NESS TERMS & CONDITIONS

Effective: June 20th, 2026

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1.   Introduction

‍These Terms and Conditions ("Terms") govern your access to and use of the Ness mobile application, website, software, content, artificial intelligence features, questionnaires, and related services (collectively, the "Services").

‍The Ness Chat Service is operated by DataGo LLP, a limited liability partnership registered under the laws of the Republic of Kazakhstan ("Ness", "we", "our", or "us").

By downloading, accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms without limiting the UAE ADDENDUM. If you do not agree to these Terms, you must not access or use the Services.

2.   Definition

In these Terms and Conditions, the following definitions apply:

  1. “Ness Chat (DataGo LLP) Mobile Application”, “we”, “us”, “our” operates and own the Mobile Application and Services.

  2. “Mobile Application” means the Ness Chat mobile application available at www.ness.chat and any associated pages or subdomains operated by us.

  3. “You”, “your”, “user” means any person accessing, browsing, or using the Mobile Application.

  4. “AI System” means any artificial intelligence, machine learning, automated moderation, language model, algorithmic decision-making tool, chatbot, or similar technology made available through the Services.‍ ‍

  5. “Questionnaires” means any surveys, assessments, reflection tools, wellness check-ins, screening tools, journaling prompts, or similar features provided through the Services.‍ ‍

  6. “Content” means all material on the Mobile Application, including text, images, graphics, logos, and design.

  7. “Terms”/“Terms and Conditions” means these terms governing the use of the Mobile Application and the services.

  8. “Privacy Policy”, mean the separate policies available on the Mobile Application, which form part of these Terms.

  9. “Force Majeure Event” means any event beyond our reasonable control which prevents or delays the performance of our obligations under these Terms.

3.   Our Services

The Ness Services are designed solely to provide:

  1. General wellness support;

  2. Self-help tools;

  3. Self-reflection resources;

  4. Educational information;

  5. Journaling assistance;

  6. Personal development content;

  7. AI-generated conversational assistance

The Services are informational and self-development tools only. The Services are not intended to replace professional advice, diagnosis, treatment, counselling, psychotherapy, crisis intervention, medical care, or emergency services.

If you have any questions about other services, you can contact us at Info@datago.kz.

4.   Registration

To be eligible to use the Mobile Application you must:

a. Possess a valid Ness Account.

b. Be over 18 years of age.

By using the mobile application, you specifically authorise Ness to transmit information about you to third parties if that information is necessary in the performance of our contractual obligation to you. Full details about how we use and manage any Personal Information held about you is detailed in our Privacy Policy.

5.   Subscriptions and Future Paid Features

The Service is currently provided free of charge unless otherwise stated within the application. Ness Chat (DataGo LLP) may introduce optional paid features, premium services, subscriptions, or other paid offerings in the future. If paid features are introduced, additional pricing, billing, renewal, cancellation, and refund terms will be presented to users before any purchase is completed and will form part of these Terms.

Unless expressly stated at the time of purchase, no subscription fees, recurring charges, or automatic renewals apply to your use of the Service.

We reserve the right to modify, introduce, discontinue, or change paid features and pricing at any time, subject to applicable law and any notice requirements imposed by the relevant app store platform.

6.   Important Disclaimers

You acknowledge and agree that:

  • AI-generated outputs may be inaccurate, incomplete, or misleading;

  • the Service is not a substitute for professional advice;

  • you should not rely on outputs for medical, psychological, legal, or financial decisions;

  • All use is at your own discretion and risk.

7.   Not for Emergencies

The services should not be substituted for an emergency service. Furthermore, you must not rely on the Services in any situation involving:

a. Suicidal thoughts;

b. Self-harm risk;

c. Mental health crisis;

d. Medical emergencies;

e. Psychiatric emergencies;

f. Threats of violence;

g. Abuse situations;

h. Any circumstance requiring immediate professional intervention.

If you believe that you or another person may be in danger, experiencing a medical emergency, or requiring urgent assistance, you must immediately contact: Emergency services; Local healthcare providers; Crisis support services; and qualified medical professionals.

Ness Chat (DataGo LLP) Mobile Application does not monitor users in real time and cannot guarantee intervention, assistance, rescue, welfare checks, or emergency support.

8.   Automated Safety Features

The Services may include automated safety detection systems that analyze user interactions. Where the system identifies content that may indicate distress, safety concerns, policy violations, misuse, or other risks, the Services may automatically:

  1. Restrict access;

  2. Limit functionality;

  3. Suspend conversations;

  4. Disable features;

  5. Freeze chat access

We may uыse automated systems to detect potential safety concerns or misuse of the Service. Where appropriate, we may apply temporary restrictions, including chat freezes of up to twenty-four (24) hours. These measures may be applied automatically and without prior notice. Ness Chat (DataGo LLP) Mobile Application does not guarantee that: Safety detection systems will identify all risks; any risk will be identified correctly; Safety interventions will be accurate and Chat freezes will prevent harm.

Users remain solely responsible for their own actions, decisions, wellbeing, and safety.

