Public offer

General provisions

This Public Offer (the "Offer") contains the terms for concluding a service agreement (the "Agreement") between the Provider and the Customer.

This document is an official proposal by the Provider addressed to an indefinite number of persons to conclude the Agreement on the terms set out below, in accordance with Article 437 of the Civil Code of the Russian Federation.

Acceptance of the Offer means full and unconditional acceptance of its terms by performing the actions specified in the sections "Subject of the Agreement" and "Price and payment procedure". The Agreement is deemed concluded from the moment of acceptance.

A Customer who is a consumer within the meaning of the Law of the Russian Federation "On Protection of Consumer Rights" enjoys the rights granted by the legislation of the Russian Federation. This Offer does not limit the scope of such rights.

Terms and definitions

Provider — Самозанятый Кулаков Кирилл Дмитриевич, applying the special tax regime "Tax on Professional Income" (NPD), TIN (INN) 710406098539, registered in the NPD taxpayer registry No. 108617443.

Customer — a capable individual aged 18 or older who has accepted this Offer.

Website — the Provider's information resource on the Internet at https://diarynchy.com and *.diarynchy.com subdomains, including the Diarynchy web application.

Service — the Diarynchy software and hardware complex — an online diary with artificial intelligence features for keeping entries and analyzing emotional state. The Service is not medical, psychological, or other licensed care.

Services — providing the Customer with remote access to Service functionality within the selected plan for the paid period.

Plan — a set of Service features (Free, Pro, Elite) and access terms described in Appendix No. 1 to this Offer and on the pricing page.

Subscription — paid access to the Service under Pro or Elite plans for 1 (one) calendar month or 12 (twelve) months from the activation date, depending on the option chosen by the Customer at payment.

Account — the Customer's account on the Website.

Conclusive actions — actions expressing agreement with the Offer terms, including registration, subscription checkout, payment, and use of paid functionality.

Agreement — this Offer with Appendix No. 1, accepted by the Customer.

Subject of the Agreement

The Provider undertakes to grant the Customer access to the Service, and the Customer undertakes to pay for the Services in the amount, manner, and within the time limits established by this Agreement (for paid plans).

The name, scope, term, and other conditions of the Services are determined by the selected Plan (Appendix No. 1), information on the Website at subscription checkout, and the Terms of Use (a separate document on the Website).

Terms of Use

The Agreement is concluded by acceptance of the Offer, expressed through:

• registration of an account on the Website (if required);
• subscription checkout and Plan selection;
• payment for Services through the Robokassa payment service (for paid plans);
• checking the box agreeing to the Offer, the Personal Data Processing Policy, and, when paying for paid access, consent to immediate commencement of Services (if applicable).

The list is non-exhaustive: other actions that clearly express intent to conclude the Agreement are also considered acceptance.

The Free plan is provided without charge under the terms indicated on the Website; acceptance of the Offer upon registration applies to free use to the extent that does not require payment.

Rights and obligations of the parties

Price and payment procedure

The cost of paid Services and the composition of Plans are determined on the Website, including on https://diarynchy.com/pricing, and/or in the subscription checkout interface at the time of payment. The Provider is not a VAT payer.

Payment is made cashlessly in Russian rubles through the Robokassa payment service. The Customer's payment obligation is deemed fulfilled from the moment the payment service confirms successful payment.

Access under a paid Plan is activated after payment confirmation, usually within 24 hours from crediting of funds, unless another term is indicated on the Website.

Automatic renewal (recurring charges) applies only if the Customer has explicitly agreed to it in the payment interface and such option is available on the Website. Without auto-renewal, upon expiry of the paid period access reverts to the Free plan or is restricted, unless otherwise indicated on the Website.

Plans and prices: pricing page.

Refunds, refusal of Services, and claims

The Customer may send a claim to the Provider's email address specified in the section "Provider details". The claim review period is 10 (ten) calendar days from receipt, unless another period is established by law.

Pre-trial dispute resolution is mandatory. Disputes are subject to court review in accordance with the legislation of the Russian Federation, including the consumer's right to choose jurisdiction.

