User Agreement

This User Agreement (hereinafter also referred to as the Agreement) sets forth the terms of use of the itHelper software (hereinafter also referred to as the Software) and regulates the procedure for interaction between the Copyright Holder and the User in the process of using the Software.

This Agreement is a public offer addressed to any individual intending to use the Software on the terms specified in the Agreement, by virtue of Article 435 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). This offer may be accepted by individuals only by joining this Agreement as a whole and performing the actions provided for in paragraph 2.6 of the Agreement.

With respect to the procedure and conditions for concluding this Agreement, the provisions of the Civil Code of the Russian Federation shall apply, regulating the procedure and conditions for concluding a public contract (Article 426 of the Civil Code of the Russian Federation), an accession agreement (Article 428 of the Civil Code of the Russian Federation), and the direction of an offer and acceptance (Articles 435–444 of the Civil Code of the Russian Federation).

1. Terms used in this Agreement

The Site is an Internet site located at https://ithelper.ru, providing the User with access to the software. The Copyright Holder posts information on the Site that is mandatory for the User.

Copyright holder — Limited Liability Company Soft Programm, address: 125212, Moscow, Kronshtadtsky Boulevard, 6/Bldg. 4, Pom. 104, Office 3V, OGRN 1197746652135 INN/KPP 7743321173/774301001, which owns all exclusive rights to the software.

User – an adult visitor to the Site who has the required level of legal capacity in accordance with the legislation of the Russian Federation and who carries out actions to acquire software for personal purposes not related to making a profit.

Software "itHelper" (software, Program) - a computer program owned by the Copyright Holder, included in the software register of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation (hereinafter referred to as the Ministry of Digital Development of the Russian Federation) under entry No. 10160 dated 04/08/2021, and representing a system for diagnosing a personal computer (hereinafter referred to as PC) or smartphone (hereinafter referred to as SM) by collecting information about the operating system (its technical characteristics, installed software, network status), with the ability to manage device data, as well as consolidate this information for further analysis, as well as a number of additional functional capabilities depending on the software version and Tariff. The software may be distributed under the following trade names: "itHelper", "itHelper Optimizer", "itHelper Optimizer with GPT" "itHelper Premium", "itHelper Premium", "GPT Helper" "itHelper Private", "itHelper Private with GPT", "itHelper Secure Network", "itHelper Secure Network with GPT", "itHelper Secure Internet", "itHelper Secure Internet with GPT", «itHelper Essential», «itHelper Extra», «itHelper Deluxe», «itHelper Wallet», «itHelper Electronic», «itHelper Ultimate» and other names containing the alternative name of the software "HELPER"

Access code - a unique alphanumeric code generated by the Copyright Holder, allowing the User to access the extended functionality of the Software.

Distribution — a set of programs, files on the Copyright Holder's website, as well as in the AppStore, Google Play, AppGallery application stores for installation and initial initialization of the software.

Basic version of the software – the main functional capabilities of the software, provided free of charge when downloading the Distribution from the Site. The basic version of the software is available only for installation on a PC.

Tariff - the terms of the User's acquisition of a software license, describing additional software functionality, validity period, cost, number of devices and other characteristics of the corresponding license.

Account - a set of data about the User, necessary for his identification and provision of access to his personal settings.

2. Conditions of joining the Agreement

2.1. Before starting to use the Software, the User is obliged to familiarize themselves with this Agreement when downloading the Basic version of the Software and other documents specified in this Agreement.

2.2. The User has the right to install and use the Basic version of the Software without registration. To use additional functional capabilities of the Software, it is necessary to register on the Site/in the Program.

2.3. The condition for using the Software is the full and unconditional acceptance by the User of the provisions of this Agreement, as well as the Copyright Holder's Privacy Policy (https://ithelper.ru/privacy-policy). By installing and/or actually using the Software, the User agrees to the provisions of this Agreement, as well as The Copyright Holder's Privacy Policy, as amended, which were in effect at the time of actual use of the software.

2.4. This Agreement may be changed by the Copyright Holder unilaterally at any time without prior notice to the User. Any changes shall come into force upon their publication on the Site. The User undertakes to independently check the current versions of the Agreement and Privacy Policy for changes. The User has the right to refuse to accept changes and additions to the Agreement and Privacy Policy, which will mean his refusal to use the Software.

