Version dated 20.09.2026
Notice: This English version is provided for convenience. In case of discrepancies, the Russian text prevails.
This License Agreement (the "Agreement") is an offer made by Individual Entrepreneur Demidov Evgeny Vladimirovich (TIN: 771471529305, OGRNIP: 325774600699146), hereinafter referred to as the Licensor, to the user, hereinafter referred to as the Licensee. The Agreement is deemed concluded from the moment of its acceptance by the Licensee. For the purposes of this Agreement, acceptance means the fact of payment by the Licensee for the License.
DEFINITIONS
1.1. Software means the Zdorovyak.com computer software, the exclusive rights to use which belong to the Licensor.
The Software is intended to automate responses to user questions in real time through websites / mobile applications
/ messengers.
Depending on the Plan, the Software may include the following interfaces:
Depending on the Plan, the Software may include the following functionality:
The Software supports the following operating system versions: Windows 8 and higher, macOS 10.12 and higher, Linux x64, iOS 15 and higher, Android 8 and higher, as well as current versions of the following browsers: Google Chrome, Mozilla Firefox, Opera, Yandex.Browser, Microsoft Edge, Safari, and the default Android browser.
1.2. License means the non-exclusive right of the Licensee to use the Software granted by the Licensor, with limitations on the available set of Options and term of use.
1.3. Option or Additional Option means a Software function, the right of the Licensee to use which is granted in accordance with the License order.
1.4. Licensor Website means https://zdorovyak.com/ and its subdomains, including https://da.zdorovyak.com/, https://ai.zdorovyak.com/ and https://xml.zdorovyak.com/.
1.5. Plan means the cost of using the Software, determined by the Licensor and published on the Licensor Website. The Licensee purchases the License according to the Plan effective at the time of purchase.
1.6. Initial License means a License preceding a Subscription.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the transfer by the Licensor to the Licensee of non-exclusive rights to use the Software under a simple (non-exclusive) license by granting access to the Licensor's server.
2.2. The dialogue reading function is provided with a limitation on dialogue storage period. The maximum dialogue storage period is 3 months.
2.3. The Licensee is entitled to use the Software in the following ways:
2.3.1. Create AI agents to answer questions from users, partners, or employees.
2.3.2. Manage AI agent performance, configure their operation, modify AI discussion content, and retrain them.
2.3.3. Access visitor dialogues and dialogue statistics, except during technical maintenance periods.
2.3.4. Use all Software functionality specified in the License, taking into account limitations of Option set under the Plan and usage term.
2.4. The Licensee is not entitled to transfer the right to use the Software to third parties.
3. PERFORMANCE OF THE AGREEMENT
3.1. The Licensor must provide the Licensee with a non-exclusive License within 5 business days from receipt of payment for the License.
3.2. The Licensee must use the Software only in the ways provided for by this Agreement and according to limitations defined by the License.
3.3. The Licensee is provided technical support regarding use of the Software throughout the License term.
3.4. The Licensor may carry out technological interruptions in providing access to the Software, which are considered provision of access in normal mode and are not grounds for recalculation of amounts paid by the Licensee. Technological interruptions may be carried out, including for software functionality updates. Technological interruptions do not exceed 4 hours per calendar month and are carried out at night (from 23:00 to 06:00 Moscow time).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Licensee has the right to:
4.2. During the term of this Agreement, the Licensee undertakes to:
4.3. The Licensee undertakes not to collect and not to process personal data of EU and EEA residents using the Software.
4.4. The Licensor has the right to change the Plan for purchase of new Licenses.
4.5. The Licensor has the right, without prior notice, to update the Software, change function set, appearance, and logic of Software operation.
4.6. The Licensor reserves the right, at its discretion, without notifying the Licensee and without explanation, at any time to restrict or completely block the Licensee's access to the Software with subsequent return within 5 (five) business days to the Licensee of part of License cost proportionate to the remaining License term. The Licensor does not reimburse Licensee losses, lost profits and/or other expenses related to blocking access.
4.7. The Licensor reserves the right to use any information, materials of the Licensee posted publicly on the Licensee's internet pages, as well as references and links to such materials and Licensee websites, for commercial, marketing and other lawful purposes, except where written objection was received from the Licensee regarding such use, mention, link and/or other use methods by the Licensor.
