Terms of Use

CONTENTS
1. Acceptance of the terms and conditions
2. Service
3. Cost of services and payment procedure
4. Rights and obligations of the parties
5. Registration on the site. Security. Termination of the electronic cabinet. Deletion of information
6. Term of the agreement. Amendments and termination
7. Liability of the parties and dispute resolution
8. Circumstances that exist beyond the will of the parties
9. Other conditions
10. Personal information of the Client
11. Contacts

1. ACCEPTANCE OF THE TERMS AND CONDITIONS
1.1. The provisions of these Terms of Service (hereinafter referred to as the "Terms" and/or the "Agreement") govern the relationship between you (hereinafter referred to as the Client (you)) and the Individual Entrepreneur Korniushov Ivan Mikhailovich, 1 e-mail: [email protected]; website: https://intensfit.com (hereinafter referred to as the Contractor) regarding your use of the website and related services (online complex of sports and fitness services "INTENSFIT" (hereinafter also referred to as the Program) of the Contractor, including all information, text, graphics, software and services that you may use.
1.2. These Terms establish a legally binding contractual relationship between you and the Contractor. For this reason, PLEASE READ THESE TERMS of SERVICE CAREFULLY BEFORE USING THE SERVICE. The parties to these Terms are hereinafter referred to collectively as the Parties, and each individually as a Party.

1.3. Until concluded with a particular Client, these Terms have the status of the Contractor's offer. These Terms posted in electronic form on the Contractor's Website https://intensfit.com (hereinafter referred to as the Website) are an adhesion agreement, and therefore the Client Party may not offer its terms and conditions for inclusion in these Terms or offer to change the Terms. The Agreement shall be deemed concluded (shall enter into force) in electronic form from the moment of unconditional and full acceptance (agreement, Acceptance) by the Client of the terms of this Agreement, as evidenced by the Client's filling out and submission to the Contractor of an electronic questionnaire depending on the Program that the Client chooses and pays for (hereinafter referred to as the Questionnaire), and payment for the Program (actions that are considered acceptance of the offer to enter into the Agreement) by bank transfer, including but not limited to, through a bank payment system (for example, payment in UAH through the Fondy payment system), the link to which is contained on the Site. If, at the time of concluding the Agreement, the Client already has an electronic account on the Website and/or in the INTENSFIT Application, only payment for the Program selected by the Client in accordance with the procedure provided for in this clause will be considered Acceptance.

1.4. By joining these Terms, the Client hereby confirms that he/she has read the terms of this Agreement in full, has no reservations or objections to the terms of the Agreement and undertakes to properly fulfill the obligations imposed on him/her under this Agreement. This Agreement shall be concluded without the Parties signing written copies of the Agreement. Upon full and unconditional Acceptance, the Client is provided with electronic confirmation of the conclusion of the Agreement, in particular, access to the electronic cabinet on the Site and/or in the INTENSFIT Application (hereinafter referred to as the electronic cabinet), or the ability to activate the Program in the existing electronic cabinet.

1.5. This Agreement, concluded in compliance with the above conditions, shall be deemed to be equivalent in legal effect to an agreement concluded in writing. This Agreement may be concluded by the Contractor exclusively with a person who, according to the information provided, has no contraindications for physical education, sports and fitness, and has reached the age of 16. The data provided by the Client during the survey with his/her explicit consent to the processing of such data is confidential information that shall not be disclosed by the Contractor and/or his/her employees.

2. SERVICE.
2.1. Under the terms of this Agreement, the Client orders and undertakes to pay, and the Contractor undertakes to provide online sports and fitness services (hereinafter referred to as the Services) in the manner and on the terms provided for in this Agreement by providing access to the electronic cabinet.

2.2 Types of Programs under which the Contractor provides Services to the Client:

2.2.1. NUTRITION PERSONAL (unaccompanied nutrition);
2.2.2. NUTRITION UPGRADE (nutrition with a nutritionist);
2.2.3. NUTRITION PRO (nutrition with a dietitian);
2.2.4. ONLINE WORKOUTS (training with a coach);
2.2.5. WORKOUTS & NUTRITION (online training with a coach and nutrition with a nutritionist);
2.2.6. INTENSFIT LIVE (individual training via video);
2.2.7. WORKOUTS & NUTRITION PRO (online training with a coach and nutrition with a dietitian).

