Terms of Service

Public offer

 

1. General Provisions

1.1. This public offer is an offer of Enbrig OÜ (hereinafter referred to as the Contractor) to conclude an agreement on the conditions specified in this offer with any legally capable and capable individual who has reached the age of 18, who fully and unconditionally accepts these conditions. After accepting the conditions set out below and starting to use the Service, the person who accepts this offer becomes the Customer.

1.2. Full and unconditional acceptance of this public offer is the fact of starting to use the Service and registering on the Service.

1.3. A public contract made in the above-described manner is considered concluded in a simple written form, does not require execution on paper and has full legal force.

1.4. From the moment of acceptance, the Customer is considered to have read and agreed with this public offer, is considered to have entered into a contractual relationship with the Contractor in accordance with the terms of the Agreement.

1.5. The Contractor has the right at any time to change the terms of service and the terms of the Agreement unilaterally without prior agreement with the Customer, while ensuring the publication of the amended terms on the Service at least one day before their entry into force.

2. Terms and definitions

For the purposes of the Agreement, the Parties agreed to use the following terms and definitions:

2.1. "Service" - a specialized online platform (software package) called "Stillfy" located on the information and telecommunications network Internet at https://stillfy.com, https://ru.stillfy.com and Stillfy mobile applications for iOS and Android that allows you to choose a Psychologist from among the proposed specialists, as well as conduct Consultations between the Psychologist and the Customer.

2.2. "Consultation" is a video or text online consultation on the Service, of which the Psychologist and the Customer are a participant, on the basis of their account through their Personal Account, the duration of which is set by the Customer or the Psychologist independently, but cannot be less than 10 (ten) minutes.

2.3. "Client" or "Customer" - an individual with full legal capacity and legal capacity, who has reached the age of 18, who has applied to a Psychologist through the Service and is a Customer in accordance with this Agreement. The concepts Client and Customer are equivalent.

2.4. "Psychologist" - an individual with full legal capacity and legal capacity, who has reached the age of 18, has a higher education or has undergone retraining in the field of psychology, who provides assistance and advice to Clients on various issues (emotional, personal, social, etc.) through the Service , without prescribing medical prescriptions.

2.5. "Personal Account" - the Customer's personal page on the Service, access to which is provided to the Customer after registration. The login to enter the Personal Account is the Customer's phone number (hereinafter referred to as "login"), and the password is a one-time password automatically generated by the Service, which is sent to the Customer's phone number every time you enter the Service (hereinafter referred to as the "password"). The personal account contains a questionnaire that must be filled out by the Customer.

3. Subject of the Agreement

3.1. The subject of the Agreement is the provision by the Contractor to the Customer of access to the functionality of the Service, which allows the selection of a Psychologist, as well as consultations with a Psychologist on the issue of individual psychological work with the Customer (hereinafter referred to as the "Services"). At the same time, the services of conducting Consultations are provided to the Customer directly by the Psychologist, and the Contractor only provides the technical ability to conduct such a Consultation.

3.1.1. The Customer grants the Contractor the right to use the Customer's feedback for research and improve the quality of the Service, the Consultations, analysis of the feasibility and quality of the practical approaches and consulting methods used. The specified use will not constitute a violation of the privacy terms.

3.2. Content of the Services:

3.2.1. Providing the Customer with a choice of the most suitable Psychologists for solving the Customer's questions, based on the results of the initial analysis of the psychological state of the Customer. The Customer has the right to choose another Psychologist from the entire base of specialists offered on the Service.

3.2.2. Providing unrestricted access to the Personal Account, maintaining a schedule of appointments for consultations.

3.2.3. Providing the technical ability to conduct consultations.

3.3. Neither the Contractor nor the Psychologist provide medical services, do not issue any certificates or prescriptions, and do not prescribe medications. The Contractor and the Psychologist are not engaged in medical or any other medical practice.

3.4. The Customer fully understands that the Contractor under no circumstances can and is not responsible for the result of the Consultations.

3.5. The customer is fully aware that the Contractor can at any moment to refuse to provide the Services, in case of violation by the Customer of the terms of this Agreement, as well as in any other cases, including without giving reasons.

3.6. In the event that the Customer misses the Consultation according to the schedule established with the Psychologist, the money paid for the consultation with the Psychologist shall not be refunded to the Customer.

3.7. If the consultation did not take place due to the fault of the Psychologist and / or the Psychologist notified the Customer of the cancellation or postponement of the consultation in less than 12 hours, then, at the discretion of the Customer, the amount paid for the consultation is either subject to return to the Customer, or is counted towards the payment of the next consultations.