5. SETTLEMENT PROCEDURE, SUBSCRIPTION, AND TRANSFER OF RIGHTS
5.1. To purchase a License, the Licensee places an order on the Website https://zdorovyak.com/ or by email at support@zdorovyak.com and specifies license parameters: set of Options, information for AI responses. The Licensee pays the Licensor license remuneration for the right to use the Software in accordance with the Plan indicated on the personal account page or in invoice issued to Licensee. VAT is not charged based on Article 149 paragraph 2 subparagraph 26 of the Tax Code of the Russian Federation. The Licensor does not issue VAT invoices to the Licensee on the basis of paragraph 3 Article 169 of the Tax Code.
5.2. If under laws of a foreign state the Licensee must withhold, pay any taxes and fees levied in such foreign state from the Licensor as income recipient, including in particular VAT and income (profit) withholding tax, as well as any analogous taxes that may replace or supplement existing ones, then the amount of remuneration payable to the Licensor is increased such that the net amount received by the Licensor after withholding or payment of such taxes equals the amount specified in the Plan according to selected License parameters.
5.3. If Initial License payment is made through payment systems, Subscription is enabled automatically.
5.4. The Licensee pays the issued invoice by transferring to the Licensor 100% of the amount specified in invoice. Invoice is issued to Licensee upon request.
5.5. The Licensor undertakes to transfer the right to use the Software (activate the License), according to limitations specified in the License, within 5 (five) business days from date of receipt of License payment to Licensor account.
5.6. If within 10 (ten) days from License payment date the Licensor does not receive from Licensee a written claim related to scope of granted rights, then the non-exclusive right to use the Software is considered granted to Licensee in full and properly.
5.7. The Licensee has the right to refuse use of the Software and demand return of 100% of amount paid under this Agreement within 5 (five) days from License payment date. After expiry of said period, refund is not made.
6. LICENSE EXPANSION
6.1. To add new Options to the License, the Licensee must purchase a new License.
6.2. License expansion is performed according to the Plan effective at the time of expansion.
7. LIABILITY OF THE PARTIES
7.1. For non-fulfillment or improper fulfillment of this Agreement, the Parties bear liability according to legislation of the Russian Federation.
7.2. The Licensor does not reimburse Licensee and/or third parties for damages incurred in connection with use and/or inability to use the Software, disclosure of information to third parties in connection with Software use, and other damages directly or indirectly related to use and/or inability to use the Software, including (without limitation) lost profits.
7.3. The Licensee bears responsibility for compliance with applicable law of information transmitted by Licensee using the Software. In case third-party claims are made to Licensor related to content of transmitted information, Licensee independently and at own expense undertakes to settle such claims, and also reimburse Licensor for caused damages.
7.4. In case violations of applicable law are discovered and relevant orders exist from law enforcement and other authorized state bodies and officials, Licensor reserves the right to restrict Licensee access to Software by sending Licensee corresponding written notice.
7.5. The Licensee uses the Software at its own risk. The Software is provided "as is". The Licensor assumes no responsibility, including for Software suitability for Licensee purposes.
7.6. Any information and/or materials (including downloadable software, files, letters, any instructions and action guides, etc.) access to which Licensee obtains using the Software may be used by Licensee at own risk, and Licensee independently bears responsibility for possible consequences of using such information and/or materials, including damage this may cause to Licensee computer and/or third parties, data loss, or any other harm.
7.7. If Licensee performs spam mailing or carries out other actions for purpose of spam using Licensor Software and/or its tools, Licensor reserves the right unilaterally and without prior notice to terminate this Agreement with Licensee. License remuneration under this Agreement for unused period is not refunded.
7.8. Under any circumstances, Licensor liability in accordance with Article 15 of the Civil Code of the Russian Federation is limited to 10,000 (ten thousand) RUB and is imposed only if there is fault in Licensor actions.
8. TERM, AMENDMENT, AND TERMINATION OF THE AGREEMENT
8.1. This Agreement enters into force from moment Licensee accepts Agreement terms and is valid during term established by purchased License. When purchasing a new License, this Agreement is automatically prolonged for a new term under terms of newly purchased License.
8.2. The Parties may terminate this Agreement by mutual consent or on grounds provided by legislation of the Russian Federation.
8.3. The Licensor has the right to make changes to Agreement terms by publishing a new Agreement text on Licensor Website.
8.4. In case Licensee violates Agreement terms, Licensor has right to terminate Agreement early and immediately block server access without prior notice to Licensee.