2.3. Under the terms of the "NUTRITION PERSONAL" Program, the Client is provided with the following online complex of sports and fitness services:
• access to the electronic cabinet for the duration of the Program;
• generated diet based on the Client's characteristics and preferences;
• individual calculation of calorie content of dishes, taking into account the Client's goal (to lose weight, build muscle mass, improve health);
• a varied meal plan for every day with the ability to choose your favorite dishes;
• automatic control and tracking of your results.
2.4. Under the terms of the "NUTRITION UPGRADE" Program, the Client is provided with the following online complex of sports and fitness services:
• access to the electronic cabinet for the duration of the Program. After the Client activates the subscription in the electronic cabinet, the nutritionist conducts a consultation lasting up to 15 minutes, during which additional information on nutrition, regimen, and the Client's goals for the program is clarified, the format of cooperation is explained, and the date of the Program start is agreed. If the Client does not wish to have a video call with a nutritionist, the Client may provide the information requested by the nutritionist in the chat. In this case, the Program activation is confirmed on the basis of the data provided by the Client in writing;
• an individual nutrition system formed by a nutrition professional, taking into account the wishes and characteristics of the Client;
• a varied meal plan for every day with the possibility of choosing favorite dishes;
• checking and adjusting each meal by a nutritionist (photo report). The check is carried out solely on the basis of photo reports received from the Client;
• online communication (chat) with a nutritionist on Program issues. The nutritionist communicates online about the Program during the time period (according to the time zone of the nutritionist's work):
• Monday - Friday: from 08:00 am to 20:00 pm;
• Saturday: from 09:00 am to 16:00 pm;
• Sunday: day off.

The Client agrees and understands that the nutritionist will answer his/her question within 10 hours from the moment the question is sent at a time convenient for the nutritionist, which is determined by the nutritionist unilaterally. The answer to the questions received from the Client after 20:00 pm shall be provided by the nutritionist the next day within the time period specified above. The answer to the questions received from the Client on Sunday is provided by the nutritionist on the next business day within the time period specified above. The nutritionist analyzes the Client's current day regimen (regarding the Client's compliance with nutritional recommendations) once a day, daily during the relevant day, and sends a report on the results of the monitoring (in any form) to the Client's electronic cabinet;
• analysis of the Client's achievements upon completion of the Program in the form of a report from a nutritionist (in any form).

2.5. Under the terms of the "NUTRITION PRO" Program, the Client is provided with the following online complex of sports and fitness services
• access to the electronic cabinet for the duration of the Program. After the Client activates the subscription in the electronic cabinet, the dietitian conducts a consultation lasting up to 15 minutes, during which additional information on nutrition, regimen, the Client's goal in the program is clarified and the format of cooperation is explained, the date of the Program start is agreed. If the Client does not wish to have a video call with a dietitian, the Client may provide the information requested by the dietitian in the chat. In this case, the Program activation is confirmed on the basis of the data provided by the Client in writing;
• an individual nutrition system formed by a dietitian, taking into account the wishes and characteristics of the Client;
• weekly online consultation with a dietitian lasting 30 minutes. The time and date of the consultation is agreed upon by the parties separately, no earlier than 02 days before the date of the consultation;
• checking and adjusting each meal by a dietitian (photo report). The check is based solely on the photo reports received from the Client;
• online communication (chat) with a dietitian on Program issues. The dietitian communicates online about the Program during the time period (according to the time zone of the nutritionist's work):
• Monday - Friday: from 08:00 am to 20:00 pm;
• Saturday: from 09:00 am to 16:00 pm;
• Sunday: day off.
The Client agrees and understands that the answer to his/her question shall be provided by the dietitian within 10 hours from the moment the question is sent at a time convenient for the dietitian, which is determined by the dietitian unilaterally. The answer to the questions received from the Client after 20:00 pm shall be provided by the dietitian the next day within the time period specified above. The answer to the questions received from the Client on Sunday is provided by the dietitian on the next business day within the time period specified above. The dietitian analyzes the Client's current day regimen (regarding the Client's compliance with nutritional recommendations) once a day, daily during the relevant day, and sends a report on the results of the monitoring (in any form) to the Client's electronic cabinet;
• analysis of the Client's achievements after completing the Program in the form of a report from a dietitian (in any form).

