Public Offer Agreement

For the provision of information and consulting services in the field of healthy lifestyle · Edition dated January 5, 2025 · Читать по-русски →

Translation notice. This is a courtesy English translation. The legally binding version is the Russian Договор-оферта; in case of any discrepancy or conflict, the Russian text prevails. The Agreement is governed by the laws of the Russian Federation.

By accepting this offer, you confirm that you have been informed and unconditionally agree to the following:

• The Contractor's services ARE NOT medical services. Information and consulting services in the field of healthy lifestyle do not have the status of medical care, medical consultation, or medical intervention within the meaning of Federal Law No. 323-FZ of 21.11.2011 "On the Fundamentals of Health Care for Citizens in the Russian Federation".
• The information and recommendations provided by the Contractor are not a diagnosis, a treatment plan, or recommendations for medical intervention, prevention, or rehabilitation of diseases.
• The Contractor does not make medical diagnoses or prescribe medications or medical devices.
• For health-related issues, the Customer is recommended to consult a qualified physician or other medical specialist.

1.Terms and Definitions

1.1. For the purposes of this Agreement, the terms below have the following meanings:

• "Offer" — this document, made publicly available on the Contractor's Website and in the description of the Contractor's Telegram channel/Telegram bot.
• "Acceptance of the offer" — full and unconditional acceptance of the terms of this offer by the Customer through any of the following actions: payment for the Contractor's services; commencement of use of the Contractor's online services (subscription to paid content, joining paid chats/channels, registration for a webinar, obtaining access to materials); marking agreement with the terms of the offer on the Website or in the bot.
• "Customer" — a capable individual who has reached the age of 18 and has accepted this offer in their own interests.
• "Contractor" — self-employed specialist Alexandra Alekhina.
• "Services" — information and consulting services in the field of healthy lifestyle, including but not limited to: online consultations, webinars, marathons, courses, nutrition and physical activity programs, checklists, guides, video materials, audio materials, text materials, participation in support chats, and other information products and services.
• "Website" — the Contractor's official online resource at https://alexa-a.ru.
• "Online services" — the set of technical tools and platforms used by the Contractor to provide Services, including: the Website, the Telegram bot, Telegram channels, WhatsApp, Zoom, and other messengers and video-conferencing platforms.
• "Information materials" ("Content") — any information posted by the Contractor in connection with the provision of Services: video recordings, audio recordings, texts, images, presentations, checklists, guides, meal plans, training plans, and other materials.
• "Personal Account" — the Customer's personal section on the Contractor's Website or platform, accessed using login credentials.
• "Tariff" — the service package selected by the Customer, with a defined set of services, term, and price.

2.Subject of the Agreement

2.1. The Contractor undertakes to provide the Customer with information and consulting services in the field of healthy lifestyle, including the provision of information, recommendations, and materials on rational nutrition, physical activity, the formation of healthy habits, and general bodily wellness, and the Customer undertakes to accept and pay for such services in accordance with the selected Tariff.

2.2. The list, content, terms, and price of the Services are set out on the Contractor's Website, in the description of the relevant information product, or in an individual offer from the Contractor.

2.3. Services are provided remotely using the Online services.

2.4. The legal regime of subscription contracts (Article 429.4 of the Civil Code of the Russian Federation) applies to the parties' relationship in respect of providing access to information materials. Services are payable upon their provision by the Contractor regardless of their actual use by the Customer.

2.5. The Contractor has the right to engage third parties to provide individual services without additional approval from the Customer.

3.Important Disclaimers and Limitations

3.1. Non-medical nature of the services

3.1.1. The Contractor does not provide medical care or medical services, including prevention, diagnosis, treatment of diseases, rehabilitation, or other forms of medical intervention within the meaning of Federal Law No. 323-FZ of 21.11.2011 "On the Fundamentals of Health Care for Citizens in the Russian Federation".