2.5. The User has the right to terminate this Agreement with the Copyright Holder at any time by deleting the previously installed software from his/her PC/SM.

2.6. Acceptance of this Agreement is the performance by the User of the following consecutive actions:

familiarization with the terms of the Agreement and other documents and putting the appropriate mark (“check mark”);
selecting an item (by checking the box) confirming agreement with the terms of the Agreement and other documents of the Copyright Holder;
installation and use of the software on a PC/SM under the terms of this Agreement.

3. Subject of the Agreement

3.1. In accordance with the terms of this Agreement, the Copyright Holder provides Users with access to the Software) and a license to use the Software for personal non-commercial purposes under the terms of this Agreement and in the ways provided for by the functionality of the Software and the relevant Tariff.

3.2. The itHelper software, including all scripts, content, individual elements, versions, tariffs and software design are provided “as is” (“as is”) without warranty obligations of the Copyright Holder and obligations for operational support and improvement.

3.3. The Copyright Holder has the right, at its own discretion, to update/modify the Software, release new versions, introduce additional functional capabilities of the Software and Tariffs, at any time without prior notice to the User.

3.4. In order to inform the Software Users, the Copyright Holder has the right to send informational messages to the Users. The User has the right to refuse the mailing by changing the individual settings of their Account.

4. Registration and creation of an Account. Deletion of an Account

4.1. Access to download the Basic version of the Software is provided to the User on the Site in a free mode without prior registration and without charging a fee. When installing the Basic version Distribution, the User will be asked to read this Agreement and confirm that he/she:

is an adult and fully capable in accordance with the legislation of the Russian Federation;
has read the text of this Agreement, is fully aware of its content and unconditionally accepts it;
has read the Privacy Policy, is fully aware of its contents and unconditionally accepts the provisions contained therein.

If the User refuses to fully and unconditionally accept this Agreement, or is not ready to confirm any of the listed conditions, installation of the software will be impossible.

4.2. To access additional functional capabilities of the software, the User must:

register on the Site/in the Program by entering your email address or mobile phone number in the registration form, or use VK or Yandex service accounts, or other registration methods available on the Site/in the Program;
purchase an Access Code by making a payment on the Site or from one of the official partners of the Copyright Holder in accordance with Section 8 Agreements;
enter the Access Code in a special window in the Program installed on the User's PC/SM, or on the website https://ihreg.ru/.

4.3. When registering on the Site/in the Program using an email address or mobile phone number, after filling out the registration form and confirming agreement with the terms of providing access to the Software, the User will receive an automatically generated one-time password to access the User Account at the email address/phone number specified by him. When authorizing on the Site/in the Program using accounts in the VK or Yandex services, the User uses the authorization data (login and password) of the service he has chosen. The account contains the data entered by the User, information about the software used, information about payments made, technical data about the state of the PC/SM, its systems and installed programs. The User confirms and agrees that the correct operation of the software involves collecting data about the User's PC/SM for its diagnostics.

The User's data entered into the Account by the User themselves may be supplemented/corrected/deleted by the User at their discretion. The User may delete their Account and all information about themselves, which may make further use of the Software difficult.

4.4. The User undertakes to provide true, complete and accurate information about themselves during the registration process. The User undertakes to keep the information provided up to date during the term of this Agreement. The User is responsible for providing false, incomplete or inaccurate information and for any negative consequences that may arise as a result.

4.5. The User confirms that actions performed after authorization in the Program using the User's email address and password are recognized as actions of the User, performed by the User personally, unless the User proves otherwise.

4.6. Transfer of password to third parties is prohibited. The User undertakes to ensure secure storage of password/access codes/access to e-mail and their protection from unauthorized use by third parties. The User is responsible for possible negative consequences associated with the loss of password/access codes/access to e-mail/phone number, transfer of password/access codes/access to e-mail to third parties, except in cases where this occurred due to the fault of the Copyright Holder.

4.7. The Copyright Holder reserves the right to refuse registration to the User, as well as to cancel the existing registration if there are reasonable suspicions that the User has violated the current legislation and the provisions of this Agreement/other documents of the Copyright Holder. In this case, the reasons for refusal of registration and cancellation of registration are not communicated to the User.

4.8. If the User has any suspicions regarding the security of his/her email/phone number or the possibility of their unauthorized use by third parties, he/she undertakes to immediately notify the Copyright Holder by sending a letter to the Copyright Holder's email address specified on the Site.

