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SECTION 1. GENERAL PROVISIONS AND SUBJECT MATTER OF THE AGREEMENT

1.1. About iMembers

iMembers is a mobile application that enables users to create, store, protect, and send to specific recipients digital time capsules — personal messages to the future that become available to the recipient only upon the arrival of a specified date. The application supports text, audio, video, and mixed message formats with the ability to attach images and documents, add additional protection with an access key, and send to multiple recipients.

1.2. Legal status

The operator and rights holder of the iMembers Service is Nazerke Saktapbergenova, an individual carrying out activities in accordance with the legislation of the Republic of Kazakhstan. The provisions of this Agreement have been developed taking into account the requirements of the applicable legislation of Kazakhstan, international data protection standards, and the legislation of the states whose languages are supported in the application (the Russian Federation, Germany, Spain, Italy, France, Japan, the People's Republic of China), as well as the generally recognized norms of international law in the field of personal data protection and information security.

1.3. Amendments to the Agreement

The Company reserves the right to make amendments to this Agreement. We will notify you of material changes via a push notification in the application or to the email address provided at registration no less than 30 (thirty) days before the changes take effect. If you do not agree with the updated terms, you may delete your account before the specified date. Continued use of the Service after the date the changes take effect signifies your unconditional acceptance of the new terms. The current version of the Agreement is always available in the "Profile → Security → Terms of Use" section.

SECTION 2. RIGHT TO USE. AGE AND LEGAL CAPACITY

2.1. Age restrictions

Use of iMembers is permitted for persons who have reached 16 (sixteen) years of age. Persons aged between 16 and 18 may use the Service only with the confirmed consent of a parent or legal guardian. By creating an account, you expressly confirm and warrant that you are at least 16 years old. The Company shall not be liable for the consequences of a user providing inaccurate information about their age. If we become aware that a user does not meet the age requirement, we will immediately block and irreversibly delete their account together with all associated data.

2.2. Legal capacity

By accepting this Agreement, you confirm that you have full legal capacity and competence to enter into legally binding contracts. If you accept the Agreement on behalf of an organization, you also confirm that you have the authority to act on its behalf.

2.3. Territorial restrictions

If the use of the Service is prohibited by the legislation of your country of residence, or if you are included in sanctions lists applicable to the Company's activities, you may not use iMembers. Any access to the Service in violation of this provision constitutes a breach of this Agreement and of the norms of applicable law.

SECTION 3. REGISTRATION, ACCOUNT, AND SECURITY

3.1. Creating an account

To use the Service, you must create an account in one of the following ways: registration via email address and password (minimum 6 characters); sign-in via a Google Account; sign-in via an Apple ID (iCloud). When registering, you are obliged to provide truthful, accurate, and current data, including your real first and last name. Providing knowingly false information constitutes a breach of this Agreement.

3.2. Account security

You bear full and sole responsibility for: maintaining the confidentiality of your credentials (login and password); all actions performed under your account, regardless of whether you personally performed them; immediately notifying the Company of any unauthorized use of your account or other security breaches at support@imembers.app. The Company shall not be liable for losses arising from unauthorized use of your account through your fault.

3.3. Limit on the number of accounts

Each user may have only one account. Creating additional accounts for the purpose of circumventing restrictions, blocks, or temporary suspensions imposed by the Company is strictly prohibited. Violation of this provision entails the deletion of all associated accounts.

3.4. Security tools

iMembers provides the following set of account protection measures: two-factor authentication (2FA); biometric authentication — Face ID and Touch ID; auto-lock after a period of inactivity (from 1 minute); hiding of content when switching tasks; security push notifications; a Panic Button — immediate and irreversible deletion of all data with forced sign-out from the account. Despite the measures applied, the Company cannot guarantee absolute protection against all cybersecurity threats.

SECTION 4. DESCRIPTION OF THE SERVICE AND ITS FUNCTIONAL CAPABILITIES

4.1. Core functionality

iMembers provides the following capabilities. Creating capsules: text capsules — written messages with a limit of up to 2,000 characters; audio capsules — voice recordings; video capsules — video recordings from the device's camera; mixed capsules — text, audio, video, and images simultaneously; attaching files: images (JPG, PNG, WEBP, GIF, HEIC) and documents (PDF, DOC/DOCX, XLS/XLSX, PPT/PPTX, TXT, CSV, RTF, ZIP, etc.) — up to 4 attachments per capsule, up to 25 MB per file; the recipient can open and save received documents to their device. Attachments (including documents) are transmitted and stored on the server in encrypted form (end-to-end encryption); the server sees only the file's service category (type), not its content. Managing capsules: setting an opening date; protection with an access key; the "Favorites" feature; a capsule calendar; the Panic Button. Contacts and delivery: managing a contact list; sending by Email; sending by in-app ID; push notifications about events; local notifications about capsule events are enabled by default and can be disabled in settings (Profile → Security).