2.6. Under the terms of the "ONLINE WORKOUTS" Program, the Client is provided with the following online complex of sports and fitness services
• access to the electronic cabinet for the duration of the Program;
• individual training program. The number of training sessions per week is determined by the coach. After the Client activates the subscription in the electronic cabinet, the coach conducts a consultation lasting up to 15 minutes, during which additional information on nutrition, regimen, the Client's goals for the program is clarified and the format of cooperation is explained, the date of the Program start is agreed. If the Client does not want to have a video call with the coach, the Client has the right to provide the information requested by the coach in the chat. In this case, confirmation of the Program activation is based on the data provided by the Client in writing;
• video training. The coach forms each training session individually, taking into account the Client's physical condition, training experience, and goal. The type of training is determined by the coach. Training at home or in the gym. Workouts include a warm-up, the main part. Exercises to choose from with or without equipment;
• online communication (chat) with a personal coach on the Program. The personal coach communicates online about the Program during the time period (according to the time zone of the trainer's work):
• Monday - Friday: from 08:00 am to 20:00 pm;
• Saturday: from 09:00 am to 16:00 pm;
• Sunday: day off.

2.6.1. The "ONLINE WORKOUTS" program can be of the following duration:
• 01 calendar month, with the total number of individual trainings - 16 trainings;
• 02 calendar months, with the total number of individual trainings - 32 trainings.
2.7. Under the terms of the "WORKOUTS & NUTRITION" Program, the Client is provided with the following online complex of sports and fitness services
• access to the electronic cabinet for the duration of the Program;
• individual training program. The number of training sessions per week is determined by the coach. After the Client activates the subscription in the electronic cabinet, the Specialist conducts a consultation lasting up to 15 minutes, during which additional information about the Client's diet, regimen, goals for the program is clarified and the format of cooperation is explained, the date of the Program start is agreed. If the Client does not wish to have a video call with the Specialist, the Client may provide the information requested by the Specialist in the chat. In this case, the Program activation is confirmed on the basis of the data provided by the Client in writing;
• video training. Each training session is designed individually. Training sessions include a warm-up, main part and stretching;
• individual nutrition system: selection of a daily diet with a clear meal schedule;
• checking and adjusting each meal. The check is based solely on the photo reports received from the Client;
• online communication (chat) with a personal coach on the Program. The personal coach communicates online about the Program during the time period (according to the time zone of the coach's work):
• Monday - Friday: from 08:00 am to 20:00 pm;
• Saturday: from 09:00 am to 16:00 pm;
• Sunday: day off.

The Client agrees and understands that the answer to his/her question shall be provided by the coach within 10 hours from the moment the question is sent at a time convenient for the coach, which is determined by the coach unilaterally. The answer to the questions received from the Client after 20:00 pm shall be provided by the coach the next day within the time period specified above. The answer to the questions received from the Client during Sunday is provided by the coach on the next working day within the time period specified above. The trainer analyzes the Client's current day regimen (regarding the correctness of the Client's compliance with the recommendations on training, recovery and nutrition) once a day, daily during the relevant day, and a report on the results control (in any form) is sent to the Client in the electronic cabinet;
• analysis of the Client's achievements upon completion of the Program in the form of a report from the trainer (in any form).

2.7.1. The "WORKOUTS & NUTRITION" program can be of the following duration:
• 01 calendar month, with the total number of individual training sessions - 16 sessions;
• 02 calendar months, with the total number of individual trainings - 32 trainings.
2.8. Under the terms of the "INTENSFIT LIVE" Program, the Client is provided with the following online complex of sports and fitness services
• access to the electronic cabinet for the duration of the Program;
• individual training program. The coach forms each training session individually, taking into account the Client's physical condition, training experience, and goal. The type of training is determined by the trainer. Trainings are held via video conferencing platforms (Zoom, Google Meet). During the first training session, the coach provides a consultation lasting up to 15 minutes on safety issues, exercises, the Client's goals for the Program, etc. The training lasts 60 minutes and starts from the time agreed upon by the Client and the coach in the electronic cabinet. If the Client is late for the training session by the previously agreed time, the time of delay shall not be added to the training time, and the training duration in this case shall be equal to the time remaining from the previously agreed time period;
• control over the performance of exercises;
• online communication (chat) with a personal coach on Program issues. The personal coach communicates online about the Program during the time period (according to the time zone of the coach's work):
• Monday - Friday: from 08:00 am to 20:00 pm;
• Saturday: from 09:00 am to 16:00 pm;
• Sunday: day off.

