NESS APP AND DATAGO LLP TERMS AND CONDITIONS

(Effective October 28th, 2025)

Welcome to Ness!

These Terms of Service (“Terms”) govern your access to and use of the Ness mobile application and its associated features, tools, and services (collectively, the “Services”). You agree to be legally bound by these Terms.

1. Acceptance

These Terms and Conditions of Use (the “Terms”) constitute a legally binding agreement between the individual or entity downloading or otherwise accessing the Ness mobile application (the “App”) and DataGo LLP, a limited liability partnership duly formed and existing under the laws of its jurisdiction of registration DataGo LLP, (“Ness”, “we”, “us”, or “our”).

By installing, registering for, accessing, or using the App, you acknowledge and accept that you have read these Terms carefully, understand them in full, and agree to be legally bound by them in their entirety. Should you disagree with any provision herein, you must immediately refrain from using or accessing the App, and delete any installed copies from your device.

If you download the mobile application from Google Play Store or Apple’s Store’ Apple’s or Google Play Store Standard EULA shall apply to your use of the mobile application. in addition to these Terms. Where they conflict, Apple’s/Google Play’s terms control the matters it requires; otherwise, these Terms apply between you and us.

We strongly advise that you retain a copy of these Terms for your future reference.

2. Legal Information

DataGo LLP ("we", "us", "our") trading as (Ness) (A company registered in Kazakhstan) owns and operates the website and services available at https://datago.kz.

Described below is our Company information:

a. Business Name: DataGo LLP

b. Product/Mobile App Name: Ness

c. Registered Office: 050059, Almaty, Kazakhstan Bostandyk District, Al-Farabi Avenue, Building 17/1, Block 5B, 8th Floor.

d. Company Registration Number: [xxxxxxxx] Registered in Kazakhstan

e. VAT Number: [Insert VAT Number]

f. Contact Email: a.davlenova@datago.kz.

g. Customer Service Number: [Insert Telephone Number].

3. Updates and Service Availability

Ness may periodically release updates, enhancements, or security improvements to ensure optimal performance of the Services. Users are responsible for installing the latest version of the mobile application to maintain continued access and functionality.

Ness strives to provide reliable and accessible Services; however, uninterrupted or error-free operation cannot be guaranteed. DataGo LLP reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, whether temporarily or permanently, without prior notice and without liability to the user

4. The Ness Services

The Ness app provides automated artificial intelligence features, and emotional well-being support through interactive chatbot conversations including content generation, predictions, and data-driven responses (“Services”). These Services are offered for informational purposes only and do not constitute professional advice (including legal, medical, or financial advice). Outputs may contain inaccuracies or errors.

The Application also provides access to a digital artificial intelligence environment designed to support users in strengthening their emotional resilience and general mental well-being. Through a combination of automated guidance, reflective tools, and user-driven learning, the Services aim to enhance self-awareness and personal coping strategies in everyday life. The principal functionalities presently offered within the Application include:

a. AI Support. A conversational AI chatbot capable of delivering general self-help techniques, evidence-based wellness suggestions, and reflective prompts intended to assist users in evaluating and understanding their emotional states. Interactions are generated automatically by machine-learning technologies and are dependent upon information voluntarily entered by users.

b. Mental Health Programmes. Access to structured, non-clinical exercises, self-assessment tools, and behavioural techniques intended to help users explore emotional regulation, stress management, and the development of positive habits. These features are not diagnostic and do not assess the presence, progression, or severity of any mental health condition.

c. General Support Resources. Provision of practical, everyday strategies aimed at improving mood, motivation, and perceived well-being. These resources are intended solely for personal, non-professional use and may include journaling prompts, mindfulness techniques, guided activities, and informational articles.

5. Accounts, and eligibility

Use of the App is expressly limited to natural persons aged eighteen (16) years or older who possess full legal capacity. Where access is obtained by or for a minor, a parent or legal guardian must approve and supervise usage. We reserve the right to require documentary evidence of age and identity at any time.

Where account creation is required, you must ensure that all information provided is true, accurate, current, and complete. You bear sole responsibility for maintaining the confidentiality of your login credentials and for any actions undertaken through your account. Any breach or suspected compromise must be reported immediately to Ness.

6. Limitations For Emergency Use

The Services provided by Ness are not designed or intended for use in emergency, crisis, or life threatening situations. The Application does not provide real-time monitoring, direct human intervention, or any mechanism capable of addressing urgent safety needs. If you believe that you, or any other person, are at immediate risk of harm or danger, or if you experience a medical or mental health crisis, you must cease using the Services without delay and contact your local emergency services by dialing the relevant emergency telephone number applicable in your jurisdiction or attending the nearest emergency department or law enforcement agency.

In circumstances where you suspect, witness, or become aware of abuse involving a child, vulnerable individual, or dependent adult, you are solely responsible for reporting such concerns to the appropriate authorities in accordance with applicable laws. Ness, its agents, systems, or automated processes do not function as mandated reporters and do not undertake any legal duty to report such incidents. Users acknowledge and agree that reliance upon the Services during emergency or high-risk scenarios is inappropriate and may result in significant harm for which Ness shall bear no responsibility.

