Terms of Use

1. Operator and agreement

These Terms of Use (“Terms”) form an agreement between you and Kale Ltd. (“Kale”, “ORNA Atlas”, “we”, “us”). By accessing or using ORNA Atlas, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the service.

Legal entity

Kale Ltd.

Business Identification Number (BIN)

221040900084

Registered address

010000, Kazakhstan, Astana, Nura district, 50/3 Turan, office 5

Chief Executive Officer

Rim Safiullin

Registered business activities

• 62011Software development
• 62012Software maintenance
• 62099Other IT services

2. The service

ORNA Atlas is a map-first archive and listening service for field recordings associated with real landscapes. It may provide public previews, account features, member-only sessions, automated annotations, and editorial information. Features and availability may change as the archive develops.

Automated analysis, including bird-activity annotations, may be incomplete or incorrect and is provided for discovery rather than scientific, safety, or conservation decisions. Public coordinates may be generalized or omitted to protect habitats and species.

3. Accounts

• You must provide accurate information and be at least 16 years old, or meet the higher minimum age required where you live.
• You are responsible for your credentials and activity under your account. Notify us promptly if you suspect unauthorized use.
• You may not share, sell, transfer, or automate access to an account or protected playback grant.
• Social sign-in is also subject to the chosen provider’s terms.

4. Membership and payment

ORNA Atlas offers Lifetime Member Access as a digital service for one payment at the price and currency displayed on the membership page and again before you submit the hosted checkout. It does not renew, create a subscription, or require cancellation. Payment is processed on Bereke Bank's hosted checkout. Access begins only after ORNA receives verified payment confirmation. Creating a free account does not create a payment obligation or unlock members-only recordings.

For production checkout, ORNA sends an itemized fiscal basket and your verified email address to Bereke Bank for merchant-configured online fiscalization. Production receipt issuance and delivery depend on Bereke/OFD processing for the completed transaction through the receipt channel associated with that checkout.

A checkout explicitly labeled Test payment mode uses Bereke Bank's payment template with the displayed test amount, currency, and your verified email. It does not indicate production payment readiness, and ORNA does not promise an ORNA-supplied itemized fiscal basket or receipt channel for that test-template flow.

The purchase provides permanent access to members-only recordings that ORNA makes available, subject to these Terms. Eligible refunds may be requested from your purchase history and are governed by our Refund Policy. A refund is complete only after applicable provider confirmation. Access granted by that purchase then ends unless another valid entitlement applies.

5. Our rights and third-party content

Kale and the relevant rights holders retain their respective rights in the ORNA Atlas software, design, text, recordings, annotations, trademarks, maps, imagery, and other materials. Third-party maps, imagery, software, and content remain the property of their respective owners and may be subject to separate notices or licence terms. These Terms do not transfer ownership to you. To the extent Kale is authorized to do so, we grant you a limited, personal, non-exclusive, non-transferable, revocable right to access and use the service for lawful, non-commercial listening and exploration in accordance with these Terms.

Unless we give written permission, you must not:

• copy, download, record, redistribute, broadcast, sell, sublicense, or create derivative datasets from recordings or other content;
• scrape, crawl, bulk-export, train a model on, or systematically extract the service or its data;
• circumvent access, playback, location-protection, rate-limit, or security controls;
• reverse engineer the service except to the limited extent the law does not allow that restriction; or
• remove ownership notices or imply endorsement by Kale, contributors, or recording partners.

6. Acceptable conduct

Do not misuse ORNA Atlas, interfere with its operation, probe it without authorization, upload malicious code, impersonate another person, infringe rights, break applicable law, or use atlas information to disturb wildlife, enter restricted land, or reveal a protected recording location.

7. Third-party services

Maps, identity providers, links, and infrastructure may be supplied by third parties. Their services are governed by their own terms. We are not responsible for third-party services that we do not control.

8. Availability and changes

We may maintain, change, suspend, or discontinue any part of ORNA Atlas. We do not promise uninterrupted or error-free availability, that every recording or annotation will remain available, or that the service will meet a particular purpose. We may limit or suspend access where reasonably necessary for security, legal compliance, or misuse.

9. Disclaimers and liability

To the maximum extent permitted by law, ORNA Atlas is provided “as is” and “as available”, without implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

To the maximum extent permitted by law, Kale is not liable for indirect, incidental, special, consequential, or punitive loss, loss of data, profit, goodwill, or opportunity, or harm caused by relying on approximate coordinates or automated annotations. Any liability that cannot be excluded is limited only to the extent the applicable law allows.

10. Responsibility for misuse

To the extent permitted by law, you are responsible for losses and reasonable costs arising from your unlawful use of ORNA Atlas, violation of these Terms, or infringement of another person’s rights.

11. Governing law and disputes

These Terms are governed by the laws of the Republic of Kazakhstan, without regard to conflict-of-law rules. Courts with jurisdiction in Astana, Kazakhstan will hear disputes, except where mandatory consumer law gives you the right to bring a claim elsewhere. Before filing a claim, please send written notice to our registered address and allow a reasonable opportunity to resolve the issue informally.

12. General

If a provision is unenforceable, the remaining Terms continue in effect. A delay in enforcing a right is not a waiver. You may not assign this agreement without our consent; we may assign it as part of a business reorganization or transfer. These Terms and the Privacy Policy are the entire agreement concerning your use of ORNA Atlas unless separate written terms apply.

13. Changes and contact

We may update these Terms to reflect service or legal changes. The date above identifies the current version. If a material change requires notice or consent, we will provide it as required by law. Legal notices may be sent to Kale Ltd. at the registered address in section 1.