1. GENERAL PROVISIONS
1. This User Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions for using the HEALTH BALANCE Mobile Application (hereinafter referred to as the "Application") for any mobile devices of the User, and also defines the rules and conditions for using the Application's capabilities by a person who meets the criteria specified in this Agreement.
2. This Agreement is an open and publicly available document. The current (valid) version of this Agreement is located on the Internet at: https://healthbalance.ru/pol-sogl.
3. The Agreement is concluded between the User and the Limited Liability Company MIP "Novaya Remedika" (hereinafter referred to as the "Organization", "Company") - a legal entity created and registered in strict accordance with the current legislation of the Russian Federation.
4. Before using the Application, the User undertakes to familiarize himself with the text of this Agreement. If the User does not agree with the text and content of this Agreement, or any individual provision or the Agreement as a whole, he/she is obliged to stop any use of the Application.
5. The Company reserves the right to change, add or delete clauses of the text of this Agreement at any time without notifying the User. The new version of this Agreement shall enter into force from the moment it is posted in the Application and/or on the Company's Website, or brought to the attention of the User in another convenient form, including, but not limited to, by sending push notifications, unless otherwise provided for in the new version of the Agreement. By continuing to use the Application after changes have been made to it, the User expresses full consent to the terms of this Agreement in the new version, thereby unconditionally and fully agrees with all the terms of this Agreement.
6. "Start of use" shall mean any actions aimed at using the Application or its functionality. Start of use also includes, but is not limited to: downloading the Application file, recording and storing the Application in the memory of the User's Mobile Device.
7. Acceptance of the terms of this Agreement by the User is carried out by active actions by the User: opening the Application on the User's mobile device and completing the registration procedure to create a User profile on the Application's home page, which, in accordance with Articles 435 and 438 of the Civil Code of the Russian Federation, is acceptance of the Company's offer. The User is considered to have accepted the terms of the Agreement in full after activating (registering the profile) of the Application.
8. Conclusion of this Agreement means that the User has familiarized himself with the terms of this Agreement to the extent necessary for him and fully and unconditionally agrees with them, including in terms of providing consent to the Company for the use, processing and storage of the User's personal data, for receiving e-mail, SMS, push notifications and other types of mailings of informational and advertising content. 9. By agreeing to the terms of this Agreement, the User also confirms his/her legal capacity and competence (including reaching the age of 18), and also confirms the accuracy of the personal data provided by him/her within the framework of this Agreement and assumes full responsibility for their accuracy, completeness and reliability.
2. TERMS AND DEFINITIONS
Company - licensor, LIMITED LIABILITY COMPANY MIP "NOVAYA REMEDIKA", OGRN 1127746046834, date of assignment of OGRN: 30.01.2012, INN: 7704799897, KPP: 771901001.
User - an individual who has reached the age of 18 (eighteen), has full legal capacity, has his/her own mobile device and subscriber number, access to which is at his/her disposal.
User's mobile device - a mobile technical device (smartphone, tablet or other device) running under the Apple iOS and Android operating systems, having access to the Internet, on which the HEALTH BALANCE Mobile Application is installed.
User Profile - a section of the Application available to the User after completing the registration procedure in the Application, allowing the User to manage their account and perform actions aimed at using the functionality of the Application.
User Registration - the procedure for the User to provide personal data for their identification for the purpose of using the Application.
The HEALTH BALANCE Mobile Application is a computer program that is an information application developed for mobile devices running under the Apple iOS and Android operating systems, designed to allow the User to receive information from the Device.
License — a simple (non-exclusive) license to use the Application, the exclusive rights to which belong to the Company (Certificate of State Registration of Computer Program No. 2022.
The License Agreement is a civil law agreement under which the Company grants or undertakes to grant the User's Employer the right to use the Application.
The User's Employer is a legal entity (individual entrepreneur) registered in the manner prescribed by the legislation of the Russian Federation, with which the User has employment or civil law relations, and which has entered into a license agreement with the Company granting the User the right to use the Application.
3. GENERAL TERMS OF USE OF THE APPLICATION
3.1. In accordance with this Agreement, the Company grants the User the right to use the Application on the terms, within the limits and in the ways determined by this Agreement.
3.2. The territory of use of the Application is all countries of the world, unless otherwise provided by the license agreement. Some functions of the Application may not work outside the GPS service area and wireless data transmission network for the mobile device on which the Application is installed.
3.3. The term of use of the Application is from the date the User starts using the Application and accepts the terms of this Agreement until it is removed from the User's Mobile Device, unless another term is established by the license agreement.
