User agreement
for the Elia mini-app (16+)
This User agreement (the «Agreement») is a standalone document of the Rights holder. The standard VK user agreement does not apply to the Elia app.
1. Terms and parties
1.1. Rights holder (hereinafter «we», the «Rights holder»): sole proprietor Алексеев Иван Викторович, INN 615011071608, OGRNIP 322619600000957. Details and contacts are on the Contacts page: https://elia-app.ru/contacts.
1.2. User (hereinafter «you», the «User»): a legally capable individual aged 16 or over who uses the App.
1.3. The App is the Elia mini-app on VKontakte, providing:
a) short self-help techniques;
b) a questionnaire whose results guide technique selection;
c) a wellbeing diary.
1.4. Premium is paid access to an extended set of techniques and materials of the App, on the terms of the Public offer: https://elia-app.ru/offer.
1.5. Privacy policy — the document that sets how Users' personal data are processed: https://elia-app.ru/privacy.
1.6. Account — the User's profile in the App, linked to their VKontakte identifier (VK ID).
1.7. The Agreement is between the User and the Rights holder. The VKontakte platform and the VK Pay payment service are not parties to the Agreement.
2. Nature of the service and its limits
2.1. The App is intended for self-help and informational support.
2.2. The App:
a) is not a medical service;
b) does not diagnose, prescribe or provide treatment;
c) does not replace a consultation with a doctor, psychotherapist or other specialist.
2.3. Questionnaire results are a guide for selecting techniques and are not a diagnosis or a medical opinion.
2.4. The Rights holder does not guarantee any therapeutic, medical or other result from using the App.
2.5. If you feel worse, seek a specialist. Health decisions are made by the User independently and at their own risk.
3. Emergencies
3.1. The App is not intended to provide emergency help.
3.2. If there is a risk of harm to the life or health of the User, a child or another person, call 112 immediately.
3.3. The App has a screen with the emergency-service number.
4. Acceptance
4.1. The User accepts the Agreement and the Privacy policy before using the App.
4.2. By accepting the Agreement and the Privacy policy, the User confirms that:
a) they are 16 or older;
b) they have read both documents and agree to them;
c) they understand the service limits in sections 2 and 3.
4.3. The Rights holder records the date of acceptance of the Agreement and the Privacy policy, and the version of each document.
4.4. Without acceptance of the Agreement and the Privacy policy, access to the App is not provided. Until they are accepted, no User profile is created in the database.
5. Use of the App
5.1. The User may use the App for personal non-commercial purposes in line with the Agreement and Russian law.
5.2. The free part of the App remains available within the limits set in the App.
5.3. Paid access is provided under the Public offer. Payment is made via VK Pay on VKontakte platform terms.
5.4. The User undertakes to:
a) provide accurate data if the App requests it;
b) not share access to their Account with third parties;
c) not infringe the rights and lawful interests of the Rights holder and third parties.
5.5. The User must not:
a) copy, reproduce, distribute or otherwise use the method, technique texts, questionnaire and other App materials to create or develop their own service;
b) scrape or otherwise collect data from the App automatically;
c) attempt unauthorized access to the App, servers, databases or other users' Accounts;
d) interfere with the App, bypass limits, including paid-access limits;
e) use the App for unlawful purposes.
5.6. If clauses 5.4–5.5 are breached, the Rights holder may limit or stop the User's access to the App. Refunds in such cases follow Russian law and the Refund policy.
6. Personal data
6.1. What is processed, why, who is instructed to process it technically, storage periods and deletion are set in the Privacy policy.
6.2. App servers and the database are in the European Union. This is stated in the Privacy policy. By accepting the Agreement and the Privacy policy, the User agrees to transfer of their data to those servers.
6.3. The User may delete the Account and data at any time:
a) with a button in the App;
b) by writing to the Rights holder's emails: support@elia-app.ru, alekseev_ivan@mail.ru.
7. Paid access
7.1. Price, payment, Premium term and refunds are set by the Public offer and the Refund policy.
7.2. Premium does not renew automatically.
7.3. Payments go through VK Pay on VKontakte platform terms. The Rights holder is not liable for the payment service, but takes steps to resolve User requests under the Offer and the Refund policy.
8. Intellectual property
8.1. Exclusive rights to technique texts, the questionnaire, the method, interface, design, App code and the Elia trademark belong to the Rights holder.
8.2. The User is granted a limited, non-exclusive, non-transferable right to use the App for its intended purpose for the life of the Account and on the terms of the Agreement.
8.3. Any other use of App materials, including copying the method and materials for one's own service, is allowed only with the Rights holder's written consent.
9. Liability
9.1. The App is provided «as is». The Rights holder does not guarantee the absence of interruptions, errors or failures, but takes reasonable steps to fix them.
9.2. The Rights holder is not liable for decisions the User makes without consulting a specialist, or for using self-help techniques other than as intended.
9.3. The Rights holder is not liable for the VKontakte platform, VK Pay, or third-party acts beyond its control.
9.4. Liability limits in the Agreement apply to the maximum extent allowed by Russian law. They do not take away consumer rights under Law of the Russian Federation No. 2300-1 of 07.02.1992 «On Protection of Consumer Rights».
10. Feedback
10.1. Questions about the App, requests under the Agreement, and data-deletion requests go to support@elia-app.ru, alekseev_ivan@mail.ru, or the contacts on the Contacts page: https://elia-app.ru/contacts.
10.2. The Rights holder replies within 7 (seven) days of receipt.
11. Changes to the Agreement
11.1. The Rights holder may update the Agreement. The new version is published at https://elia-app.ru/terms with a new date.
11.2. Continued use of the App after publication of a new version means the User agrees to it.
11.3. If changes concern personal-data processing, the Rights holder asks the User to accept the updated documents again.
12. Final provisions
12.1. The Agreement is governed by the law of the Russian Federation.
12.2. If any clause is found invalid, the rest remain in force.
12.3. Disputes are resolved by negotiation. If no agreement is reached, the dispute is heard by a court under Russian law. A consumer User may sue under the venue rules of the Law of the Russian Federation «On Protection of Consumer Rights».
12.4. The Public offer and the Privacy policy are an integral part of the Agreement.