Terms

User Agreement

1. General Provisions

1.1. This Agreement is a public contract (public offer) of YASNO PORTAL L.L.C, License No.1081093, hereinafter referred to as "the Contractor", to any natural person of legal capacity, expressing willingness to use the services of the Contractor and accept the terms of this Agreement public offer (hereinafter - "the Agreement"). Upon acceptance of the conditions set forth below and starting to use the Service, a person who accepts this offer becomes a User.

1.2. Complete and unconditional acceptance of this public offer is considered the fact of starting to use the Service and registering for the Service.

1.3. A public agreement, executed as described above, is considered to be in a simple written form, does not require paperwork and has full legal effect.

1.4. From the moment of acceptance the User is considered to have read and agreed with this public offer and entered with the Contractor in the contractual relationship 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 approval from the User, while ensuring the publication of amended conditions on the Service for at least one day before they come into force.

2. Terms and Definitions

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

2.1. "Service" - the online platform (software) "Yasno" developed by the Contractor, located in the Internet at https://yasno.world , which allows to select the Psychologist from the offered specialists as well as to conduct Video consultations between the Psychologist and the User as well as possess other functionalities available to the Psychologist.

2.2. "Video Consultation" - one online consultation with a Psychologist with duration of at least 50 minutes for individual consultation and at least 90 minutes for pair, available through the Service.

2.3. "User" - an individual with full legal capacity, who has applied to the Psychologist through the Service and is a customer in accordance with this Agreement.

2.4. "Psychologist" - an individual of full legal capacity with higher education or retraining in psychology, who provides help and consults Users on various issues (emotional, personal, social, etc.) through the Service, without writing out medical prescriptions.

2.5. "Personal аccount” - the User's personal page on the Service, access to which is provided to the User after registration. The Log in to the Personal account is the User's phone number (hereinafter, the "Log in"), and the Password is the one-time password automatically generated by the Service, which is sent to the User's phone number each time they log in to the Service (hereinafter, the "Password"). The Personal profile contains a questionnaire, which is required to be filled out by the User.

3. Subject of the Agreement

3.1. The subject of the Agreement is the provision by the Contractor to the User of access to the functionality of the Service, which allows the select of a Psychologist, as well as the Video consultations with a Psychologist on the issue of individual psychological work with the User, to assist in making payments, to send informational messages to the User via e-mail, SMS, messages in instant messengers , as well as the provision of other services provided by the functionality of the Service. At the same time, the services of Video consultations to the User are provided directly by the Psychologist, and the Contractor provides the technical ability to use the functional capabilities of the Service only.

3.1.1. The User gives the Contractor the right to use the User's feedback to research and improve the quality of the Service, the Video Consultations, to analyze the appropriateness and quality of the practical approaches and methods of counseling used. Such use will not constitute a breach of the terms of confidentiality.

3.2. Functionality of the Service for the User:

3.2.1. Ability to choose the most appropriate Psychologists for the solution of the User's questions, based on the results of the initial analysis of the psychological state of the User. The User has the right to choose another Psychologist from the entire database of the specialists who have posted information about themselves on the Service.

3.2.2. Unlimited access to the User's Personal profile.

3.2.3. Ability to sign up for the Video consultations according to the Psychologist's schedule. 3.2.4. Ability to conduct the Video Consultations.

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

3.4. The User is fully aware that the Contractor cannot and is not responsible for the result of the Video consultations under any circumstances.

3.5. The User is fully aware that the Contractor may refuse to provide access to the Service at any time, if the User violates the terms of this Agreement, as well as in any other cases, including without explanation.

3.6. In case the User misses a Video Consultation according to the schedule established with the Psychologist or notifies of the postponement of the Video Consultation less than 12 hours prior to the scheduled time, the funds paid for the Video Consultation to the Psychologist shall not be returned to the User and shall be considered as a fixed subscription fee.

3.7. If the Video Consultation fails to take place due to the fault of the Psychologist and/or the Psychologist notified the User of the cancellation or postponement of the Video Consultation less than 12 hours in advance, then, at the User's discretion, the amount paid for the Video Consultation shall either be returned to the User or credited towards the payment for the next Video Consultation.

