Terms and Policies | Green SM

These Terms of Use, read with the supplementary terms (“Terms”) govern the access or use by you, an individual of the Application, the Platform, or the Services (as defined below) made available by Green and Smart Mobility Technologies Kazakhstan LLP (“Green SM”) with business identification number 260340028805. Please read these Terms carefully before installing and/or using the Application or accessing the Platform. By installing, accessing, or using the Application, the Platform, or the Services (as defined below), You hereby confirm that you have read, understood, and agreed to the Terms. These Terms, together with the Green SM Policies, constitute a legally binding electronic agreement between You and Green SM (the “Contract”), which governs Your use of the Services provided by Green SM. If You do not agree to these Terms, please do not install or use the Application, the Services, or the Platform. These Terms expressly supersede prior agreements or arrangements with you. Green SM may amend the Contract from time to time at its sole discretion. The updated version will be published on the website https://www.greensm.com/kz-en/terms-policies/general and/or on the Application. You are solely responsible for regularly checking the Terms. Your continued use of the Application and/or the Services following any changes to the Terms and/or the Contract will be deemed your acceptance of, agreement to, and consent to be bound by such revisions. If You are a Customer or User and do not agree with the amendments or modifications to the Terms, You have the right to unilaterally terminate the Contract by ceasing to use the Application, the Services and the Platform. Green SM reserves the right to amend these Terms at any time to ensure compliance with legislation, technical improvements, business model updates or any minor fixes and/or other corrections. Any amendments shall be published in the Application and/or on the official website. If You do not agree with the amended Terms, You must immediately cease using the Application and Platform and terminate this Contract by deleting Your user account. Your continued use of the Application after the expiration of the notification period and after the changes have come into effect shall be deemed Your acceptance of the revised Terms. 1. DEFINITION 1.1. “Applicable Laws” shall mean all applicable statutes, enactments, laws, ordinances, treaties, conventions, protocols, bye-laws, rules, regulations, guidelines, notifications, and/or judgment, decrees, injunctions, write or orders, instructions, guidelines, decisions of any court or an awards or other requirements or official directives of any government authority, if any jurisdiction as may be applicable to the relevant person. 1.2. “Green SM” means Green and Smart Mobility Technologies Kazakhstan LLP (“Green SM”) with business identification number: 260340028805. 1.3. “Green SM Policies” include the Privacy Policy accessible at https://www.greensm.com/kz-en/terms-policies/privacy-notice and all forms, policies, notices, guidelines, questions, or agreements provided by You or entered into by You with Green SM from time to time. 1.4. “Services” means the provision of an information and technology intermediary platform that enables Users to search for and connect with transportation Driver Partners ("Driver Partners") operating Vehicles to perform Trips. Green SM does not itself provide transportation services; all transportation is provided solely by Driver Partners as independent carriers. 1.5. “User” means any individual or organization that uses the Application, the Platform, and/or the Software to search for and/or receive Services. 1.6. “Customer” means any person who directly receives the Services, including the User and any person authorized by the User to access and use the Application, the Platform, and/or the Services through the User’s Account. 1.7. “Driver Partner” means and include such individuals who are an independent third party, operating the Vehicle to perform the Trip, having all legally required qualifications. 1.8. “Application” means the Green SM application installed on mobile or other electronic devices, which is managed and operated by Green SM, and may be updated from time to time. 1.9. “Platform” means the Green SM platform comprising the technology, Application, Software, portal, or relevant website operated by Green SM, which, when used in conjunction with the Application, enables Users to request or access the Services. 1.10. “Software” means any software associated with the Application that is made available for download and installation by Green SM. 1.11. “User Account” means the account created and activated by the User on the Application for the purpose of accessing and using the Services. 1.12. “Trip” means a transportation journey determined by the pickup point and one or more drop-off points, as established between the Driver Partner and the Customer or User via the Application. 1.13. “Vehicle” means electric cars with fewer than nine (9) seats used by Driver Partner to provide his transportation services. 