5. License

5.1. In accordance with the terms and restrictions set forth in this Agreement, the Copyright Holder grants the User a limited, non-exclusive license to install and use the Software for personal purposes not related to business activities, without granting the right to use the Software to third parties (sublicenses). The methods of using the Software are determined by the selected Tariff in accordance with Section 7 of this Agreement.

5.2. The User is not permitted to rent, distribute, transfer, use for commercial purposes, grant rights to use the Software to third parties (sublicense), or use the Software under a shared use agreement, or in any other unauthorized manner.

5.3. The non-exclusive license granted to the User does not provide for the possibility to decompile, modify, disassemble, disassemble into component codes, process or improve the software and its components, attempt to obtain the source code of the software, or install custom add-ons to the software. Only binary (compiled) versions of the software are provided and the license implies the absence of access to the source code of the software.

5.4. The term of the right received by the User to install and use the software depends on the Tariff.

6. Software Rights

6.1. The software contains materials protected by copyright, including computer programs, technical solutions, trademarks and other materials protected by law, including, but not limited to: texts, photographs, graphic images, program codes. The sole owner of exclusive property rights to the software, all modules and its components, documentation related to it, is the Copyright Holder.

6.2. Any intellectual property rights (including, without limitation, copyright, trade secrets, trademarks, patents, etc.) arising from, contained in, related to, linked to or assigned to the Software shall belong solely to the Copyright Holder.

6.3. The User may not use the Software on behalf of a third party, or use the Software for purposes not specified in this Agreement.

7. Software functionality

7.1. Within the Basic version, the User may be provided with the following functional capabilities for using the Software:

View the main parameters of the device and operating system: processor model and its load, amount of RAM, video card model, operating system version, number of files in the system by data type and the size of these files, % of free space on the disk with the operating system.
Viewing the presence of vulnerabilities: the presence of installed programs, including antivirus software, programs in the startup list.
View information about the Internet connection: IP address of the station in the local network, IP address on the Internet, connection type.
View information about installed browsers: name, version.
View the cache size of your system and browsers.
Gateway manufacturer, Router connection type, Connection speed.
View information about your Internet service provider: Provider name.
View information about the WI-FI connection (if available): WI-FI network name, Signal level, Connection channel, WI-FI network mode.

7.2. The Copyright Holder provides the opportunity to use the Basic version of the Software free of charge, reserving the right to place any additional content of an informational and advertising nature within the specified version of the Program. The specified content does not affect the quality and speed of the Software and cannot be removed at the request of the User.

7.3. In accordance with the selected Tariff, the User may be provided with the following additional software functionality:

For PC:

View the main parameters of the device and operating system: processor model and its load, amount of RAM, video card model, operating system version, number of files in the system by data type and the size of these files, % of free space on the disk with the operating system.
Viewing the presence of vulnerabilities: the presence of installed programs, including antivirus software, programs in the startup list.
View information about the Internet connection: IP address of the station in the local network, IP address on the Internet, connection type.
View information about installed browsers: name, version.
View the cache size of your system and browsers.
View information about the installed router (if available): Gateway IP address, Gateway manufacturer, Router connection type, Connection speed.
View information about your Internet service provider: Provider name.
View information about the WI-FI connection (if available): WI-FI network name, Signal level, Connection channel, WI-FI network mode.
Generating a detailed report: about the availability of external resources via the current Internet channel, viewing the status of all established external connections, viewing statistics on the operation of all network interfaces, viewing running processes, viewing information in the hosts file.
Getting advice and assistance from a technical support specialist when contacting via the software interface chat
Removing files and installed programs.
Manage running processes and system services.
Clearing browser and system cache.
Access to router settings via software interface.
View Wi-Fi environment: Wi-Fi network signal level, channel, encryption type.
Management of startup program elements at system startup.
Text messaging and data exchange with an Artificial Intelligence (AI) model.
Generation/creation of data (text and graphic information) at the user's request using AI.
Translate user text with AI.
Creation of a secure and encrypted data transmission channel using standard operating system tools and with the introduction of appropriate settings in the software by the User, for the secure exchange of information via the Internet, including routing of Internet traffic through remote servers to protect data from unauthorized access.