3.4. The User has the right to independently use the Application in the following ways and within the following limits:
3.4.1. copying and installing the Application into the memory of the User's Mobile Device;
3.4.2. reproducing (launching) the Application on the User's Mobile Device;
3.4.3. using the Application for its intended functional purpose.
3.5. It is not allowed to use multiple versions of the Application on one User's Mobile Device, registered to one mobile phone subscriber number and/or one email address.
3.6. The User may use the Application in the ways specified in clause 3.4 of this Agreement exclusively for non-commercial purposes. The User undertakes not to use the Application for commercial purposes, as well as to copy, change, modify, mount or create any derivative works, including, without limitation, the use of plug-ins, add-ons or unauthorized third-party tools/services to access the Application software and related systems. It is prohibited to use the Application for profit, to carry out illegal activities, covert surveillance or tracking. 3.7. Any other use of the Application not specified in this Agreement is prohibited. In particular, the User may not independently (with the involvement of third parties): issue sublicenses, sell, assign, lend or lease, distribute, transfer or otherwise grant rights to use the Application to third parties; modify, improve, translate into other languages, decompile, disassemble, decode, emulate, violate the integrity of, restore the source code of the Application or any of its parts; Carry out mass distribution of information or Content using the Application, as well as post in the Application Content, the User does not have the right to post, and/or which is: illegal; compromising (discrediting, defaming honor and dignity or business reputation); offensive; violating the privacy of third parties; contributing to the incitement of national, racial or religious hatred or enmity or discrimination on any grounds, or promoting such phenomena; demonstrating or promoting violence, cruelty to animals; vulgar or obscene; containing extremist materials; containing restricted information; knowingly false and/or unreliable; promoting criminal activity; any other information prohibited from distribution in accordance with the legislation of the Russian Federation; use the Application to violate the rights of third parties, as well as for purposes that contradict the current legislation of the Russian Federation and the countries in which the User uses the Application. 3.8. When using the Application, the User is prohibited from:
3.8.1. covert surveillance or tracking of people without obtaining the express consent of such people;
3.8.2. uploading, sending, transmitting or any other method of publishing materials of covert surveillance or tracking of people without obtaining the express consent of such people, causing other damage;
3.8.3. collecting and storing personal data of other Users.
3.9. This Agreement shall apply to all subsequent updates / new versions of the Application. By agreeing to install updates / new versions of the Application, the User accepts the terms of this Agreement for the corresponding updates / new versions of the Application, unless the update / installation of a new version requires the conclusion of a separate user agreement.
3.10. Under this Agreement, the Company does not provide the User with technical support and warranty services for the Application. The terms of technical support and warranty service are regulated by the license agreement.
3.11. The User agrees that he is obliged to immediately notify the Company of any case of unauthorized use of the Application from his mobile device.
3.12. The Company reserves the right to block (suspend the action / use of the Application) and / or delete any information of the User at any time without explanation in the event of a violation by the User of the terms of this Agreement, a justified complaint received from a third party and / or the User's Employer; on their own initiative, due to suspicions of unlawful use of the Application, and/or receipt of a corresponding request from government authorities, law enforcement agencies or the court. Deletion of the User is also possible at any time, after the User has expressed consent.
3.13. The User is hereby notified and agrees to the following:
3.13. 1. the security and confidentiality of data processed on the User's Mobile Device is ensured directly by the User. The User understands and accepts the risks associated with the transfer of personal data and other confidential information using the Internet.
3.13. 2. Use of the Application (performance of functions by the Application) and data transfer are possible only with access to the Internet. The User independently obtains and pays for such access under the terms and at the rates of their telecom operator or Internet access provider.
4. DESCRIPTION OF THE "HEALTH BALANCE" APPLICATION
4.1. Registration (identification) of the User in the Application:
4.1.1. To use the functional capabilities of the Application, the User must go through the registration procedure.
4.1.2. When registering, the User fills out the registration form, indicating the first and last name, their email address, desired password, contact phone number, date of birth, gender. User registration is also possible through the Google service if the User has an email address registered to the User in this service.
4.1.3. To confirm registration, the Company sends the User an email to the email address for its confirmation.
4.1.4. The User is responsible for the accuracy, relevance and completeness of the information provided during registration. In the event of providing false information, the Company has the right to suspend or refuse the User registration or use of the Application. The Company is not responsible for the occurrence of negative consequences for the User as a result of the provision of false information.
4.1.5. In case of changes in the data specified during registration, the User undertakes to immediately make changes to the registration data through the Application.
4.1.6. The User is responsible to the Company and third parties for all actions performed in the Application under his/her Profile.
4.1.7. Each time the Application is launched, the User agrees to go through the authorization procedure in the Application. The User can authorize in the Application through the Google service (if there is an email address registered to the User in the specified service).