1.14. “Trip Fee” shall mean the amount payable by the User and/or Customer for the transportation services rendered by the relevant Driver Partner, as displayed through the Platform. For non-cash payments, Green SM provides informational and technological organisational support facilitating the connection between the User and authorised payment service providers licensed under the Law of the Republic of Kazakhstan "On Payments and Payment Systems" through whom such amount is collected on behalf of the relevant Driver Partner. 2. YOUR USE OF THE SERVICE 2.1. Account Creation: For availing the Services, You agree, understand and acknowledge that you shall be required to create and register a User Account on the Application which may require you to provide certain personal details, including your name, address, mobile number, age, and at least one valid payment method (such as a credit card or an approved payment partner). You agree to keep your account information accurate, complete, and current at all times. If you fail to do so—such as by maintaining an expired or invalid payment method—you may lose access to the Services, and Green SM may terminate your agreement. You are responsible for all activities conducted through your account and must keep your username and password secure. Your User Account cannot be transferred or assigned to anyone. Green SM shall not be liable for any third party claim with respect to any loss that the User may have incurred as a result of someone else using the User’s password or User Account, either with or without User’s knowledge or any third party have incurred upon usage of Services provided by Green SM through the User’s account, whether with or without User’s knowledge. 2.2. User Content includes any content you submit in connection with the Services, such as comments, feedback, support requests, or entries for promotions and competitions. You retain ownership of your User Content. However, by submitting User Content on the Platform, you grant Green SM a worldwide, perpetual, irrevocable, transferable, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit your User Content in any format or distribution channel, whether now known or developed in the future. This includes use in connection with the Services, Green SM’s business operations, and third-party platforms, without further notice to you and without compensation to you or any other party. You represent and warrant that: (i) you are the sole owner of the User Content or have obtained all necessary rights, licenses, and permissions to grant Green SM the license described above; and (ii) your User Content, and Green SM’s permitted use of it, will not infringe or violate any third party’s intellectual property rights, proprietary rights, publicity or privacy rights, or any applicable laws or regulations. You agree not to submit content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise objectionable, as determined by Green SM at its sole discretion, even if such content may otherwise be legally protected. Green SM reserves the right, but is not obligated, to review, monitor, or remove User Content at any time, for any reason, and without notice. 2.3. By using the Services, You represent and warrant that: (i) You have full legal capacity under applicable laws to accept these Terms and to enter into, perform, and comply with the Terms. Accordingly, if you are an individual, you represent and warrant that you are at least 18 years of age. (ii) All information you provide to Green SM is current, complete, and accurate at all times. (iii) You shall use the Application, the Platform, and the Services solely for lawful purposes. (iv) You shall safeguard and maintain the confidentiality of your account password and any other means of identification provided by Green SM for your access to and use of the Application, the Platform, and/or the Services. You shall not transfer your account, account information, or login credentials to any other person, except as permitted under an agreement between you and Green SM. (v) You shall immediately notify Green SM upon becoming aware of any unauthorized use of your account or any breach of security. (vi) You shall ensure that you download and install the correct version of the Application/Software compatible with your device. (vii) You shall not use the Application, the Platform, and/or the Software to transmit or store unlawful materials or information, or for any fraudulent purposes; to harass or disturb others; to submit false or fake service requests; or to violate any prohibitions under Applicable Laws. (viii) You shall not commit any acts (whether intentional or unintentional) that may cause damage to the Application, the Platform, the brand reputation, or the assets of Green SM, or other Users or which violates Applicable Laws. (ix) You shall provide Green SM with any proof of identification as may be required to establish and maintain an account for accessing the Application, the Platform, and/or the Services. (x) You agree to provide accurate, timely, and complete information. Green SM reserves the right to