User consent to the rules of the service

ATTENTION: Please read this user agreement before downloading and using the mobile application. Downloading the mobile application and any use thereof will constitute your acceptance of the terms of this user agreement without any restrictions.

If you do not agree with the terms of this user agreement, do not download the mobile application to your device.


Publication date 06/11/2019

  1. General
    1. Health Measurement LLC, a legal entity registered and operating under the laws of the Russian Federation, OGRN 1187746750400, (hereinafter referred to as the "Health Measurement"), offers the person downloading the ENGY Mobile Application to the mobile device (hereinafter - the "User" and “Application”, respectively) to use the ENGY Application and service on the terms and conditions set forth in this user agreement (hereinafter - the “Agreement”).
    2. The Agreement shall enter into force from the moment the User downloads the Application from the mobile application stores (App Store, Google Play) to a mobile device or through a direct link sent by the Health Measurement.
    3. Having downloaded the Application, the User is deemed to have accepted the terms of the Agreement in full, without any reservations or exceptions. If the User disagrees with any of the provisions of the Agreement, the User is not entitled to download the Mobile Application and use it in any way.
    4. Using the Application in violation (non-fulfillment) of any of the terms of the Agreement is prohibited.

  1. License
    1. The application is a computer program for mobile devices, the exclusive right of which belongs to the Measurement of Health. All components of the Application, including design, graphics, photographs, illustrations, texts, videos and other elements of the Application are also objects of the exclusive rights of the Health Dimension.
    2. Health Measurement free of charge, on the terms of a simple (non-exclusive) license, provides the User with an inexpressible right to use the Application and its components on the territory of all countries of the world in the following ways, but exclusively for the User’s personal non-commercial purposes:
      1. Copying and installation (playback) on the user's mobile device (s). The user has the right to install the Application on an unlimited number of mobile devices.
      2. Application for its intended purpose.
    3. The user does not have the right to use the Application in any other ways than expressly permitted by this Agreement. In particular, the User does not have the right to reverse engineer the Application, inter alia, decompile, disassemble, decrypt and perform other actions with the object code of the Application, with the goal of extracting its source code and / or obtaining information about the implementation of the algorithms used in the Application, create derivative works using the Application, distribute, bring it to the public and provide other access to the Application, as well as (permit) other use use the Application or its individual elements, change and / or delete the name, logo of the Application, the Health Measure service mark, copyright mark or other indications to the copyright holder without the written consent of the Health Measure.
    4. This license applies to all subsequent updates / new versions of the Application. By agreeing to install the update / new version of the Application, the User accepts the terms of this license for the corresponding updates / new versions of the Application, unless updating / installing a new version of the Application is accompanied by another user and license agreement.
    5. The Application is provided on an “as is” basis (as is), which means that the Health Measure does not provide any guarantees regarding the error-free and uninterrupted operation of the Application, its individual components and / or functions, the compliance of the Application with the specific goals of the User, and does not provide any other warranties not expressly specified in this Agreement.

  1. Privacy
    1. For full use of the application’s functionality, it provides for User authorization, which is done by entering a 16-digit confirmation code generated by the Health Measurement in a special field on the authorization screen. The confirmation code is sent to the User in the form of a message to the phone number indicated by the User when registering in the Application.
    2. The verification code is an electronic signature key, and the User is obliged to keep it confidential.
    3. Unless otherwise proved by the User, any actions, messages and documents committed or sent using the User’s electronic signature key are considered to be committed and sent by him personally.
    4. The User is hereby notified, understands and agrees that when using the Application for the purpose of providing the User with the functionality of the Application, the Health Measure will be automatically transferred the following information: type of operating system of the User’s mobile device, version and identifier of the Application, statistics on the use of the Application’s functions, location data of the User’s device, as well as other technical information.
    5. The User’s personal data contained in the User’s account, as well as data downloaded by the User into the Application and received and processed as part of the ENGY service, are stored and processed by the Health Measurement in accordance with the conditions Policies regarding the processing of personal data of LLC Health Measurement . Using the Application, the User agrees to such processing of data by the Health Measurement.

  1. Terms of Use for the Application
    1. When using the Application, the User is obliged to comply with the requirements of this Agreement and applicable law, including applicable international law.
    2. When using the Application, the User may not:
      1. Violate the rights of the Measurement of Health and third parties and / or harm them in any form.
      2. Impersonate another person.
      3. Download, send, transmit or in any other way post and / or distribute content in the absence of rights to such actions under the law or any contractual relationship.
      4. Download, send, transmit or in any other way post and / or distribute any materials containing viruses or other computer codes, files or programs designed to violate, destroy or limit the functionality of any computer or telecommunication equipment or programs, for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means to obtain unauthorized th access to sites on the Internet, as well as linking to the above information.
      5. Download, send, transmit or in any other way post content that is illegal, harmful, libelous, offends morality, demonstrates (or promotes) violence and cruelty, violates intellectual property rights, promotes racial hatred and / or discrimination against people , ethnic, sexual, religious, social grounds, contains insults to any persons or organizations, contains elements (or is propaganda) of pornography, child erotica, is an advertisement (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons.
      6. Unauthorized to collect and store personal data of others.
      7. Disrupt the normal operation of the Application.
      8. Promote behavior or actions aimed at violating the restrictions and prohibitions established by this Agreement.
      9. Otherwise violate applicable law, including international law.