7. Privacy and Data Processing

Ness and DataGo LLP is committed to safeguarding the confidentiality and integrity of all personal data processed through the Application. All data processing activities are conducted in accordance with the Data Protection Act 2018, the United Kingdom General Data Protection Regulation (UK GDPR), and, where applicable, the European Union GDPR and other relevant international privacy requirements.

The Privacy Policy adopted by Ness establishes a lawful, fair, and transparent approach to the collection and use of personal data. Core compliance principles include:

a. Data Minimisation. Only information strictly necessary for the provision, maintenance, security, and enhancement of the Services is collected. Users will never be required to disclose information beyond what is essential to operate the Application.

b. Purpose Limitation. Personal data is processed exclusively for purposes directly related to the delivery of non-clinical emotional support tools, AI-generated guidance, and service improvement. Ness does not sell personal data or use it for unauthorised third-party marketing.

c. Security and Anonymisation. Where feasible, personal data is anonymised, aggregated, or otherwise de-identified to reduce the risk of identification. Ness implements technical and organisational security measures to protect User Data against loss, misuse, unauthorised access, or unlawful disclosure.

d. User Rights. Users retain all rights granted under applicable data protection laws, including access, rectification, erasure, restriction of processing, portability, and objection to automated decision-making, subject to lawful limitations.

e. International Transfers. If User Data is stored or processed outside the United Kingdom or the European Economic Area, Ness ensures the use of legally recognised safeguards and protective mechanisms to maintain equivalent levels of data protection.

As a condition of registration and continued use of the Application, Users must review and accept the Privacy Policy, which forms an integral and binding component of these Terms. The Privacy Policy is accessible at all times within the Application and may be updated periodically to reflect legal or operational changes.

8. Limitations of the AI System

The artificial intelligence features within the Application operate exclusively as automated software. The AI system does not act, nor should it ever be relied upon, as a psychiatrist, psychologist, therapist, medical professional, counsellor, or human crisis response specialist. Its operational scope is restricted to:

a. Offering generalised emotional support prompts, reflective exercises, and self-help techniques informed by behavioural research, aimed at enhancing personal insight and general wellbeing.

b. Providing impartial reminders to engage with licensed healthcare or mental health practitioners where such intervention may be appropriate for the User’s situation.

The AI system is neither programmed nor authorised to: Diagnose or monitor medical, psychological, or psychiatric conditions, Provide clinical treatment, therapy, medication guidance, or crisis intervention, Assess immediate safety risks or identify Users in danger, Deliver decisions with legal, professional, or medical authority. The content generated by the AI relies entirely on the information voluntarily provided by the User and may, at times, be incomplete, imprecise, or unsuitable for the User’s circumstances. Users must apply independent judgment and seek professional advice as necessary. To comply with applicable data protection laws, Users acknowledge that the AI Services involve automated processing, which may influence the responses they receive. Users retain all rights granted under UK GDPR and EU GDPR concerning automated decision-making and profiling.

Failure to obtain appropriate professional assistance when dealing with mental health challenges or crises may result in significant harm. Users therefore agree that reliance on the AI system in the absence of proper professional care remains solely at their own risk, and Ness disclaims any direct or indirect liability arising from such reliance.

9. User Contents

Users may enter information into the Application to engage with the Services ("User Content"). Users remain the owners of their User Content. However, by submitting any content, Users grant Ness a limited, worldwide, royalty-free licence to process, store, display, and use that content for:

a. Delivering AI responses

b. Improving the Service and ensuring security

c. Meeting legal and regulatory obligations.

Users are solely responsible for ensuring that their submissions are lawful, appropriate, and do not include third-party personal data or harmful, defamatory, abusive, or infringing material. Ness may remove or restrict access to User Content, or suspend User access, where content appears to breach these Terms, applicable laws, or service safety requirements. Ness does not review or verify User Content and does not provide clinical or professional evaluation of any information provided by Users.

10. Licence

We provides User’s a limited, personal, revocable licence to use the mobile application for lawful personal wellbeing only. All intellectual property in the App and AI system belongs to Ness. Users must not copy, modify, reverse-engineer, resell, or use the App or AI outputs commercially. Model Output Restriction. AI-generated content is for personal use only and must not be presented as medical advice or reused to build competing services.

Ness may suspend access if the Services are misused.

11. Acceptable Use

By using the Ness app, users agree to use the app responsibly, lawfully, and in accordance with these Terms and Conditions. Users are expected to:

a. Maintain the confidentiality of your device and not share access with unauthorised persons.

b. Use the app solely for personal and non-commercial purposes, unless expressly authorised otherwise in writing.

c. Respect all intellectual property rights and refrain from reproducing, distributing, or modifying any app content without permission.

d. you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Ness app's prior written consent;

e. you will not attempt to alter or modify any part of the Service; and

f. you will comply with all applicable laws and regulations.

Users acknowledge that compliance with these Acceptable Use provisions is essential to preserving the safety, reliability, and responsible operation of the Service.

