Privacy policy

Operator: Limited Liability Company «AYON SMART SOLUTION», which administers, provides technical support for, and operates the KEDO Portal (hereinafter — the «Operator»).

Portal: the «HR Electronic Document Management (KEDO)» information system, including its web interface, mobile and other software components, databases, event logs, and identification, authorization, signing and electronic document storage tools (hereinafter — the «KEDO Portal»).

Effective date: from the moment of signing, acceptance, registration, authorization, clicking the relevant button in the KEDO Portal interface, or the user's actual commencement of use of the KEDO Portal, whichever of these events occurs first.

This User Agreement, consent to the processing of personal data, and rules for using the KEDO Portal (hereinafter — the «Agreement») define the terms of access to the KEDO Portal, the procedure for its use, the scope of the rights and obligations of the user and the Operator, the rules for the collection, processing, storage, transfer and protection of personal data, as well as the procedure for confirming legally significant electronic actions in accordance with the legislation of the Republic of Tajikistan, including the Law of the Republic of Tajikistan «On the Protection of Personal Data» No. 1537 of 3 August 2018, the Law of the Republic of Tajikistan «On the Electronic Document», and other applicable regulatory legal acts.

By using the KEDO Portal, undergoing registration or authorization, uploading documents, signing electronic documents, completing forms, submitting applications, requests, HR information, or otherwise using the functionality of the KEDO Portal, the user confirms that they have fully read this Agreement, understand its content and legal consequences, accept its terms without any reservations or objections, act voluntarily, of their own free will and in their own interest, and grant the Operator full, informed and conscious consent to the processing of personal data under the terms of this Agreement.

If the user does not agree with this Agreement, in whole or in part, the user must immediately stop registering, authorizing, and using the KEDO Portal in any way. Continued use of the KEDO Portal is deemed the user's full and unconditional acceptance of the current version of the Agreement.

The user acknowledges that the Operator provides a technology platform and is not the user's employer, a party to any employment relationship, the author of the employer's HR decisions, or a person making decisions on hiring, transfer, disciplinary action, remuneration, leave, dismissal, or other HR matters, unless expressly stated otherwise in a separate written contract with the Operator.

1. Terms and General Provisions

1.1. For the purposes of this Agreement, personal data means any information relating to a directly or indirectly identified or identifiable individual, including identification, biographical, contact, HR, employment, position-related, organizational, financial, accounting, technical, electronic, communication and other data provided by the user, the employer, or authorized persons, or generated through use of the KEDO Portal, provided that such information allows the user to be directly or indirectly identified or is related to their employment, HR, contractual or other legal relationships.

1.2. The Operator processes personal data on the principles of lawfulness, good faith, proportionality, limitation to the purposes of processing, confidentiality, and ensuring the security of personal data.

1.3. The collection, storage, use and dissemination of information about a person's private life without their consent is prohibited, except in cases expressly provided for by the legislation of the Republic of Tajikistan.

1.4. This Agreement is binding on all users of the KEDO Portal. Registration, authorization, signing, uploading documents, confirming actions, receiving notifications, or any other use of the KEDO Portal constitutes the user's full accession to this Agreement.

1.5. User — an individual who obtains access to the KEDO Portal as an employee, candidate, representative of the employer, authorized signatory, administrator, approving party, or other person using the functionality of the KEDO Portal.

1.6. Employer — a legal entity, individual entrepreneur, or other person using the KEDO Portal for HR electronic document management with its employees, candidates, representatives, and other authorized persons.

1.7. Account — the set of user data, access credentials, identifiers, login, password, confirmation codes, electronic signature, and other means used to identify the user and perform actions in the KEDO Portal.

1.8. Electronic action — any action by the user in the KEDO Portal, including logging in, viewing, confirming, approving, uploading, signing, sending, withdrawing, accepting, rejecting, marking, clicking a button, or any other action recorded by the technical means of the KEDO Portal.

1.9. System logs — electronic records, logs, timestamps, device identifiers, IP addresses, authorization data, delivery confirmations, document statuses, and other technical information generated by the KEDO Portal and used to confirm the fact, time, manner, and content of electronic actions.

1.10. All terms not defined in this Agreement shall be interpreted in accordance with the legislation of the Republic of Tajikistan, the purpose of the KEDO Portal, and the customs of electronic document management.