  1. Rights and obligations of the Parties.
    1. The User agrees to use the terms and conditions set forth in this Agreement when using the Application.
    2. Health Dimension has the right to establish restrictions on the amount of User information stored in the Application.
    3. Health Measurement has the right to send informational messages to the User both through the application and through the means of communication indicated by the User when registering in the Application. By downloading the Application, the User is also in accordance with Part 1 of Art. 18 of the Federal Law "On Advertising" gives its consent to receive advertising messages.
    4. In order to improve the quality of the service, Health Measurement has the right to collect opinions and feedback from Users on various issues by sending an information message at the next entrance to the Application. The collected opinions and reviews can be used to obtain feedback, as well as to generate statistics. When writing reviews, the User agrees to be guided by the requirements of this Agreement, including the requirements established by Section 4 of this Agreement.
    5. Using some functions of the Application is possible only if you have access to the Internet. The user independently provides such access.
    6. Any payments for communication services, including those made by mobile operators or Internet access providers, are paid by the User independently.
  2. ENGY Service
    1. The service is an automated processing of heart rate readings received from Engy Beat devices and the output of processing results via the Application interface.

Engy Beat devices are understood to mean electronic heart rate monitors distributed by the Health Measurement or its official dealers and / or distributors who connect to the ENGY platform and transfer the results of the readings to the Application.

    1. The ENGY Service (hereinafter referred to as the “Service”) is provided free of charge by the Health Measurement using the Application from the moment of authorization of the User in the Application and until the removal of the Application from a mobile device for any reason. Service is provided subject to the User having a working Engy Beat device and its connection and operation in accordance with the manufacturer's instructions.
    2. Using the Application, the User agrees to use the Service on the conditions set forth in this Agreement.
    3. The User hereby confirms that he is aware and agrees that any information received by him through the Service, including heart rate readings, as well as summary and analytical data obtained as a result of processing such indications, is not a medical opinion , a diagnosis, a guide to action or treatment and serves to conveniently monitor and visualize objective indicators obtained from Engy Beat devices. Such information requires subsequent professional medical evaluation.

  1. Warranties and liability of the Parties
    1. The User is responsible to the Health Measure for using the Application by any means not expressly permitted in this Agreement.
    2. The user is solely responsible to third parties for his actions related to the use of the Application, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Application.
    3. The user uses the Application in the form in which it is presented at his own risk. The Health Measurement does not guarantee that the Application and its individual elements are error-free and will function in accordance with the expectations of the User, that access to the Application will be provided continuously, quickly, reliably and without errors. The presence of errors or deficiencies in the Application, which, inter alia, leads to the inability to operate the Application on the user's mobile device, is not a basis for the exchange, return or repair of such a mobile device. Health Measurement does not guarantee the User to achieve any results due to the use of the Application. Also, the Health Measurement does not provide guarantees regarding the information published in the Application.
    4. Health Measure is not responsible for any direct or indirect consequences of any use or inability to use the Application and / or losses incurred by the User and / or third parties as a result of any use, non-use or inability to use the Application or individual its components and / or functions, including due to possible errors or malfunctions in their work, with the exception of cases expressly provided by law. Moreover, in any case, the liability of the Health Measurement under this Agreement is limited to the amount of real damage caused to the User.
    5. No information provided in the Appendix may be construed as an attempt to give medical advice or in any way carry out medical activities. The Health Measure is not responsible for the results and consequences of using information obtained through the Service and posted in the Application. Health Measure strongly recommends that you do not take any action based on the information received in the Appendix without consulting a doctor.
    6. The user confirms that the information entered by him into the Application is not a medical secret.
    7. The application may contain links or provide access to other sites on the Internet (third-party sites) and content posted on these sites that are the result of the intellectual activity of third parties and protected in accordance with the legislation of the Russian Federation. The indicated sites and the content posted on them are not checked by the Health Measure for compliance with the requirements of the legislation of the Russian Federation. In this regard, the Health Measure warns that the information content provided on the Internet may not be intended for people under the age of 18.
    8. Health Measurement is not responsible for any information or content posted on third-party sites to which the User accesses through the Application, including, but not limited to, any opinions or statements expressed on third-party sites. The User confirms that from the moment the User clicks on the link contained in the Appendix to the third-party site, the Health Measurement is not responsible for the use by the User of the content, the legality of such use and the quality of the content posted on third-party sites.
    9. Health Measurement is not responsible for the correctness of the data entered by the User when using the Application and the Service, for the content, correctness and / or relevance of the data entered by him, as well as for losses and any adverse consequences resulting from the provision by the User of inaccurate or inaccurate data. < / li>
  2. Modification of the terms of the Agreement
    1. Health Measurement has the right to unilaterally change the terms of the Agreement without any special notice, and such changes take effect at the time of publication of the new version of the Agreement in the Appendix, unless otherwise provided by the new version of the Agreement.
    2. The current version of the Agreement is located at . The user undertakes to get acquainted with the current version of the Agreement each time you use the Application before using its functions.
    3. If the User disagrees with the terms of the new version of the Agreement, the User must stop using the Application and remove it from his mobile device. If the User continued to use the Application and did not delete it from his device, he is considered to have acceded to the corresponding Agreement in a new edition.
    4. Health Measurement reserves the right to terminate this Agreement at any time for organizational or technical reasons unilaterally by deleting the Application from the User’s mobile device or by blocking the possibility of its use.

  1. Final Provisions
    1. This Agreement is made in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
    2. In the event of any disputes or disagreements related to the implementation of this Agreement, the User and the Health Measurement will make every effort to resolve them by negotiating between them. In the event that disputes are not resolved through negotiations, disputes shall be resolved in the appropriate competent court at the location of the Health Measurement, unless otherwise provided by applicable law of the Russian Federation.
    3. In the event that any of the provisions of this Agreement is declared invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.
    4. Appeals, proposals and claims of individuals and legal entities to the Health Measurement related to the content and functioning of the Application, violations of the rights and interests of third parties, requirements of the legislation of the Russian Federation, as well as for requests of persons authorized by the legislation of the Russian Federation can be sent to the email address mail: .