3.8. If the Customer is late for the appointed consultation, the time of the Consultation is not extended, if the Psychologist is late for the Consultation, the time of the Consultation is extended for the period of the Psychologist's delay.

3.9. A feature of the fulfillment of contractual obligations is the lack of a guaranteed result, since the beneficial effect depends not only on the professionalism of the Psychologist, but also on the personal qualities of the Client.

3.10. To use the Service, the Customer must provide the following equipment:

desktop / laptop:

o video camera, built-in or external;

o microphone, built-in or external;

o Chrome browser is not lower than 81.0.4044.138;

or mobile device:

o running iOS version 14.5.x and higher and Safari browser;

o running Android version 7.x and higher and the mobile version of the Chrome browser is at least 81.0.4044.138;

stable Internet channel with incoming and outgoing speed of at least 4 megabits per second in each direction.

3.11. The Service is provided "as is" and "as available", that is, without any direct or indirect representations or warranties. The Contractor does not guarantee and does not make any statements regarding the security of the Service. The customer confirms that any information transmitted through the Service can be intercepted during transmission or otherwise. The Contractor does not guarantee that the Service does not contain viruses or other harmful elements. The use of the Service is carried out by the Customer at his own discretion and at his own risk, provided that the Customer is solely responsible for any damage caused to the Customer's computer system, for loss of data or other damage caused as a result of such activities.

4. Rights and obligations of the Contractor

4.1. The contractor is obliged:

4.1.1. Properly provide the Services under this Agreement.

4.1.2. Proceed with the provision of the Services immediately after the registration of the Customer on the Service and the initial filling in of the questionnaire by the Customer in the Personal Account. The date of commencement of the provision of the Services may be postponed for an appropriate period in the event that the impossibility of starting the provision of the Services is due to non-fulfillment / improper fulfillment by the Customer of his obligations under the Agreement.

4.1.3. Provide Services for a period of time determined by the Parties when concluding this Agreement, the schedule of the Consultations is agreed between the Client and the Psychologist.

4.1.4. Give the Customer, if necessary, clarifications on the use of the Service.

4.1.5. Consultations and communication between the Client and the Psychologist through the Service takes place privately, Consultations are confidential and not subject to disclosure to third parties, including the Contractor's employees. The Contractor does not record the Consultations, does not store the records of the Consultations and does not process them.

At the same time, the Contractor has the right to process and publish anonymized data of the Customer, such as gender, age, profession, emotional state and others, for the purpose of analysis, revision, changes to the Service, as well as posting statistical data on the information and telecommunications network "Internet", at conferences, providing analytics to third parties, and the Customer gives his consent to this.

4.1.6. The Services are considered to be rendered properly and accepted by the Customer if, within 2 (two) days after the end of the provision of the Services, the Contractor has not received written motivated objections from the Customer.

4.2. Contractor's rights:

4.2.1. Independently determine the ways and methods of providing the Services without prior agreement with the Customer.

4.2.2. Require the Customer to provide information about its current state by filling out a questionnaire in the Personal Account, or, if necessary, upon request.

4.2.3. The Contractor has the right to refuse to provide the Services without sending a corresponding notification to the Customer if the Customer does not fill out the questionnaire in the Personal Account or in other cases, including without giving reasons.

5. Rights and obligations of the Customer

5.1. The customer is obliged:

5.1.1. Provide the Contractor upon request, as well as by filling out a questionnaire in the Personal Account, reliable information and data necessary for the provision of the Services. When concluding the Agreement, the Customer is obliged to register on the Service, gain access to the Personal Account, and perform the initial filling of the questionnaire posted therein.

5.1.2. Observe schedule of Consultations, posted in the Personal Account and agreed with the Psychologist, should be notified of any change at least 12 hours before the appointed time of the Consultation.

5.1.3. Not to reproduce, copy, distribute, or use in any other way, for any purpose, the contents of the Service, except for personal use under this Agreement.

5.1.4. Do not take actions to place advertising information on the Service, as well as any illegal, defamatory, threatening messages or messages that are contrary to the law.

5.1.5. Do not transfer the login and password to your Personal Account to any third parties, strive to ensure the secrecy of the specified login and password. In case of non-observance of the specified condition (including cases of leakage of information about the login and password against the will of the Customer), the Contractor shall not be liable for the provision of the Services to the person who in any way obtained the Customer's login and password, for disclosing the Customer's confidential data and is not obliged to compensate for the damage to the Customer, caused by such a violation.

