This User Agreement (hereinafter also referred to as the Agreement) sets forth the terms of use of the Sun8 software (hereinafter also referred to as the Software) and regulates the procedure for interaction between the Copyright Holder and the User in the process of using the Software.
This Agreement is a public offer addressed to any individual intending to use the Sun8 software on the terms and conditions specified in the Agreement, in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. This offer may be accepted by individuals only by joining this Agreement as a whole, which is expressed in the installation and/or actual use of the software.
The conclusion of this Agreement is carried out in the manner prescribed by the norms of the Civil Code of the Republic of Kazakhstan governing a public contract, an accession agreement, as well as an offer and acceptance.
Website — an Internet site located at https://sun8.kz, providing the User with access to the software. The Copyright Holder posts information on the Website that is mandatory for the User.
Copyright holder — San 8 LLP, located at: Kazakhstan, Almaty, 169a prospekt Raiymbeka, IIC: KZ65601A861009907571, IIN/BIN: 221140032138, which holds all exclusive rights to the software.
User – an adult, legally capable individual who uses the Site and/or Software solely for personal purposes not related to entrepreneurial activity, in accordance with the legislation of the Republic of Kazakhstan.
Software «Sun8» (software, program) — a computer program owned by the Copyright Holder, designed for diagnostics, protection and optimization of user devices. The software provides functions for system analysis, vulnerability scanning, cleaning of unnecessary files, service management, connection to a secure virtual private network (VPN), and also includes Wi-Fi protection tools, report generation, display of information about network activity, technical support via online chat, and the ability to use simultaneously on several devices.
VPN - a virtual private network that provides a secure connection to the Internet, operating on third-party servers that do not belong to the Copyright Holder.
Activation code - a unique alphanumeric code generated by the Copyright Holder and intended to provide the User with access to the Software.
Distribution — a set of programs and files on the Copyright Holder’s website for installation and initial initialization of the software.
Subscription — paid access to the software, provided under the terms of the selected tariff plan with automatic renewal, unless otherwise specified in the Personal Account. Activated by payment and/or entering the Activation Code.
Trial period — 7-day free access to all functions of the selected tariff plan. Payment details are required for activation. At the end of the period, the subscription is automatically renewed on a paid basis, unless cancelled by the User. You can cancel the trial period in your Personal Account at any time.
Tariff plan is a predefined set of terms for using Sun8 software, including the subscription period, list of available functions, number of permitted devices and cost.
Privacy Policy – a document regulating the procedure for processing and protecting the User’s personal data, posted on the Site and operating within the framework of the legislation of the Republic of Kazakhstan.
Account - a set of data about the User, necessary for his identification and provision of access to his personal settings.
2.1. Before using the Software, the User is obliged to familiarize themselves with this Agreement, as well as with the Privacy Policy posted on the Website at: https://sun8.kz/privacy-policy.
2.2. To use the software, you must select a tariff plan, register an Account and pay for a subscription. A free trial version is provided for 7 days, after which payment for the selected tariff is required.
2.3. By using the functionality of the software, the User gains the ability to access a VPN server that does not belong to the Copyright Holder.
2.4. The condition for using the Software is the User's full and unconditional consent to the terms of this Agreement. Actual use of the Software, including installation, registration or activation, is considered acceptance of this Agreement. By installing and/or actually using the Software, the User agrees to the provisions of this Agreement, as well as the Copyright Holder's Privacy Policy, as amended at the time of actual use of the Software.
2.5. The Copyright Holder has the right to make changes to this Agreement and the Privacy Policy unilaterally. Updated versions come into force from the moment they are posted on the Site. The User will be notified of changes in one of the following ways:
If the User continues to use the Software after the changes come into force, this is considered his consent to the new version. The User has the right to refuse to accept the changes and additions to the Agreement and the Privacy Policy, which will mean his refusal to use the Software. In case of disagreement, the User is obliged to delete the Software.
2.6. The User has the right to stop using the Software at any time and remove it from his device, which is considered a unilateral refusal of the Agreement.
2.7. Acceptance of this Agreement is the performance by the User of the following consecutive actions:
3.1. The Copyright Holder provides access to the Sun8 software under the terms of a paid Subscription, including a Trial Period. The number of devices and the validity period depend on the selected Tariff Plan.
