User Agreement

1. General provisions

1.1. BERNEIZ is a digital platform through which advertisers, brands, agencies and other clients post tasks, and Creators, at their own discretion, accept and perform such tasks for a reward or another award provided for by the task.

1.2. The Platform provides technical, informational, organisational, settlement and other facilities for registering and maintaining an account, connecting and verifying social-network accounts, displaying and booking Tasks, receiving briefs, creating and publishing content, submitting reports, moderating and accepting results, accruing and paying rewards, running ratings and promotions, exchanging notifications and handling enquiries.

1.3. The Creator independently decides whether to register, which Tasks to choose and whether to take part in them. The Operator does not guarantee the Creator the availability of Tasks, any particular volume of work, any minimum income, continuous engagement or the availability of any specific Task.

1.4. This Agreement is not an employment contract and does not create employment relations between the Operator and the Creator. The Creator is not included in the staff, is not subject to internal labour regulations, has no fixed working schedule, receives no guaranteed salary, chooses Tasks independently, uses their own devices and accounts and bears their own expenses, unless the Task Card provides otherwise.

1.5. The Creator is not an employee, agent, representative or officer of the Operator or of the Client and has no right to act on their behalf, assume obligations, make official statements, promise discounts or results not provided for by the Task, hold themselves out as their employee or enter into official correspondence on their behalf.

2. Terms and definitions

2.1. Platform — the website, web interface, mobile application, Telegram Mini App, bot, server infrastructure and other digital services operated under the BERNEIZ designation.

2.2. Operator — the person that ensures the functioning of the Platform, the posting and administration of Tasks, the interaction between Clients and Creators, moderation, settlements and other related functions.

2.3. Client — an advertiser, brand, agency, venue, organisation, sole proprietor, legal entity or other person in whose interests a Task is posted.

2.4. Creator — a person registered on the Platform who independently accepts and performs Tasks.

2.5. Task — an offer to perform certain actions, including creating or publishing a post, a comment, a photograph, a video or a review, visiting a place, attending an event or performing another action provided for by the Task.

2.6. Task Card — the electronic page containing the individual terms of a specific Task; it forms an integral part of the contractual relations in respect of the relevant Task.

2.7. Slot — a limited place for participation in a Task, which may be temporarily assigned to a Creator. 2.8. Booking — the Creator's acceptance of a Task and reservation of an available Slot.

2.9. Creator's Material — text, a post, a comment, a photograph, a video, an audio recording, a design, a review, a link, a screenshot and any other result created or provided by the Creator in connection with the performance of a Task.

2.10. Moderation — verification of the result of a Task by the Operator, the Client or an automated system for compliance with the Task Card, the Agreement, the legislation and the rules of the social network.

2.11. Reward — a sum of money, a coupon, goods, a service, a discount, a bonus, a privilege or another award provided for by the Task Card.

2.12. Balance — the ledger record inside the Platform reflecting accrued, withheld, blocked and paid-out amounts. The Balance is not a bank account, an electronic wallet or a deposit.

3. Legal model of interaction

3.1. Unless the Task Card expressly provides otherwise, the Client is the customer of the Creator's services, and the Operator acts as the operator of an internet platform and the authorised organiser of the interaction between the Client and the Creator.

3.2. By accepting a Task, the Creator enters into a separate electronic agreement in respect of that specific Task with the Client identified or reliably identifiable in the Task Card. The Operator is entitled, on behalf and in the interests of the Client, to post Tasks, transmit requirements and materials, carry out communication and Moderation, accept the result, generate electronic documents, make settlements, handle enquiries, demand correction or deletion of a Material and apply the measures provided for by the Agreement.

3.3. In individual Tasks the Operator may itself act as the Client. Such a model must be reflected in the Task Card or follow from the substance of the Task.

3.4. Irrespective of the model of a specific Task, the provisions of the Agreement concerning compliance with advertising legislation, reputational safety, confidentiality, intellectual property, liability and indemnification apply in full.

4. Acceptance of the Agreement

4.1. This Agreement is a public offer.

4.2. Acceptance is effected upon registration on the Platform by the Creator ticking a separate consent box and pressing the “Accept”, “Register” or an equivalent button. The Booking of each Task constitutes an additional confirmation that the Agreement is in force, that the terms of the Task Card are accepted and that the Creator agrees with the amount of the Reward, the deadlines and the acceptance criteria. Browsing the Platform without registration and consent does not constitute Acceptance.