3.8. If the User is late for an assigned Video Consultation, the time of the Video Consultation shall not be extended; if the Psychologist is late for the Video Consultation, the time of the Video Consultation shall be extended for the period of the Psychologist's lateness.

3.9. The peculiarity of the fulfillment of the contractual obligations is the absence of the guaranteed result as the useful effect depends not only on the Psychologist's professionalism but also on the involvement of the User.

3.10. In order to use the Service the User must provide the following equipment and software

desktop/notebook computer:
- Video camera, built-in or external;
- Microphone, built-in or external;
- Chrome browser not lower than 81.0.4044.138;
or mobile device:
- running iOS version 13.x or higher and Safari browser;
- running Android version 7.x or higher and a mobile version of Chrome browser at least 81.0.4044.138;
a 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", i.e. without any express or implied representations or warranties. The Contractor does not guarantee or make any statements regarding the security of the Service. The User acknowledges that any information transmitted through the Service may 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 User at his own discretion and at his own risk, provided that the User is solely responsible for any damage caused to the User's computer system, for loss of data or other harm caused as a result of such activities.

3.12. The Contractor does not have access to ongoing Video Consultations. The functionality of the Service does not involve recording Video Consultations or their storage and processing. At the same time, the Contractor has the right to process and publish generalized analytical data of the User, such as gender, age and others, in order to analyze, refine, make changes to the Service, as well as post statistical data on the Internet, at conferences, providing analytics to third parties, to the extent permitted by the legislation of the UAE, and the User gives his consent to this.

4. Rights and obligations of the Contractor

4.1. The Contractor’s obligations:

4.1.1. Provide access to the functional capabilities of the Service in accordance with the terms of this Agreement, after the registration of the User on the Service and the primary filling of the User's profile in the Personal account.

4.1.2. Provide the User with explanations of how to use the Service.

4.2. The Contractor's rights:
4.2.1. Independently determine the functional capabilities of the Service, change or add new functionalities of the Service without prior notice to the User.
4.2.2. Demand that the User provides information about his or her current state by filling out the form in the Personal account.
4.2.3. Deny access to the Service and terminate the Agreement for any reason, including without explanation, in case of non-performance or improper performance of the User's obligations under the Agreement.

5. Rights and obligations of the User

5.1. The User’s obligations:

5.1.1. Provide the Contractor, upon request and by filling in the questionnaire in the Personal account, reliable information and data necessary for the proper performance of the Contractor's obligations. At the conclusion of the Agreement the User must register on the Service, gain access to the Personal account, make the primary completion of the questionnaire posted in it.
5.1.2. Comply with the schedule of the Video consultations posted in the Personal account and agreed with the Psychologist; notify the Psychologist of any changes not less than 12 hours prior to the scheduled time of the Video Consultation.
5.1.3. Not to reproduce, copy, distribute or otherwise use the content of the Service, except for personal use under this Agreement, for any purpose whatsoever. Do not make video and/or audio recording of Video consultations and/or take photographs of the Psychologist during the Video Consultations without the prior consent of the Psychologist.
5.1.4. Do not post advertising information on the Service as well as any unlawful, defamatory, threatening messages or messages that contradict the legislation of the UAE.
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 login and password. In case of non-compliance with this condition (including the cases of leaks of the login and password against the User's will) the Contractor shall not be liable for providing access to the Personal account of the User to the person who acquired the login and password of the User in any way, for disclosure of confidential data of the User, and is not obliged to compensate any damages of the User caused by such a violation.
5.1.6. Do not agitate or incite the Psychologist to provide services to the User without using the Service, do not post on the Service information that in any way discredits the Contractor and / or fake information. Notify the Contractor of any cases of the Psychologist's attempt to take Video Consultations outside the Service.
5.1.7. Promptly notify the Contractor in case of the loss or theft of the login and/or password for the User's Personal account.
5.1.8. Promptly notify the Contractor and/or the Psychologist in case of suicidal thoughts and/or intentions, suicide attempts, as well as any other physical or mental conditions other than normal.
5.1.9. Attend Video Consultations in good health, not to smoke, not to take alcohol during the Video Consultation, not to leave it before the set time without a valid reason, and not to conduct the Video Consultation while under the influence of alcohol and/or narcotic intoxication or medications, except when such drugs are prescribed by the User's attending physician, about what the User notifies the Psychologist without fail; inform the Psychologist about changes in aspects of his life that are important for psychotherapy; inform the Psychologist about changes in his physical and psychological well-being.
5.1.10 When the User receive a promo code of the CORP-XXXX-XXXXXXXXXX type to receive a discount on payment for the Video Consultation or other special conditions when paying for the Video Consultation from employing companies, use the specified promo code only yourself and do not transfer the received promo code to any other third parties. Otherwise, the Contractor has the right to notify the company-employer about the revealed access of a third party to the promo code.

