PUBLIC OFFER

for entering into a services agreement

1. General provisions

This Public Offer sets out the terms for entering into a services agreement (the “Services Agreement” or “Agreement”). This Offer is a proposal addressed to one or more specific persons, sufficiently definite and expressing the offeror’s intention to be bound by an Agreement with the recipient who accepts it.

Performing the actions specified in this Offer confirms both Parties’ agreement to enter into the Services Agreement on the terms, in the manner and to the extent described in this Offer.

The following Public Offer is the Service Provider’s official public proposal addressed to interested persons to enter into a Services Agreement under Article 437(2) of the Civil Code of the Russian Federation.

The Services Agreement is concluded and becomes effective when the Parties perform the actions specified in this Offer that constitute unconditional and full acceptance of all its terms, without exceptions or limitations, by accession.

Terms and definitions:

Agreement means this Offer, including its integral appendices, accepted by the Customer through the conduct specified in this Offer.

Acceptance by conduct means behaviour expressing agreement to another party’s proposal to enter into, amend or terminate an agreement. Such conduct consists of fully or partly performing the proposed terms.

Service Provider’s Website means the software and other information contained in an information system accessible over the Internet at the domain and address: https://caloriesdiary.com/

Parties means the Service Provider and the Customer.

Service means a service provided by the Service Provider to the Customer in the manner and on the terms established by this Offer.

2. Subject of the Agreement

2.1. The Service Provider undertakes to provide Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and time specified in this Agreement.

2.2. The description, quantity, procedure and other terms of the Services are determined by the Service Provider’s information when the Customer submits a request, or are published on the Service Provider’s Website: https://caloriesdiary.com/

2.3. The Service Provider provides the Services personally or through third parties and is responsible to the Customer for those third parties’ actions as for its own.

2.4. The Agreement is concluded by accepting this Offer through conduct expressed in:

· actions relating to registration of an account on the Service Provider’s Website, where registration is required;

· the Customer preparing and sending a request for Services to the Service Provider;

· actions relating to the Customer’s payment for Services;

· actions relating to the Service Provider’s provision of Services.

This list is not exhaustive; other actions may also clearly express a person’s intention to accept the other party’s offer.

3. Rights and obligations of the Parties

3.1. Rights and obligations of the Service Provider:

3.1.1. The Service Provider undertakes to provide Services under this Agreement, within the time and scope stated in it and/or in the manner specified on the Service Provider’s Website.

3.1.2. The Service Provider undertakes to give the Customer access to the Website sections needed to obtain information under clause 2.1 of the Agreement.

3.1.3. The Service Provider is responsible for storing and processing the Customer’s personal data, maintaining its confidentiality and using it exclusively to provide quality Services to the Customer.

3.1.4. The Service Provider reserves the right to change the time (period) of Services and the terms of this Offer unilaterally, without prior notice to the Customer, by publishing changes on the Service Provider’s Website.

New or amended terms published on the Website apply only to newly concluded Agreements.

3.2. Rights and obligations of the Customer:

3.2.1. The Customer must provide accurate information about themselves when receiving the relevant Services.

3.2.2. The Customer undertakes not to reproduce, duplicate, copy, sell or otherwise use information and materials made available through the Services, except for personal use by the Customer without granting access to third parties in any form.

3.2.3. The Customer undertakes to accept the Services provided by the Service Provider.

3.2.4. The Customer may request a refund for Services not provided, Services of inadequate quality, Services provided late, or where the Customer decides to cancel for reasons unrelated to the Service Provider’s breach, exclusively on grounds established by applicable law of the Russian Federation.

3.2.5. The Customer warrants that all terms of the Agreement are understood and accepted in full without reservations.

4. Price and payment procedure

4.1. The price of the Service Provider’s Services and the payment procedure are determined by the Service Provider’s information when the Customer submits a request or are published on the Service Provider’s Website: https://caloriesdiary.com/

4.2. All payments under the Agreement are cashless.

5. Confidentiality and security

5.1. In performing this Agreement, the Parties maintain the confidentiality and security of personal data under the current versions of Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” and Federal Law No. 149-FZ of 27 July 2006 “On Information, Information Technologies and Information Protection”.

5.2. The Parties undertake to keep information received during performance of this Agreement confidential and to take all possible measures to protect it from disclosure.

5.3. Confidential information means any information exchanged by the Service Provider and the Customer during performance of the Agreement that is subject to protection, subject to the exceptions stated below.

5.4. Such information may be contained in internal regulations, agreements, letters, reports, analytical materials, research results, diagrams, schedules, specifications and other documents provided to the Service Provider in paper or electronic form.

6. Force majeure

6.1. The Parties are released from liability for full or partial non-performance if proper performance becomes impossible due to force majeure: extraordinary and unavoidable circumstances in the circumstances concerned, including prohibitions by authorities, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.

6.2. A Party affected by these circumstances must notify the other Party within 30 (thirty) business days.

6.3. A document issued by an authorised public authority is sufficient evidence of the existence and duration of force majeure.

6.4. If force majeure continues for more than 60 (sixty) business days, either Party may withdraw from this Agreement unilaterally.

7. Liability of the Parties

7.1. For non-performance or improper performance of their obligations, the Parties are liable under the terms of this Offer.

7.2. The Service Provider is not liable for non-performance or improper performance caused by the Customer.

7.3. A Party that fails to perform or improperly performs its obligations must compensate the other Party for the losses caused by that breach.

8. Duration of this Offer

8.1. This Offer takes effect when published on the Service Provider’s Website and remains effective until withdrawn by the Service Provider.

8.2. The Service Provider reserves the right to amend or withdraw this Offer at any time at its discretion. Notice of amendment or withdrawal may, at the Service Provider’s choice, be published on the Website or in the Customer’s account, or sent to the email or postal address supplied by the Customer when entering into or performing the Agreement.

8.3. The Agreement takes effect upon the Customer’s acceptance of this Offer and continues until the Parties have fully performed their obligations.

8.4. Amendments made by the Service Provider and published as an updated Offer are deemed accepted by the Customer in full.

9. Additional terms

9.1. The Agreement, its conclusion and performance are governed by applicable law of the Russian Federation. Matters not regulated, or incompletely regulated, by this Offer are governed by substantive law of the Russian Federation.

9.2. If a dispute arises during performance of an Agreement concluded on these terms, the Parties must seek an amicable settlement before starting court proceedings.

Court proceedings are conducted under the law of the Russian Federation.

Disputes or disagreements not resolved by the Parties are resolved under Russian law. A pre-trial dispute resolution procedure is mandatory.

9.3. The Parties designate Russian as the language of the Agreement concluded on these terms and of all interactions between them, including correspondence, requests, notices, explanations and provision of documents.

9.4. All documents to be provided under this Offer must be prepared in Russian or accompanied by a duly certified Russian translation.

9.5. A Party’s inaction following a breach does not prevent that Party from protecting its interests later and does not waive its rights in relation to subsequent similar breaches.

9.6. Links on the Service Provider’s Website to third-party websites or materials are provided for information only. The Service Provider does not control their content and is not liable for any loss or damage arising from their use.

10. Service Provider details

Full name: Kuprin Mikhail Valeryevich

Taxpayer identification number (INN): 503220684394

Contact email: support@caloriesdiary.com