3.1.2. Any information received from the Contractor cannot be considered as: a medical diagnosis; a treatment plan; a recommendation for medical intervention; a recommendation for the prevention or rehabilitation of diseases; or the prescription of medications or medical devices.

3.1.3. The Contractor's information and recommendations are exclusively informational and educational in nature and are intended to meet the Customer's informational needs in the field of healthy lifestyle.

3.1.4. If the Customer has or suspects a medical condition, the Customer must consult a qualified physician for medical care. The Contractor is not responsible for the consequences of the Customer applying received information without consulting a physician.

3.2. Contraindications

3.2.1. The Contractor's Services are not recommended and may be contraindicated for individuals with the following conditions:

• cholelithiasis (gallstones);
• urolithiasis (kidney stones);
• peptic ulcer disease in the acute stage;
• gastritis in the acute stage;
• severe endocrine disorders (insulin-dependent diabetes mellitus, etc.);
• mental disorders (bulimia, anorexia, schizophrenia, etc.);
• neurological disorders (epilepsy, etc.);
• pregnancy and breastfeeding (for certain types of services);
• any other conditions for which a change in nutrition or physical activity may pose a health risk.

3.2.2. The Customer is solely responsible for assessing their own state of health and deciding whether to use the Services. If the Customer has any medical condition, they must first consult a physician.

3.3. No guarantee of results

3.3.1. The Contractor does not guarantee that the Customer will achieve any specific result (weight loss, improved well-being, particular health metrics, etc.), as the result depends on many factors beyond the Contractor's control: the individual characteristics of the Customer's body, the diligence with which recommendations are followed, baseline health, lifestyle, and other circumstances.

3.3.2. Decisions made on the basis of information provided by the Contractor are within the Customer's exclusive competence. The Customer assumes full responsibility and risk associated with the use of the Contractor's information and recommendations.

4.Conclusion of the Agreement and Acceptance of the Offer

4.1. This Agreement is concluded by the Customer's acceptance of the public offer.

4.2. Full and unconditional acceptance of this offer is recognized as the Customer's performance of any of the following actions:

• making payment for the Contractor's Services by any means;
• commencing use of any of the Contractor's Online services (subscription to paid content, registration in a personal account, gaining access to paid materials, joining a paid chat, starting a course/marathon, etc.);
• clicking the "Pay", "Register", "I accept the terms" or similar button;
• placing a checkmark indicating agreement with the terms of the Agreement.

4.3. The date of conclusion of the Agreement is the date of acceptance (the date of payment or the date of commencement of use of the Online services, whichever occurs first).

4.4. By accepting, the Customer confirms that:

• they have read the text of this offer and fully accept its terms;
• they are a legally capable person who has reached the age of 18;
• they have no contraindications to the use of the Services or have assumed all related risks;
• they understand that the Services are not medical;
• they consent to the processing of personal data in accordance with Section 10 of this Agreement.

4.5. The Agreement is deemed concluded in simple written form on the basis of paragraph 3 of Article 434 and paragraph 3 of Article 438 of the Civil Code of the Russian Federation.

5.Rights and Obligations of the Parties

5.1. Rights of the Contractor

5.1.1. To independently determine the content, format, methods, and timing of provision of the Services.

5.1.2. To make changes to the content of the Services, information materials, webinar schedules, and lineup of speakers without prior notice to the Customer.

5.1.3. To make unilateral changes to the terms of this offer by publishing a new edition on the Website. Changes take effect from the moment of publication and do not apply to Services already paid for.

5.1.4. To unilaterally change the price of the Services. Price changes do not apply to Services already paid for.

5.1.5. To suspend or terminate provision of Services to the Customer in the cases provided for in Section 8.5 of this Agreement, without refund.

5.1.6. To refuse provision of Services if performance is impossible, the necessary information is not received from the Customer, or the request does not match the subject matter of the Services.

