Adhesion Agreement
for the Smart Diary

1.1. This document is a public offer (hereinafter referred to as the "Offer", "Agreement") by Individual Entrepreneur Evgeny Valeryevich Tolstov (OGRNIP: 319665800010896, INN: 663103479890), hereinafter referred to as the "Service Provider", addressed to an indefinite circle of persons (hereinafter referred to as the "Customer") regarding the provision of paid access to the "Smart Diary (EssayNote)" Service.

1.2. In accordance with Article 437 of the Civil Code of the Russian Federation, this document is a public offer. The Service Agreement is considered concluded and becomes effective from the moment the Parties perform the actions stipulated in this Offer, which signify unconditional and full acceptance of all terms of this Offer without any exceptions or restrictions on an adhesion basis.

1.3. Acceptance of this Offer is considered the Customer's performance of the actions specified in clause 3.2 of this Agreement.

1.4. The Service Provider and the Customer are jointly referred to as the "Parties", and individually as a "Party".

Offer, Agreement — the text of this Offer with its Appendices, which are an integral part, accepted by the Customer through conclusive actions provided for in this Offer.

Conclusive actions — behavior that expresses agreement with the counterparty's proposal to conclude, amend, or terminate a contract. The actions consist of full or partial fulfillment of the conditions proposed by the counterparty.

Acceptance — full and unconditional acceptance of the Offer terms by the Customer performing the actions specified in clause 3.2.

Service Provider's Website — a set of programs for electronic computers and other information contained in an information system, accessed via the Internet at the domain name and network address: https://essaynote.com/

Service — the "Smart Diary (EssayNote)" software and hardware complex, including:

• EssayNote mobile application;
• essaynote.com website;
• app.essaynote.com service;
• All related services and resources.

Premium Tariff — a paid tariff plan of the Service providing the Customer with expanded functionality.

Personal Account — a secure section of the Service accessible to the Customer after registration and authorization.

Payment System — a third-party payment aggregator (Robokassa, YooMoney, SBP, etc.) facilitating payments.

5.1. In accordance with the Law of the Russian Federation "On Protection of Consumer Rights" and Government Decree No. 612 of September 27, 2007, the Customer has the right to a refund within 7 (seven) calendar days from the date of payment if the service was not provided or was provided improperly.

5.2. The Customer has the right to demand from the Service Provider a refund for services not rendered, services rendered of inadequate quality, services rendered in violation of the deadlines, as well as if the Customer decided to refuse the services for reasons not related to a breach of obligations by the Service Provider, solely on the grounds provided for by the current legislation of the Russian Federation.

5.3. Refunds are made in the following cases:

• payment error (duplication, technical failure);
• Customer's refusal of the subscription before the activation of Premium access;
• impossibility of providing the service due to the Service Provider's fault.

5.4. To request a refund, you must:

• send an application to support@essaynote.com stating the reason for the refund;
• attach proof of payment (receipt, screenshot, transaction number);
• provide bank details for the refund.

5.5. The refund is made within 10 (ten) business days from the date of receiving the application to the same payment system through which the payment was made.

6.1. In the implementation of this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current versions of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data" and Federal Law No. 149-FZ of July 27, 2006 "On Information, Information Technologies and Information Protection".

6.2. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect the received information from disclosure.

6.3. Confidential information means any information transmitted by the Service Provider and the Customer in the process of implementing the Agreement and subject to protection, except for publicly available information.

6.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications, and other documents provided to the Service Provider, both on paper and electronic media.

6.5. The Service Provider is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of this data, and uses it exclusively for the quality provision of Services to the Customer.

8.1. In case of non-fulfillment and/or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer and the current legislation of the Russian Federation.

8.2. The Service Provider is not liable for:

• interruptions in the Service's operation caused by actions of third parties or force majeure circumstances;
• loss of data due to the Customer's actions or technical failures not caused by the Service Provider's fault;
• the content of records created by the Customer in the Service;
• the results of artificial intelligence functions;
• non-fulfillment and/or improper fulfillment of obligations under the Agreement if such non-fulfillment occurred due to the Customer's fault.

8.3. The Customer is responsible for:

• the content of the created content and compliance with the legislation of the Russian Federation;
• the security of account data and prevention of unauthorized access;
• the accuracy of information provided during payment.

8.4. A Party that has failed to fulfill or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for damages caused by such violations.

9.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment proved impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under the given conditions, which include: prohibitive actions of authorities, epidemics, blockade, embargo, earthquakes, floods, fires, or other natural disasters.

9.2. In the event of these circumstances, the Party must notify the other Party within 30 (Thirty) business days.

9.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.

9.4. If force majeure circumstances continue for more than 60 (Sixty) business days, each Party has the right to unilaterally withdraw from this Agreement.

10.1. The Offer comes into force from the moment of its placement on the Service Provider's Website and remains valid until it is withdrawn by the Service Provider.

10.2. The Agreement comes into force from the moment of Acceptance of the Offer terms by the Customer and remains valid until the Parties fully fulfill their obligations under the Agreement.

10.3. The Agreement may be terminated:

• at the initiative of the Customer — by canceling the subscription in the Personal Account;
• at the initiative of the Service Provider — in case of the Customer's violation of the Offer terms;
• by agreement of the Parties.

10.4. After termination of the Agreement, access to the Premium Tariff ceases, and the Customer's data is stored in accordance with the Privacy Policy.

11.1. All disputes and disagreements arising from or in connection with this Agreement shall be resolved through negotiations between the Parties.

11.2. If no agreement is reached, the dispute shall be submitted for consideration to the court at the location of the Service Provider in accordance with the legislation of the Russian Federation.

11.3. The claim procedure for dispute resolution is mandatory. The claim review period is 10 (ten) business days.

12.1. This Offer is governed by and interpreted in accordance with the laws of the Russian Federation. All matters not regulated by this Offer or not fully regulated shall be governed in accordance with the substantive law of the Russian Federation.

12.2. A court finding of invalidity of any provision of this Offer shall not entail the invalidity of the remaining provisions.

12.3. This Offer constitutes the complete and exhaustive agreement between the Parties.

12.4. The Service Provider reserves the right to change the terms of the Offer. All changes are published on the official website essaynote.com and take effect from the moment they are published. New/changed terms apply only to newly concluded Agreements.

12.5. The current version of the Offer is always available at essaynote.com/offer.

12.6. The Parties have designated Russian as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of demands/notifications/explanations, provision of documents, etc.).

12.7. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the prescribed manner.

12.8. If the Service Provider's Website on the Internet contains links to other websites and materials of third parties, such links are provided for informational purposes only, and the Service Provider has no control over the content of such sites or materials. The Service Provider is not liable for any losses or damages that may arise from the use of such links.