The Client agrees and understands that the answer to his/her question shall be provided by the coach within 10 hours from the moment the question is sent at a time convenient for the coach, which is determined by the coach unilaterally. The answer to the questions received from the Client after 20:00 pm shall be provided by the coach the next day within the time period specified above. The answer to the questions received from the Client during Sunday is provided by the coach on the next working day within the time period specified above. The coach analyzes the Client's current day regimen (regarding the correctness of the Client's compliance with the recommendations on training, recovery and nutrition) once a day, daily during the relevant day, and a report on the results control (in any form) is sent to the Client in the electronic cabinet;
• analysis of the Client's achievements upon completion of the Program in the form of a report from the coach (in any form).
2.8.1. Under the “INTENSFIT LIVE” Program, there can be purchased 01 individual training session or 10 individual training sessions. The number of training sessions per week is determined by the coach. The "INTENSFIT LIVE" program for 10 individual workouts may include an individual nutrition system: selection of a daily diet with a clear meal schedule and portion sizes and support from a nutritionist (checking and adjusting each meal. The check is based solely on the photo reports received from the Client). The Client independently chooses/books a training session with the selected coach among the options offered in the electronic cabinet. The training time can be booked in advance.

2.8.2. The validity period of the activated “INTENSFIT LIVE” Program is:
• 01 individual training session - 01 calendar month from the date of activation, without the possibility of suspension;
• 10 individual trainings - 01 calendar month from the date of activation, with the possibility of suspending the Program in the manner prescribed by clause 4.1.3.1. of this Agreement;
10 individual trainings + individual nutrition system - 01 calendar month from the date of activation, with the possibility to suspend the Program in accordance with the procedure provided for in clause 4.1.3.1. of this Agreement.

2.9. Under the terms of the "WORKOUTS & NUTRITION PRO" Program, the Client is provided with the following online complex of sports and fitness services:
• access to the electronic cabinet for the duration of the Program;
• individual training program. The number of training sessions per week is determined by the coach. After the Client activates the subscription in the electronic cabinet, the coach and dietitian (each separately or together) conduct a consultation lasting up to 15 minutes, during which additional information on nutrition, regimen, the Client's goal in the program is clarified and the format of cooperation is explained, the date of the Program start is agreed. If the Client does not wish to have a video call with a trainer and/or dietitian, the Client may provide the information requested by the specialist in the chat. In this case, confirmation of the Program activation shall be based on the data provided by the Client in writing;
• video training. Each training session is designed individually. Training sessions include a warm-up, main part and stretching;
• an individual nutrition system developed by a dietitian, taking into account the wishes and characteristics of the Client;
• weekly online consultation with a dietitian lasting 30 minutes. The time and date of the consultation is agreed upon by the parties separately, no earlier than 02 days before the date of the consultation;
• checking and adjusting each meal by a dietitian (photo report). The check is based solely on the photo reports received from the Client;
• online communication (chat) with a personal trainer and/or dietitian;
A personal trainer and/or dietitian communicates online about the Program during the time period (according to the time zone of the trainer/ dietitian):
• Monday - Friday: from 08:00 am to 20:00 pm;
• Saturday: from 09:00 am to 16:00 pm;
• Sunday: day off.
The Client agrees and understands that the answer to his/her question shall be provided by the trainer/dietitian within 10 hours from the moment the question is sent at a time convenient for the trainer/ dietitian, which is determined by the trainer and/or dietitian unilaterally. The answer to the questions received from the Client after 20:00 pm shall be provided by the trainer/dietitian the next day within the time period specified above. The answer to the questions received from the Client on Sunday is provided by the trainer/dietitian on the next business day within the time period specified above. The trainer/ dietitian analyzes the Client's current day regimen (regarding the Client's compliance with the recommendations on training, recovery and nutrition) once a day, daily during the relevant day, and a report on the results control (in any form) is sent to the Client in the electronic cabinet;
• analysis of the Client's achievements upon completion of the Program in the form of a report from the trainer/ dietitian (in any form).

2.9.1. The "WORKOUTS & NUTRITION PRO" program can be of the following duration:
• 01 calendar month, with the total number of individual training sessions - 16 sessions;
• 02 calendar months, with the total number of individual trainings - 32 trainings.
2.10. The Client shall access the Program through the electronic cabinet. The electronic cabinet is created by the Client on the Website and/or in the INTENSFIT Application. The participants of the electronic cabinet are necessarily the Client, personal coach/ nutritionist / dietitian (depending on the type of Program) (hereinafter referred to as the Specialist). The services are provided to the Client exclusively through the use of the electronic cabinet, including, but not limited to, through the electronic cabinet, the Client receives recommendations from the Specialist, communicates with the group members, and monitors the results.
2.10.1 The INTENSFIT Application is available for download on the PLAY MARKET and AppStore platforms. The use of the INTENSFIT Application is mandatory when receiving the Services.
2.10.2. If for any reason the Client is unable to receive the Services through the INTENSFIT Application, the Services are available through the Client's electronic cabinet on the Website and vice versa.