5.1.7. To withhold provision of Services until payment has been received in the Contractor's account.

5.1.8. To set discounts and run promotions and special offers at the Contractor's discretion.

5.1.9. To engage third parties for the performance of obligations under the Agreement.

5.2. Obligations of the Contractor

5.2.1. To provide the Services in the scope and within the timeframe specified by the Tariff selected by the Customer.

5.2.2. To grant the Customer access to information materials after payment has been received.

5.2.3. To consult the Customer on questions related to the provision of Services through agreed communication channels.

5.2.4. To ensure the confidentiality of the Customer's personal data in accordance with the laws of the Russian Federation.

5.3. Rights of the Customer

5.3.1. To receive Services of due quality in accordance with the terms of the selected Tariff.

5.3.2. To receive information about the conditions for provision of the Services.

5.3.3. To contact the Contractor on questions related to the provision of Services through agreed communication channels.

5.3.4. To use information materials for personal purposes.

5.3.5. To withdraw from the Services in the manner provided for in Section 8 of this Agreement.

5.4. Obligations of the Customer

5.4.1. To read the terms of this offer before acceptance.

5.4.2. To pay for the Services in the manner and amount provided for in Section 6 of this Agreement.

5.4.3. To provide accurate information about themselves (contact details, information about state of health when necessary).

5.4.4. To independently ensure the technical capability to receive Services: a device with internet access, the necessary software, and a stable internet connection.

5.4.5. To independently consult a physician in the presence of any disease or contraindication before applying the Contractor's recommendations.

5.4.6. To observe the rules of conduct set out in Section 5.5 of this Agreement.

5.4.7. Not to share their access credentials with third parties.

5.4.8. To observe the provisions on intellectual property (Section 9) and confidentiality (Section 10).

5.4.9. To independently monitor changes to the terms of the offer on the Contractor's Website.

5.5. Customer rules of conduct

5.5.1. When receiving Services the Customer undertakes:

• to show respect to the Contractor, their representatives, and other Customers;
• not to use profanity or offensive language;
• not to engage in aggressive behaviour, threats, or harassment;
• not to distribute advertising or offer their own services or those of third parties without the Contractor's approval;
• not to create or take part in chats, not approved by the Contractor, intended for discussion of the Contractor and their services;
• not to spread knowingly false information about the Contractor or the Services;
• not to interfere with other Customers receiving Services;
• not to use information received in ways that harm the interests of the Contractor.

5.5.2. Violation of the rules of conduct is grounds for termination of the provision of Services without refund.

6.Price of the Services and Payment Procedure

6.1. The price of the Services is determined by the Contractor and is published on the Website, in the description of the relevant information product, or communicated to the Customer individually.

6.2. Payment for the Services is made in Russian roubles by the methods specified on the Website or communicated by the Contractor:

• by bank card via a payment system;
• by transfer to the Contractor's bank account/card;
• by other methods agreed between the parties.

6.3. Services are provided on a 100 % prepayment basis unless otherwise agreed by the parties.

6.4. The moment of payment is the moment funds arrive in the Contractor's account.

6.5. The Contractor is entitled to set discounts and special offers, information about which is published on the Website. The Customer is not entitled to demand a discount after its expiry.

6.6. Where instalment payment is provided for, access to the Services may be suspended if the Customer breaches the payment schedule.

7.Procedure for Provision of Services

7.1. Upon receipt of payment, the Contractor sends to the Customer's specified email address or messenger the information required to access the Services (link, login, password, etc.).

7.2. The service of providing access to information materials is deemed rendered at the moment the materials are placed in the Customer's personal account or the access link is sent, regardless of the actual use of the materials by the Customer.

7.3. Consultation services are deemed rendered:

• for a real-time online consultation — at the moment the consultation ends;
• for a written consultation — at the moment the response is sent to the Customer.

7.4. Webinar services are deemed rendered at the moment the webinar broadcast ends. If the Customer was not present at the webinar for any reason, the service is still deemed rendered properly.

