
- not to violate the rights of third parties, including intellectual property rights and rights to honor, dignity, business reputation, and privacy;
- not to post prohibited Content (Section 7);
- not to use the Service for sending spam, misleading others, fraud, vote manipulation, or other bad-faith actions;
- not to perform actions that disrupt the normal operation of the Service (automated data collection without permission, circumvention of technical restrictions, malicious code, and the like).
7. Rules for Posting Content
7.1. The User is solely responsible for the Content they post and confirms that they hold all rights necessary for its posting.
7.2. It is prohibited to post Content that:
- violates the legislation of the Republic of Kazakhstan or international norms;
- contains calls to violence, extremism, terrorism, or the incitement of social, racial, ethnic, religious, or other discord;
- is pornographic, contains sexualized images of minors, or other unlawful material;
- infringes the intellectual property rights of third parties;
- contains personal data of third parties without their consent, defamation, insults, threats, or harassment;
- constitutes spam, fraud, misleading advertising, or malicious software.
7.3. The Operator does not carry out prior review of all Content; however, it has the right, at its own discretion or upon Users’ reports, to restrict access to Content, delete it, and apply measures against violators (Section 8).
8. Moderation, Reports, and Blocking
8.1. Users have the right to submit reports regarding Content, stating the reason (spam, adult material, incitement of hatred, violence, fraud, copyright infringement, politics, or other).
8.2. The Operator considers reports and provides the reporting party with a reasoned response within no more than 10 (ten) calendar days, and complies with the demands and directives of authorized state bodies within the time limits established by legislation. Based on the results of consideration, the Operator has the right to take measures: issuing a warning, restricting the visibility of or deleting Content, restricting individual functions, or temporarily or permanently blocking the Account.
8.3. The Operator has the right to block the Account or delete Content without prior notice in the event of a gross or repeated violation, as well as where there is a threat to the safety of Users or the Service.
9. Intellectual Property and License to Content
9.1. The exclusive rights to the Service (program code, design, trademarks, databases, and other elements) belong to the Operator and/or its licensors and are protected by legislation.
9.2. Content posted by the User remains the User’s property. By posting Content, the User grants the Operator a non-exclusive, royalty-free license, effective in the territory of all countries, to use such Content (storage, reproduction, display, format adaptation, presentation in the feed and in results, creation of derivative technical representations — for example, embeddings and thumbnails) to the extent necessary for the operation of the Service and its promotion.
9.3. The license specified in clause 9.2 terminates with respect to deleted Content within a reasonable technical period, with the exception of copies in backup archives, cases where retention is required by law, and depersonalized aggregated data.
9.4. The User is prohibited from copying, decompiling, or modifying the Service, as well as from using its elements in violation of the Operator’s rights.
10. Features of Functionality
10.1. Polls and Voting
The author of a poll may enable anonymity mode: in such a poll, the Users who have voted and their choices are not shown to other Users. In polls without anonymity mode, the fact of the User’s participation may be displayed in accordance with the User’s privacy settings; within the Operator’s systems, the vote is technically linked to the Account. Results are displayed in aggregated form. The author of a poll may limit the voting period, set one or multiple answer options, and allow or prohibit comments.
10.2. Demographic Analytics and Small Samples
Results may be displayed in demographic breakdowns based on the Profile Survey Data of the respondents. The User acknowledges that, where the number of respondents in a breakdown is small, aggregated indicators may indirectly characterize the responses of individual participants. The Operator has the right to apply measures of protection against the identification of Users through small samples (including setting minimum thresholds for displaying breakdowns).
10.3. Targeting and Segments
The author of a poll may apply a Segment, restricting the display of the poll to an audience that meets the specified demographic criteria. A limit applies to the number of simultaneously active Segments per User, as indicated in the Service. The distribution of the poll’s display in the feed is determined by the Service’s algorithms.