2. Purposes of Personal Data Processing

2.1. The Operator is entitled to collect and process the user's personal data for the following purposes:

identifying the user in the KEDO Portal;

creating, maintaining and supporting the user's account;

ensuring HR electronic document management between the employer, employee, candidate, and other authorized persons;

preparing, sending, receiving, approving, signing, storing and archiving HR, employment, organizational, administrative and other electronic documents;

fulfilling employment, social-labor, administrative, contractual, tax, accounting, corporate and other obligations provided for by the legislation of the Republic of Tajikistan;

ensuring the lawful use of the electronic signature and electronic document within the KEDO Portal;

maintaining HR records, and accounting for working time, leave, business trips, approvals, applications, notifications, memoranda, and other personnel management processes;

interacting with employers, counterparties, representatives, state authorities and other authorized persons in the cases and to the extent provided for by law or contract;

information and technical support, ensuring security, and preventing fraud, unauthorized access, data loss, abuse and other violations;

reviewing users' inquiries, claims, requests, complaints and applications;

protecting the rights and legitimate interests of the Operator, employers, users, and third parties through administrative, pre-trial and judicial procedures;

fulfilling other lawful purposes directly arising from the purpose of the KEDO Portal.

2.2. The user acknowledges and agrees that the processing of personal data within the KEDO Portal is a necessary condition for the operation of HR electronic document management. Refusal to provide the necessary data, provision of inaccurate data, or withdrawal of consent to an extent that precludes achievement of the stated purposes may result in the impossibility of registering, authorizing, and using the KEDO Portal, signing HR documents, receiving notifications, providing services, and fulfilling obligations between the user, the employer, and other authorized persons.

2.3. The Operator is also entitled to process personal data for administering access, confirming users' authority, ensuring information security, preventing abuse, investigating incidents, conducting internal audits, improving the operation of the KEDO Portal, and protecting the rights and legitimate interests of the Operator.

2.4. Processing of personal data for the purposes provided for in this Agreement does not require additional consent from the user if such processing is carried out within the scope of previously granted consent, the requirements of the legislation of the Republic of Tajikistan, the contract with the employer, or the purpose of the KEDO Portal.

3. List and Categories of Personal Data Processed

3.1. The Operator is entitled to process the user's personal data to the extent necessary and sufficient to achieve the purposes specified in this Agreement, including, without limitation, data that:

is provided by the user during registration, authorization, completion of forms, signing of documents, submission of applications, requests and other materials through the KEDO Portal;

is provided by the employer, the employer's authorized representatives, counterparties or other persons within the framework of HR electronic document management;

is contained in HR, employment, organizational, administrative, settlement, supporting, identification, accounting and other documents created, uploaded, signed, transferred or stored in the KEDO Portal;

is automatically generated and recorded during use of the KEDO Portal, including information about the user's actions in the system, technical logs, electronic traces, authorization parameters, electronic signature data, and the time, manner and fact of performing legally significant actions.

3.2. The user confirms that the personal data provided by them or uploaded to the KEDO Portal are accurate, up to date, complete, and provided on lawful grounds. The user bears the risk of adverse consequences caused by the provision of incomplete, inaccurate, outdated or misleading data.

3.3. The user confirms that all personal data provided by them personally or transmitted through the KEDO Portal are provided on lawful grounds. In the event of the transfer of third parties' personal data, the user warrants the existence of the necessary consents and other legal grounds for such transfer and undertakes to independently settle any claims by such third parties against the Operator, if the claims arise from the user's actions.

3.4. The user is not entitled to upload to the KEDO Portal third parties' personal data, restricted-access information, state secrets, third parties' trade secrets, or other information, if the user lacks lawful grounds and authority for such upload and transfer to the Operator.

3.5. The Operator is not obliged to pre-verify the lawfulness, accuracy and completeness of the personal data and documents uploaded by the user, the employer, or other authorized persons, and is not liable for the content of such data and documents, unless otherwise expressly established by mandatory provisions of the legislation of the Republic of Tajikistan.

4. Operations with Personal Data

4.1. The user grants the Operator consent to perform any actions with personal data necessary for the purposes specified in this Agreement, including: collection, recording, systematization, accumulation, storage, clarification, updating, modification, extraction, use, analysis, comparison, verification, transfer, granting access to authorized persons, de-identification, blocking, backup, archiving, deletion, and destruction of personal data, both with and without the use of automation tools.