For SM:

Generating a summary report on the volume of data in the Downloads folder on the device, counting the number of entries by data category: images, video files, audio files, cache.
Select one or more items to generate a summary report.
Delete data from one or more categories based on the results of generating a summary report.
Getting advice and assistance from a technical support specialist when contacting via the software interface chat.
Text messaging and data exchange with an Artificial Intelligence (AI) model.
Generation/creation of data (text and graphic information) at the user's request using AI.
Translate user text with AI.
Creation of a secure and encrypted data transfer channel using standard operating system tools and with the introduction of appropriate settings in the software by the User, for the secure exchange of information via the Internet, including routing of Internet traffic through remote servers to protect data from unauthorized access.

7.4. The description of the software functionality provided in this section is for informational purposes only. The Copyright Holder reserves the right to make changes/additions to the functionality of any Software Tariff at its own discretion and without special notice to the User. The User undertakes to independently monitor the current content of the Agreement.

8. Cost of software and payment procedure

8.1. Use of the Basic version of the Software is free for the User.

8.2. To gain access to additional functional capabilities of the software in accordance with the selected Tariff, the User must purchase an Access Code on the Site or from one of the official partners of the Copyright Holder.

8.3. The cost of the Access Code is determined by the Tariff and is indicated on the Site or in the Program. After the expiration of the paid period:

if the software is installed on a PC, the additional functionality of the software is suspended until the next payment is made. At the same time, the functionality of the Basic version remains available to the User in full under the terms of this Agreement;
if the software is installed on the SM, the software operation is suspended until the next payment is made

8.4. The User may pay for the selected Tariff using one of the payment methods specified on the Site/in the Program. The procedure for making payments is determined by the rules of the relevant payment system. All payment data provided by the User for online payment for the Software are entered into the portal of the relevant payment system in the window that pops up after the User selects the payment method and clicks the "Pay" button on the Site/in the Program, while the Copyright Holder does not gain access to the specified data, does not collect or process such data.

8.5. The Copyright Holder shall not be liable for any failure in the operation of payment system services or any delays in payment caused by such failure. Claims caused by the above circumstances and sent by the User to the Copyright Holder shall be forwarded to the address of the relevant payment system. Any disputes related to the incorrect operation of the payment system and failure to make a payment shall be resolved in accordance with the rules of the payment system and applicable law.

8.6. By making a payment on the Site, the Buyer confirms that he/she has familiarized himself/herself with the operation of the Software in the Basic version, is satisfied with the quality of the Software and intends to gain access to additional functional capabilities of the Software provided within the framework of the relevant Tariff.

8.7. A refund after payment has been made and the Access Code has been received is only possible if the additional software functionality purchased is found to be inoperative on the date of purchase, about which the User sends a claim with supporting documents attached. The claim is considered by the Copyright Holder in the manner established by the Agreement.

9. Rights and obligations of the Parties

9.1. The Copyright Holder undertakes to:

9.1.1. Provide the User with the opportunity to use the Software in accordance with the terms of this Agreement and download the Software to their own device.

9.1.2. Transfer non-exclusive rights (simple non-exclusive license) to download and use the Software under the terms of this Agreement.

9.1.3. Not to disclose the User's data, except in cases and in the manner stipulated by the legislation of the Russian Federation, this Agreement and the Privacy Policy.

9.2. The copyright holder has the right to:

9.2.1. Block the User's access to the Software if the Copyright Holder becomes aware of a violation of the rules for the acquisition and use of the Software, other terms of this Agreement, the Privacy Policy or the legislation of the Russian Federation.

9.2.2. Unilaterally change the functionality of the Software, make changes to the Privacy Policy and this Agreement.

9.2.3. Require the User to provide information confirming the proper use of the Software in accordance with the requirements of this Agreement.

9.3. The User undertakes to:

9.3.1. Pay the cost of the Tariff for the Software in accordance with the terms of this Agreement.

9.3.2. Regularly review the current version of the Privacy Policy and this Agreement and fully comply with them.

9.3.3. Ensure the safety of the password/access code/e-mail access and their protection from unauthorized access by third parties.