suspend or terminate your access to the Services at any time without prior notice if you provide false or incomplete information. (xi) You shall not engage in any fraudulent conduct against Green SM or attempt to unlawfully benefit from any promotions, events, or marketing campaigns organized by Green SM. (xii) You shall not repeatedly and consecutively cancel Product requests without legitimate reason. (xiii) Green SM reserves the right to block or restrict your access to the Account and/or certain features of the Application or Platform, without prejudice to any other rights or remedies available to Green SM, if you are found to be in violation of these Terms or applicable laws. (xiv) You shall bear any telecommunications charges incurred when using the Application, the Platform, or the Services, in accordance with your mobile service provider’s policies. (xv) Your use of the Application, the Platform, the Services, and/or any embedded features shall comply with Green SM’s information security policies and Privacy Policy. (xvii) You agree to comply with all applicable laws relating to your use of the Services and transportation services. (xviii) You shall be solely responsible for any loss or damage caused to yourself, Green SM, Green SM’s personnel, or any third party, to the extent such loss or damage is not attributable to Green SM. (xix) You shall comply with these Terms and all Green SM Policies. (xx) You shall respect the intellectual property rights of Green SM, and other Users. 2.4. If You are a User or a Customer, you further warrant that: (i) Not to carry or cause to be carried any prohibited items or items that are inconsistent with Applicable Laws, including but not limited to illegal or dangerous goods such as narcotics, prohibited drugs, hazardous substances, materials, or articles. (ii) To use the Services solely for your personal purposes. If permitted under the applicable policies, you may use the Services on behalf of another person, provided that you remain primarily responsible and liable to Green SM for such use. (iii) Not to use the Application, the Platform, the Services, and/or the Software to disturb, harass, annoy, or submit fraudulent or false service requests. 2.5. Status of the Platform and Services. For the avoidance of doubt, Green SM (Green and Smart Mobility Technologies Kazakhstan LLP) provides You with comprehensive information and technological mediation services via the Application to facilitate the placement of requests for transportation services (“Trip Requests”). Green SM is an internet-platform operator and is not a taxi carrier, transport operator, fleet owner, or freight forwarder within the meaning of the Law of the Republic of Kazakhstan “On Automobile Transport”. For the avoidance of doubt, Green SM does not exercise control over the routes, schedules, fares or conduct of Driver Partners. 2.6. The passenger transportation contract is concluded directly and exclusively between You and the Driver Partner (independent taxi carrier) in an unwritten form at the moment the Driver Partner accepts Your request via the Platform. Green SM shall not be held liable for the safety, quality, or compliance of the actual transportation, nor for any actions or omissions of the Driver Partner, including but not limited to traffic accidents, delays, or damage to property. 2.7. When You choose to pay for the transportation services by non-cash methods (including via linked bank cards), You hereby acknowledge and agree that Green SM acts strictly as an agent assisting with establishing the technological and operational process of payment collection for and on behalf of the relevant Driver Partner under the authority granted to Green SM by such Driver Partner. For this purpose, Green SM, acting in its capacity as an informational and technological intermediary, provides organisational support to connect You with authorised payment service providers licensed under the Law of the Republic of Kazakhstan “On Payments and Payment Systems”, who are exclusively responsible for accepting, processing, and transferring non-cash funds in settlement of the transportation services rendered by the Driver Partner. Payment processed through such licensed payment service providers via the Application shall be deemed valid and proper payment by You to the relevant Driver Partner. Green SM does not itself accept, hold, or transfer payment funds and does not perform payment services within the meaning of the Law of the Republic of Kazakhstan “On Payments and Payment Systems”. 3. PAYMENT 3.1. For Users: 3.1.1. Maximum Trip Fee shall be displayed on the Application prior to your availing of the Services. These Trip Fees do not include additional costs that may be incurred during the provision of the Services to you, such as toll charges or parking fees. You shall be solely responsible for the payment of such additional costs. 3.1.2. Trip Fees shall be determined and displayed through the Platform in accordance with the pricing mechanics applicable to the relevant service, as may be updated from time to time in accordance with Applicable Laws and these Terms. 