4.2. Free access

As of the moment of acceptance of this Agreement, the core functions of the Service are provided free of charge. Extended functionality is available under the paid subscriptions described in Section 4a of this Agreement.

SECTION 4a. PAID SUBSCRIPTIONS AND PAYMENT PROCEDURE

4a.1. General provisions on subscriptions

iMembers offers paid subscriptions ("Subscription", "iMembers Premium", "iMembers LifeTime") that provide access to extended functionality of the Service. Subscriptions are arranged through the official payment platforms: the Apple App Store (for iOS/iPadOS devices) and the Google Play Store (for Android devices). All payment transactions are processed exclusively by the said platforms in accordance with their own terms of use and privacy policies. The Company does not store or process bank card data or other payment details of users.

4a.2. Pricing plans

The Company offers the following types of subscriptions (specific prices are stated in the application on the subscription purchase screen and may vary depending on region and currency):

4a.3. Automatic subscription renewal

We draw your particular attention to the fact that, when arranging any recurring subscription (monthly or annual), the subscription is automatically renewed for a similar period upon the expiry of the current term. The charge is made to the payment method linked to your Apple ID or Google Play account 24 hours before the end of the current subscription period.

Automatic renewal continues indefinitely until you voluntarily disable it no later than 24 hours before the date of the next charge. Disabling the subscription after the start of a new billing period does not entail a refund for the current period.

Important: the iMembers LifeTime subscription is a one-time payment and is not subject to automatic renewal under any circumstances. After the one-time payment has been made, no subsequent charges are made under this plan.

To disable automatic renewal of recurring subscriptions, you must use the settings of the relevant platform:

4a.4. Trial period

At the Company's discretion, individual users may be granted a free trial period (Trial) of a duration stated on the subscription purchase screen. Upon expiry of the trial period, the subscription automatically transitions to paid mode with an immediate charge of the cost of the selected pricing plan, unless the user has canceled the subscription before the end of the trial period. The trial period applies exclusively to recurring subscriptions (monthly and annual) and does not apply to the iMembers LifeTime plan. Each user may take advantage of a free trial period only once.

4a.5. Changes to subscription cost

The Company reserves the right to change the cost of recurring subscriptions. In the event of a price change, you will be notified through the application and/or to your email address no less than 30 (thirty) days before the new price takes effect. The new price applies starting from the next billing period. The cost of the iMembers LifeTime plan is fixed at the moment of purchase and is not subject to revision with respect to payments already made.

4a.6. Refunds

All matters regarding refunds for purchased subscriptions are governed exclusively by the refund policies of the Apple App Store and the Google Play Store, respectively. The Company does not issue refunds directly, except in cases where this is expressly provided for by applicable consumer protection legislation. To request a refund, contact: via Apple — at reportaproblem.apple.com; via Google Play — through the "Orders" section in Google Play.

4a.7. Functionality of the Premium subscription

The iMembers Premium and iMembers LifeTime subscriptions unlock access to extended capabilities, including: an unlimited number of capsules; increased storage capacity for media files; extended capsule formats; priority delivery; extended privacy settings; the absence of advertising; priority technical support. Holders of iMembers LifeTime receive access to all current and future Premium features without any additional payments for the entire period of the Service's existence. The current list of benefits is available on the subscription management screen in the application.

4a.8. Suspension or termination of a subscription by the Company

In the event of an account being blocked in accordance with Section 9.2, access to Premium features ceases immediately. No refund is issued for the unused period, except in cases provided for by applicable law. Upon the cessation of the Company's activities, users are notified no less than 30 days in advance; for holders of iMembers LifeTime and active recurring subscriptions, the Company takes reasonable measures to arrange a proportional refund.

SECTION 5. USER'S RIGHTS TO CONTENT. LICENSE

5.1. Ownership

You retain all intellectual property rights to the content that you create and place in capsules ("User Content"). The Company does not claim ownership of your content.

5.2. User's license to the Company

By placing content in iMembers, you grant the Company a limited, non-exclusive, royalty-free, revocable license to use the User Content solely for the following purposes: storage and backup on the Company's secure servers; processing and transmission of the content to the recipient designated by you within the established timeframe; technical optimization of transmission quality without altering the semantic content. This license does not grant the Company the right to use your content for advertising, marketing, or commercial purposes, for the training of artificial intelligence, or for transfer to third parties without your express consent.

5.3. Revocation of the license

The license is automatically revoked when you delete the relevant capsule or account, except in cases where data storage is required by virtue of the requirements of applicable law.

SECTION 6. ACCEPTABLE USE. RESTRICTIONS AND PROHIBITIONS

6.1. General rules of use

You undertake to use iMembers only for lawful, permitted, and good-faith purposes. The use of the Service in any manner that may cause harm to the Company, other users, third parties, or the Service itself is categorically prohibited.