7.5. The parties agree that no acceptance certificate for rendered services will be signed. Services are deemed accepted in good order by the Customer if, within 7 (seven) calendar days from their provision, the Customer has not sent a substantiated complaint.

7.6. The Customer is solely responsible for the confidentiality of their access credentials. The Contractor is not liable for unauthorized access to the Customer's personal account.

7.7. Access periods for information materials are determined by the conditions of the selected Tariff. Access ends automatically once the period expires.

8.Refunds and Termination of the Agreement

8.1. The Customer may withdraw from the Services at any time in accordance with Article 782 of the Civil Code of the Russian Federation and Article 32 of the Russian Federation Law "On Protection of Consumers' Rights", subject to reimbursement of the Contractor's actually incurred expenses.

8.2. Actually incurred expenses include:

• the cost of Services already rendered as of the moment of termination;
• costs of preparing personalized materials for the Customer;
• fees of payment systems;
• other costs incurred by the Contractor in connection with performance of the Agreement.

8.3. Funds are not refundable in the following cases:

• if the Customer has not made use of access to information materials for reasons not attributable to the Contractor;
• if the Customer missed a webinar, consultation, or other event;
• if the services have already been rendered in full;
• if the Agreement is terminated on the grounds set out in Section 8.5 of this Agreement.

8.4. To request a refund, the Customer sends a written application to the Contractor's email indicating: full name, the reason for withdrawing from the Services, and the refund details. The application is processed within 10 calendar days.

8.5. The Contractor is entitled to terminate the Agreement unilaterally without refund in cases of:

• the Customer's breach of the rules of conduct (Section 5.5);
• the Customer's breach of the intellectual-property provisions (Section 9);
• the Customer disseminating false information that damages the Contractor's business reputation;
• the Customer breaching payment deadlines (under instalment plans);
• the Customer organizing "group purchases" (skladchina) or distributing materials to third parties;
• any other material breach of the terms of the Agreement.

8.6. Termination on the grounds of Section 8.5 is effected by sending a notice to the Customer's email and by blocking access to the Services.

9.Intellectual Property

9.1. All information materials provided by the Contractor (video recordings, audio recordings, texts, images, presentations, methodologies, programs, etc.) are objects of intellectual property and are protected by the copyright legislation of the Russian Federation.

9.2. Exclusive rights to information materials belong to the Contractor or to other rightsholders who have granted the Contractor the right to use them.

9.3. The Customer is granted the right to use information materials solely for personal purposes not connected with entrepreneurial activity.

9.4. The Customer is prohibited from:

• copying, recording, or otherwise reproducing information materials in any way;
• distributing, transferring, selling, or gifting information materials to third parties;
• posting information materials on the Internet, social networks, or messengers;
• using information materials to create their own information products;
• sharing access credentials to the personal account or materials with third parties;
• organizing group purchases (skladchina) of the Contractor's information products.

9.5. For violations of this section the Customer is liable in accordance with the laws of the Russian Federation, including Article 146 of the Criminal Code of the Russian Federation (infringement of copyright).

9.6. If a violation is identified, the Customer undertakes:

• to immediately cease the violation;
• to delete the distributed materials;
• to pay the Contractor a fine of 500,000 (five hundred thousand) roubles for each identified instance of violation.

10.Personal Data and Confidentiality

10.1. By accepting this offer, the Customer consents to the processing of their personal data in accordance with Federal Law No. 152-FZ of 27.07.2006 "On Personal Data". The detailed processing procedure is set out in the Privacy Policy.

10.2. The Contractor processes the Customer's personal data for the following purposes:

• performance of obligations under the Agreement;
• sending informational and advertising messages (with the Customer's consent);
• improving the quality of the Services.

10.3. The Customer's personal data include: full name, email address, phone number, and other data voluntarily provided by the Customer.