3.1.3. Upon completion of the transportation services, You shall be required to fully pay the applicable Trip Fees and any additional charges using the payment method made available through the Application. Where non-cash payment is used, Green SM acts solely in its capacity as an informational and technological intermediary, providing organisational support to connect You with licensed payment service providers who collect and process such payment on behalf of the relevant Driver Partner. Green SM does not itself collect, hold, or transfer payment funds. 3.1.4. You may make payment to Green SM only by credit or debit card (the “Card”), or through any other payment method made available on the Application. 3.1.5. If you choose to pay by Card, you must register a valid Card in accordance with the requirements displayed on the Application. You agree that Green SM shall have the right to verify and authorize your Card information both upon initial registration and during each use of the Services. Any transaction-related costs associated with payment by Card shall be borne solely by You. 3.1.6. You hereby agree and undertake to share relevant Card details with licensed payment gateway operators and payment service providers engaged by or connected through Green SM to facilitate payments, for the successful completion of non-cash payment of the Trip Fee on behalf of the relevant Driver Partner. Green SM's role is limited to providing the informational and technological connection to such licensed operators; the actual collection and processing of your Card payment is performed exclusively by such licensed payment service providers. You authorize such payment gateway operators to complete such transaction(s). The User’s authorization permits the payment gateway to debit or credit the bank account associated with the User’s payment details. The User’s authorization further permits the payment gateway to use the User’s Card details for the processing of transactions initiated by the User on the Application. The User shall have the option to save Card details or bank details for ease of payment in future Trips for as long as the User maintains an Account with Green SM on the Application. 3.1.7. Any payment related issue, except when such issue is due to an error or fault in the Application and/or Website, shall be resolved between the User and the payment processor/payment gateway. Green SM shall not be responsible for any unauthorized use of the User’s credit card/debit card/net banking payment during or after availing the Services on the Application and/or Website 3.1.8. Green SM reserves the right to refuse Card payments via the Application in the following cases: A transaction error causes the issuing institution to reject the payment; The Card is suspected of being used for fraudulent, unlawful, or criminal activity; Green SM reasonably believes you are in breach of these Terms. 3.1.9. You shall be solely responsible for resolving any disputes directly with the Card issuing institution. 3.1.10. You acknowledge and agree that Trip Fees applicable in certain geographical areas may increase substantially during times of high demand (“Dynamic Pricing”). Green SM shall display a clear multiplier or estimated maximum fare on the Application before You confirm a Trip Request during a Dynamic Pricing period. Your confirmation of the Trip Request during a displayed Dynamic Pricing period constitutes Your informed consent to the applicable elevated fare. Green SM may from time to time provide certain users with promotional offers, subscriptions and discounts that may result in discounted amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers, subscriptions and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Trip Fees applied to you. You may elect to cancel your request for services at any time prior to the arrival of the Vehicle, in which case you may be charged a cancellation fee. This payment structure is intended to compensate the Driver Partner for the transportation services. 3.1.11. You understand and agree that, while you are free to provide additional payment as a gratuity to any Driver Partner who provides you with Services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Driver Partner. 3.2. Green SM shall collect, process, and protect your payment information in accordance with the Contract and Green SM’s Privacy Policy at https://www.greensm.com/kz-en/terms-policies/privacy-notice. 