2.11. The Program is activated in the following order: after the Client accepts the Agreement, the Contractor provides the Client with access to the electronic cabinet (login and password) (if there is no such password), the Client activates the Program. From that moment on, the Program is considered activated. Upon activation of the Program by the Client, the Specialist shall conduct a consultation within 24 hours. After the consultation, the Client and the Specialist determine the Program start date, after which the Specialist confirms the Program activation in the electronic cabinet. If the Client does not come for a consultation with the Specialist within 24 hours from the date of activation of the Program by the Client, the Specialist may confirm the activation after 24 hours. In this case, the confirmed date of Program activation will be the day/date following the expiration of the 24-hour period.

In case the Client purchases a Program that provides for the support of a Specialist, the Program start date may not be more than 03 calendar days from the date of activation of the Program by the Client.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1 The cost of the Contractor's Services under this Agreement is determined on the Website and/or in the INTENSFIT Application as of the date of payment for the Program.

3.2. Payment for the Contractor's Services in the amount provided for in clause 3.1. of these Terms shall be made in full by the Client in UAH, by bank transfer, including but not limited to, through a bank payment system (for example, payment in UAH through the Fondy payment system), the link to which is contained on the Site.

3.3. If within 14 calendar days after the Contractor provides the Client with access to the electronic cabinet and/or the possibility of activating the Program in the electronic cabinet in the manner prescribed by this Agreement, provided that the Program is purchased through the Site, the Client has not activated the Program Services for any reason beyond the Contractor's control, and has applied to the Contractor with a statement of withdrawal from the Agreement, such an application shall be satisfied by the Contractor, which entails the return by the Contractor to the Client of the amount of the cost of the Contractor's Services (minus the cost of bank services, according to the bank's tariffs) paid by the Client in the amount provided for in clause 3.1. of the Agreement.

3.4. The Client's application for withdrawal from the Agreement in the case provided for in clause 3.3. of these Terms shall be considered by the Contractor within 05 working days from the date of its receipt. Refunds are made exclusively to the Client's bank details from which the payment was made.

3.5. In case the Client applies to the Contractor with an application for withdrawal from the Agreement outside the terms stipulated in clause 3.3. of these Terms, such an application shall not be satisfied by the Contractor and shall not result in a refund. The Client shall send an application for withdrawal from the Agreement to the Contractor's e-mail address specified in this Agreement and exclusively from the Client's e-mail address specified in the Questionnaire when concluding the Agreement.

3.6. If the Client has activated the Program in the electronic cabinet, but for any reason beyond the Contractor's control is unable to train under the Program or follow the nutritional recommendations, the Client shall not be entitled to a refund of the amount paid for the Contractor's Services. After activation of the Program, the funds are not refundable under any circumstances.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Client has the right to:
4.1.1. require the Contractor to fulfill its obligations under the Agreement;
4.1.2. use the assistance of qualified specialists involved by the Contractor in the provision of the Services during the consumption of the Services;
4.1.3. suspend the Program (except for the NUTRITION PERSONAL Program) by using the appropriate function in the electronic cabinet under the following conditions:
4.1.3.1. in case of purchasing a subscription with a validity period of 01 month - no more than 2 times for a total period of up to 10 calendar days during the Program validity period;
4.1.3.2. in case of purchasing a subscription with a validity period of 02 months - no more than 4 times for a total period of up to 20 calendar days during the Program validity period;
Resumption of the Program after suspension occurs automatically upon expiration of the suspension period. The Client may renew the Program independently by using the appropriate function in the electronic cabinet.
4.1.4. require the Contractor to replace the coach (except for the INTENSFIT LIVE Program). The fact of dissatisfaction with the coach is not a ground for termination of the Agreement and refund. The coach is replaced on the basis of the Client's application within 48 hours from the moment the Client sends the application to the Contractor's e-mail address specified in Section 11 of these Terms. The Client has the right to replace the coach with a coach whose cost of services is equal to or less than the cost of the coach's services already paid by the Client. In case of replacement of the coach whose cost of services is less than the cost of the coach's services already paid by the Client, the difference in the cost of services shall not be refunded to the Client;
4.1.5. not to send photos of dishes for control to the Specialist if there is no wish. At the same time, the Contractor's services for food control in this case will be considered provided in full and the Customer will not have any claims against the Contractor in this regard;
4.1.6. leave a review of the Program by adding a photo of your results, which the Contractor has the right (solely at its own discretion) to post in the INTENSFIT Application and on the Website, as well as on its social networks (for example, but not exclusively, Instagram, Facebook, Twitter, YouTube). The Client agrees and understands that by posting a review with his/her before and after photos, the Client thereby gives his/her consent to the publication of the Client's photos and results by the Contractor. The Client's review of the specialist's work with a value of 3 or less will be displayed as anonymous and will be taken into account in the rating;
4.1.7. to be late for a training session/meeting with a specialist of the Contractor, the time of which was agreed in advance, by 15 minutes in the INTENSFIT LIVE Program. From the 16th minute of delay, the Contractor's Services shall be considered provided in full;
4.1.8. on the INTENSFIT LIVE Program, no later than 10 hours in advance, cancel the training session, the time of which was agreed in advance, using the appropriate function in the electronic cabinet;
4.1.9. delete the electronic cabinet. If the Client deletes the electronic cabinet, access to it will be lost, and existing active or purchased subscriptions will automatically terminate. In this case, the funds shall not be refunded to the Client.