3.2. The Sun8 software, including its components, graphic design, texts, functional modules, algorithms, scripts, interfaces and other elements, is provided to the User on an “as is” basis, without any direct or indirect warranties, including those regarding compliance with the User’s expectations, uninterrupted or error-free operation.
3.3. The Copyright Holder has the right, at its own discretion, to make changes, update or supplement the functionality of the Software at any time, as well as release new versions without prior notice to the User. New versions may either expand or limit previously available functionality.
3.4. For the purposes of information support, the Copyright Holder has the right to send the User notifications, messages, including service or advertising ones, via the software interface, e-mail or other means of communication. The User may opt out of receiving the mailing list by configuring the parameters in their Account or by sending the corresponding notification to the Copyright Holder.
4.1. The Software is available to the User for downloading and use after registration and free of charge. When installing the Software Distribution, the User will be asked to read this Agreement and confirm that he/she:
If the User refuses to fully and unconditionally accept this Agreement, or is not ready to confirm any of the listed conditions, installation of the software will be impossible.
4.2. To use the Software, the User must:
4.3. After filling out the registration form and confirming agreement with the terms of access to the software, the User will receive an automatically generated password to the email address specified to access the User Account. In the future, this password can be used repeatedly to log into the Account. The Account contains the data entered by the User, information about the software used, information about payments made, technical data about the state of the PC, its systems and installed programs. The User confirms and agrees that the correct operation of the software involves collecting data about the User's PC for its diagnostics.
The User's data entered into the Account by the User themselves may be supplemented/corrected/deleted by the User at their discretion. The User may delete their Account and all information about themselves, which may make further use of the Software difficult.
4.4. The User undertakes to provide true, complete and accurate information about themselves during the registration process. The User undertakes to keep the information provided up to date during the term of this Agreement. The User is responsible for providing false, incomplete or inaccurate information and for any negative consequences that may arise as a result.
4.5. The User confirms that actions performed after authorization in the Program using the User's email address and password are recognized as actions of the User, performed by the User personally, unless the User proves otherwise.
4.6. Transfer of the password to third parties is prohibited. The User undertakes to ensure secure storage of the password/access codes/access to the email and their protection from unauthorized use by third parties. The User is responsible for any negative consequences associated with the loss of the password/access codes/access to the email, transfer of the password/ access codes/access to the email to third parties, except in cases where this occurred due to the fault of the Copyright Holder.
4.7. The Copyright Holder reserves the right to refuse registration to the User, as well as to cancel the existing registration if there are reasonable suspicions that the User has violated the current legislation and the provisions of this Agreement/other documents of the Copyright Holder. In this case, the reasons for refusal of registration and cancellation of registration are not communicated to the User.
4.8. If the User has any suspicions regarding the security of his email and password or the possibility of their unauthorized use by third parties, he undertakes to immediately notify the Copyright Holder by sending a letter to the Copyright Holder's email address indicated on the Site.
4.9. The User has the right to delete his/her Account by sending a corresponding request via the feedback form or to the e-mail address specified on the Site. Deleting the Account will result in termination of access to the Software and loss of associated data.
5.1. In accordance with the terms and restrictions set forth in this Agreement, the Copyright Holder grants the User a limited, non-exclusive license to install and use the Software (Basic Version and Premium Version) for personal purposes not related to business activities, without granting the right to use the Software to third parties (sublicenses). The methods of using the Software are determined by the functionality of each version in accordance with Section 7 of this Agreement.
5.2. The User is not permitted to rent, distribute, transfer, use for commercial purposes, grant rights to use the Software to third parties (sublicense), or use the Software under a shared use agreement, or in any other unauthorized manner.
5.3. The non-exclusive license granted to the User does not provide for the possibility to decompile, modify, disassemble, disassemble into component codes, process or improve the Software and its components, attempt to obtain the source Code of the Software, or install custom add-ons to the Software. Only binary (compiled) versions of the Software are provided and the license implies the absence of access to the source code of the Software.
5.4. The license is granted for the term of this Agreement and is valid within the territory of the Republic of Kazakhstan, unless otherwise expressly provided by the Copyright Holder.
6.1. The Sun8 software contains intellectual property protected in accordance with the legislation of the Republic of Kazakhstan, including, but not limited to: computer programs, technical solutions, design elements, text and graphic materials, trademarks, source and object codes. Exclusive property rights to all components of the Sun8 software, as well as the accompanying documentation, belong to the Copyright Holder.