12. Prohibited Use

To ensure a respectful and secure environment for all users, the following actions are strictly prohibited:

a. Using the app for any unlawful, harmful, or abusive purposes.

b. Uploading, transmitting, or sharing content that is offensive, misleading, defamatory, or infringes upon the rights of others.

c. Provide false, misleading, or inaccurate information regarding your identity, age, or any affiliation you claim to represent.

d. Attempting to interfere with or compromise the app’s security, performance, or data systems.

e. Reverse-engineering, copying, or extracting any part of the app’s code or AI systems for unauthorised use.

f. Misusing AI features to generate or disseminate harmful, deceptive, or discriminatory material.

Violation of these terms may result in suspension or permanent termination of access to the mobile application.

13. Intellectual Property

All intellectual property associated with the Ness platform, including but not limited to software code, databases, AI models, training data, text, graphics, audio-visual elements, trademarks, branding, and overall service architecture, is owned exclusively by Ness and/or DataGo LLP or licensed to it under legally binding agreements. These materials are protected under applicable copyright, trade secret, and intellectual property laws. Users must agree that they will not:

a. Reproduce, copy, modify, translate, distribute, publish, display, transmit, or create derivative works from any part of the Services without explicit prior written authorization from Ness.

b. Decompile, disassemble, reverse-engineer, or otherwise attempt to extract or manipulate the AI models, software source code, or proprietary algorithms.

c. Exploit any Ness content, AI-generated results, or tools for commercial gain unless expressly permitted through a separate license or contract.

Ness implements commercially reasonable security and safeguards to protect user information and maintain service integrity. However, DataGo LLP is not liable for unauthorized access, breaches, or data misuse caused by malicious actors or circumstances beyond reasonable control. Users grant Ness a limited, irrevocable, royalty-free right to process and use their content and interaction data in aggregated or anonymized form for the purpose of improving AI accuracy, maintaining operational performance, enhancing platform features, and supporting research and analytical development. Ness will never sell identifiable user data without explicit consent.

14. Children Privacy

The Ness app is intended for users aged 18 and over. It is not designed for children, and we do not knowingly collect or process personal data from anyone under 18. If you are under 18, you must not use the App or its AI features without the consent and supervision of a parent or guardian. If we become aware that we have inadvertently processed a child’s data, we will delete it promptly in line with the UK GDPR, the Data Protection Act 2018, and the ICO’s Age Appropriate Design Code.

Parents or guardians who believe their child has used the App without consent may contact us at a.davlenova@datago.kz for immediate review and removal.

15. Limitation Of Liability

To the fullest extent permitted by UK law, the Ness app and all related content and features are provided on an “as is” and “as available” basis. We make no express or implied representations, warranties, or guarantees regarding the App’s accuracy, reliability, availability, or suitability for any particular purpose. While we take care to ensure that the App functions correctly and that its educational content is responsibly prepared, we do not warrant that:

a. the App or its content will be uninterrupted, error-free, or free from defects;

b. AI-generated outputs or philosophical summaries will be accurate, complete, or appropriate for every circumstance; or

c. the App will always meet your personal expectations or goals.

You acknowledge that the App is educational and informational only and does not replace professional medical, mental health, financial, or legal advice. Decisions based on the content of the App are made at your own discretion and risk.

Your statutory rights as a consumer remain unaffected.

16. Termination and Suspension Of Service

We may suspend, restrict, or discontinue access to the Ness app (in whole or in part) where reasonably necessary to:

a. maintain or improve performance, reliability, or security;

b. comply with law, regulation, or valid governmental request;

c. address suspected misuse, abuse, or breach of these Terms; or

d. perform essential maintenance or updates.

17. Take-Down Notices

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on Ness app infringe upon your copyrights, you may submit a notification by sending a message in writing to Ness designated copyright agent at a.davlenova@datago.kz

18. Changes to the Terms

The Ness app reserve the right at all times to remove or modify any part of this Terms unilaterally. We shall notify you by e-mail or via the push notification available via the mobile application about the amended and modified Terms to ensure that you stay informed of any such amendments and restatements. Your use of the Service after the date of notification or the effective date of changes indicated in the notification shall mean your acceptance of the amended and restated Terms, unless you accepted them otherwise earlier. By clicking "I agree," you accept to be bound by the following terms and conditions.

19. Governing Law and Dispute

These Terms, including any non-contractual obligations arising out of or in connection with them, shall be governed by and interpreted in accordance with the laws of England and Wales.

Any dispute, controversy, or claim arising from or relating to the Services or these Terms shall be submitted to the exclusive jurisdiction of the courts of England and Wales. Where appropriate and legally permitted, the Parties may agree to resolve disputes through confidential binding arbitration within the United Kingdom, administered under recognised arbitration rules.

20. Questions, Or Complaints

If you have any questions, concerns, or requests about these Terms or how your information is handled, please contact us at: a.davlenova@datago.kz

We will respond as promptly as possible and aim to resolve any concerns directly. If you are not satisfied with our response or believe your data protection rights have been infringed, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO), the UK’s data protection authority:

Website: www.ico.org.uk

Telephone: xxxxxxxxxxxxx (within the UK)

We always encourage users to contact us first so we can address any issue quickly and fairly.

Last Updated October 28th, 2025