4.3. By accepting the Agreement, the Creator confirms that they:

1. have reached the age of 18 and have full legal capacity;
2. act on their own behalf or hold the necessary authority;
3. have read the Agreement and understand its terms;
4. have provided accurate information;
5. understand the advertising and commercial nature of the Tasks;
6. agree to comply with the legislation and the rules of social networks;
7. have read the Privacy Policy;
8. recognise the Client as a beneficiary in the cases provided for;
9. agree to the transfer to the Client of the minimum necessary information where there are lawful grounds for it.

4.4. The Platform's electronic records, including the date and time of registration, the version of the document accepted, the account identifier, the Telegram ID, the phone number, the email address, the IP address, the device identifier and the history of actions, may be used as evidence of the Creator's acceptance and actions.

5. Registration and account

5.1. In order to use the Platform, the Creator completes registration and provides the requested information.

5.2. Depending on the functionality, the nature of the Task and the tax status, the Operator is entitled to request the full name, date of birth, phone number, email, IIN (individual identification number), citizenship, country of tax residence, city of residence, bank details, information on status (individual/self-employed/sole proprietor/legal entity), links to social networks and documents for identification, taxation and payment purposes.

5.3. The Creator may complete initial registration before the final verification of tax status. The Operator is entitled to restrict Booking, accrual or withdrawal of funds until the verification is completed.

5.4. One individual may hold only one account, unless the Operator has permitted otherwise in writing.

5.5. The Creator undertakes to provide accurate and up-to-date information, to update it in good time, not to transfer the account, to ensure the security of access, to notify the Operator immediately of any unauthorised access and to use only accounts that belong to them or are lawfully controlled by them.

5.6. All actions performed through the Creator's account are presumed to have been performed by the Creator personally unless proven otherwise.

5.7. The Operator is entitled to carry out identification and verification, including verification of the phone number and email, the IIN and tax status, bank details, requests for documents, analysis of publicly available information, verification of accounts and checks for duplicate records, artificial engagement and fraud.

6. Social networks and verification

6.1. In order to take part in Tasks, the Creator may be required to connect or confirm an account on Threads, Instagram, TikTok, YouTube or another social network.

6.2. Verification may be carried out by means of official social-network authorisation, analysis of public data, third-party technical services, publication of a verification code or manual review by the Operator.

6.3. The Creator authorises the Operator to obtain and process, to the extent necessary, the username and profile link, the number of followers and posts, information on reach, views and engagement, data on publications, available demographic and analytical indicators and other public or voluntarily provided information.

6.4. The Operator is entitled to calculate an internal rating, rate, availability of Tasks and other indicators on the basis of account quality, audience characteristics, the history of Task performance, adherence to deadlines, Moderation results, complaints, indications of artificial engagement and other factors.

6.5. The Operator is not obliged to disclose the algorithms used to calculate the rating and rate or the procedure for displaying Tasks and allocating Slots.

7. Availability of tasks and slots

7.1. The Operator does not guarantee the availability of Tasks, the availability of any specific Task, the provision of Tasks to every Creator, any particular amount of Reward, any minimum income, an equal number of Tasks for different Creators or the ability to book a Task before all Slots are filled.

7.2. The number of Slots may be limited by budget, geography, account characteristics, rating, the Client's requirements, campaign deadlines and other parameters.

7.3. The display of a Task does not mean that a Slot is guaranteed. A Slot is deemed booked only after the corresponding confirmation in the Platform.

7.4. The Operator is entitled to allocate Tasks in the order of Booking, on the basis of rating, among pre-selected Creators, by means of an automated algorithm, on a competitive or auction basis, or according to other campaign criteria.

7.5. The Operator bears no liability if the Creator failed to complete a Booking in time, lost a Slot upon expiry of the reservation period, or did not receive a Task because of non-compliance with the criteria or because the budget/Slots were exhausted.

7.6. Before a Task is performed, the Operator or the Client is entitled to suspend the campaign, change the number of Slots and the availability for new participants, cancel unbooked Slots or terminate the campaign on legal, technical, reputational, commercial or other lawful grounds.

7.7. The terms of a Task that has already been booked are not changed retroactively, except for changes necessary to comply with the legislation and the rules of the social network, to protect users, to prevent material damage or to correct an obvious technical error.