4.2. The Client undertakes to:
4.2.1. activate the Program within 30 calendar days from the date of its purchase and familiarize themselves with the rules of the electronic cabinet. Within 60 calendar days from the date of purchase of the Program, the Client shall use (start receiving Services under the Agreement in case the Program is purchased for a period of 06 months or 01 year) Services of the Contractor. In case of violation of the Program activation terms provided for in this clause, the use of the Program becomes impossible;
4.2.2. consult a doctor before payment and before gaining access to the electronic cabinet and not use the Program recommendations without obtaining permission from the doctor. The Client may not participate in the Program in case of pregnancy, problems with the cardiovascular system, respiratory or nervous systems, musculoskeletal system, and other health disorders or contraindications;
4.2.3. notify the Contractor of any health problems and medical contraindications to physical activity. Concealment of information about the actual state of health releases the Contractor from liability for possible harm to the Client's life and/or health as a result of training under the Program and/or as a result of compliance with the Program recommendations;
4.2.4. follow the nutritional recommendations of the Program, taking into account their own health;
4.2.5. perform training sessions under the Program, taking into account their own health;
4.2.6. not to provide third parties with access to the electronic cabinet for use;
4.2.7. familiarize yourself with the Program recommendations on a daily basis;
4.2.8. stop following the Program recommendations in case of any discomfort, contraindications, health problems or pain and immediately consult your doctor;
4.2.9. stop performing the Program exercises in case of any discomfort, contraindications, health problems or painful sensations and immediately consult your doctor;
4.2.10. not to take actions aimed at misleading the Specialist or other participants of the electronic cabinet;
4.2.11. not to conclude the Terms on behalf of/instead of another person, except in cases of obtaining the appropriate authority to do so in accordance with the procedure provided for by the current legislation of Ukraine;
4.2.12. not to download, store, publish, distribute and provide access to or otherwise use any information that:
• contains threats, discredits, insults, degrades the honor and dignity or business reputation or violates the privacy of other users or other third parties
• violates the rights of minors;
• is vulgar or obscene, contains foul language, contains pornographic images and texts or scenes of a sexual nature;
• contains scenes of violence or inhuman treatment of animals;
• contains a description of means and methods of suicide, any incitement to commit it;
• promotes and/or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
• contains extremist materials;
• promotes criminal activity or contains advice, instructions or guidelines for the commission of criminal acts;
• contains information of limited access, including, but not limited to, state and commercial secrets, information about the private life of third parties;
• contains advertising;
• contains links to third-party resources;
• is fraudulent in nature;
• is the intellectual property of third parties who did not authorize the Client to use it, and violates other rights and interests of individuals and legal entities or legal requirements (including the posting of photos and videos with a person as the main object, unless the person has given consent to the posting of photos or videos with their participation in the electronic cabinet);

