User Agreement

1. Definitions

In this Agreement, the following terms have the following meaning: "Company", "We", "Our", "Us", "Ourselves" or any other similar derivatives (depending on the context) mean the following entity: Atenon Research Center LLC (Nizhny Novgorod), which is the developer, owner, and manager of the Application.
"Application Content" means all objects placed by the Company and/or third parties (with the Company's permission) in the Application, including design elements, text, graphic images, illustrations, virtual objects, videos, programs, music, sounds, information, notifications and any other similar objects, their collections or combinations.
"Updates" means a software patch or software package for the Application that is released from time to time by the Company, offered for free download by Users who are already using the Application, and is aimed at fixing non-functional functions of the Application, eliminating bugs (errors) in the operation of the Application, or introducing small software components to ensure greater security and compatibility of the Application with devices.
"Platform" means the cloud platform on which the Company has hosted the Application for subsequent download by the User. This Application is available for download from RuStore.
"Application Software" means the software developed by the Company (and/or third parties on behalf of the Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"User", "You", "Your", "Yours" or any other similar terms (depending on the context) refer to the person using the App, who has accessed the Services, and who has consented to the App's terms of use set forth in this Agreement by checking the appropriate box when opening the App.
"Application" refers to the following application: AtnHealth, which the User downloads via the Platform to a smartphone or other device.
"Services" refers collectively to the App Content and the App Software.

2. Acceptance of the Agreement

General Provisions
2.1. This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedures for using the Application, the rights and obligations of Users, and regulates Users' conduct when accessing the Application and Services.
2.2. The User accepts the terms of this Agreement by checking the appropriate box when downloading the Application to their smartphone or other device.
2.3. This Agreement is binding on its parties (i.e., the Company and the User). The User may assign their rights under this Agreement only after receiving the prior written consent of the Company.
User Warning
2.4. If the User accesses the Application and/or its Services through the Platform or social media, the User is automatically deemed to have accepted the terms of the user agreement for such Platform or social media.
2.5. The User acknowledges that their agreement with their mobile network provider (hereinafter referred to as the "Provider") will apply to the User's use of this Application. The User also acknowledges that the Provider may charge the User from time to time for data transfer services when using certain features of the Application, as well as any other fees and charges in connection with such transfer, for which the User agrees to be responsible. If the User is not the payer of the Provider's bill for the smartphone or other device used to access the Application, it is assumed that such User has received permission from the bill payer to use the Application.
2.6. The User is the sole person responsible for checking and monitoring the compliance of the installed Application with the technical features/capabilities of the smartphone or other device and/or other restrictions that may be applied to the User and/or their smartphone or other device by third parties, including the Internet provider.

3. Application Users

General Criteria
3.1. To use the Application, Users must meet the following criteria (cumulatively): be at least 18 years of age, and not be restricted in their right to access the Application and Services by a final and binding court decision, or in cases stipulated by applicable law or the terms of this Agreement.
Creating a Personal Account
3.2. The Services may be used by both Users who have completed the personal account creation process and Users who have declined to do so. Unregistered Users do not have access to the following Services: payment for services, conducting research, and receiving a functional assessment of their body's condition based on their heart rate.
3.3. To remove these restrictions and gain full access, the User must create a personal account. To register and create a personal account, the User must provide their email address as a login. To verify their email address, a message will be sent to the email address provided by the User. The message will contain a unique link that the User must click, thereby confirming that the email address provided is valid and belongs to them.
3.4. This Agreement applies equally and in full (without any exceptions) to both Users with and without a personal account.

4. Intellectual Property

User License
4.1. The User receives a non-exclusive, non-transferable, and non-sublicensable license to the Services (hereinafter referred to as the "User License") for personal (non-commercial) use ONLY. The User undertakes not to use the Services for any other purposes. The User receives this User License ONLY subject to compliance with ALL terms of this Agreement.
4.2. The User License terminates automatically upon uninstallation of the App from the User's smartphone or other device. Nothing in this Agreement shall be construed as granting the User any license to use intellectual property owned or controlled by the Company other than that granted above.
The Company's Intellectual Property
4.3. The technology used in the App is patented under Russian Federation law as the invention "Method for Assessing the State of the Human Autonomic Nervous System Based on Heart Rate."
4.4. The Company owns all proprietary rights, including intellectual property rights, to all App Content, as well as the App Software. The App Software and App Content are protected by copyright in accordance with the current civil legislation of the Russian Federation, as well as international treaties and conventions on the protection of intellectual property.
4.5. USERS ARE PROHIBITED from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling (in whole or in part), transferring by any means for a fee or free of charge, sublicensing, distributing, or using the Application Content and Application Software in any way, except as expressly permitted by the terms of this Agreement or applicable Russian Federation law.
4.6. Nothing in this Agreement shall be construed as granting the User any exclusive rights to the Application Content (in whole or in part) and/or the Application Software.
4.7. The Company owns all rights to the trademarks, commercial (business) names, brands, and logos registered in its name (hereinafter referred to as the "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in this Agreement shall be construed as conferring any license on the User to use such Trademarks.