Since the contents of capsules are protected by end-to-end encryption and are not accessible to the Company in unencrypted form, responsibility for the content of the capsules you create, store, and send lies solely with you. You are solely responsible for the lawfulness of such content and for the consequences of its disclosure to the recipient; the Company does not moderate the contents of capsules and bears no responsibility for them.

6.2. Prohibited content

When using iMembers, it is strictly prohibited to create, store, transmit, or otherwise distribute content that is unlawful; contains threats of violence or promotes hatred; infringes the intellectual property rights of third parties; discloses the personal data of third parties without their consent; constitutes child sexual abuse material (CSAM) — upon detection of such content, the account is immediately blocked and the data is transferred to law enforcement authorities; contains malicious program code.

6.3. Prohibited actions

It is prohibited to: use automated tools to access the Service without permission; reproduce or resell any part of the Service; make attempts at unauthorized access to the data of other users; use the Service to send spam; decompile, disassemble, reverse engineer, or otherwise attempt to extract the source code of the Service, except in cases expressly permitted by mandatory provisions of law; create derivative works based on the Service; sublicense, lease, or otherwise transfer rights to use the Service to third parties; use the Service for the purpose of obtaining financial gain without the written consent of the Company.

SECTION 7. CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA

7.1. General principles

The Company adheres to the principles of data collection minimization, transparency, and purpose-limited use of information. We process users' personal data in strict accordance with applicable data protection legislation.

7.2. Account data

Upon registration and use of the Service, the Company collects: the user's first and last name; the email address; the password hash (the original password is not stored); the date and time of registration; session data.

7.3. Storage of media content

All media files of capsules are stored on the Company's servers in encrypted form (as ciphertext) throughout the entire lifecycle of the capsule; data transmitted between the application and the servers travels over a secure connection (TLS). The encrypted content can be decrypted only on the device of the designated recipient with their key; before the arrival of the date or other opening condition, the Company does not provide the recipient with the encrypted envelope of the capsule.

7.4. End-to-end encryption of content, metadata, and access upon request

Data transmitted between the application and the Company's servers is protected using the TLS protocol. The contents of capsules are additionally protected by end-to-end encryption and are stored on the Company's servers exclusively as ciphertext.

End-to-end encryption is implemented on the basis of modern, generally recognized standard algorithms: key exchange and the addressed wrapping of the capsule key — X25519 (sealed box); encryption of the message body and media files — XChaCha20-Poly1305 (authenticated encryption); signing and verification of the sender's authenticity — Ed25519; protection of the key backup with a passphrase — Argon2id. A separate random key is used for each capsule. The data is encrypted on the sender's device and can be decrypted only on the recipient's device (and, for capsules addressed to oneself, on your device). The Company, its servers, and its personnel have no technical ability to gain access to the encrypted contents of capsules (text and media files) in unencrypted form.

Metadata (open service data). For the operation of the Service, part of a capsule's data is processed and stored on the servers in open (unencrypted) form and is therefore technically accessible to the Company: the name (title) of the capsule; the date, time, and type of opening condition; the sender and recipient(s) of the capsule; technical information about attachments (quantity, type, size); service timestamps. End-to-end encryption protects the message body and media files but NOT the listed metadata. Do not place confidential information in the name of a capsule.

Access upon lawful request. The Company has no access to users' encryption keys: there is no key escrow, "master keys", or technical "backdoors". As a consequence, upon a lawful and duly formalized request from competent authorities, the Company is technically able to provide only the encrypted contents of capsules (ciphertext) and the open metadata listed above; the Company cannot decrypt the message body or media files. A user's key backup (if created) is encrypted with a key derived from your passphrase (Argon2id) and is not accessible to the Company. The Company does not use the contents of capsules for advertising or marketing purposes and does not transfer them to third parties without your consent or other lawful grounds.

Responsibility for the passphrase. The passphrase for the key backup is known only to you and is not stored by the Company. If you lose it, access to previously encrypted capsules cannot be restored: neither you nor the Company can technically decrypt them, including upon a court request. The end-to-end encryption reset function (provided in case the passphrase is lost) destroys the keys — access to previously encrypted capsules is lost irrevocably, while you can enable encryption again with a new passphrase. When creating a passphrase, store it securely; the Company is not liable for loss of access to encrypted content resulting from a lost passphrase.

7.5. Requested permissions

The application requests access to the camera (only when recording video), the microphone (only when recording audio or video), the device's contacts (optional, only upon the user's express request; when finding friends, the email addresses of the selected contacts are sent to the server transiently solely to match them against registered iMembers users and are NOT stored on the server; the address book itself is stored only on the device), and geolocation (optional, only when selecting a location-based capsule opening condition).