8. Acceptance and performance of a task

8.1. Pressing the “Take task”, “Book”, “Participate” or an equivalent button means acceptance of the terms of the Task Card, an obligation to perform the Task on time, agreement with the amount and form of the Reward, confirmation that the Creator is able to perform the Task lawfully, and the conclusion of a separate electronic agreement.

8.2. The Task Card may include information about the Client, the content and purpose of the Task, mandatory talking points, prohibited statements, the publication format, deadlines, the period for which the publication must be kept live, labelling requirements, the requirement of genuine personal experience, the amount and form of the Reward, acceptance criteria, the evidence required and other individual terms.

8.3. In the event of a conflict between the Task Card and the general provisions, the terms of the Task Card prevail, except for the provisions on compliance with the law, advertising labelling, truthfulness of personal experience, reputational safety, confidentiality, third-party rights and liability for violations.

8.4. The Creator must perform the Task personally, unless the Task Card expressly permits engaging another person. 8.5. The Creator may not transfer a booked Slot to another person. 8.6. If performance of the Task is impossible, the Creator must cancel the Booking in good time.

8.7. The Operator is entitled to set a period for reserving a Slot; if no result is submitted within that period, the Booking may be cancelled automatically. 8.8. Systematic Booking without performance may result in a lower rating, restricted access to Tasks or blocking of the account.

9. Requirements for materials and advertising compliance

9.1. The Creator's Material must comply with the Task Card, be lawful and accurate, not be misleading, comply with the rules of the social network, not infringe the rights of third parties, contain no knowingly false statements, comply with advertising legislation (including labelling) and preserve the Creator's natural style, unless the Task provides otherwise.

9.2. The Creator is prohibited from: reporting personal experience that did not take place; claiming to have visited a venue, purchased goods or obtained a result where this is untrue; publishing false information; promising a guaranteed result; disparaging competitors; publishing third-party data without grounds; using other persons' works without permission; publishing unlawful content; altering the Client's prices and terms; or passing advertising off as an independent expert opinion.

9.3. If the Task presupposes personal experience, the Creator must actually receive the goods/service, visit the place or fulfil the other condition. The Operator is entitled to require confirmation (a receipt, a booking, a ticket, a photograph, a promo code, geolocation data).

9.4. If personal experience is not presupposed, the Creator shall use informational wording and shall not create the impression of personal use. 9.5. The Creator is solely responsible for information, assessments, promises, jokes and wording added by them on their own initiative and not provided for by the Task.

10. Advertising labelling

10.1. The Creator must indicate the advertising, sponsored or other commercial nature of a publication in the cases provided for by the legislation, the Task Card, the rules of the social network or a notice from the Operator.

10.2. The form of labelling may be determined by the Operator and specified in the Task Card. The labelling must enable an ordinary user to identify the commercial nature of the Material.

10.3. The Creator may not remove mandatory labelling, conceal it, render it illegible, replace it with ambiguous designations or change the agreed form without the Operator's permission. 10.4. Confidentiality does not release the Creator from the disclosure of the advertising nature of a publication required by law.

11. Reputational safety

11.1. The Creator must act in good faith and in such a way that their actions, Materials and comments do not harm the business reputation, brand, customer trust, commercial interests, goods and services, employees and partners of the Client or the Operator.

11.2. It is strictly prohibited, intentionally or through gross negligence, to create and keep available Materials aimed at causing reputational or commercial harm; offensive, disparaging or inaccurate statements; calls for boycotts and harassment; provocations; distortion of the content of the Task; disclosure of confidential information and of the terms of the Reward; threats and blackmail; and any other materials that go beyond the Task and are capable of causing damage.

11.3. The prohibitions of this section apply to the main publication, the Creator's comments and replies, correspondence on the subject of the publication, publications on other social networks, messages after completion of the Task and any materials mentioning the Task, the Client, the Operator or information received.

11.4. The Creator may not, on their own initiative, supplement agreed Material with negative assessments, sarcastic comments, controversial statements, accusations, comparisons with competitors, unsubstantiated claims or information about the internal relations between the parties.

11.5. If the Creator disagrees with a Task, they may decline it before performance, but may not accept a Task with a view to subsequently criticising, provoking or discrediting. 11.6. The Creator may confidentially inform the Operator of risks associated with a Task, but this does not entitle them to publish accusations on their own.

11.7. This section does not restrict the Creator's right to apply to a court or to state authorities, to report an offence in good faith and to obtain legal assistance.