9. PERSONAL DATA PROCESSING
9.1. Conclusion of this Agreement is treated by the Parties as an instruction by the Licensee to another person to process personal data as provided by Part 3 Article 6 of Federal Law dated 27 July 2006 No. 152-FZ "On Personal Data".
9.2. Purposes of personal data processing under this instruction are: enabling interaction between the Licensee and visitors of Licensee website(s) and/or messengers using the Software.
9.3. The Licensee instructs the Licensor to carry out the following actions (operations) with personal data performed using automation tools (automated processing): collection, recording, systematization, accumulation, storage, updating (modification) after changes introduced by Licensee, retrieval, use, transfer (provision, access), blocking, deletion, destruction.
9.4. Content and list of processed personal data of Licensee website visitor(s): surname, first name, patronymic; information about visited pages on Licensee websites on internet where web chat is installed; email address; phone number. Content and list of processed personal data of Licensee employees: surname, first name, patronymic; position; email address; phone number.
9.5. The Licensor is permitted to transfer (provide, give access to) the personal data indicated above to Yandex.Cloud LLC, registered at: 119021, Moscow, Lev Tolstoy St., 16, premises 528, for system administration purposes.
9.6. The Licensee guarantees:
9.6.1. that when processing personal data, all rights of personal data subjects provided by applicable legislation of the Russian Federation in the field of personal data protection have been observed.
9.7. The Licensor guarantees:
9.7.1. To maintain confidentiality of personal data processed under this instruction and ensure security of such personal data during processing.
9.7.2. To comply with requirements provided by Part 5 Article 18 and Article 18.1 of Federal Law dated 27 July 2006 No. 152-FZ "On Personal Data".
9.7.3. Upon Licensee request, during instruction term, including prior to personal data processing, to provide documents and other information confirming implementation of measures and compliance for purpose of executing instruction with requirements established under Article 6 of Federal Law dated 27 July 2006 No. 152-FZ "On Personal Data".
9.7.4. To notify the Licensee about cases provided by Part 3.1 Article 21 of Federal Law dated 27 July 2006 No. 152-FZ "On Personal Data" within 1 (one) business day from incident detection.
9.7.5. In accordance with Article 19 of Federal Law dated 27 July 2006 No. 152-FZ "On Personal Data", necessary organizational and technical measures have been taken for protection of personal data used under this instruction from unlawful or accidental access, destruction, alteration, blocking, copying, dissemination of personal data, and from other unlawful actions with regard to personal data, in particular:
9.7.6. When processing personal data under this Agreement, Licensor has ensured compliance with requirements for level 3 security of personal data established by Decree of Government of the Russian Federation dated 1 November 2012 No. 1119 "On approval of requirements for protection of personal data during processing in personal data information systems" and Order of Federal Service for Technical and Export Control dated 18 February 2013 No. 21 "On approval of composition and content of organizational and technical measures to ensure personal data security during processing in personal data information systems".
9.8. For purpose of observing rights of personal data subject provided by Federal Law dated 27 July 2006 No. 152-FZ "On Personal Data", the Parties agreed to establish the following interaction procedure upon Licensor receiving a request containing withdrawal of personal data subject consent for personal data processing. Licensor within 3 (three) business days from receipt undertakes to notify Licensee of receipt of such request.
9.9. In case Licensee sends request for deletion of all transferred or specific personal data, Licensor undertakes to delete such personal data within 3 (three) days.
9.10. In case Licensee sends request for confirmation of deletion by Licensor of all transferred or specific personal data, Licensor undertakes to send confirmation of deletion within 10 (ten) business days.
9.11. The Licensor is granted the right to conclude sub-processing instruction agreements for processing personal data of Licensee employees and Licensee website visitor(s) with third parties on behalf of Licensee, for organizing informational and marketing mailings to Licensee employees, as well as for administration and storage of personal data of Licensee employees and Licensee website visitor(s) in the system.
9.12. The Licensee guarantees obtaining consent from employees and website visitor(s) of Licensee for transfer of their personal data to third parties to whom sub-processing instruction will be given for purposes specified in clause 9.11.
10. FORCE MAJEURE
10.1. The Parties are released from liability for full or partial non-fulfillment of obligations under this Agreement if such non-fulfillment resulted from force majeure circumstances, namely: DDoS attacks, fire, flood, earthquake, sabotage, military actions, or change in legislation, if these circumstances directly affected performance of obligations under this Agreement. In this case, term of obligations performance under this Agreement is extended proportionally to period during which such circumstances were in effect.