10.4. AI Functions
Certain functions of the Service use artificial intelligence technologies (including Google Gemini) for classifying polls, building recommendations (vector representations of Content), generating brief analytical overviews, and generating Segment descriptions. The output of AI is of an auxiliary nature and may contain inaccuracies.
10.5. Notifications
The Service may send the User in-app notifications and push notifications. The User may manage notification categories in the settings.
11. Paid Functions (For the Future)
11.1. The Operator has the right to introduce paid functions, subscriptions, and other services provided for consideration. Their composition, cost, and terms will be determined by separate terms posted in the Service and (or) by the rules of the payment providers App Store and Google Play.
11.2. Payment for paid functions is made through the app stores (Apple App Store, Google Play) or other payment providers. The Operator does not store full payment card details.
11.3. Refund terms are governed by the rules of the respective app store and applicable consumer protection legislation.
11.4. The introduction of paid functions does not affect the terms of use of previously available free functions, unless expressly stated otherwise by the Operator.
12. Personal Data
12.1. The processing of Users’ personal data is carried out in accordance with the Privacy Policy and the Law of the Republic of Kazakhstan “On Personal Data and Their Protection.”
12.2. By accepting this offer, the User confirms their agreement with the Privacy Policy. The Operator does not request from the User and does not include in the profile information relating to special categories of personal data (including religious beliefs and political views); the User’s responses in polls are not used for profiling on the basis of such characteristics.
13. Disclaimer of Warranties and Limitation of Liability
13.1. The Service is provided on an “as is” and “as available” basis. The Operator does not warrant the uninterrupted and error-free operation of the Service, nor the Service’s conformity to all of the User’s expectations.
13.2. The Operator is not liable for Content posted by Users, for the accuracy of poll results, or for decisions made by the User on the basis of information from the Service.
13.3. To the maximum extent permitted by law, the Operator is not liable for indirect losses, lost profit, or loss of data arising in connection with the use of, or inability to use, the Service.
13.4. The limitations of liability apply to the extent permitted by the legislation of the Republic of Kazakhstan and do not affect consumer rights that cannot be limited by law.
14. Term, Amendment, and Termination
14.1. The Operator has the right to unilaterally amend this offer. The Operator notifies Users of material changes by available means (in the Service and/or by push notification); such changes take effect 10 (ten) calendar days after the posting of the new version, unless a later date is specified by the Operator. Other changes take effect from the moment of posting. Continued use of the Service after the changes take effect constitutes agreement with them.
14.2. The User has the right at any time to cease using the Service and to deactivate or delete the Account through the Service settings. Upon deletion of the Account, personal data is deleted or depersonalized in the manner established by the Privacy Policy; posted Content (polls, votes, comments) is retained in depersonalized form without any link to the User. Individual Content may be deleted using the Service’s tools prior to deletion of the Account.
14.3. The Operator has the right to suspend or terminate the User’s access to the Service in the event of a violation of the terms of the offer or upon discontinuation of the Service.
14.4. Upon deletion of the Account, the processing of personal data is terminated, and the data is deleted or depersonalized in the manner and within the time limits established by the Privacy Policy and legislation (see also clause 14.2).
14.5. The offer is published in the Kazakh and Russian languages. In the event of discrepancies between the language versions, the Russian-language version prevails.
15. Governing Law and Dispute Resolution
15.1. This offer is governed by the law of the Republic of Kazakhstan.
15.2. Disputes shall be resolved through negotiations; failing agreement, in court at the Operator’s location, unless otherwise established by mandatory provisions of consumer protection legislation.
15.3. The pre-action claim procedure is mandatory. The time limit for responding to a claim is 10 (ten) calendar days.
16. Operator’s Details
Name: Plura LLP (Limited Liability Partnership)
BIN: 260640043859
Registered address: Republic of Kazakhstan, 050000, Almaty, Almaly district, Zhambyl street, 155, apt. 67
Email for inquiries: support@toptar.kz
Email for personal data matters: support@toptar.kz