5.2. User's rights:

5.2.1. Demand from the Contractor the proper performance of obligations under this Agreement.
5.2.2. If necessary, receive Contractor's advice about the features of the Service.
5.2.3. Choose the Psychologist from the offered on the Service and to bring up for discussion, within the framework of the Video consultation, any personal problem which is interesting to the User.
5.2.4. Unilaterally refuse to use the Service and terminate the Agreement by sending an appropriate notice to the Contractor at the email address [email protected] or by pressing the "Delete Account" button in the Personal account, as a result of which the Contractor shall block the User and delete entries for future Video Consultations from the Psychologist's schedule. In the case of such cancellation, the Agreement shall be deemed terminated as of the day following the day the Contractor receives such notice.
5.2.5. To change the Psychologist at any stage, the number of such changes is not limited by the Service.
5.2.6. Leave feedback (review) about the Psychologist.

6. Financial Terms

6.1. The User does not pay for access to the Service; however, certain features of the Service may have to be paid for. Payment for such functions is made by the User through the payment systems offered on the Service.

6.2. At the same time, the use of a particular payment system by the parties may be subject to a separate agreement between the parties that regulates the use of the particular payment system, which is a mandatory condition for making settlements in such a way and under such a procedure.

6.3. The User has access to the function of non-cash payment from a bank card, in which case the Contractor acts on behalf of the respective Psychologist with the involvement of an authorized payment system and is the recipient of the payment as the agent of the Psychologist (hereinafter referred to as "non-cash payment"). The Contractor does not guarantee the absence of errors and malfunctions in the Service in relation to the provision of non-cash payment options.

6.4. Payment shall be made by the User by means of bank cards of international payment systems Visa International, MasterCard Worldwide and other payment systems, except for cases when there are restrictions on the ability to credit funds from a bank card of one or another international payment system within the elements of the screen interface. The Contractor reserves the right to temporarily restrict the acceptance of certain bank cards for technical reasons, or establish additional requirements in terms of payment that are placed within the Service, as well as provide a different screen interface in terms of payment methods for different devices. The cost of certain paid services is clearly marked as part of the Service and can be changed at any time without prior notice to the User.

6.5. The User is obliged to use only the bank card, the legal owner of which he/she is. If the User intentionally uses a card of another person, he/she is responsible for any damages that were/may be incurred to the cardholder as a result of his actions as well as for any other damages, including reputational ones, incurred by the Contractor. The User undertakes not to transfer the data of the bank card to third parties. All risks associated with the possible intentional use by third parties of the User's bank card data in case of their improper storage shall be borne by the User.

6.6. In order to receive paid services, the User must confirm the activation of the automatic payment of the bill by bank card in the User’s Personal account in accordance with the procedure specified in the Service, due to the fact that Video Consultations are paid for on a prepaid basis within the elements of the screen interface. To activate the automatic payment of bills by bank card, the User must specify the number of the bank card, the expiration date of the card, CVV code, name and surname of the owner of the bank card. Payment for the services selected by the User will be made automatically, without further confirmation from the User

6.7. To verify the authenticity of the data specified by the User, the issuing bank may reserve funds in the User's respective bank accounts. Once the issuing bank has successfully verified the authenticity of the card data, the User's bank card is considered to be linked and the automatic account top up with the bank card is considered to be connected. The unblocking of the amount reserved during the authentication of the bank card is made within the time frame determined by the issuing bank and does not depend on the Contractor.