6.2. All rights arising from, related to and assigned to the Sun8 software, including rights to authorship, trade secrets, software interfaces, databases, algorithms and other results of intellectual activity, are the property of the Copyright Holder.
6.3. The User has no right to use the Sun8 software:
7.1. The software is available only by Subscription. The trial period (7 days) provides the full functionality of the selected Tariff Plan. After the Trial Period, access to the software functionality is terminated until payment is made.
7.2. The software contains the following functionality (included in all subscriptions):
7.2.1. System diagnostics includes:
7.2.2. Intelligent system scanning.
7.2.3. Correcting errors and removing unnecessary files.
7.2.4. Protection in Wi-Fi networks and protection from DDoS attacks.
7.2.5. Maintain privacy by connecting to resources in different countries, creating an encrypted connection.
7.2.6. Ability to view news and event feeds.
7.3. The copyright holder provides the ability to connect to the VPN service through third-party servers.
7.4. Tariff plans:
7.4.1. Tariff plan 1 includes:
7.4.2. Tariff plan 2 includes:
7.4.3. Tariff plan 3 includes:
The maximum number of devices depends on the Tariff plan.
7.5. Each Subscription includes a free Trial Period:
7.6. The subscription is automatically renewed for the same period, about which a notification is required 3 (three) days before the funds are written off. Auto-renewal can be disabled at any time in your personal account.
7.7. The User may change the Tariff Plan with a transition to a higher Tariff Plan with a recalculation of the cost. Transition to a cheaper Tariff Plan is possible only after the end of the current period.
7.8. The description of the software functionality provided in this section is for informational purposes only. The Copyright Holder reserves the right to make changes/additions to the functionality of any version of the software at its own discretion and without special notice to the User. The User undertakes to independently monitor the current content of the Agreement.
8.1. The Software is provided under the terms of a paid Subscription with Tariff Plans, including a Trial Period not included in the main subscription period:
8.2. The trial period is provided free of charge upon registration and connection of the subscription, and requires the specification of payment details. At the end of the Trial Period, the Subscription is automatically renewed for the selected Tariff Plan, unless cancelled by the User in the Account. You can disable automatic renewal in the Personal Account.
8.3. To activate a subscription, the User:
8.4. The activation code is provided after payment on the Site or from official partners.
8.5. The User may pay for the selected Tariff Plan using one of the payment methods specified on the Site. The procedure for making payments is determined by the rules of the relevant payment system. All payment data provided by the User for online payment for the Software are entered into the portal of the relevant payment system in the window that pops up after the User selects the payment method and clicks the "Pay" button on the Site, while the Copyright Holder does not gain access to the specified data, does not collect or process such data.
8.6. The Copyright Holder shall not be liable for any failure in the operation of payment system services or any delays in payment caused by such failure. Claims caused by the above circumstances and sent by the User to the Copyright Holder shall be forwarded to the address of the relevant payment system. Any disputes related to the incorrect operation of the payment system and failure to make a payment shall be resolved in accordance with the rules of the payment system and applicable law.
8.7. A refund after payment has been made and the Activation Code has been received is only possible if the purchased software is found to be inoperative (in relation to the functionality defined by the current version of the Agreement in effect on the date of purchase), about which the User sends a claim with supporting documents attached. The claim is considered by the Copyright Holder in the manner established by the Agreement.
9.1. The Copyright Holder undertakes to:
9.1.1. Provide the User with access to the Software under the terms of this Agreement, including the ability to download and install it.
9.1.2. Grant the User a non-exclusive right to use the Software for personal purposes, within the limits of the provided functionality and on the territory of the Republic of Kazakhstan.
9.1.3. Ensure the protection of the User’s 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” and the Privacy Policy.
9.2. The copyright holder has the right to:
9.2.1. Restrict or block access to the Software in the event of detection of violations of the terms of this Agreement, the Privacy Policy or the legislation of the Republic of Kazakhstan.
9.2.2. Make changes to the functionality of the Software, the Privacy Policy and this Agreement without prior notice to the User, with the publication of the current version on the Site.
9.2.3. Send the User requests related to the use of the Software and, if necessary, request confirmation of compliance with the terms of the Agreement.
9.3. The User undertakes to:
9.3.1. Pay for the subscription in a timely manner when necessary.
9.3.2. Review the current versions of this Agreement and the Privacy Policy posted on the Site.
9.3.3. Ensure the confidentiality of your account data (password, Activation Code and email address) and do not allow them to be transferred to third parties.