If the Customer refuses Services on grounds provided by law, or upon early termination of a paid Subscription at the Customer's initiative (unless otherwise required by mandatory norms), a refund of amounts paid for the unprovided portion of Services is made proportionally to the number of unused calendar days of the paid Subscription period.

The refund amount is calculated as: payment amount × (number of unused full and partial calendar days of the period / total number of calendar days of the paid period). Payment system fees are withheld to the extent permitted by law and the payment service rules.

Refunds are made by the same method used for payment, or another method agreed with the Customer, within up to 10 (ten) business days from the decision to refund, unless another period is established by law.

For distance selling of services, the Customer may refuse the Agreement within 14 (fourteen) days under Article 26.1 of the Law "On Protection of Consumer Rights", unless otherwise provided by law. If Services begin before expiry of that period with the Customer's explicit consent (a separate checkbox at payment), the right of refusal may be limited to the extent directly provided by law; a refund for the actually unprovided portion remains possible under this section.

Personal data and confidentiality

Personal data processing is carried out in accordance with Federal Law No. 152-FZ and the Personal Data Processing Policy posted on the Website.

The Customer's diary entries, account data, and other information obtained when providing Services are treated as confidential, except when disclosure is required by law or necessary to provide Services (including transfer of anonymized or necessary text fragments to AI technology providers under the Terms of Use).

Personal data processing policy: https://diarynchy.com/personal-data-policy. Terms of Use: https://diarynchy.com/terms-of-use.

Force majeure

The parties are released from liability for failure to perform obligations caused by force majeure: prohibitive acts of authorities, epidemics, blockade, embargo, natural disasters, and other extraordinary circumstances.

The party affected by such circumstances notifies the other party within a reasonable time. Confirmation is provided by a document of the authorized body.

If the circumstances last more than 60 (sixty) business days, each party may unilaterally terminate the Agreement.

Liability of the parties

The parties are liable in accordance with the legislation of the Russian Federation and this Offer.

The Provider is not liable for failure to perform obligations due to the Customer's fault, Internet network failures, the Customer's equipment, or third parties outside the Provider's control.

The Service is provided with limitations and disclaimers set out in the Terms of Use (including during beta testing and AI use). The Provider's aggregate liability under the Agreement is limited to the amount of the Customer's payment for the last paid Subscription period, except where law establishes otherwise.

A party that breaches obligations compensates the other party for direct damages caused, to the extent permitted by law.

Term of the Offer and amendment of terms

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

The Provider may amend the Offer by publishing a new version on the Website. Changes regarding an already paid Subscription period do not apply without the Customer's consent, except when changes are made to comply with law or improve the Customer's position.

To continue using paid Services after publication of a new version, the Customer must review the changes. If the Customer disagrees, they may refuse renewal and request a refund under the "Refunds" section.

The Agreement is effective from acceptance until full performance of obligations by the parties.

Additional terms

The Agreement is governed by the substantive law of the Russian Federation.

The parties seek to resolve disputes amicably before going to court.

The language of the Agreement and correspondence between the parties is Russian.

Links to third-party sites on the Website are for information only; the Provider does not control their content and is not liable for harm from their use.

Inaction by a party in case of breach does not waive the right to protect interests later.

Provider details

Provider:

Самозанятый Кулаков Кирилл Дмитриевич

TIN (INN):

710406098539

NPD registry:

No. 108617443

OGRN / OGRNIP:

not applicable

Address:

300034, г. Тула, ул. Дм. Ульянова, д. 2, кв. 246

Phone:

+7 (910) 701-86-99

E-mail:

k.kulakov@diarynchy.com

Website:

https://diarynchy.com

Appendix No. 1. Plans and functionality

Current prices are published on the pricing page. Below is a description of access tiers; specific limits and features may be clarified on the Website without changing the Plan name.

Current prices: https://diarynchy.com/pricing. Payment and refund questions: k.kulakov@diarynchy.com, +7 (910) 701-86-99.