4.2. The Operator is entitled to use personal data, electronic documents, and system logs to ensure the legal significance of electronic actions, to record the user's expression of will, to confirm the fact that a document has been read, sent, received, approved, or signed, the date and time of actions in the system, and to build an evidentiary basis for resolving disputes, claims, audits, incident investigations, and litigation.

4.3. The user agrees that system log data, authorization information, and information on the use of the login, password, confirmation code, electronic signature, device identifier, connection time and IP address may be used by the Operator, the employer, and other authorized persons as evidence of the performance of the relevant actions by the user or by a person who used the user's account credentials, unless the user proves otherwise in the manner established by law.

4.4. All actions performed using the user's account are deemed to have been performed by the user personally until the Operator receives proper notification of the compromise of the access credentials and the account is actually technically blocked.

4.5. The user agrees that the Operator is entitled to retain data backups, system logs, and archival records for periods necessary to ensure security, restore data, comply with the law, confirm legally significant actions, and protect the Operator's rights.

5. Transfer of Personal Data to Third Parties

5.1. The Operator is entitled to transfer, disclose, grant access to, and entrust the processing of the user's personal data to the following persons and categories of persons, to the extent necessary to achieve the lawful purposes of processing, ensure the operation of the KEDO Portal, perform the contract, comply with the law, and protect the Operator's rights:

the user's employer and its authorized representatives;

persons affiliated with or engaged by the Operator who are involved in supporting the KEDO Portal;

providers of cloud, server, communication, archival, certification, integration and other technological services;

organizations ensuring the operation of the electronic signature, electronic document, and information systems;

state authorities, courts, law enforcement agencies, supervisory authorities, and other authorized entities — in the cases and to the extent provided for by the legislation of the Republic of Tajikistan;

consultants, auditors, lawyers, experts, and representatives of the Operator — to the extent necessary to protect the rights and legitimate interests of the Operator and fulfill its obligations.

5.2. Transfer to third parties is carried out subject to their compliance with confidentiality and security requirements and the legislation of the Republic of Tajikistan on the protection of personal data.

5.3. The user separately agrees that the transfer of their data to the employer, persons acting on the employer's instructions, the Operator's affiliates, contractors, and technical and service providers ensuring the operation of the KEDO Portal is a necessary part of the provision of services and is not deemed a violation of the user's rights, provided that such transfer is carried out for the purposes provided for in this Agreement, the contract with the employer, or the legislation of the Republic of Tajikistan.

5.4. Cross-Border Data Transfer:

5.4.1. The user consents to the cross-border transfer of personal data in cases where such transfer is necessary to ensure the operation of the KEDO Portal, store backup copies, ensure fault tolerance, use cloud services, software, certification services, information security tools, or other technological solutions applied by the Operator, subject to compliance with the requirements of the legislation of the Republic of Tajikistan on the protection of personal data.

5.4.2. The user agrees that the Operator is entitled to select the technical architecture, server infrastructure, software solutions, and contractors necessary for the operation of the KEDO Portal, provided that reasonable measures are taken to ensure the confidentiality and security of personal data.

5.5. Personal data is transferred to state authorities, courts, law enforcement agencies, supervisory authorities, and other authorized persons without additional consent from the user in the cases and to the extent provided for by the legislation of the Republic of Tajikistan or a request from a competent authority that is binding on the Operator.

6. Storage and Protection of Personal Data

6.1. The Operator takes the necessary legal, organizational, and technical measures to protect personal data from unlawful or accidental access, destruction, alteration, blocking, copying, dissemination, loss, and other unlawful actions, since the legislation of Tajikistan imposes on the operator the obligation to ensure the confidentiality and security of personal data.

6.2. Personal data, electronic documents, system logs, and backup copies are stored for the period necessary to achieve the purposes of processing, comply with the requirements of the legislation of the Republic of Tajikistan, observe the rules of HR, employment, tax, accounting, and archival records, perform contracts with employers, and for the period necessary to protect the rights and legitimate interests of the Operator in the event of disputes, claims, audits, incident investigations, or litigation.

6.3. In cases where the legislation of the Republic of Tajikistan, the employer's internal regulations, contracts with the user, or the nature of electronic HR document management require longer retention of documents and data, the user agrees to such retention for the corresponding period.