11.8–11.9. In the event of a negative reaction, a claim or a threat of damage, the Creator must immediately notify the Operator, refrain from entering into a public dispute on behalf of the parties, preserve evidence and comply with lawful instructions. Upon a justified demand — no later than four hours from receipt of the notice — the Creator must delete or hide the Material, cease its distribution, correct the information, delete comments and provide confirmation. A notice sent between 22:00 and 08:00 local time is deemed received at 08:00.

11.10–11.13. Where there is an immediate threat of material damage, the period may be shortened, but to not less than one hour. The Creator may not re-publish deleted Material. Failure to comply with an emergency deletion demand constitutes a separate material breach. The Creator is not liable for a negative reaction caused solely by accurate agreed materials, the properties of the Client's product, the actions of third parties or an unforeseeable reaction of users, provided that the Creator did not deviate from the Task Card and assisted in mitigating the consequences.

12. Report, moderation and acceptance

12.1. To confirm performance, the Creator submits supporting materials through the Platform: a link to the publication, a screenshot, a written report, statistics, photographs/videos and other evidence provided for by the Task Card.

12.2. The Operator is entitled to use automated and manual means of verifying account ownership, the time of publication, the content, the labelling, the deadlines, the absence of duplication and artificial engagement, the accuracy of statistics and compliance with reputational safety.

12.3. Following Moderation, the Operator is entitled to approve the result, return it for revision, request evidence, accept it in part, reject it or suspend the decision. Where a non-material and remediable discrepancy is found, one opportunity to correct the Material is as a rule granted.

12.4. Grounds for rejection: missing the deadline, non-compliance with the Task Card, absence of labelling, false personal experience, an unlawful statement, use of another person's account, artificial engagement, absence of evidence, breach of the rules of the social network, reputational damage and any other material breach.

12.5. Approval of a Task constitutes electronic confirmation of acceptance of the result. 12.6. The Operator is entitled to revoke an approval if, after acceptance, fraud, false information, infringement of third-party rights, early deletion of the publication or of the labelling, artificial statistics or another material breach is discovered.

12.7. The Creator is entitled to appeal a Moderation decision through the support service within ten calendar days. Pending consideration, the Operator may suspend payment only of the disputed amount.

13. Publication period and deletion of material

13.1. The Creator must keep the Material available for the period specified in the Task Card. If no period is specified — for not less than 90 calendar days from the date of approval.

13.2. During that period the Creator may not, without the Operator's consent, delete the Material, hide or archive it, switch the account to private mode, materially change the content, remove the labelling or restrict visibility to the detriment of the purpose of the Task.

13.3. The Creator must, at the Operator's demand, correct, hide or delete the Material if it breaches the law, if a claim has been received from an authority/social network/third party, if inaccuracy is discovered, if a legal or reputational risk arises, if the Client has discontinued the offer (subject to timely notice) or if continued distribution is capable of causing damage.

13.4. Deletion at the Operator's demand does not entail the return of the Reward if the Creator duly performed the Task and the need for deletion did not arise through their fault.

14. Reward and balance

14.1. The amount and form of the Reward are stated in the Task Card before Booking. 14.2. The Operator is entitled, on its own or together with the Client, to determine the price of future Tasks, the rates and the coefficients.

14.3. After Booking, the amount of the Reward is not reduced retroactively, except in cases of partial performance, an obvious technical error, inaccurate information, a withholding/set-off provided for by the Agreement, or a change in mandatory tax withholdings.

14.4. The Reward is accrued after approval of the result and is reflected in the Balance. 14.5. Reflection of an amount in the Balance does not entail an obligation to pay it out immediately if identification has not been completed, tax status has not been confirmed, a withholding is required, a check is under way, a dispute exists, the minimum withdrawal threshold has not been reached or the payment details are missing.

14.6. The Operator is entitled to set a minimum withdrawal amount, the frequency of payments, the available methods, limits, processing times and additional checks. 14.7. No interest accrues on Balance amounts. 14.8. Bank and provider fees may be deducted from the amount paid out.

14.9. The Operator is not liable for delays and errors in payment caused by incorrect payment details provided by the Creator, the actions of a bank/provider, requirements of the law, compliance checks, third-party failures or the blocking of the Creator's account.

15. Tax status and mandatory payments

15.1. Before receiving a payment, the Creator must disclose their tax and business status. 15.2. The Creator may participate as a self-employed person, a sole proprietor, an ordinary individual (where permitted by law) or another permitted person.