4.1.8. Under the Agreement, the Company undertakes to provide the User who has completed registration (authorization) in the Application with access to the services of the Application.
4.1.9. If necessary, the User can connect additional Apple Health and Health Connect services to the Application to transmit physical indicators and physical activity data of the User for the entire period of use of the Application. Adding these services to the Application occurs using the settings function in the "Profile" section. The Company does not guarantee the availability of the specified services when using the Application and their stable and continuous operation.
4.1.10. After the User has performed the actions specified in paragraphs 4.1.1-4.1.3 and 4.1.7 of this Agreement, the User is granted access to the functions and sections of the Application. Detailed information about each section of the application and its functionality is provided in the Instructions located at: https://wiki.health-balance.ru/.
4.1.11. The availability, display and interface of the functions of each section of the Applications depend on the technical characteristics of the User's mobile device on which the Application is installed.
5. WARRANTY. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
5.1. The Company does not guarantee that the Application will always correspond to the User's personal ideas about the functionality of the Application. The User understands and agrees that he must independently assess all risks associated with the use of the Application, including an assessment of its reliability, completeness or usefulness.
5.2. The use of the Application's functions is not a reason (grounds) for stopping the actions that the User previously performed in relation to his health and related to the need to monitor his well-being and safety, including those related to the need to contact the appropriate specialists.
5.3. The Company cannot guarantee 100% continuous, fast, reliable and error-free operation of the Application's functions, as well as the reliability and accuracy of the information that can be obtained using the Application and can be used to officially confirm any facts or events. The presence of errors or deficiencies in the Application, which, among other things, leads to the inability of the Application to function on the User's mobile device, is not a basis for the exchange, return or repair of such a mobile device.
5.4. The User acknowledges that the Company has the right to establish the following restrictions:
5.4.1. on the use of the Application functions, including the storage period of data received from the Devices belonging to the User;
5.4.2. the maximum number of messages in the chat;
5.4.3. the maximum number of requests to the support service and other restrictions.
5.5. The User understands that the use of the Application functions is possible only if the battery of the mobile device is charged, if there is a need for a cellular signal in the place of use of the mobile device and the ability to transmit data via the required channels. The User undertakes to independently ensure that the battery level is sufficient for the operation of the mobile device. The Company does not guarantee a constant, uninterrupted connection between the Application and the mobile device.
5.6. The Company has the right to manage statistical information related to the functioning of the Application, as well as information of Users to ensure targeted display of advertising information to various audiences of Users. For the purposes of organizing the functioning and technical support of Users, the Company has the technical ability to access the data entered by them, which it implements only for the purpose of fulfilling the obligations assumed under the Agreement and/or in cases established by this Agreement and the current legislation of the Russian Federation.
5.7. The Company has the right to send the User information about the development of the Application and its functions, as well as advertise its own activities and services.
6. EXCLUSIVE RIGHTS TO INTELLECTUAL PROPERTY
6.1. The Application, including design elements, text, graphic images and other parts of the Application are the object of the exclusive rights of the Company.
6.2. The materials of the Application, as well as any content posted in it, cannot be used without the prior written permission of the Company.
6.3. The use of materials by the User, as well as any content for personal, non-commercial purposes, is possible subject to the preservation of all copyright protection signs, trademarks, and the preservation of the corresponding object in its original form. Exceptions are cases expressly provided for by the legislation of the Russian Federation.
6.4. The Company grants the User a non-exclusive right to use the software implemented in the Application, provided that the User complies with the terms of this Agreement in full.
7. LIABILITY
7.1. For failure to fulfill or improper fulfillment of the terms of the Agreement, the Company and the User shall be liable to the extent and in accordance with the current legislation of the Russian Federation.
7.2. The Company shall not be liable for any direct or indirect damages incurred due to the use or inability to use the functions of the Application, their incorrect operation; unauthorized access to the Application; for the timely and proper fulfillment of their obligations by third parties.
7.3. The Application and its services, including all scripts, content and design, are supplied "as is". The Company disclaims any guarantees that the Application or its services may or may not be suitable for specific purposes of using the Application. The Company cannot guarantee and does not promise any specific results from using the Application and/or its functions.
7.4. Any violation of the terms of this Agreement by the User leads to the blocking of the User in the Application and termination of this Agreement. In case of using the Application after the termination of this Agreement, the User shall be liable in accordance with the legislation of the Russian Federation.
8. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
8.1. The User, when using the Application, provides his/her personal data, including his/her mobile phone number and email address.