6.4. The Operator is not liable for the disclosure, loss, distortion, blocking, or unlawful use of data that occurs through no fault of the Operator, including as a result of:

the user's provision of inaccurate, incomplete, or outdated information;

the user's transfer of their logins, passwords, codes, tokens, electronic signatures, devices, or other access credentials to third parties;

actions of the user, the employer, or third parties not under the Operator's control;

failures of communication networks, equipment, software, certification services, infrastructure providers, cloud services, actions of hackers, malicious software, DDoS attacks, force majeure, or other circumstances beyond the Operator's reasonable control, provided that the Operator has taken reasonable organizational and technical protective measures;

6.5. Electronic HR documents containing personal data are retained for the periods established by the legislation of the Republic of Tajikistan, regulatory legal acts in the field of archival affairs, labor legislation, and the employer's internal regulatory documents, and are not subject to deletion at the request of the personal data subject in cases where their further retention is mandatory under the labor, archival, and other legislation of the Republic of Tajikistan, including personnel records subject to long-term storage.

6.6. The Operator implements a set of organizational and technical measures to ensure the security of personal data, including user access management, authentication and identification of access subjects, security event logging, backup, data integrity control, antivirus protection, the use of cryptographic and other information security tools, and other measures based on the nature of the data processed, technical capabilities, and reasonable necessity.

6.7. The user acknowledges that no information system can guarantee absolute protection against all possible threats. The Operator's obligation to ensure security is an obligation to take reasonable and proportionate measures, not a guarantee that no incident can occur.

6.8. The Operator is entitled to temporarily restrict access to the KEDO Portal or individual functions to carry out preventive, technical, emergency, or update work, strengthen protection, eliminate vulnerabilities, or prevent security threats, without compensating the user for any losses, unless otherwise established by mandatory provisions of law.

7. Electronic Interaction and Confirmation of Legally Significant Actions

7.1. The user agrees that use of the KEDO Portal, entry of a login and password, confirmation of actions by code, use of an electronic signature, marking in the interface, clicking confirmation buttons, signing documents in the system, and other actions in electronic form are recognized as an expression of consent, acknowledgment, confirmation, signature, expression of will, and the performance of legally significant actions, to the extent permitted by the legislation of the Republic of Tajikistan on the electronic document and electronic signature.

7.2. Electronic documents, transaction logs, system timestamps, delivery confirmations, notifications, logs, archives, authorization data, and other electronic traces generated by the KEDO Portal are recognized by the user as proper and admissible evidence in resolving disputes between the user, the employer, the Operator, and other persons, unless otherwise established by a competent authority.

7.3. The user acknowledges that documents generated, signed, approved, adopted, or transmitted through the KEDO Portal have legal force and may be used as evidence in the resolution of labor, administrative, civil, and other disputes.

7.4. The user confirms their consent to the maintenance of HR document management in electronic form through the KEDO Portal, including the receipt, signing, approval, storage, and use of HR documents in electronic form.

7.5. The user undertakes to independently safeguard their access credentials, not to transfer them to third parties, not to use other persons' accounts, and to immediately notify the Operator and the employer of any suspected unauthorized access.

7.6. Until the Operator receives notification of a compromise and the account is technically blocked, the user is liable for all actions performed using their account, unless they prove the absence of their fault and the fact of unauthorized access in the manner established.

8. Rights, Obligations and Liability of the Parties. Rules for Using the KEDO Portal

8.1. The parties are liable for the non-performance or improper performance of their obligations in accordance with this Agreement and applicable law.

8.2. The user is liable for the accuracy, completeness, and relevance of the data, documents, and information they provide, as well as for compliance with the rules for using the KEDO Portal.

8.3. The user is liable for safeguarding their account credentials, login, password, access codes, electronic signature, and other identification and authentication tools. All actions performed using the User's account are deemed to have been performed by the User personally, unless the User proves otherwise.

8.4. The user is entitled to:

receive information about their personal data and the purposes of its processing;

request the clarification, updating, correction, blocking, or deletion of personal data in the cases provided for by the legislation of the Republic of Tajikistan;

withdraw their consent to the processing of personal data by sending a written application to the Operator;

contact the Operator with requests and demands within the scope of the rights granted by the legislation of the Republic of Tajikistan.

8.5. Withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal and does not terminate data processing in cases where such processing is necessary to comply with the legislation of the Republic of Tajikistan, perform contractual obligations, retain HR and other legally significant documents, confirm electronic actions, review claims, conduct audits, and protect the rights and legitimate interests of the Operator, the employer, and other persons.