9.3.4. Use the Software only for personal purposes in the ways specified in this Agreement;

9.3.5. Provide the Copyright Holder with up-to-date and accurate information about yourself when registering on the Site/in the Program;

9.3.6. Refrain from copying in any form, as well as from supplementing, modifying, distributing the Site, software, its elements, including information, services, web design elements, graphic and software elements, etc.;

9.3.7. Comply with this Agreement, the legislation of the Russian Federation, the rights and interests of third parties;

9.3.8. If the installed system security settings on the User's PC/SM conflict with/prevent the proper operation of the software, change the specified settings. Otherwise, the software may not function or function incorrectly, and in this case the User's claims regarding the operation of the software will not be accepted by the Copyright Holder.

9.3.9. Fulfil other obligations stipulated by the Agreement and the legislation of the Russian Federation.

9.4. The User has the right to:

9.4.1. Use the Software under the terms of this Agreement.

9.4.2. To get acquainted with the information on the Site about the software/products of the Copyright Holder.

9.4.3. Receive information about the operation of the software, send questions and requests related to the operation of the software to the Copyright Holder’s support service;

9.4.4. Exercise other rights provided for by this Agreement.

10. Guarantees and liability

10.1. The Copyright Holder shall not be liable for any violations of the current legislation that have or may occur as a result of the actions/inactions of the User and any third parties. In the event that claims are made against the Copyright Holder by third parties in connection with the actions of the User, the latter is obliged to release the Copyright Holder from liability and settle such claims independently, as well as compensate for the losses incurred by the Copyright Holder due to the fault of the User, in full, including reimbursement of expenses related to the settlement of disputes, the imposition of sanctions by government authorities and in other cases.

10.2. The Copyright Holder ensures the confidentiality of information received from Users containing personal data, in accordance with the requirements of the Federal Law "On Personal Data" No. 152-FZ. Collection, processing, storage and use of the specified information is carried out by the Copyright Holder on the basis of the Privacy Policy (https://ithelper.ru/privacy-policy) in full compliance with the requirements legislation.

10.3. The Copyright Holder and the User are released from liability for full or partial failure to fulfill their obligations if such failure was a consequence of force majeure circumstances, as a result of extraordinary events that no one could have foreseen and prevented by reasonable measures.

10.4. The Copyright Holder shall not be liable for damage caused to Users as a result of their improper use of the Software, or for any consequences caused by the User’s failure to comply with the terms of this Agreement.

10.5. The Copyright Holder is not responsible for the content and functioning of websites that contain links to the Site.

10.6. The Copyright Holder shall not be liable for the actions of third parties aimed at distributing the Software if the said persons are not official partners of the Copyright Holder on the basis of signed license/sublicense agreements. Under no circumstances shall the Copyright Holder be liable for any harm caused to anyone in connection with the use of the Software acquired from such persons or through sources other than the Site, iOS, Android, AppGallery App Stores and the Copyright Holder's official partners.

11. Other conditions

11.1. This Agreement may be amended by the Copyright Holder at its discretion at any time without any prior notice. The current version of the Agreement is posted on the Site.

11.2. The invalidity of one or more provisions of the Agreement, recognized in the established manner by a court decision that has entered into force, does not entail for the Parties the invalidity of the agreement as a whole. In the event that one or more provisions of the Agreement are recognized as invalid in the established manner, the Parties undertake to fulfill the obligations assumed under the Agreement in a manner as close as possible to those implied by the Parties upon conclusion and/or agreed amendment of the Agreement.

11.3. This Agreement and the relationship of the Parties are governed by the legislation of the Russian Federation.

11.4. If any questions arise, the User has the right to contact the Copyright Holder’s employees by phone and/or by e-mail indicated on the Site.

11.5. Claims are sent electronically to the email address specified on the Copyright Holder's Website/User account, and are duplicated in writing to the address specified on the Website/User account if this information is provided by the User. The period for considering claims is 10 working days from the date of receipt of the claim. A response to the claim is sent to the details specified above.

11.6. All disputes between the parties under this Agreement shall be resolved by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach agreement between the parties through negotiations within 60 (sixty) calendar days from the moment the other party receives a written claim, the dispute shall be referred by any interested party to a court of general jurisdiction at the location of the Copyright Holder (excluding the jurisdiction of the case by any other courts).

11.7. This Agreement shall enter into force for the User from the date of the User's accession to it in the manner prescribed by this Agreement, and shall remain in effect until the User's Account is deleted from the Copyright Holder's system, regardless of the User's actions to use the functionality of the Software.