5. Application Operation Procedures
General Provisions
5.1. The User undertakes to comply with the following rules when using the Application:
- comply with all obligations assumed by the User in connection with joining this Agreement;
- provide accurate information about themselves when creating a personal account;
- not impersonate any other person, including, but not limited to, not providing any third-party data (without obtaining their direct, prior, and informed consent) when creating a personal account;
- inform the Company of the theft of the User's logins, passwords, or any other access keys to their personal account;
- not provide third parties with access to their account and/or logins, passwords, or other access keys;
- not perform any actions (with or without the use of automated tools) aimed at collecting any personal data from other Users;
- Not to undertake any actions or assist third parties in undermining the operation of the Application and/or Services;
- to upload viruses or malicious code;
- to perform actions that may disable the Application and/or Services, disrupt the normal operation of the Application or its software, or impair the appearance of the Application and/or Application Content;
- not to undertake any other actions that are illegal, fraudulent, discriminatory, or misleading.
Feedback on the Application
5.2. Each User has the right (but not the obligation) to leave or send ideas, feedback, suggestions, or projects aimed at improving the Application or the quality of the Services from time to time. Such feedback may be sent by email to atn@atenon-nn.ru.
5.3. By submitting such an idea, feedback, suggestion, or project, the User automatically grants us a non-exclusive, royalty-free, worldwide, transferable, and sublicensable license to store, use, distribute, modify, run, copy, publicly perform, display, translate, and create derivative works of your ideas, feedback, suggestions, or projects.
5.4. Any such information provided to the Company is automatically deemed non-confidential.

6. Advertising in the App

Advertising by the Company
6.1. The Company reserves the right to periodically post any advertising or marketing materials.
Advertising by Third Parties
6.2. The App content may contain links to third-party websites and/or advertising or marketing materials about products or services provided by such third parties (hereinafter referred to as "Third-Party Advertising"). THE COMPANY DOES NOT ASSUMES ANY LIABILITY FOR THE CONTENT OF THIRD-PARTY ADVERTISING, OR FOR THE AVAILABILITY, QUALITY, OR SAFETY OF THE GOODS/SERVICES PROMOTED IN SUCH ADVERTISING, OR FOR ANY LOSS, DAMAGE, OR DAMAGE INCURRED OR CAUSED BY THE USER AS A RESULT OF READING SUCH ADVERTISING OR USE OF THE GOODS/SERVICES PROMOTED IN THIRD-PARTY ADVERTISING.
6.3. If a user links to another website through a third-party advertisement, the Company cannot guarantee that such website is safe for the user and/or their computer. Nothing in this Agreement shall be construed as a representation, encouragement, recommendation, or solicitation by the User to use Third-Party Advertising, visit any Third-Party websites, or try, purchase, or use any Third-Party products or services.
6.4. Issues related to the protection of Users' personal data when using Third-Party Advertising are governed by the Privacy Policy.

7. Making Payments through the App

General Provisions
7.1. Users can pay for services through the App. The Company directly acts as the seller of such services.
7.2. The Company does not store any information about your debit or credit card used for payment.
7.3. THE COMPANY WILL PROVIDE ORDERED SERVICES ONLY AFTER RECEIPT OF FULL PAYMENT.
7.4. If the Company is unable to provide you with the services you ordered and paid for, the Company undertakes to refund you the entire amount previously paid within 1 day (unless the banking transaction takes longer due to reasons beyond the Company's control) to cover the cost of the ordered services (excluding bank fees and costs that may have been charged by your servicing bank when paying for services through the App).
Payment Procedure
7.5. The price of services in the App is indicated in Russian rubles. Payment for services must also be made in Russian rubles.
7.6. The User may pay by bank card.
7.7. Please note that the Company may refuse to accept any payment method at any time without explanation or notice to Users.
7.8. Services are considered paid for in full by the User from the moment the payment is confirmed by the banking institution servicing the User's debit or credit card used to pay through the App.
7.9. Please note that your servicing bank may, at its sole discretion, conduct additional checks on the completed transaction, which may subsequently lead to a delay in payment for services you previously ordered.
7.10. The Company assumes no liability for any damages, losses, lost profits, or loss of goodwill incurred by the User due to a delay in payment, which in turn could lead to a delay in our provision of certain services.
Promotions
7.11. From time to time, the Company may post promotional offers on services. The frequency of such offers, as well as their terms, are determined solely by the Company.
7.12. The User acknowledges that the number of promotional offers on services is limited.
7.13. The Company does not guarantee or promise Users that the purchase of any promotional services is in any way beneficial to the User and/or third parties, and the cost of promotional services must necessarily be lower than their regular cost indicated in the Application or on other third-party websites.