5.1.6. Not to carry out campaigning and incitement of the Psychologist to provide services directly to the Customer without using the Service, not to post information on the Service that in any way discredits the Contractor and / or information that does not correspond to reality. To inform the Contractor about any cases of the Psychologist's attempt to take the Consultation out of the Service.

5.1.7. Immediately notify the Contractor about cases of loss or theft of the login and / or password to the Customer's Personal Account.

5.1.8. Immediately notify the Contractor and / or the Psychologist about the presence of suicidal thoughts and / or intentions, about attempted suicide attempts, as well as about any other, different from normal, physical or mental conditions.

5.1.9. Attend the Consultation in your right mind, do not smoke, do not take alcohol during the Consultation, do not leave it before the established time, without a valid reason, and also do not conduct Consultations in a state of alcoholic and / or drug intoxication or under the influence of drugs, except in cases the appointment of such drugs by the attending physician of the Customer, about which the Customer must notify the Psychologist; inform the Psychologist about changes in the following aspects of his life: work, education, relationships with parents, relatives, close friends, husband (wife), partners; inform the Psychologist about changes in your physical and psychological well-being.

5.2. Customer rights:

5.2.1. Require the Contractor to properly provide the Services.

5.2.2. Receive, if necessary, advice from the Contractor regarding the capabilities of the Service.

5.2.3. Choose a Psychologist from those offered on the Service and submit for discussion, within the framework of the Consultation, any problem of interest to the Customer.

5.2.4. Unilaterally refuse the Services and terminate the Agreement by sending an appropriate notification to the Contractor by e-mail [email protected] or by clicking the "Delete Account" button in the Personal Account, as a result of which the Contractor blocks the Customer and deletes records for future Consultations. In the event of such a refusal, the Agreement will be considered terminated from the day following the day of receipt of such notification by the Contractor.

5.2.5. Change the Psychologist at any stage, the number of such replacements is not limited by the Service.

5.2.6. Leave a review about the Psychologist.

6. Financial conditions

6.1. The Customer does not pay for the use of the Service, however, certain functions of the Service may be paid. The Customer pays for such functions through the payment systems offered on the Service. Payments for Consultations are made directly between the Customer and the Psychologist, the Contractor is not a party to such calculations.

At the same time, the use by the parties of a certain settlement system may be associated with the conclusion of a separate agreement by the said persons regulating the use of the corresponding settlement system and the conclusion of which is a prerequisite for making settlements in this way and in this manner.

7. Warranties and liability

7.1. The contractor does not provide medical services. Information about the health of the Customer is accepted solely from the words of the Customer, as well as by filling out a questionnaire in the Personal Account. The customer is personally responsible for the accuracy of information about his health.

7.2. The personal data of the Customer cannot be provided by the Contractor to third parties without the consent of the Customer.

7.3. The Customer understands that the Services are intended for relatively healthy people who do not have health problems (both physical and psychological) that threaten the life of the Customer or other persons. The customer confirms and guarantees that he will immediately notify the Psychologist of any changes in mental and physical conditions.

7.5. The Contractor is not responsible for the failure of the Customer to achieve the expected results, or the inconsistency of the result obtained with the expectations a customer.

7.6. In case of violation by the Customer of clause 5.1.5., Clause 5.1.6. and paragraph 5.1.7. Of the Agreement, the Contractor has the right to unilaterally terminate the Agreement without sending a corresponding notification to the Customer.

7.7. The Contractor's liability for any claims or claims related to the implementation of this Agreement is limited to the amount specified in clause 6.1. of this Agreement and may not exceed the amounts actually paid to the Contractor for the services rendered in accordance with this Agreement or actual damage caused by the Contractor to the Customer, depending on which of these amounts is less. This limitation does not apply if the Estonian legislation provides otherwise.

7.8. The Client's dissatisfaction with the results of the Psychologist's activities, the discrepancy between the result of psychological assistance and his expectations is not a reason for bringing the Contractor or the Psychologist to responsibility for the inadequate quality of the services provided, since psychotherapeutic assistance does not have established standards for correct implementation.