15.3. The Operator is entitled to determine the available payment methods taking into account status, citizenship, tax residence, type of activity, technical capabilities and requirements of the law.

15.4. If the law imposes the functions of a tax agent on the Operator or the Client, the Operator is entitled to calculate and withhold the relevant amounts, remit them to the authorised recipients, transfer information to state authorities and reduce the payment by the amount of the mandatory withholdings.

15.5. The Creator must immediately notify the Operator of the loss of entitlement to a tax regime, the registration/termination of sole-proprietor status, exceeding an income threshold, a change of residence and other circumstances affecting payments. 15.6. For inaccurate information about their status, the Creator shall compensate documented losses.

16. Electronic documents

16.1. The parties recognise the legal force of the Platform's electronic actions, documents and records. 16.2. The Booking, the Creator's report and the Operator's approval together confirm the conclusion of the agreement for the Task, the provision of the service, the delivery and acceptance of the result and the amount of the Reward.

16.3–16.4. The Operator is entitled to generate an electronic register of completed Tasks, a consolidated act, an accrual report, a calculation of withholdings and other documents — upon withdrawal of funds, at the end of a month or for another period.

16.5–16.6. Confirmation of a document may be effected by a button in the personal account, a one-time code, via Telegram, email, an electronic digital signature (EDS), an eGov QR code or another method. The Operator is entitled to require enhanced identification or an EDS where this is necessary under the law or to prevent fraud.

17. Promotions, ratings and additional awards

17.1. The Operator is entitled to run ratings, contests, competitive campaigns, loyalty programmes, referral programmes and promotions with additional awards.

17.2. The terms of a promotion are published separately and may determine the participants, the periods, the assessment criteria, the amount of the award, the procedure for determining the winners, the grounds for disqualification, the tax treatment and the procedure for changing or terminating the promotion.

17.3. Unless the rules provide otherwise, an additional award is not guaranteed and is accrued only after confirmation by the Operator. 17.4. The Operator is entitled to cancel a participant's result where artificial engagement, collusion, multiple accounts, inaccurate statistics or other bad-faith conduct is detected.

18. Intellectual property

18.1. Exclusive rights to the Creator's original Material remain with the Creator, unless the Task Card expressly provides otherwise.

18.2. From the moment the Material is submitted to the Operator or published within the framework of the Task, the Creator grants the Operator and the relevant Client, free of charge, a non-exclusive, irrevocable, worldwide licence for the entire term of protection of the rights.

18.3. The licence includes the right to reproduce and store the Material, to distribute and publicly display it, to make it available to the public, to publish and re-publish it, to translate, abridge, adapt and format it, to incorporate it into composite works, to use it in whole or in part, in advertising and marketing, in paid and organic promotion, and to sublicense the rights to affiliates, customers, agencies, contractors and technical providers.

18.4. The licence extends to the Creator's name, pseudonym, username, voice, image and other identifying elements contained in the Material, to the extent necessary. 18.5. The Creator consents to technical and editorial modification of the Material, provided that it does not distort the content in a way that damages the Creator's honour, dignity or reputation.

18.6–18.7. The Creator warrants that they hold the necessary rights, have obtained the consents of the persons depicted, do not infringe the rights of third parties and do not act contrary to other obligations. In the event of a third-party claim, the Creator must assist in resolving it and compensate documented losses arising through their fault.

19. Confidentiality

19.1. Confidential information means non-public information received through the Platform or in connection with a Task: the content and screenshots of Tasks, internal briefs, information about the Client before launch, the amount of the Reward (unless the Operator has agreed to its disclosure), the campaign budget, the composition of the Creator pool, the marketing strategy, internal analytics, contact details, commercial terms and materials designated as confidential.

19.2. Confidential information is used exclusively for the performance of the relevant Task. 19.3. The Creator is prohibited from publishing screenshots of a Task, disclosing the amount of the payment and internal terms, transferring briefs to third parties, using the Client's materials for their own purposes, disclosing the mechanics of a campaign, selling information and using the Client's data to promote their own services.

19.4–19.5. The obligation does not extend to information that has become public through no fault of the Creator, was lawfully known earlier, the disclosure of which is required by law, that has been passed to an adviser under a confidentiality regime, that is necessary to defend rights in court or that constitutes mandatory labelling. The obligation remains in force for three years and, in respect of trade secrets, for as long as the information retains its confidential character.

20. Prohibition on circumventing the platform

20.1. The Creator may not use information and contacts of the Client obtained through the Platform in order to circumvent Berneiz.