7.6. What we do not do

The Company guarantees that it does not sell personal data to third parties; does not monetize data through advertising networks; does not use the contents of capsules to train AI; does not access the camera, microphone, or geolocation in the background.

7.7. Data transfer

Users' data may be processed in data centers in various jurisdictions in accordance with the requirements of applicable personal data protection legislation.

7.8. Users' rights

You have the right to access your data, correct it, request its deletion, receive it in a machine-readable format, or object to certain types of processing. To exercise your rights, contact: support@imembers.app.

7.9. Data retention period

Account data is stored for the duration of the account. After the account is deleted, backups are destroyed within 90 days.

SECTION 8. INTELLECTUAL PROPERTY

8.1. Rights of the Company

iMembers, including the program code, design, trademark, logo, user interface, and databases, is an object of the Company's intellectual property. This Agreement does not transfer to you any rights to the Company's intellectual property other than the limited right to use the Service.

8.2. Feedback

By sending the Company suggestions or ideas, you grant the Company a royalty-free, perpetual right to use them to improve the Service without remuneration to you.

8.3. Notices of copyright infringement

Upon detecting infringements of your intellectual property rights, send a notice to support@imembers.app with a description of the infringed right and a link to the infringing content.

SECTION 9. ACCOUNT DELETION AND TERMINATION OF ACCESS

9.1. Deletion at the user's initiative

You have the right to delete your account at any time via "Profile → Security → Delete Account". Upon deletion, all capsules, contacts, and data are irreversibly deleted; the account cannot be restored; backups are deleted within 90 days. Upon account deletion, the encryption keys are destroyed and cannot be recovered. Before deleting your account, make sure you have canceled your active subscription via your Apple ID or Google Play settings to avoid further charges.

9.2. Termination of access at the Company's initiative

The Company has the right, without prior notice, to suspend or terminate access in the event of a breach of the Agreement, the detection of unlawful activity, the receipt of an order from competent authorities, or the detection of CSAM content.

9.3. Prolonged inactivity

The Company has the right to delete an account that has shown no activity for 24 months, by sending notice 30 days in advance.

SECTION 10. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

10.1. Provision "as is"

The Service is provided on an "as is" and "as available" basis without any express or implied warranties of uninterrupted operation and freedom from errors.

10.2. Limitation of liability

The Company shall not be liable for the loss of data as a result of technical failures or force majeure; the contents of other users' capsules; the actions of third parties who gained access to an account through the user's fault; the inability to use the Service due to changes in Google or Apple policies; any indirect or punitive damages.

10.3. Force majeure

The Company is released from liability for the non-performance of obligations as a result of force majeure circumstances.

10.4. Limit of liability

To the maximum extent permitted by applicable law, the Company's aggregate liability for any claims related to the use of the Service shall not exceed the amount actually paid by you for an iMembers subscription over the 12 (twelve) months preceding the event giving rise to the claim. This limitation does not apply to liability that cannot be excluded or limited by virtue of mandatory provisions of applicable law.

SECTION 11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1. Governing law

The Agreement is governed by the legislation of the Republic of Kazakhstan as the primary applicable law, as well as by the legislation of the Russian Federation, Germany, Spain, Italy, France, Japan, and the PRC — in the part concerning users from the respective countries, and by the norms of the EU GDPR, APPI, PIPL — as applied to matters of personal data protection. In the event of a conflict of norms, the norm providing the greatest protection of the user's rights applies, provided this does not contradict the mandatory norms of the legislation of the Republic of Kazakhstan.

11.2. Pre-trial settlement

Before applying to a court, the parties undertake to attempt to settle the dispute through negotiations. A claim is sent to support@imembers.app. The Company reviews the claim within 30 days.

11.3. Judicial dispute resolution

If pre-trial settlement is impossible, the dispute is heard in the courts of general jurisdiction at the location of the Company in accordance with the legislation of the Republic of Kazakhstan.

SECTION 12. MISCELLANEOUS PROVISIONS

12.1. Severability. The recognition of any provision as invalid does not affect the legal force of the remaining provisions.

12.2. Waiver of rights. The Company's non-exercise of any right does not constitute a waiver of it in the future.

12.3. Assignment of rights. You may not transfer your rights under the Agreement without the written consent of the Company. The Company has the right to assign its rights to a legal successor upon reorganization, with notice to users.

12.4. Entirety of the Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior arrangements.

12.5. Language of the Agreement. The Agreement is drawn up in the Russian language. Translations are for reference purposes; in the event of a discrepancy between the texts, the Russian-language version takes precedence.

SECTION 13. CONTACT INFORMATION

For all matters related to this Agreement, subscriptions, the processing of personal data, the exercise of your rights, reports of security breaches, or unlawful content, please contact:

We strive to review inquiries within 5 business days. In exceptional cases, the review period may be up to 30 days, of which you will be notified.