6.8. The data of the bank card entered by the User can be saved in the User's account in the corresponding payment system in accordance with the rules of international payment systems that provide the Contractor with services to ensure the acceptance of Users' payments.

6.9. When the automatic payment of the bill by bank card is disabled, the User will not have access to the paid services provided by the Service and the related functionality of the Service.

6.10. The confidential data of the User (card details, registration data, etc) is collected and processed by the processing center of the payment system, not by the Service. Thus, the Service can not receive the bank data of the User, including the information on its transactions made on other sites. All financial information provided by the User is collected and processed by the payment systems specified on the Service.

7. Warranties and Liability

7.1. The Contractor does not provide medical services. The User’s Personal data is accepted only from the User's words, as well as by filling in a questionnaire in the Personal account. The User is personally responsible for the accuracy of the personal data provided.

7.2. The Personal Data of the User may not be provided by the Contractor to third parties without the User's consent, except for the disclosure of the User's personal data at the request of state agencies, providing data to the Psychologist selected by the User and disclosure of the User's corporate email address of its employer, in case the payment for Video consultations occurred at the expense of the User's employer, for reporting purposes for the User's employer.

7.3. The User understands that the Service is intended for relatively healthy people who have no health problems (both physical and psychological) threatening the life of the User or other persons. The User confirms and guarantees that he/she will immediately notify the Psychologist of any changes in his/her mental or physical condition.

7.4. The Contractor shall not be responsible for the User's failure to achieve the results expected by the User or for a discrepancy between the result received and the User's expectations.

7.5 In case of violation of paragraph 5.1.5, paragraph 5.1.6 and paragraph 5.1.7 of the Agreement by the User, the Contractor has the right to unilaterally terminate the Agreement and block access to the Service without notice to the User.

7.6 The Contractor's liability for any suits or claims arising out of the performance of this Agreement is limited to the amount of 250 dirham and may not exceed the amounts actually paid to the Contractor for the services provided under this Agreement or the actual damage caused by the Contractor to the User, whichever of these amounts will be less. This limitation does not apply if the legislation of the UAE establishes otherwise.

7.7 User's dissatisfaction with the results of the Psychologist's activity, non-compliance of the psychological aid's result to his expectations is not a basis for bringing the Contractor or the Psychologist to responsibility for improper quality of the provided services as the psychological aid has no established standards of proper implementation.

8. Force majeure events

8.1. The Parties shall be exempt from liability for partial or full failure to perform their obligations under this Agreement if such failure has become impossible due to force majeure events occurring after the conclusion of the Agreement as a result of extraordinary events, including (but not limited to) the following circumstances:

(a) war, hostilities (whether or not war is declared), invasion, sudden military attack, action by an enemy army, nation or enemy;
(b) riot, insurrection against lawful authority, civil commotion, unrest, rebellion, organized armed resistance against the government, military coup, civil war, exercise to prevent terrorist acts, rioting in crowded places;
(c) flood, fire, arson, earthquake, storm, lightning strike, landslide (landslide) or other natural disasters;
(d) epidemic, disease, death, raid, sabotage, crime, explosion, terrorist acts of any nature;
(e) the passing of acts of state or municipal authorities and administration which prevent the performance of the Treaty;
(f) occurrence of technical failure in telecommunications and/or power networks of general use, action of malicious programs, as well as unscrupulous actions of third parties expressed in actions aimed at unauthorized access and/or disabling of software and/or hardware complex or occurrence of other similar event.

8.2 The Party affected by force majeure events shall notify the other Party in writing within three (3) business days, as soon as possible, providing confirmation of force majeure events issued by a competent governmental or administrative authority.