4. PROMOTIONS AND DISCOUNTS 4.1. Green SM may launch marketing, advertising, and promotional campaigns on the Platform (including but not limited to discount codes, vouchers, and membership packages) (each, a “Promotion”). Each Promotion may differ in terms of validity period, duration, conditions, scope of use, and other applicable features, and shall be subject to these Terms. You may choose whether or not to participate in any Promotion, through the channels and methods announced by Green SM on the Platform or as otherwise determined by Green SM from time to time. 4.2. If you participate in or implement any Promotion, you acknowledge and agree that: (i) You are the controller of, and solely responsible for, the Account provided to you for access to and use of the Platform. You shall be fully liable for all requests and actions performed through your Account. You must promptly notify Green SM of any unauthorized use, and shall indemnify Green SM and the Users for any resulting losses; (ii) Promotions must be used solely for lawful purposes and strictly in accordance with their intended terms. You shall not copy, exploit, or fraudulently use any Promotion, in whole or in part, in any manner; (iii) Promotions are non-transferable, non-exchangeable, non-refundable, and may not be redeemed for cash, unless expressly permitted in writing by Green SM. 4.3. Green SM may, from time to time, apply commercial discount policies for Users. By using the Services and/or transportation services, you agree to receive and benefit from such discount policies. 5. RATINGS AND REVIEWS Users may be permitted to rate and review the Trip and the Driver Partner in relation to the Services provided through the Platform. 6. INTELLECTUAL PROPERTY RIGHTS 6.1. Except for User Content, all intellectual property rights, related rights and and other proprietary rights in and to the trademarks, patents, Application, Software, and Platform and any related content, technology and materials made available through the Services (collectively, the “Intellectual Property”) are exclusively owned by Green SM or its licensors (if any) and are protected under applicable intellectual property laws. 6.2. If You are an User, Green SM and its licensors (if any) grant You a revocable, non-exclusive, non-transferable, and limited license to use and access the Application, Software, and/or Platform solely for the purpose of accessing and using the Services and/or Products in accordance with these Terms and the Contract. 6.3. These Terms and the Contract do not constitute a sale, assignment, or transfer of any intellectual property rights in the Application, Software, Platform, or any other intellectual property of Green SM to You. 6.4. Upon termination of the Contract for any reason, You shall immediately cease all use of Green SM’s Intellectual Property and remove any trademarks, logos, trade names, branding elements or other materials containing, displaying or incorporating Green SM’s Intellectual Property that may cause confusion regarding Your affiliation with Green SM or otherwise adversely affect Green SM’s reputation, regardless of who owns such materials. 7. CONFIDENTIALITY 7.1. You shall maintain strict confidentiality of all information and data related to Green SM, including but not limited to (i) Information about Green SM’s personnel, services, products, business operations, marketing and promotional plans, and other activities of Green SM and its affiliates; (ii) Any personal information or data disclosed to You by Green SM or its representatives, whether communicated orally or in writing, before, on, or after the date of these Terms; (iii) Any information otherwise obtained directly or indirectly from Green SM or any of its affiliates; (iv) Any information generated during the negotiation and performance of the Contract. 7.2. You shall not disclose, share, or use such confidential information for any purpose other than to fulfill Your obligations under the Contract, unless expressly authorized in writing by Green SM or required by Applicable Law. 8. INTERNET FAILURES THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GREEN SM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GREEN SM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GREEN SM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. The Services provided through the Application may be subject to limitations, delays, interruptions, or other issues inherent in the use of the internet and electronic communications. This includes, but is not limited to, situations where Your device malfunctions, has no network connection, is out of coverage area, is turned off, or otherwise fails to operate properly. In such cases, Green SM shall bear no liability for any damages, losses, or inconveniences that may arise. 9. INDEMNITY AND LIMITATION OF LIABILITY 9.1. By accepting these Terms when using the Application and the Platform, You agree to indemnify, defend, and hold harmless Green SM, its licensors, affiliates, officers, directors, members, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses arising out of or in connection with (a) Your use of the Services and/or the Application to provide or use the Products; (b) Your breach of these Terms or applicable laws; (c) Your infringement of any third party’s rights; (d) Your misuse of the Services, transportation services, and/or the Application; or (e) Your operation of any vehicle in connection with the provision of the transportation services. 9.2. You shall be liable to indemnify Green SM and its related parties for all damages resulting from any breach of this clause. Except as otherwise provided and to the maximum extent permitted by applicable law, Green SM’s total liability arising out of or in connection with these Terms, the Contract, or the Services shall be limited to the aggregate amount actually paid or incurred by You since Your commencement of using the Services, in connection with the event giving rise to the claim. 