8.6. The user acknowledges and agrees that, in the event of withdrawal of consent, deletion of the account, or termination of the employment, civil, or other relationship, part of the data may be retained by the Operator for the periods established by law, internal regulations, the contract, and archival retention requirements, as well as for the period necessary to confirm legally significant actions, resolve disputes, and fulfill obligations.

8.7. The user's request for deletion of personal data shall not be satisfied in cases where the further processing and retention of such data is mandatory or necessary under the legislation of the Republic of Tajikistan, the contract, the requirements of HR, employment, tax, accounting, or archival records, or to protect the rights and legitimate interests of the Operator, the employer, and other persons.

8.8. The Operator is entitled to refuse to satisfy a user's request if the request is unfounded, excessive, repetitive, violates the rights of third parties, is contrary to law, does not allow the applicant to be identified, or hinders the Operator's performance of its lawful duties.

8.9. The Operator is entitled to independently determine the functionality, structure, technical parameters, interface, and the procedure for registration, authorization, signing, storage, archiving, integration, and use of the KEDO Portal.

8.10. The Operator is entitled to change, update, restrict, expand, temporarily suspend, or discontinue individual functions of the KEDO Portal, if necessary to ensure security, stability, development, legal compliance, performance of the contract with the employer, or protection of the Operator's rights.

8.11. The user must use the KEDO Portal in good faith, solely for lawful purposes, within the scope of the authority granted, and in accordance with this Agreement, the Operator's instructions, the employer's rules, and the legislation of the Republic of Tajikistan.

8.12. The Operator is entitled to monitor technical events, user actions, access attempts, errors, security incidents, and other data necessary for the stable and secure operation of the KEDO Portal.

9. Limitation of the Operator's Liability

9.1. The Operator is not the user's employer, a party to any employment relationship, a party to HR decisions, a guarantor of the employer, or a person responsible for the content, lawfulness, economic justification, or consequences of HR documents, orders, applications, notifications, instructions, and other materials created, posted, signed, or sent in the KEDO Portal by the employer, the user, or other authorized persons.

9.2. The Operator is not liable for any losses, expenses, claims, fines, loss of access, delays, data distortion, or other consequences incurred by the user, the employer, or third parties as a result of:

unlawful use of the user's account credentials by the user or by third parties;

the user's violation of the rules for using the KEDO Portal;

technical failures caused by external services, communication providers, certification authorities, infrastructure providers, the employer, or the actions of third parties;

unlawful actions of the employer, other users, or third parties;

blocking, deletion, restriction of access, or refusal of service where there are grounds provided for by law, the contract, security policies, or this Agreement.

9.3. In all cases where permitted by applicable law, the Operator's liability to the user is limited to the amount of actually proven direct damage caused exclusively by the Operator's culpable unlawful actions, subject to documentary confirmation of such damage and an effective decision of a competent authority. Lost profit, indirect losses, reputational harm, moral damage, third-party fines, data loss, business interruption, restoration costs, and other indirect losses shall not be compensated by the Operator, to the maximum extent permitted by law.

9.4. The user undertakes to refrain from bringing unfounded claims and lawsuits against the Operator in cases where the Operator's actions were carried out in accordance with the legislation of the Republic of Tajikistan, the employer's instructions, the terms of this Agreement, information security requirements, the rules for operating the KEDO Portal, a request from a competent authority, or the need to protect the legitimate interests of the Operator and third parties.

9.5. The KEDO Portal is provided to the user on an «as is» and «as available» basis, unless otherwise expressly provided by a separate written contract. The Operator does not guarantee the continuous, error-free, uninterrupted operation of the KEDO Portal, its compatibility with any of the user's equipment or software, or that the user will achieve any particular result.

9.6. The Operator is not liable for the actions, omissions, decisions, documents, and instructions of the employer, or for disputes between the user and the employer, including employment, disciplinary, settlement, HR, tax, and other disputes.

9.7. If the limitation of the Operator's liability is found invalid in any part, the Operator's liability shall be limited to the maximum extent permitted by the legislation of the Republic of Tajikistan.

10. Representations of the User

10.1. The user confirms, represents, and warrants that:

they have carefully read this Agreement and accept its terms in full;

they provide personal data voluntarily, to the necessary extent, and on lawful grounds;

they understand the legal consequences of granting consent and using the KEDO Portal;

they are responsible for safeguarding their means of access to the system;

they undertake to promptly notify the Operator or the employer of any unauthorized access, loss of identification credentials, or suspicious activity in the account.