8. Access to the Application

General Provisions
8.1. The Company reserves the right to change or modify the Application Content at any time without cause, at its sole discretion, and without notice to the User. The Company also reserves the right to modify, interrupt, or discontinue all or part of the Application at any time without notice. Therefore, the Company assumes no liability to Users or third parties for any changes, modifications, deletions, discontinuances, terminations, or interruptions in the Application.
8.2. The Company does not guarantee that the Application and Services will be available to the User at all times. From time to time, the Company may encounter hardware, application software, or other problems, which may require the Company to investigate and resolve such issues. Such troubleshooting may result in interruptions, delays, or errors in the Application. The Company reserves the right to modify, revise, update, suspend, discontinue, or otherwise alter the Application at any time or for any reason without prior notice. The User agrees that the Company will not be liable for any loss, damage, or inconvenience caused by the User's inability to access or use the Application during any downtime or interruption of the Application. Nothing in this Agreement will be construed as obligating us to maintain the Application's operation without interruption or interruption.
Provision of Updates
8.3. The Company may from time to time provide Updates and require their installation on the User's smartphone or other device. In such cases, the User is solely responsible for installing the Updates and is fully liable for any damage, loss, harm, or lost profits caused to the User by the late installation of Updates, the failure to install them at all, or the incompatibility of the installed Updates with the User's smartphone or other device. The Company does not provide any technical support or internet connection to the User to access the Services and/or Updates.
Account Deletion
8.4. The User has the right to stop using the Application at any time by deleting it from their smartphone or other device.
8.5. The Company has the right to terminate (suspend) the User's access to the Application and Services at any time without prior notice by deleting their account in the event of:
- the User's violation of the terms of this Agreement or when the Company has reasonable grounds to believe that such violations have occurred;
- the User's violation of the intellectual property rights of the Company, other Users, or third parties;
- the User's actions that are illegal, violate the rights and interests of the Company, other Users, or third parties, or undermine the operation of the Application or the ability of other Users to use the Application;
- the User's use of the Services or the Application in a manner that may entail legal liability for the Company in the future;
- if required by applicable law or a competent government agency.
If the above circumstances occur, the User is prohibited from creating any other accounts in the Application in the future.
8.6. In all cases where the User's account is deleted or the App is removed from the User's smartphone or other device, all data and information posted by the User in the account and/or associated with it will be permanently deleted. The Company assumes no liability for the deletion of such data and information, or for any harm, damage, loss, or lost profit caused to the User by such deletion and/or loss of access to the Services in general.
Furthermore, the User has no right to request any refund for a previously paid subscription.

9. Ask a Question

9.1. If you have any questions regarding the terms of this Agreement or the procedure/method for their execution, you may address your question to us by sending an email to atn@atenon-nn.ru.
9.2. The Company's employees and representatives undertake to make every effort to respond to your request within a reasonable time.

10. Liability

The AtnHealth App is not a medical device within the meaning of applicable law, and the data obtained is advisory in nature. The User uses the AtnHealth App service(s) voluntarily and at their own risk. The Company's warranty is limited solely to the accuracy of the data obtained when using the App service(s).
The Company and its representatives shall not be liable to the User or any third parties for any indirect, incidental, or unintentional damages, including lost profits or data, harm to honor, dignity, or business reputation, caused by the use of the App, services, or other materials accessed by the User or other persons through the App, even if the Company has warned or indicated the possibility of such damage; for the actions of other users, for user-generated content posted by users, for services provided by third parties or other users accessed by the User; or in cases expressly provided for by the terms of this Agreement or applicable law.

11. Dispute Resolution Procedure

In the event of any disputes or disagreements arising from the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations. If the disputes are not resolved through negotiations, they will be resolved in accordance with the procedures established by the current legislation of the Russian Federation.

12. Final Provisions

12.1. We may revise, supplement, or modify the terms of this Agreement from time to time. Such changes are generally not retroactive.
THE COMPANY UNDERTAKES NO OBLIGATION TO NOTIFY USERS OF UPCOMING OR EXISTING CHANGES TO THE TEXT OF THIS AGREEMENT. By agreeing to the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If the User continues to use the Application after changes or additions to the Agreement have been made, this means that the User has read the changes or additions and has accepted them in full without any objections.
12.2. Unless otherwise expressly stated in the provisions of this Agreement or directly follows from applicable law, the substantive law of the Russian Federation shall apply to the terms of this Agreement.
12.3. The following document, the Privacy Policy, forms an integral part of this Agreement.
12.4. If one or more terms of this Agreement are found to be invalid or voidable under applicable law, the remaining terms of this Agreement remain valid and continue to apply as if the invalid or voidable term had never existed.
12.5. Access to the Application and its Services is provided to the User "as is." We do not promise, guarantee, or imply that the Services and the Application will or will not meet your needs, goals, or expectations, and therefore do not guarantee any specific results or consequences from your use of the Application and its Services.