Public offer for a paid services agreement

1. Definitions

“Provider” — ООО «АЗИЯ», INN 2466290570, OGRN 1222400003759.

“User” — a legally capable individual who has accepted this Offer.

“Website” — the software and information made available over the Internet at mediator8.ru.

“Service” — the Mediator software: a focus timer, recovery practices, a voice diary with automatic transcription and analysis, and a view of how the User's state changes over time.

“Subscription” — the User's right to use the Service during a paid billing period.

“Trial period” — 7 (seven) calendar days from registration during which the User uses the Service free of charge and without linking a payment method.

“Billing period” — one calendar month starting on the date the payment is charged.

“Payment service” — Robokassa, the service through which payments are accepted and the User's payment method details are stored.

“Implied actions” — conduct that clearly expresses agreement with the proposal to conclude the Agreement.

2. Subject of the Agreement

Under this Agreement the Provider undertakes to give the User remote access to the functionality of the Service, and the User undertakes to accept the services and pay for them on the terms set out in the Agreement.

The functionality of the Service, its prices and other conditions are determined by the Provider and published on the Website.

Acceptance of this Offer is expressed through implied actions by the User, in particular:

• registering an account on the Website while confirming agreement with this Offer and the Privacy Policy;
• using the functions of the Service during the Trial period;
• taking out and paying for a Subscription.

3. Description of the services

The Service allows the User to:

• run a focus timer of a chosen length and keep a history of sessions;
• follow breathing practices with a visual pacer and a background sound layer;
• listen to NSDR (non-sleep deep rest) audio sessions;
• record voice notes of up to 5 (five) minutes;
• receive an automatic text transcript of a recording and its analysis across five state scales, produced by artificial intelligence;
• review how the state scores change over a chosen period.

For speech recognition and text analysis the Provider uses the Alibaba Cloud (DashScope) cloud service, whose computing capacity is located outside the Russian Federation (Singapore). The audio recording and its transcript are transferred without the name, email address or any other data directly identifying the User. The processing is described in the Privacy Policy.

The Service is not a medical device, does not diagnose and does not prescribe treatment. Automatically produced state scores are informational aids and do not replace consulting a doctor or a therapist.

4. Rights and obligations of the parties

The Provider may

• require payment for the services on the terms set out in the Agreement;
• refuse to conclude the Agreement in case of bad-faith conduct by the User, including knowingly false information or use of the Service in breach of Russian law;
• suspend the services if payment is absent after the Trial period or a paid billing period ends;
• change the functionality of the Service, giving the User prior notice;
• carry out scheduled maintenance with temporary limits on access to the Service.

The Provider undertakes to

• give access to the functionality of the Service in line with the chosen plan;
• keep user data confidential and secure in line with the Privacy Policy;
• notify the User of upcoming charges and of any change in the Subscription price within the periods set out in section 6 of this Offer;
• let the User cancel automatic renewal and delete their account at any time, on their own, without contacting the Provider.

The User may

• use the functionality of the Service in line with the chosen plan;
• cancel automatic renewal and/or delete their account at any time in the Service settings;
• receive a refund as set out in section 7 of this Offer;
• request the information provided for by Russian law and by this Offer.

The User undertakes to

• provide accurate information needed to perform the Agreement;
• use the Service for personal purposes only and not to share account access with third parties;
• not use the Service for unlawful acts, including recording other people's voices without their consent;
• pay for the services on time in line with the chosen plan;
• maintain their own device and Internet connection.

5. Price and payment

The Subscription costs 199 roubles per billing period (one calendar month). The current price is published on the Website.

The Trial period is free for 7 (seven) calendar days from registration. No payment method is required for the Trial period.

Payment is made by non-cash transfer through the Payment service. Payment is considered made when the Provider receives confirmation from the Payment service that it succeeded.

Under Federal Law No. 54-FZ of 22.05.2003 an electronic cash receipt is generated for every payment and sent to the email address the User gave at registration.

6. Automatic renewal and recurring payments

By taking out a Subscription the User links a payment method and gives the Provider consent to recurring automatic charges for subsequent billing periods. Consent is given by a separate explicit action on the payment page.

The charge is made automatically once per billing period, on the date matching the date of the first payment, in the amount of the Subscription price in force at the time of the charge. No charge of a different amount or on a different schedule is made without new consent from the User.