10. NOTICES Green SM may deliver notices to You via the Application, the Software, or the Platform, or by email to the email address on record. You may send notices to Green SM by Email at support.kz@greensm.com. Notices from You shall be effective upon receipt by Green SM. 11. ASSIGNMENT You shall not assign or transfer any rights or obligations under the Contract without the prior written consent of Green SM. Any assignment or transfer made without such consent shall be null and void. 12. DISPUTE RESOLUTION 12.1. Any disputes related to these Terms or the Contract shall first be resolved through negotiation between You and Green SM. If negotiation fails, either party may bring the dispute to a competent court in Almaty, Republic of Kazakhstan. 12.2. These Terms, the Contract, and any relations arising out of or in connection with the use of the Application and Services shall be governed by, and construed in accordance with, the substantive laws of the Republic of Kazakhstan. 13. PERSONAL DATA Your personal data will be collected, stored, processed, used, and shared in accordance with Green SM’s Privacy Policy. 13.1. By accepting these Terms you unconditionally accept the abovementioned Privacy Policy (available at: https://www.greensm.com/kz-en/terms-policies/privacy-notice) and You provide Green and Smart Mobility Technologies Kazakhstan LLP (“Green SM”) with Your express, voluntary, and unconditional consent to the collection, processing, and storage of Your personal data in strict compliance with the Law of the Republic of Kazakhstan “On Personal Data and Their Protection”. 13.2. For the sole purpose of executing this Contract, providing the Services, and processing payments, You hereby expressly authorize and grant Green SM the right to assign/outsource the processing of Your personal data to third parties, including but not limited to Driver Partners, IT service providers, payment gateway operators, and corporate affiliates (collectively, “Partners”). 13.3. Furthermore, You provide Your explicit and separate, freely given, specific, and informed consent to the cross-border transfer of Your personal data to foreign jurisdictions where Green SM or its Partners operate, including countries that ensure an adequate level of personal data protection, and countries that do not ensure an adequate level of personal data protection under applicable law. You acknowledge that in countries not ensuring an adequate level of protection, Your data may be subject to different standards of protection. You have the right to withdraw this consent at any time by contacting Green SM, subject to the terms of the Privacy Policy. 14. LINKS AND INTERACTIONS WITH THIRD PARTIES 14.1. The Application or Platform may include links to third-party websites for your convenience. These sites are not controlled by Green SM, so if you visit them, you do so at your own risk. Green SM is not responsible for their content or links. 14.2. The Application may also be integrated with third-party platforms or websites. When you use Green SM’s services on these platforms, you agree to their terms of service. Green SM is not responsible for their services, reliability, security, privacy policies, or operations. 14.3. When using services on third-party platforms, Green SM will process your requests but will not disclose your personal data unless necessary to fulfill your request. In that case, you agree to the third party’s privacy and data policies. 14.4. Green SM may limit or restrict access to certain features or services on third-party platforms at its discretion. 14.5. The User understands that advertising plays an important role in the provision of this Service, and that Green SM will display advertisements and other information adjacent to or as part of the Services, which the User may use. Green SM may periodically send promotional emails, SMSs or push notifications to the User about Services offered by its advertisers and by its own. The User may opt out of receiving marketing communications at any time by adjusting the notification settings within the Application or by contacting Green SM at support.kz@greensm.com. Opting out of marketing communications will not affect the User's ability to receive transactional or service-related notifications. 15. GRIEVANCE OFFICER If you have any complaints or grievances relating to any aspect of the Services, you may approach Our customer care and grievance redressal team for the resolution of such issues by writing to: • E-mail: support.kz@greensm.com 16. GREEN SM COMPANY DETAILS: Name: Green and Smart Mobility Technologies Kazakhstan LLP Business Identification Number (BIN): 260340028805 Registered Address: Kazakhstan, Almaty city, Bostandyk district, Ryskulbekova street, building 28/8, n.p. 56, postal code 050043 Email for User claims and support: support.kz@greensm.com Published date: 08 June 2026 Effective date: 08 June 2026