9.   Self-Assessment & Questionnaires

Any questionnaires, wellness assessments, journaling prompts, self-reflection tools, checklists, screening questions, scores, summaries, or insights provided through the Services: are intended solely for personal reflection and wellbeing purposes.

They:

a. are not medical assessments;

b. are not diagnostic tools;

c. do not determine whether you have a mental health condition;

d. Should not be used for clinical decision-making.

Any results, scores, indicators, suggestions, trends, or observations generated by the Services should not be interpreted as a diagnosis, prognosis, or professional opinion

10.     User Contents

You retain all rights, title, and interest in and to any information, content, text, messages, prompts, responses, journal entries, questionnaire responses, assessments, reflections, feedback, or other materials that you submit, upload, enter, transmit, or otherwise make available through the Service ("User Content").

‍ ‍By using the Service, you grant Ness and DataGo LLP a worldwide, non-exclusive licence to process, store, transmit, and analyse such content solely for:

a. operating the Service;

b. improving functionality;

c. safety monitoring;

d. security purposes;

e. legal compliance.

Nothing in these Terms transfers ownership of your User Content to Ness Chat (DataGo LLP) Mobile Application.

11.     AI Processing

You acknowledge and agree that User Content may be processed by automated systems, including artificial intelligence and machine learning technologies, for the purposes described in these Terms and the Privacy Policy. Such processing may include:

a. analysing prompts and responses;

b. identifying behavioural patterns;

c. generating personalised insights;

d. detecting safety concerns;

e. improving system performance and reliability;

f. Maintaining platform security.

You understand that AI systems may process User Content without human review unless review is reasonably necessary for safety, security, legal compliance, customer support, system maintenance, or investigation of suspected misuse.

12.     Sensitive Wellness Data

The Service is designed to facilitate self-reflection, wellbeing tracking, journaling, personal development, and wellness-related conversations. As part of your use of the Service, you may voluntarily provide information relating to your emotions, wellbeing, mental state, life experiences, personal circumstances, relationships, habits, goals, or other matters that may be considered sensitive in nature.

Such information may include, without limitation:

  1. emotional or psychological experiences;

  2. mood-related information;

  3. wellbeing assessments and questionnaire responses;

  4. journal entries and personal reflections;

  5. discussions regarding stress, anxiety, burnout, motivation, relationships, grief, or similar topics;

  6. Information that may reveal aspects of your health, wellbeing, or personal circumstances.

For the purposes of these Terms, such information is referred to as "Sensitive Wellness Data."

By submitting Sensitive Wellness Data through the Service, you expressly consent to Ness Chat (DataGo LLP) Mobile Application collecting, storing, processing, analyzing, and using such information for the purposes described in these Terms and the Privacy Policy

13.     Prohibited Use

As a User of the Mobile Application, you agree to abide by the following guidelines; you must not use the service:

a. For medical diagnosis;

b. For treatment decisions;

c. For crisis management;

d. For emergency response;

e. For professional healthcare services;

f. To develop competing products;

g. To train third-party AI systems;

h. To engage in unlawful activity;

i. To infringe intellectual property rights.

14.     Intellectual Property Rights

All intellectual property rights in the Services are owned by or licensed to the Ness (DataGo LLP) Mobile Application.

This includes:

a. Software;

b. AI systems;

c. Databases;

d. Logos;

e. Trademarks;

f. Designs;

g. Content;

h. Documentation.

No ownership rights are transferred to users.

15.     Our Privacy (Data Privacy)

By using the Services, you acknowledge that your personal data will be collected, used, stored, and otherwise processed as described in our Privacy Policy.

We process personal data in accordance with:

  1. The principles of the EU General Data Protection Regulation (GDPR);

  2. Applicable data protection and privacy laws of the Republic of Kazakhstan;

  3. Applicable data protection laws in jurisdictions where the Services are offered, where required by law; and

  4. Our Privacy Policy.

Where you voluntarily provide Sensitive Wellness Data or other special category personal data through the Services, you expressly consent to the processing of such information for the purposes set out in these Terms and the Privacy Policy. Such consent may be withdrawn at any time, subject to legal and operational limitations described in the Privacy Policy.

16.     Indemnification

You agree to indemnify and hold harmless Ness Chat (DataGo LLP) Mobile Application, its partners, officers, employees, contractors, and affiliates from claims, losses, liabilities, damages, costs, and expenses arising from:

a.      your misuse of the Service;

b.      breach of these Terms;

c.      Violation of applicable law.

17.     Limitations of Liability

The app is provided strictly on an “as is” and “as available” basis, with no guarantees of accuracy, reliability, availability, or fitness for any purpose. Users acknowledge they use the Service at their own risk, and are solely responsible for any decisions made based on AI outputs, assessments, or insights. Ness Chat (DataGo LLP) Mobile Application disclaims liability for a wide range of outcomes, including:

  1. mental, emotional, psychological, or physical health impacts;

  2. deterioration in wellbeing;

  3. reliance on AI-generated content;

  4. personal or medical decisions made using the Service;

  5. loss of data, income, opportunity, or reputation;

  6. service errors, downtime, bugs, or security issues;

  7. Failure of safety detection systems.

Ness Chat (DataGo LLP) Mobile Application is not responsible for indirect or consequential losses, including punitive or special damages.