4.2.13. not to use any computer programs for automated collection of information in the electronic cabinet;
4.2.14. not to illegally collect, systematize, store or disseminate personal information of other users;
4.2.15. not to try to gain access to the electronic cabinet of another Client in any way, including, but not limited to, by fraud, abuse of trust, selection of login and password, etc;
4.2.16. not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the electronic cabinet;
4.2.17. not to disrupt the proper functioning of the electronic cabinet;
4.2.18. not to bypass the navigation structure of the electronic cabinet in any way to obtain or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of this electronic cabinet;
4.2.19. not to perform a reverse search, track or attempt to track any information on any other Client of the Contractor;
4.2.20. not to use the electronic cabinet and its contents for any purpose prohibited by the legislation of Ukraine, as well as to incite other persons to any illegal activity or other activity that violates the rights of the Website;
4.2.21. independently resolve with banking institutions/payment systems the issue of non-receipt of payment for the Program to the Contractor's account. In case of non-receipt of funds from the Client and its account, the Contractor shall not be liable;
4.2.22. provide Internet connection on its part. In case of problems with the Internet on the part of the Client, the Contractor shall not be liable, the Services shall be considered rendered;
4.2.23. the Services are provided from 08:00 am to 20:00 pm in the time zone of the Client's location. The Client is obliged to control the change of time zones and ensure his/her presence at the trainings on time.

4.3. The Contractor has the right to:
4.3.1. require the Client to pay the cost of the Services in accordance with the terms of the Agreement;
4.3.2. require the Client to comply with all terms of the Agreement;
4.3.3. terminate the Agreement unilaterally, which entails the termination of the provision of Services to the Client in case of non-fulfillment or gross violation of the terms of the Agreement. In this case, the severity of the violation is determined by the Contractor unilaterally;
4.3.4. disclose any information collected about the Client, if disclosure is necessary in connection with an investigation or complaint regarding the misuse of the electronic cabinet or to establish (identify) a Client who may violate or interfere with the rights of the Contractor or the rights of other Clients;
4.3.5. disclose any information about the Client that it considers necessary to comply with the provisions of applicable law or court decisions, ensure compliance with the terms of these Terms, protect the rights or safety of the Clients;
4.3.6. disclose information about the Client if the current legislation of Ukraine requires or permits such disclosure;
4.3.7. without prior notice to the Client, terminate and (or) block access to the electronic cabinet if the Client has violated this Agreement, as well as in case of termination of the electronic cabinet or due to technical problems or problems;
4.3.8. in case of detection of an electronic account used by more than one user, such electronic account will be blocked without refund, and the organizers and participants of such use will be blacklisted and will not be able to purchase the Program in the future;
4.3.9. publish photos before/after the Clients in the cases provided for in this Agreement.

4.4. The Contractor undertakes:
4.4.1. to confirm the conclusion of this Agreement, provide the Client with access to the electronic cabinet;
4.4.2. provide the Client with the Services paid for by him/her.

5. REGISTRATION ON THE SITE. SECURITY. TERMINATION OF THE ELECTRONIC CABINET. DELETION OF INFORMATION

5.1. Registration of the Client on the Website and/or in the INTENSFIT Application is carried out by filling out the Questionnaire. Upon initial registration on the Site, payment, the Client is granted access to the electronic cabinet.

5.2. The Client undertakes to provide accurate, complete and precise information about himself/herself in the Questionnaire and to keep this information up to date.

5.3. The Client agrees that he/she is personally liable to the Contractor for all actions taken when using his/her (the Client's) electronic cabinet.

5.4. In case the Client becomes aware of any unauthorized use of his/her electronic cabinet, the Client undertakes to immediately notify the Contractor by sending a corresponding e-mail.

5.5. The Client agrees that the Contractor reserves the right to terminate the Client's electronic cabinet and/or block the Client's access to the electronic cabinet at any time without prior notice to the Client and without giving a reason in the following cases
• violation of the provisions of this Agreement, its parts and annaxes;
• at the request of public authorities, in accordance with applicable law;
• in other cases, if the Contractor deems such deletion necessary.
5.6. The Client has the right to refuse to use his/her electronic cabinet and delete it at any time.

5.7. Termination of the Client's electronic cabinet provides for
• deletion of the Client's access to the personal part of all services of the electronic cabinet;
• deleting the password and freeing the Client's mailbox from letters, files and deleting personal settings.

6. TERM OF THE AGREEMENT, AMENDMENTS AND TERMINATION

6.1 This Agreement shall enter into force on the date of confirmation of the Program activation date by the Specialist (except as provided herein) and shall be valid for the duration of the Program, subject to the provisions of clause 4.2.1 hereof. The term of the Agreement may be extended in case of suspension of the Program in accordance with the procedure and on the terms provided for in this Agreement, solely for the duration of such suspension. The extension occurs automatically after the expiration of the suspension period and takes place on the next date following the date of the last day of the suspension.

6.2. This Agreement may be terminated by unilateral withdrawal from it, solely in the cases provided for in this Agreement.