8.3 In case of force majeure events the term of fulfillment of the Parties' obligations under this Agreement is postponed in proportion to the time of force majeure events.

8.4 If force majeure events will last more than one (1) month, each of the Parties has the right to refuse further performance of obligations under this Agreement, subject to compensation to the other Party of the actually incurred costs.

9. Privacy, security and receipt of information

9.1. By providing the User’s personal data to the Service, the User gives the Contractor consent to the processing and usage of the User’s personal data according to the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (United Arab Emirates) in different ways for the purposes specified in this Agreement.

9.2 The Contractor uses the User's personal data for the following purposes: providing services to the User under the Agreement, using the functionality of the Service by the User, facilitating payments, sending information messages via SMS, e-mail and messages in instant messengers, customer support and other purposes provided by this Agreement. The User is aware and agree that the data left by him upon registration on the Service will be available to Psychologists.

9.3. By providing their personal data to the Contractor, the User agrees to their processing by the Contractor as stated in the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (United Arab Emirates), including in order to fulfill their obligations to the User in the framework of this Agreement, to promote the functionality of the Service, sending the information electronic and SMS messages, customer support service, quality control services provided by Psychologists.

9.4 Withdrawal of consent to the processing of personal data is carried out by the User by withdrawing their consent by sending a corresponding application to the Contractor's e-mail address: [email protected].

9.5 The Contractor, when processing the User's personal data, is obliged to take all measures provided by the current legislation of the UAE to protect them from unauthorized access.

9.6 The Contractor guarantees that the User's personal data may not be disclosed to other persons, except specified in the Agreement.

9.7 The Contractor shall be entitled to use "cookies" technology. "Cookies" do not contain confidential information. The User hereby consents to the collection, analysis and use of cookies, including by third parties for the purposes of formation of statistics and optimization of 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 User on the Service in a publicly available form.

9.8 The User agrees to receive, and the Contractor has the right to send information messages, including promotional ones, to e-mail and cell phone of the User. The User has the right to refuse to receive promotional information without explaining the reasons for refusal by informing the Contractor about his refusal by sending a corresponding application to the e-mail address of the Contractor: [email protected]. Service messages informing the User about Video consultations, password messages or other service and functional messages are sent automatically and cannot be rejected by the User.

10. Rights to Results of Intellectual Activity

10.1. Exclusive rights for the Service belong to the Contractor.

10.2 The Contractor, under a simple (non-exclusive) license, provides the User with the right to use the Service under this Agreement. This license includes the right to use the Service for its direct functionality in the ways and with the prohibitions and restrictions stated in this Agreement, for personal, noncommercial purposes.

10.3 Except for the cases directly specified in this Agreement, the User does not acquire any intellectual rights in relation to the Service when using the Service. All intellectual and other applicable rights on the Service and all its components belong to the Contractor. The User may not copy, reproduce, modify, process, display, distribute, publish, transmit, sell, or otherwise use the results of intellectual activity from the Service, in whole or in part, without the prior and explicit permission of the Contractor, unless the Contractor has explicitly expressed its consent to the free use of a result of intellectual activity by any person.

10.4 Any use of the Service is prohibited for the User and is considered a violation of the Agreement, unless expressly allowed by this Agreement.

11. Final Provisions

11.1. The Agreement is a complete agreement between the Contractor and the User.

11.2 The issues not regulated by this Agreement shall be regulated in accordance with the current legislation of the UAE.

11.3 All disputes and disagreements arising from or in connection with the Agreement shall be resolved, if possible, through negotiations between the parties. If the parties fail to reach an agreement, the disputes shall be considered in the manner prescribed by the applicable laws of the UAE. Compliance with the claim procedure for dispute resolution shall be mandatory for the Parties, and the response to the claim shall not exceed 14 (fourteen) calendar days from the date of its receipt.

11.4 This Agreement shall take effect upon acceptance by the User of this public offer and shall remain in full force and effect until the Parties have performed their obligations thereunder.

Details of the Contractor:

YASNO PORTAL L.L.C: License No.1081093; Phone +971 56 1324080; E-mail: [email protected]