18.     Termination

We may terminate or restrict your access to the Mobile Application at any time, with or without notice, if you violate these Terms or for any other reason at our discretion.

Upon termination:

  1. Your right to use the Mobile Application ceases immediately

  2. These Terms remain in effect for matters occurring before termination

19.     Changes to These Terms

We may update these Terms from time to time. When we do:

  1. The updated Terms will be posted on this page

  2. The "Last updated" date will be changed

  3. Significant changes may be communicated via email or Mobile Application notice

Your continued use of the Mobile Application after changes constitutes acceptance of the updated Terms.

20.     Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kazakhstan, without regard to its conflict of law principles. Subject to any mandatory rights or remedies available to consumers under applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be submitted to the exclusive jurisdiction of the courts of the Republic of Kazakhstan.

Nothing in these Terms shall limit, exclude, or restrict any non-waivable rights, protections, or remedies that may be available to consumers under applicable consumer protection, privacy, or data protection laws, including those of the United Arab Emirates where applicable.

21.     Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

22.     Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Mobile Application

23.     Contact Information

If you have any questions about these Terms, please contact us: Email: Info@datago.kz

UAE ADDENDUM TO TERMS OF SERVICE

This UAE Addendum (“UAE Addendum”) forms part of and supplements the Terms of Service of NESS (“Terms”) operated by DataGo LLP. In the event of any conflict between this UAE Addendum and the main Terms, this UAE Addendum shall prevail solely to the extent required for compliance with applicable laws of the United Arab Emirates.

1.     Territorial Application

This UAE Addendum applies to users accessing or using the Service from within the United Arab Emirates. Users acknowledge that certain mandatory provisions of UAE law may apply to their use of the Service regardless of the governing law clause contained in the main Terms.

2.     Regulatory Acknowledgement (UAE PDPL)

‍To the extent applicable, DataGo LLP processes personal data in accordance with:

  1. UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (PDPL);

  2. any implementing regulations or guidance issued by UAE competent authorities;

  3. applicable international data protection standards (including GDPR principles where relevant); and

  4. The Privacy Policy of the Service.

Where UAE law imposes mandatory requirements that cannot be waived by contract, such requirements shall apply notwithstanding any contrary provision in the Terms.

3.     Wellness and Non-Medical Nature

Users in the UAE expressly acknowledge and agree that:

  • the Service is a wellness and self-help tool only;

  • it does not constitute medical, psychological, psychiatric, or therapeutic advice or treatment;

  • it is not licensed or regulated as a healthcare provider in the UAE;

  • It must not be relied upon as a substitute for professional medical or mental health services.

Users further acknowledge that any AI-generated outputs are informational and may be inaccurate or incomplete.

4.     No Emergency or Crisis Service

The Service is not an emergency or crisis response system. If you are located in the UAE and are experiencing a medical or mental health emergency, you must contact appropriate emergency services or licensed healthcare providers immediately. The Service does not guarantee real-time monitoring, intervention, or emergency response.

5.     User Content and Sensitive Data (UAE Context)

Where users submit Sensitive Wellness Data or personal data from within the UAE:

  1. such data is processed based on user consent and/or other lawful bases permitted under applicable UAE law;

  2. users acknowledge that such data may be transferred, stored, or processed outside the UAE, including in Kazakhstan or other jurisdictions where service providers operate;

  3. DataGo LLP will take reasonable technical and organizational measures to protect such data in accordance with applicable law.

6.     Cross-Border Data Transfers

Users in the UAE expressly consent to the transfer of their personal data outside the UAE for the purposes of:

  1. service operation;

  2. cloud hosting;

  3. analytics and safety monitoring;

  4. customer support;

  5. Legal and regulatory compliance.

Such transfers may occur to jurisdictions that may not provide the same level of data protection as the UAE, and are subject to appropriate safeguards as described in the Privacy Policy.

7.     Safety Features and Automated Decisions

Users acknowledge that the Service may use automated systems to:

  1. detect potential distress or risk indicators;

  2. apply temporary restrictions (including chat pauses or freezes);

  3. Generate safety prompts or informational resources.

These automated systems are not a substitute for professional intervention and may not always be accurate or complete.

8.     Consumer Rights (UAE)

Nothing in the Terms or this Addendum shall limit any non-excludable consumer rights under applicable UAE law. However, to the maximum extent permitted, liability exclusions and limitations in the Terms shall continue to apply.

9.     Governing Law and Disputes

The Terms remain governed by the laws of the Republic of Kazakhstan. However:

  1. UAE users may retain rights under mandatory UAE consumer protection laws where applicable; and

  2. Nothing in the Terms shall be interpreted as excluding mandatory jurisdictional rights that cannot legally be waived.

Disputes shall primarily be subject to the dispute resolution provisions in the main Terms, unless otherwise required by mandatory UAE law.

10. Language

‍This UAE Addendum may be provided in English. If translated into Arabic or any other language, the English version shall prevail unless otherwise required by UAE law.