10.2. If the user provides third parties' personal data, documents, restricted-access information, or other information through the KEDO Portal, the user confirms that they have the lawful grounds, authority, and necessary consents for such transfer, and bears sole liability for their absence.

10.3. The user is prohibited from: transferring account credentials to third parties; using the KEDO Portal for unlawful purposes; interfering with the operation of the KEDO Portal; circumventing security measures; posting malicious software; copying, modifying, decompiling, or otherwise examining the software code; and performing actions that violate the rights of the Operator, the employer, other users, or third parties.

10.4. The user undertakes to compensate the Operator for documented losses, expenses, fines, claims, and costs arising from the user's breach of this Agreement, the law, the rights of third parties, information security rules, or from the user's provision of inaccurate data or unlawful transfer of third parties' data.

10.5. The Operator is entitled to temporarily restrict, suspend, or terminate the user's access to the KEDO Portal in the event of a breach of this Agreement, suspected account compromise, a security threat, abuse of rights, receipt of a request from the employer or a competent authority, or the existence of other reasonable grounds related to the protection of the KEDO Portal, data, and the Operator's legitimate interests.

11. Procedure for Withdrawal of Consent and Inquiries

11.1. To withdraw consent, submit a request, demand clarification of data, or make inquiries regarding the processing and protection of personal data, the user may contact the Operator using the following details:

LLC «AYON SMART SOLUTION»

Address: Republic of Tajikistan, Dushanbe, Pushkin St. 40/1.

11.2. The Operator is entitled to request documents or information confirming the applicant's identity, authority, the scope of the request, and the lawfulness of the demands, if necessary to prevent the unlawful disclosure of personal data to third parties, prevent abuse, comply with the law, or protect the Operator's rights.

11.3. User requests must be clearly formulated and contain sufficient information to identify the user and specify the demand. The Operator is entitled not to consider anonymous, unsigned, repetitive, excessive, technically unfeasible, or obviously unfounded requests, unless otherwise provided for by mandatory provisions of law.

11.4. The period for reviewing inquiries is calculated from the date the Operator receives all the information and documents necessary to identify the applicant and consider the request on its merits.

12. Applicable Law and Disputes

12.1. This Agreement is governed by and construed in accordance with the legislation of the Republic of Tajikistan.

12.2. Before applying to court, the user must send the Operator a written claim setting out in detail the circumstances, demands, legal grounds, calculation of the amount claimed, and attaching all supporting documents. The Operator's period for reviewing the claim is 30 (thirty) calendar days from the date of receipt of a complete and properly formatted claim.

12.3. If no agreement is reached, the dispute shall be resolved in the manner established by the legislation of the Republic of Tajikistan, at the Operator's place of location, unless otherwise expressly provided for by mandatory provisions of law.

12.4. The user agrees that failure to comply with the mandatory claims procedure is grounds for leaving the demand without consideration or returning the application in the cases provided for by applicable procedural law.

12.5. The burden of proving the fact of a breach, the amount of damage, the causal link, and the Operator's fault lies with the user, unless otherwise established by mandatory provisions of the legislation of the Republic of Tajikistan.

13. Final Provisions

13.1. The Operator is entitled to unilaterally amend and supplement this Agreement in the event of changes in legislation, the functionality of the KEDO Portal, the service delivery model, security requirements, internal procedures, technical architecture, contracts with employers, or other circumstances affecting the use of the KEDO Portal. The new version comes into force from the moment it is posted on the KEDO Portal, unless another date is specified by the Operator.

13.2. Continued use of the KEDO Portal after publication of a new version of the Agreement constitutes the user's full and unconditional acceptance of such changes. If the user does not agree with the new version, they must stop using the KEDO Portal.

13.3. If any provision of this Agreement is found invalid or unenforceable, this shall not entail the invalidity of the remaining provisions of the Agreement.

13.4. This Agreement may be used as a standalone document or as an appendix to a user agreement, privacy policy, accession agreement, offer, labor regulations, internal regulation of the employer, or other document governing the use of the KEDO Portal.

13.5. The Operator is entitled to send the user legally significant notifications through the KEDO Portal, email, SMS, messengers, push notifications, the personal account, or another method provided for by the functionality of the KEDO Portal or the contract with the employer. Such notifications are deemed received by the user from the moment they are sent or delivery is recorded in the system, unless proven otherwise by the user.