Payment method details are processed and stored by the Payment service. The Provider does not receive or store the card number, its expiry date or its verification code; only a payment token that allows a charge to be initiated is available to the Provider.

No later than 24 (twenty four) hours before the date of each charge, the Provider sends the User an email notice stating the amount and the date of the upcoming payment.

The Provider notifies the User by email of any change in the Subscription price no later than 14 (fourteen) calendar days before the date of a charge at the new price. A User who does not agree with the new price may cancel automatic renewal before that date; access is then kept until the end of the paid period.

The User may cancel automatic renewal at any time, on their own, in the “Settings” section of their account, without contacting the Provider and without giving a reason. Cancellation takes effect immediately: no further charges are made, and access to the Service is kept until the end of the billing period already paid for.

If a charge cannot be completed (insufficient funds, an expired card, a bank refusal and the like), the Provider may retry it within 3 (three) calendar days. If payment is still not received, access to the Service is suspended until payment is made; the User's data is preserved and remains available once the Subscription resumes.

Consent to automatic charges is deemed withdrawn from the moment the User cancels automatic renewal or deletes their account.

7. Refunds

The User may request a refund of the amount paid for the Subscription within 7 (seven) calendar days of the first payment. The refund is made in full to the payment method used, within 10 (ten) business days of the Provider receiving the request.

After 7 (seven) calendar days from the payment, no refund is made for the unused part of the paid period, except in cases expressly provided for by Russian law.

A refund request is sent to the Provider's email address given in the details below, from the email address the User gave at registration.

8. Confidentiality and security

In performing this Agreement the parties keep personal data confidential and secure in accordance with Federal Law No. 152-FZ of 27.07.2006 “On personal data” and Federal Law No. 149-FZ of 27.07.2006 “On information, information technologies and the protection of information”.

The processing of the User's personal data is governed by the Privacy Policy published on the Website, which forms an integral part of this Agreement.

The User confirms their informed consent to the processing of voice recordings by artificial intelligence, including automatic transcription and the derivation of state scores and short summaries from them, and to the cross-border transfer of that data for those purposes.

9. Liability

For failure to perform or improper performance of obligations under the Agreement the parties are liable in accordance with this Offer and Russian law.

The Provider is not liable for:

• inability to access the Service for reasons outside the Provider's control (the User having no Internet connection, a faulty device, actions of telecom operators and the like);
• the content of voice recordings created by the User;
• inaccuracies in automatically produced transcripts, scores and summaries, as these materials are informational aids;
• decisions taken by the User on the basis of information from the Service, including decisions concerning health;
• loss of user data resulting from the User deleting their own account.

10. Force majeure

The parties are released from liability for failure to perform obligations under the Agreement where it is caused by force majeure: prohibitive acts of authorities, epidemics, blockade, embargo, natural disasters, and failures of third-party services engaged by the Provider.

A party must notify the other of such circumstances within 30 (thirty) business days. If they last more than 60 (sixty) business days, either party may withdraw from the Agreement unilaterally.

11. Term of the Offer

The Offer takes effect when published on the Website and remains in force until withdrawn by the Provider.

The Provider may change the terms of the Offer or withdraw it. Notice of a change or withdrawal is given by publication on the Website, in the User's account, or by a message to the email address the User provided.

The Agreement is in force from acceptance until the parties have fully performed their obligations or until the User deletes their account. Changes published on the Website as an updated Offer are deemed accepted by the User if they continue using the Service after publication.

12. Miscellaneous

The Agreement, its conclusion and its performance are governed by the law of the Russian Federation. Matters not covered by this Offer are governed by Russian substantive law.

Disputes are settled through negotiation; a pre-court settlement procedure is mandatory. A claim is answered within 30 (thirty) calendar days of receipt.

The language of the Agreement and of any interaction between the parties is Russian.

13. Provider details

Legal name

ОБЩЕСТВО С ОГРАНИЧЕННОЙ ОТВЕТСТВЕННОСТЬЮ «АЗИЯ»

Director general

Павлюков В. С.

INN (tax number)

2466290570

KPP

246001001

OGRN (registration number)

1222400003759

Address

660099, Россия, Красноярский край, г. Красноярск, ул. Железнодорожников, д. 17, оф. 305

Bank details

Р/с 40702810901500119285 в ООО «Банк Точка», БИК 044525104, к/с 30101810745374525104

Phone

+7 933 328-36-37

E-mail

aziya.org@yandex.ru

Website

mediator8.ru