8. Circumstances of force majeure (force majeure)

8.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if such failure became impossible due to force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events, including the following circumstances (but not limited to them):

(a) war, military action (whether war is declared or not), invasion, surprise military attack, action by an enemy army, nation or enemy;

(b) riot, uprising against the legitimate government, civil unrest, riots, uprising, organized armed resistance to the government, military coup, civil war, exercises to prevent terrorist acts, mass riots in crowded places;

(c) flood, fire, arson, earthquake, storm, lightning strike, landslide (landslide) or other natural disasters;

(d) epidemic, illness, death, raid, sabotage, crime, explosion, terrorist actions of any nature;

(e) public officials speaking, announcing mourning days, issuing urgent messages or other events that change the media program / release;

(f) the adoption of acts of state or municipal authorities and administration, which impede the execution of the Agreement;

(g) the occurrence of a technical failure in telecommunications and / or energy networks of public use, the action of malicious programs, as well as unfair actions of third parties, expressed in actions aimed at unauthorized access and / or disabling a software and / or hardware complex or an attack another similar event.

8.2. A Party affected by force majeure must notify the other Party in writing within three (3) working days, if possible, as soon as possible, providing confirmation of the existence of force majeure circumstances issued by the competent state or administrative authority.

In the event of force majeure circumstances, the period for the Parties to fulfill their obligations under this Agreement shall be postponed in proportion to the duration of the force majeure circumstances.

If the force majeure circumstances continue for more than one (1) month, then each of the Parties has the right to refuse further fulfillment of obligations under this Agreement, provided that the other Party is reimbursed for the actual costs incurred.

9. Confidentiality, protection and receipt of information

9.1. By providing his personal data when registering on the Service, the Customer gives the Contractor his consent to the processing and use of his personal data in various ways for the purposes specified in this Agreement.

9.2. The Contractor uses the Customer's personal data for the following purposes: registering the Customer on the Service, receiving the Services by the Customer, conducting Consultations with a Psychologist and other purposes provided for in this Agreement. The Customer understands that the data left by him during registration will be posted in the public domain on the Service and will be available to Psychologists.

9.3. By providing his personal data to the Contractor, the Customer agrees to their processing by the Contractor, including for the purpose of fulfilling the Contractor's obligations to the Customer under this Agreement, promoting The Contractor of the Services, sending informational electronic and SMS messages, customer support, quality control of the Services provided by the Contractor.

9.4. Revocation of consent to the processing of personal data is carried out by the Customer by revoking the acceptance of this public offer, by sending a corresponding application to the Contractor's email address: [email protected]

9.5. Contractor, when processing personal data of the Customer, undertakes to take all measures provided for by the current legislation to protect them from unauthorized access.

9.6. The Contractor guarantees that the personal data of the Customer cannot be transferred to other persons.

9.7. The Contractor has the right to use the "cookies" technology. Cookies do not contain confidential information. The customer hereby consents to the collection, analysis and use of cookies, including by third parties for the purpose of generating statistics and optimizing advertising messages. The Contractor receives information about the IP-address of the Service visitor. This information is not used to identify the visitor. The Contractor is not responsible for the information provided by the Customer on the Service in a public form.

9.8. The Customer agrees to receive, and the Contractor has the right to send informational messages, including advertising, to the Customer's e-mail and mobile phone. The customer has the right to refuse to receive advertising and other information without explaining the reasons for the refusal by informing the Contractor about his refusal by sending a corresponding application to the Contractor's email address: [email protected] Service messages informing the Customer about the Consultations, messages with a password or other service and functional messages are sent automatically and cannot be rejected by the Customer.

10. Rights to the results of intellectual activity

10.1. The exclusive rights to the Service belong to the Contractor.

10.2. The Customer has the right to use the Service exclusively for personal non-commercial purposes in accordance with the terms of the Agreement.

11. Final provisions

11.1. The contract is a complete agreement between the Contractor and the Customer.

11.2. Issues not regulated by this Agreement are regulated in accordance with the current Estonian legislation.

11.3. All disputes and disagreements arising from or in connection with the Agreement are resolved, if possible, through negotiations between the parties. If the parties do not come to an agreement, the disputes are considered in accordance with the procedure established by the current Estonian legislation in the court of the city of Tallinn. Compliance with the claim procedure for resolving disputes is mandatory for the Parties, while the response to the claim should not exceed 14 (fourteen) calendar days from the date of its receipt.

11.4. The contract comes into force from the moment the Customer accepts this public offer and is valid until the Parties fully fulfill their obligations.

12. Details of the Contractor:

Enbrig OÜ

Address: Sepapaja 6, Estonia, 15551, Tallinn

Registry code: 16183190

VAT number: EE102378180

Tel. +3726347359

EUR Account: EE237700771006600212

BIC / SWIFT: LHVBEE22

Bank Address: AS LHV Pank, Tartu mnt 2, 10145 Tallinn

Web: https://stillfy.com

Tel: [email protected]