10.2. The Licensor must within ten days by email specified during registration notify the Licensee about start and end of force majeure circumstances preventing fulfillment of obligations under this Agreement.
10.3. The Licensee must within ten days by email notify the Licensor about start and end of force majeure circumstances preventing fulfillment of obligations under this Agreement.
10.4. If force majeure circumstances cause impossibility of full or partial fulfillment of obligations under this Agreement for more than 3 (three) consecutive months, each Party has right to terminate this Agreement unilaterally out of court by sending notice to other Party 15 (fifteen) calendar days before expected Agreement termination date.
11. ANTI-CORRUPTION CLAUSE
11.1. Upon conclusion, execution, amendment, and termination of this Agreement, the Parties assume the following obligations:
11.1.1. The Parties, their employees, authorized representatives under this Agreement do not offer, do not promise, do not demand, do not authorize provision, do not provide any money, securities, other property, do not render property-related services, do not perform work, do not provide any property rights, directly or indirectly, personally or through intermediaries, to any persons to influence actions (inaction) and/or decisions of these and/or other persons for purpose of obtaining any benefits (advantages) or achieving other goals.
11.1.2. The Parties, their employees, authorized representatives under this Agreement do not carry out actions (inaction) qualified by legislation of the Russian Federation as giving/receiving bribe, commercial bribery, mediation in bribery/commercial bribery, abuse of authority, unlawful remuneration on behalf of legal entity, as well as other actions (inaction) violating requirements of legislation of the Russian Federation and applicable international anti-corruption standards.
11.1.3. The Parties (i) notify each other of circumstances known to them that are or may become grounds for conflict of interest; (ii) refrain from actions (inaction) causing or creating threat of conflict of interest; (iii) provide other assistance to each other for purpose of identifying, preventing, and suppressing corruption offenses and conflicts of interest within and in connection with relations of Parties under this Agreement.
11.2. Provisions of clause 11.1 of this Agreement apply to relations that arose before its conclusion but are related to conclusion of this Agreement.
11.3. If a Party obtains information about actual or possible violation by other Party, its employees, representatives under this Agreement of any provisions of clauses 11.1.1-11.1.3 of this Agreement (hereinafter Corruption-Oriented Violation), such Party undertakes to immediately notify the other Party in writing thereof. Such notice must contain indication of Agreement details, description of factual circumstances related to Corruption-Oriented Violation that formed basis for sending notice. Supporting documents and/or materials must be attached to notice.
11.4. Party receiving notice ensures its confidential review and sends reasoned response to other Party within 30 (thirty) calendar days from date of receiving notice. In case of disagreement by receiving Party with circumstances related to Corruption-Oriented Violation set out in notice that formed basis for sending notice and/or supporting documents and/or materials, in its response it must provide objections regarding sent information about Corruption-Oriented Violation.
11.5. In cases of receiving by Party from other Party a response confirming Corruption-Oriented Violation, or absence in response received by Party from other Party of objections regarding sent information about Corruption-Oriented Violation, Party has right to terminate this Agreement unilaterally out of court by sending written notice of termination.
11.6. This Agreement is considered terminated upon expiry of 10 (ten) calendar days from date of receiving by other Party of corresponding written notice of Agreement termination.
12. FINAL PROVISIONS
12.1. If any term or provision of this Agreement is recognized by any court or administrative authority of competent jurisdiction as invalid or unenforceable, this will not affect validity or enforceability of any other provisions or terms of this Agreement, which remain fully valid thereafter unless otherwise provided by legislation of the Russian Federation.
12.2. Everything not regulated by this Agreement is regulated in accordance with legislation of the Russian Federation.
12.3. By accepting terms of this Agreement, the Licensee gives consent to receive informational mailings to email addresses and phone numbers specified during registration on website and in Software.
12.4. Terms of this Agreement apply unless otherwise established by written agreement of the parties.
13. LICENSOR DETAILS
Individual Entrepreneur Demidov Evgeny Vladimirovich
TIN: 771471529305 OGRNIP: 325774600699146
Email: support@zdorovyak.com
Telegram: @DemidovEvgeny
[ Khimki Business Park, Khimki, Leningradskaya St., possession 39, building 6 ]