10.4. The Contractor undertakes:

• not to disclose the Customer's personal data to third parties without the Customer's consent, except in cases provided for by law;
• to take organizational and technical measures to protect personal data.

10.5. The Customer may at any time withdraw consent to the processing of personal data by sending a corresponding application to the Contractor's email. In this case the Contractor may cease provision of the Services.

10.6. By accepting, the Customer consents to:

• receiving informational and advertising messages from the Contractor;
• the use of anonymized testimonials for marketing purposes (without disclosure of personal data unless otherwise agreed).

10.7. Information exchanged by the parties in the course of performance of the Agreement is confidential and is not subject to disclosure to third parties.

11.Liability of the Parties

11.1. For non-performance or improper performance of obligations under the Agreement, the parties are liable in accordance with the laws of the Russian Federation and this Agreement.

11.2. The Contractor is not liable:

11.2.1. For the result of the Services failing to match the Customer's expectations or the Customer's subjective evaluation. Such mismatch is not a basis for declaring the Services to have been rendered improperly.

11.2.2. For the Customer's failure to achieve any specific result (weight loss, improved health, etc.).

11.2.3. For the consequences of the Customer applying the Contractor's information and recommendations, including without prior consultation with a physician.

11.2.4. For the Customer's state of health and any changes therein.

11.2.5. For the inability to provide Services for reasons not attributable to the Contractor:

• technical malfunctions on the Customer's side;
• the Customer's lack of internet access;
• failures of platforms, servers, or services;
• the Contractor's emails being filtered into the "Spam" folder.

11.2.6. For the accuracy of information provided by the Customer.

11.2.7. For breach of the terms of the Agreement caused by the Customer providing inaccurate or incomplete information.

11.3. The Customer undertakes not to disseminate inaccurate information about the Contractor's Services or information that damages the Contractor's business reputation. For violation of this clause the Customer pays a fine of 500,000 (five hundred thousand) roubles for each identified instance.

11.4. The Contractor's aggregate liability for any and all claims and demands of the Customer is limited to the amount actually paid by the Customer for the Services.

12.Force Majeure

12.1. The parties are released from liability for full or partial non-performance of obligations under the Agreement if such non-performance is the result of circumstances of force majeure: fire, flood, earthquake, epidemic, pandemic, military actions, acts of terrorism, actions of state authorities, failures of the internet or energy-supply organizations, and other circumstances beyond the parties' reasonable control.

12.2. The party affected by force-majeure circumstances must notify the other party within 7 (seven) calendar days.

12.3. Upon the occurrence of force majeure, the period for performance of obligations is extended by an amount commensurate with the duration of such circumstances.

13.Dispute Resolution

13.1. All disputes and disagreements arising out of or in connection with the Agreement are resolved through negotiations.

13.2. A mandatory pre-trial (claims) procedure for dispute resolution applies. A claim is sent to the email of the other party. The period for considering a claim is 30 (thirty) calendar days.

13.3. If a dispute cannot be resolved through negotiations, it is referred for resolution to the court at the place of location (registration) of the Contractor in accordance with the laws of the Russian Federation.

14.Final Provisions

14.1. This Agreement enters into force at the moment of acceptance and is valid until the parties have fully performed their obligations.

14.2. All matters not covered by this Agreement are governed by the applicable laws of the Russian Federation.

14.3. A court declaration that any provision of the Agreement is invalid does not entail the invalidity of its other provisions.

14.4. The Customer undertakes to independently monitor changes to the terms of the offer on the Contractor's Website.

14.5. The parties recognize the legal force of electronic correspondence and documents sent by email, through messengers, and other electronic means of communication.

14.6. Messages sent to the email address or messenger phone number specified by the Customer are deemed received by the Customer at the moment of their dispatch.

15.Contractor's Details

Appendices

The following may be annexed to this Agreement:

• Appendix No. 1 — Description of Tariffs and prices of Services;
• Appendix No. 2 — Privacy Policy;
• Other appendices as needed.