20.2. Without the Operator's consent, the Creator may not use non-public contacts and commercial information obtained exclusively through the Platform in order to conclude directly with the Client, outside the Platform, a deal repeating or extending the same or an analogous Task, for six months after the performance of the last Task of that Client.

20.3. The restriction does not apply to relations that existed before the Task was received; to public offers of the Client outside the Platform; to services unrelated to the previously performed Task; or where the Operator has consented in writing. The Operator shall not unreasonably withhold consent where direct interaction does not cause reasonably foreseeable damage.

20.4. Where a breach is proven, the Operator is entitled to claim compensation for the commission actually lost on the direct deal and for other documented direct losses. Abstract lost profit is not recoverable.

21. Prohibited actions and anti-fraud

21.1. The Creator is prohibited from:

1. creating multiple accounts;
2. using other persons' personal data;
3. connecting other persons' accounts;
4. using bots, scripts, emulators and automation tools;
5. buying followers, likes, comments, views and other engagement;
6. using mutual-engagement (engagement-pod) groups;
7. falsifying links, screenshots or statistics;
8. submitting one and the same result for several Tasks;
9. passing an old publication off as a new one;
10. using AI in a manner that breaches the Task or creates false information;
11. interfering with the operation of the Platform; extracting data by scraping; circumventing access restrictions; carrying out reverse engineering; distributing malicious code;
12. misleading the Operator, the Client or users; using the Platform for unlawful activity; harming the reputation and security of the Operator or the Client.

22. Measures in the event of violations

22.1. In the event of a breach of the Agreement, the Operator is entitled to apply one or more measures: a warning, a demand for correction, rejection of the Task, cancellation of the Booking, a reduction of the rating, restriction of access, suspension of withdrawal of the disputed amount, revocation of the accrued Reward, set-off of counterclaims, a demand for the return of an unjustified payment, temporary or permanent blocking, transfer of information to a state authority/social network/rightsholder or to the Client, a demand for a contractual penalty and damages, and recourse to the courts.

22.2–22.3. In selecting a measure, the nature and repetition of the breach, intent, the amount of damage and the Creator's conduct are taken into account. Suspension of withdrawal is permitted only in respect of the amount related to the disputed Task, save in cases of substantiated indications of systemic fraud, securing the return of fraudulently obtained amounts, a court act or cases expressly provided for by law.

22.4. The Creator is entitled to appeal a decision through the support service within 30 calendar days; such an appeal does not preclude recourse to the courts. 22.5–22.6. Measures are applied proportionately to the gravity of the breach; upon a first non-material breach (not involving fraud, unlawful content, false experience or material reputational risk) the Operator as a rule limits itself to a warning, a demand for correction or rejection of the Task.

23. Contractual penalty and compensation for losses

23.1. For an intentional or grossly negligent breach of section 11 that has caused material reputational or commercial damage (or a real threat of such damage), the Creator shall pay a punitive penalty in the amount of three times the Reward for the Task, but not less than 5 MCI (monthly calculation index) and not more than 20 MCI per instance. For intentional false accusations, threats, blackmail, organising harassment or re-publishing deleted Material — 30 MCI per instance.

23.2. For failure to comply with an emergency deletion demand (clause 11.9) — 5 MCI, plus 0.5 MCI for each full day of delay, but not more than 10 MCI per instance. The penalty does not apply where there was an objective technical impossibility that was remedied within a reasonable time.

23.3. For intentional disclosure of material confidential information — 5 MCI per instance; in the case of public disclosure, disclosure in favour of a competitor or disclosure causing material damage — 10 MCI.

23.4–23.5. The penalty does not apply automatically — the person demanding it must substantiate the fact of the breach, fault, the connection with the Task and the grounds for the amount. The Creator shall compensate reasonable documented direct losses to the extent not covered by the penalty (legal assistance, recording and removal, fines and justified third-party claims, retraction, refunds to customers). Lost profit is compensated only in the case of an intentional breach and a proven causal link.

23.6. For a Creator who is an individual without sole-proprietor status and who acted without intent, the aggregate amount of the penalty and losses per instance (not counting the return of an unjustified Reward) shall not exceed the greater of: five times the Reward for the Task or 10 MCI, but in any event not more than 30 MCI. This limitation does not apply in cases of intentional harm, fraud, blackmail, false information, intentional infringement of intellectual property/confidentiality, re-publication of deleted Material and deliberate failure to comply with a deletion demand.