8.2. By providing personal data in the appropriate volume, the User agrees to their processing by the Company, both with and without the use of automation tools, in particular collection, storage and use for the purposes of cooperation within the framework of this Agreement, transfer to agents and third parties acting under contracts with the Company for the fulfillment of the latter's obligations to the User.
8.3. The Company processes the provided personal data of the User for the purpose of fulfilling the obligations stipulated by this Agreement and the Policy on the processing of personal data. More detailed conditions for the processing of the User's personal data by the Company are specified in the Policy on the processing of personal data, which is available for review in the Appendix in the "Profile" section.
8.4. The Company undertakes to comply with the requirements of the legislation on the protection of personal data in accordance with the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data".
8.5. The User understands that the technology of the Application may require copying (reproduction) of the information entered by the User, as well as its processing, and gives consent to the Company to carry out all necessary actions to bring this information into compliance with the technical requirements of a particular function of the Application. The User agrees that the Company has the right to use all data, materials (including photos) and information posted by the User using the Application, without additional consent of the User in any volume and by any means not prohibited by the current legislation of the Russian Federation, and also gives consent to receive messages from the Company (including advertising).
8.6. Unless the User proves otherwise, any actions performed using his mobile device and the Application are considered to be performed by this User. In case of unauthorized access to the Application with the User’s credentials (email address and password), the User is obliged to immediately notify the Company about this.
8.7. The Company undertakes not to disclose information received from the User. Disclosure of information in accordance with reasonable and applicable requirements of the law shall not be considered a breach of obligations.
8.8. The User undertakes not to disclose information constituting a Trade Secret of the Company if such information has become available to the User. According to the Agreement, a trade secret is information of an industrial, technical, economic, organizational nature, including information on the results of intellectual activity, as well as information on the methods of carrying out professional activities that have actual or potential commercial value due to its being unknown to third parties, to which third parties do not have free access on legal grounds.
8.9. The User is solely responsible for providing reliable information and personal data, as well as for updating the provided data in the event of any changes. In case of provision of false information/inaccurate data, the Company shall not bear any liability for the fulfillment of obligations under this Agreement, as well as to third parties, personal data that were erroneously (or for other reasons) indicated as personal (personal) data during registration of the User, or were used by the latter in the process of using the Application and its services. In case of claims against the Company related to the processing of personal data of third parties, in connection with the provision of inaccurate information and personal data by the User, as well as in the event of losses incurred by the Company in this regard, the User shall compensate for these losses at the first request of the Company.
9. INFORMATION SUPPORT
9.1. By accepting this Agreement, the User expresses written consent to receive from the Company any reference and information materials containing information about news and other news items related to the Application, including via e-mail, SMS messages, mailings, push notifications and other methods.
9.2. The User has the right to unsubscribe from the mailing list at any time by sending a corresponding message via the feedback form.
9.3. The following claims procedure shall be applied to resolve disputes arising between the User and the Company as a result of using the Application:
9.3.1. In the event of a violation of the rights and legitimate interests of the User (in the opinion of the User) in connection with the use of the Application and/or due to the actions of the Company, the User shall send a written claim to the Company by sending a scanned image of it to the Company's email address: wellbeing@healthbalance.ru.
9.3.2. Within 10 (ten) calendar days from the date of receipt of the claim, the Company shall review it and send a response to the User's claim to the email address of the User specified during registration in the Application.
9.3.3. If it is impossible to resolve the dispute through the claims procedure, the dispute shall be subject to consideration in court in accordance with the rules of the current legislation of the Russian Federation.
9.4. The Company has the right not to consider anonymous claims, as well as claims that do not allow the User to be identified based on the data provided by them during registration.
10. FINAL PROVISIONS
10.1. This Agreement is governed by and interpreted in accordance with the laws of the Russian Federation and is valid for all Users registered in the Application.
10.2. In all other respects not regulated by this Agreement, the Parties shall be guided by the current laws of the Russian Federation.
10.3. This Agreement is drawn up in Russian.
10.4. If any provision of this Agreement is found invalid, this shall not affect the validity or applicability of the remaining provisions of this Agreement.
10.5. All possible disputes arising from or in connection with the Agreement shall be resolved in accordance with the current laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the Russian Federation.
11.INFORMATION ABOUT THE COMPANY
Name of the Company: LIMITED LIABILITY COMPANY MIP "NOVAYA REMEDIKA".
Legal address: 105613, Russia, Moscow, inner ter.g., Izmailovo municipal district, Izmailovskoye highway, 71, bldg. 4, G-D, floor / room 3/VI-GD, off. 89.
INN/KPP: 7704799897 / 71901001
OGRN: 127746046834
Support phone: +7 (909) 9481168
E-mail: wellbeing@healthbalance.ru