9.3.4. Use the Software solely for personal purposes, within the scope of the provided rights and functionality.
9.3.5. Provide accurate and current information when registering and update it as necessary.
9.3.6. Do not copy, distribute, or modify elements of the software, the Site, graphics, software components, design, or other materials without the permission of the Copyright Holder.
9.3.7. Comply with this Agreement, the legislation of the Republic of Kazakhstan, as well as the rights and legitimate interests of third parties.
9.3.8. In the event of failures caused by security settings on the User's device, take steps to correct them. Otherwise, the Copyright Holder is not responsible for the operation of the Software.
9.4. The User has the right to:
9.4.1. Use the Software within the terms of this Agreement.
9.4.2. Receive information about the functionality, Tariff plans and capabilities of the software through the Site.
9.4.3. Contact technical support on issues related to the use of the software.
9.4.4. Exercise other rights provided for by this Agreement and the legislation of the Republic of Kazakhstan.
10.1. The Copyright Holder shall not be liable for any violations of the current legislation of the Republic of Kazakhstan that have or may occur as a result of the actions/inactions of the User and any third parties. In the event that claims are made against the Copyright Holder by third parties in connection with the actions of the User, the latter is obliged to release the Copyright Holder from liability and settle such claims independently, as well as compensate for the losses incurred by the Copyright Holder due to the fault of the User, in full, including reimbursement of expenses associated with the settlement of disputes, the imposition of sanctions by government authorities and in other cases.
10.2. The Copyright Holder ensures the confidentiality of information received from Users containing personal data in accordance with the requirements of the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V "On personal data and their protection". The collection, processing, storage and use of this information is carried out by the Copyright Holder on the basis of the Privacy Policy (https://sun8.kz/privacy-policy) in full compliance with the requirements of the law.
10.3. The Copyright Holder and the User are released from liability for full or partial failure to fulfill their obligations if such failure was a consequence of force majeure circumstances, as a result of extraordinary events that no one could have foreseen and prevented by reasonable measures.
10.4. The Copyright Holder shall not be liable for damage caused to Users as a result of their improper use of the Software, or for any consequences caused by the User’s failure to comply with the terms of this Agreement.
10.5. The Copyright Holder shall not be held liable for the content and functioning of websites that contain links to the Site.
10.6. The Copyright Holder shall not be liable for the actions of third parties aimed at distributing the Software if the said persons are not official partners of the Copyright Holder on the basis of signed license/sublicense agreements. Under no circumstances shall the Copyright Holder be liable for any harm caused to anyone in connection with the use of the Software acquired from such persons or through sources other than the Site and official partners of the Copyright Holder.
11.1. This Agreement may be amended by the Copyright Holder at its discretion at any time without any prior notice. The current version of the Agreement is posted on the Site.
11.2. The invalidity of one or more provisions of the Agreement, recognized in the established manner by a court decision that has entered into force, does not entail for the Parties the invalidity of the agreement as a whole. In the event that one or more provisions of the Agreement are recognized as invalid in the established manner, the Parties undertake to fulfill the obligations assumed under the Agreement in a manner as close as possible to those implied by the Parties upon conclusion and/or agreed amendment of the Agreement.
11.3. This Agreement and the relationship of the Parties shall be governed by the legislation of the Republic of Kazakhstan.
11.4. The User has the right to contact the Copyright Holder on issues related to the operation of the Software, using the contact information specified on the Site.
11.5. Claims are sent electronically to the email address specified on the Copyright Holder's Website/User account, and are duplicated in writing to the address specified on the Website/User account if this information is provided by the User. The period for considering claims is 10 working days from the date of receipt of the claim. A response to the claim is sent to the details specified above.
11.6. All disputes between the parties under this Agreement shall be resolved by correspondence and negotiations using the mandatory pre-trial (claim) procedure. In the event that it is impossible to reach agreement between the parties through negotiations within 60 (sixty) calendar days from the date of receipt by the other party of a written claim, the dispute shall be referred by any interested party to the judicial authorities of the Republic of Kazakhstan at the location of the Copyright Holder (excluding the jurisdiction of the case by any other courts).
11.7. This Agreement shall enter into force for the User from the date of the User's accession to it in the manner prescribed by this Agreement, and shall remain in effect until the User's Account is deleted from the Copyright Holder's system, regardless of the User's actions to use the functionality of the Software.