23.7–23.9. Payment of the penalty and blocking do not release the Creator from the obligation to cease the breach, delete/correct the Material, publish a retraction and compensate losses. A single publication together with its comments constitutes one instance of breach if it forms a single episode. The same amounts are not recovered twice by both the Operator and the Client.

24. Direct rights of the client

24.1–24.2. The Creator recognises the Client identified in the Task Card as a beneficiary in respect of the obligations to duly perform the Task, to comply with the requirements for the Material, not to cause reputational and commercial damage, to observe confidentiality and intellectual-property rights, to place the labelling, to delete/correct/retract the Material, to pay the contractual penalty and to compensate harm. The Client's rights arise from the moment the Task is accepted.

24.3–24.4. The Client is entitled, directly and without a separate assignment of claim, to demand cessation of the breach, deletion/correction/retraction of the Material, payment of the contractual penalty where there are grounds for it, compensation for directly caused and documented losses, to send claims and to bring an action against the Creator. Such demands must relate to the Client's own Task and to damage caused directly to the Client.

24.5. Where there are lawful grounds, the Operator is entitled to transfer to the Client the minimum necessary information about the Creator (full name, IIN, contact details, address for claims, information about the account, about the acceptance and performance of the Task, and electronic evidence).

24.6–24.8. Granting the Client an independent right does not deprive the Operator of its own claims. The Creator's liability to the Client is direct and does not depend on a prior claim being made against the Operator. The Client shall notify the Operator of any demand made in order to prevent double recovery.

25. Creator's liability and recourse

25.1. The Creator is solely responsible for the content of the Material, the truthfulness of the personal experience and statements, wording added by them, compliance with labelling requirements, third-party rights, the lawfulness of the use of the account, the accuracy of the tax status, confidentiality, compliance with the publication period, actions performed from the account and their own conduct after publication.

25.2–25.3. In the event of a third-party claim, the Creator must cooperate in good faith, provide explanations and documents in good time, preserve evidence, assist in ceasing the breach, refrain from worsening the position of the parties and compensate documented amounts to the extent that they arose as a result of the proven breach.

25.4. If the Operator or the Client has incurred liability to a third party as a result of a proven breach by the Creator, the relevant person is entitled to bring a recourse claim in the amount of reasonable documented expenses and losses, subject to the limitations of section 23.

26. Limitation of the operator's liability

26.1. The Platform is provided “as is” and “as available”. 26.2. The Operator does not guarantee uninterrupted operation, continuous availability of Tasks, any particular income, audience growth, reach/views/sales, the absence of social-network blocks, the preservation of the functionality of third-party services or conformity with individual expectations.

26.3. The Operator is not liable for the actions of social networks, changes to algorithms, deletion of publications, shadow bans, failures of banks and payment systems, inaccurate materials of the Client (where it did not know and ought not to have known of them), the Creator's own deviations, comments added by the Creator, indirect losses and moral harm, or the consequences of the Creator's failure to comply with the law or the rules of the social network.

26.4–26.5. The Operator applies reasonable verification and Moderation measures but does not fully control the conduct of Creators, Clients and users. Moderation does not guarantee the absence of hidden violations or the absence of subsequent changes to the Material.

26.6. The Operator's aggregate liability to the Creator in respect of one Task (or a series of interrelated Tasks) is limited to the greatest of: the amount of Rewards for the three months preceding the event, three times the Reward for the Task, or 5 MCI. This limitation does not apply to the obligation to pay an accrued undisputed Reward, to an intentional breach by the Operator, to unlawful disclosure of personal data through its fault, to harm to life or health, or to other cases where such a limitation is not permitted by law.

26.7. The Operator is liable for its own unlawful acts and for the Materials it has provided if it knew or ought to have known of their unlawfulness, and must take reasonable measures following a confirmed notice of unlawful or dangerous Material.

27. Personal data

27.1. The Operator processes the Creator's personal data in accordance with the Privacy Policy and the consents given.

27.2–27.3. Data may be processed for registration, verification of accounts, matching of Tasks, Moderation, calculation of ratings, payments, performance of tax obligations, prevention of fraud, resolution of disputes, compliance with the law and protection of rights; and may be transferred to Clients, payment providers, state authorities, social networks, technical contractors, advisers, courts and law-enforcement authorities where there are lawful grounds.

27.4. Withdrawal of consent to the processing of data may make further use of the Platform, the payment of funds or compliance with mandatory requirements of the law impossible.