13.6. Section headings are used solely for convenience and do not affect the interpretation of the provisions of this Agreement.

14. Representation of the Employer

14.1. The employer using the KEDO Portal confirms and warrants that it has lawful grounds for entering, storing, processing, using, and transferring to the Operator the personal data of employees, candidates, representatives, and other persons within the framework of employment, HR, contractual, and other legal relationships.

14.2. The employer is solely responsible for the lawfulness of HR decisions, the content of documents, the existence of employment, corporate, and other grounds for data processing, obtaining the necessary consents, notifying employees, and complying with the requirements of the legislation of the Republic of Tajikistan.

14.3. The employer undertakes to settle and compensate the Operator for documented losses, expenses, fines, claims, and costs arising from the employer's unlawful transfer of data, the absence of the necessary consents, inaccuracy of documents, or violation of the rights of employees or other third parties, provided such consequences are not caused by culpable unlawful actions of the Operator.

14.4. The employer must keep the list of users up to date, promptly provide the Operator with information on the termination of the authority of employees and administrators, and immediately notify the Operator of the need to block or change access.

15. Force Majeure

15.1. The Operator is not liable for the full or partial non-performance of obligations under this Agreement if such non-performance results from force majeure circumstances beyond the Operator's reasonable control, including natural disasters, fires, floods, earthquakes, epidemics, military actions, mass riots, acts of state authorities, power outages, communication network failures, cyberattacks, DDoS attacks, malicious software, provider outages, restrictions on access to infrastructure, sanctions, technical, or other external restrictions, provided the Operator has taken reasonable measures to minimize the consequences.

15.2. For the duration of force majeure circumstances, the deadlines for the Operator's performance of obligations are extended for the duration of such circumstances and a reasonable period necessary to restore the normal operation of the KEDO Portal.

15.3. The existence of force majeure circumstances does not release the user from the obligation to comply with information security rules, confidentiality, safeguarding of account credentials, and other obligations that, by their nature, must be observed regardless of such circumstances.

16. Intellectual Property

16.1. All exclusive rights to the KEDO Portal, software, databases, interfaces, design, algorithms, documentation, technical solutions, trademarks, and other intellectual property belong to the Operator or the relevant rights holders.

16.2. The user is granted a limited, non-exclusive, non-transferable right to use the KEDO Portal solely within the functionality and purposes provided for in this Agreement. Such right does not entail the transfer to the user of any exclusive rights or license beyond the ordinary use of the KEDO Portal.

16.3. The user is prohibited from copying, reproducing, modifying, distributing, selling, leasing, decompiling, disassembling, reverse engineering, extracting source code, circumventing technical protection measures, or using the KEDO Portal in a manner that violates the rights of the Operator or third parties.

17. Portal Availability and Technical Works

17.1. The Operator takes reasonable measures to ensure the availability and functionality of the KEDO Portal, but does not guarantee continuous, error-free, and permanent access to the KEDO Portal, unless otherwise expressly provided for by a separate written contract.

17.2. The Operator is entitled to carry out scheduled and unscheduled technical, preventive, emergency, update, and other works, including works without prior notice, if delay could result in a security threat, data loss, violation of the law, or damage to the Operator, users, employers, or third parties.

17.3. Temporary unavailability of the KEDO Portal, individual functions, external services, communication channels, certification services, or infrastructure components does not constitute a breach of this Agreement, provided the Operator has taken reasonable measures to restore operation.

18. Indemnification and Protection of the Operator

18.1. The user and the employer undertake to compensate the Operator for documented losses, expenses, fines, claims, litigation costs, and other costs arising from their breach of this Agreement, the legislation of the Republic of Tajikistan, the rights of third parties, information security rules, or from the provision of inaccurate or unlawfully obtained data.

18.2. The Operator is entitled to independently choose the method of protecting its rights, including pre-trial settlement, restriction of access, recording of evidence, and appealing to the employer, state authorities, courts, law enforcement agencies, or other competent persons.

19. Confirmation of Consent

19.1. Signing this Agreement on paper, electronic signing, marking in the interface of the KEDO Portal, registration, authorization, or actual use of the KEDO Portal confirms the user's full and unconditional consent to this Agreement.

19.2. The user confirms that, prior to accepting this Agreement, they were given the opportunity to read its terms, ask questions of the Operator or the employer, decline to use the KEDO Portal if they disagreed with the terms, and save or print the text of the Agreement.