28. Suspension and termination of access

28.1. The Creator is entitled to cease using the Platform and to request deletion of the account. 28.2. The Operator is entitled to suspend access temporarily where there are objective grounds to believe that the Agreement has been breached, that fraud has been committed, that there is an immediate risk, that a demand has been received from a state authority/social network, or where suspension is necessary for verification. The Operator informs the Creator of the main reason, save where this is prohibited by law or would facilitate circumvention of anti-fraud measures.

28.3–28.4. Before an account is deleted, active Tasks, disputed amounts, mandatory withholdings, claims and the return of unjustified payments are settled. Termination of the Agreement does not terminate the provisions on intellectual property, confidentiality, reputational safety, taxes, contractual penalties, liability, compensation for losses, dispute resolution and the rights of the Client.

29. Amendments to the Agreement and the Platform

29.1. The Operator is entitled to amend the Agreement, the rules and the functionality of the Platform. 29.2. The new edition is published on the Platform; the Operator notifies Creators of material changes through the personal account, Telegram, email, SMS or another channel not later than five calendar days before they take effect, except for changes made for immediate compliance with the law or to eliminate a security threat.

29.3–29.4. Amendments apply to Tasks booked after the edition takes effect; Tasks already booked are governed by the edition in force at the time of Booking, except for changes made to comply with the law or the rules of the social network, to prevent material damage or to protect the rights of third parties.

29.5. If amendments materially increase the Creator's liability, change the payment procedure, the scope of the licence or the procedure for processing personal data, the Operator is entitled to require a separate repeated confirmation of consent before the next Task is booked. If the Creator disagrees, they are entitled to cease using the Platform and to receive the previously accrued undisputed Reward, subject to mandatory withholdings.

30. Force majeure

30.1. A party is released from liability for non-performance caused by circumstances beyond its reasonable control: natural disasters, military action, civil unrest, restrictions imposed by state authorities, loss of communications or electricity, major cyberattacks, the cessation of operation of a social network/bank/payment system and other force-majeure circumstances. 30.2. The party shall notify the other party within a reasonable time after it becomes aware of such circumstances.

31. Notices

31.1. Legally significant communications may be sent through the personal account, Telegram, push notifications, SMS, email and other contact details provided. 31.2. An ordinary notice is deemed delivered from the moment it is displayed in the personal account or successfully delivered technically.

31.3. An emergency demand for deletion/correction is sent through the personal account and, where possible, additionally through at least one direct channel (Telegram, SMS, push, email). The time for compliance is calculated in accordance with clauses 11.9–11.10. 31.4. The Creator must keep their contact details up to date and independently monitor notices relating to active Tasks.

32. Governing law and dispute resolution

32.1. The Agreement is governed by the legislation of the Republic of Kazakhstan. 32.2. Before recourse to the courts, a written claim shall be sent, except where immediate recourse is necessary (cessation of a breach, deletion of unlawful Material, securing a claim, recording evidence, preventing material damage).

32.3–32.5. The period for considering a claim is 15 working days from receipt of the necessary information. If the dispute is not settled, it is considered by the court at the Operator's location, unless mandatory rules of law provide otherwise. The Client is entitled to bring an action directly against the Creator in accordance with section 24.

33. Final provisions

33.1. The Agreement, the Task Card, the Privacy Policy, the rules of promotions and other documents form a single contractual framework. 33.2. The invalidity of an individual provision does not entail the invalidity of the remaining provisions. 33.3. The Operator's failure to exercise any right does not constitute a waiver of that right.

33.4–33.5. The Operator is entitled to transfer its rights and obligations to an affiliate, a legal successor, an acquirer of the Platform or of the business, or another person in the event of restructuring. The Creator may not transfer their rights without the Operator's written consent.

33.6–33.7. The Agreement is in force from the moment of Acceptance until termination of the account and performance of all obligations. The Creator confirms that they understand the significance of the reputational-safety requirements, the consequences of publishing false or harmful Materials, the Client's right to bring direct claims, the possibility of recovery of contractual penalties and losses, and the possibility of transferring information to the Client for the protection of the Client's rights.

34. Operator's details and contacts

Operator: V & GARNET LLP (ТОО «V & GARNET»). BIN/registration number: 190440034719. Registered address: Astana city, Almaty district, Aleksey Petrov st., bldg. 21/1. Website: https://berneiz.com/. Email: support@berneiz.com.