6.3. The loss and/or failure of the Client's technical means shall not be grounds for termination of this Agreement, but the Client shall have the right to suspend the Program in the manner and under the conditions provided for in this Agreement.

6.4. In the event of early termination of this Agreement at the initiative of the Contractor and on the grounds specified in this Agreement, it is considered that the Client has received the Services, and the Contractor is considered to have provided them properly and in full. The Contractor shall have the right to unilaterally terminate this Agreement by notifying the Client in writing or electronically at its sole discretion (by sending a written letter or e-mail). Termination of the Agreement shall result in blocking the Client's access to the electronic cabinet.

6.5. The Contractor shall have the right to unilaterally amend this Agreement by notifying the Client in writing or electronically at its sole discretion (by sending a written letter or e-mail, or by posting information on the Contractor's Website). No individual notification of the Client or signing of additional agreements or any other annexes to this Agreement is required for the amendments to the Agreement to enter into force. Amendments to the Agreement shall enter into force upon sending a written letter or e-mail, or posting information on the Contractor's Website.

6.6. The Client is aware of and accepts the fact that the Contractor has the right to change the interface and operation of the Client's account without the Client's consent, to expand, change and improve the range of Services provided under the Program, to clarify and change the name of the Program. In particular, in order to improve the quality of the Services, the Contractor will periodically modify the Website and/or the INTENSFIT Application, update the content and make other changes. At the same time, the Contractor shall not be responsible for the availability of the electronic cabinet after changes made to the Client's technical device. The Contractor will periodically change the cost of access to the electronic cabinet, hold promotions. The Contractor will notify the Client within a reasonable time of any price changes by publishing new changes in the electronic cabinet and/or on the Website and/or in the INTENSFIT Application.

7. RESPONSIBILITY OF THE PARTIES AND DISPUTE RESOLUTION

7.1. All disputes that may arise in connection with the performance of the Agreement or related thereto shall be resolved through negotiations between the Parties or their authorized representatives. If the dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with the established jurisdiction of such dispute in the manner prescribed by the current legislation of Ukraine.

7.2. For breach of the Agreement, the Parties shall be liable as set forth herein and in the current legislation of Ukraine. The Parties shall not be liable for breach of their obligations under the Agreement if it occurred through no fault of their own. A Party shall be deemed innocent if it proves that it has taken all measures in its power to properly fulfill its obligation.

7.3. The Contractor shall not be liable for any negative consequences that may occur if the Client has contraindications to receive the Services for health reasons. In case the Client conceals information about his/her health condition from the Contractor, which may lead to any kind of damage to the Client, the Client who concealed the information shall be fully liable to the Contractor for such actions.

7.4. In all cases, the implementation of the Program recommendations is carried out by the Client at their own risk. The Contractor and the coaches are not responsible for any possible damage, including damage to property and/or health, which may be caused by the use of any Program materials. By participating in the Program, the Client assumes full responsibility for any consequences.

7.5. The Client is solely responsible for any use of the information provided in the electronic cabinet.

7.6. The Client is solely responsible to third parties for their actions or inaction when using the electronic cabinet.

7.7. The Client undertakes to settle all claims of third parties related to the Client's action or inaction when using the electronic cabinet at his own expense.

7.8. Unless the Client proves otherwise, any actions performed using his/her electronic cabinet shall be deemed to have been performed by this Client.

7.9. In case the Client posts information in the electronic cabinet or performs other actions that do not comply with the terms of the Agreement, the Contractor has the right to delete all or part of the information posted by the Client without notice, at its sole discretion, including information for which it is difficult to determine its compliance with the Agreement and/or the law.

7.10. In case of violation of the terms of these Terms, the Contractor has the right to block the Client's access to the electronic cabinet and/or delete the Client's electronic cabinet without prior notice.
7.11. The Contractor shall not be liable for the use by third parties of information posted by the Client in the electronic cabinet, including its copying, reproduction and distribution, carried out both within the electronic cabinet and in other possible ways.

7.12. The Contractor shall not reimburse any damages, direct or indirect, caused to the Client or third parties as a result of the use or non-use, including the inability to use, of the electronic cabinet.

7.13. The Contractor does not assume any obligations to verify, modify and control the information posted by anyone in the electronic cabinet, does not guarantee and is not responsible for the accuracy of the information, its legality, quality and compliance with the specific requests and needs of the users of the electronic cabinet.

7.14. The Contractor shall not be responsible for the content of websites that do not belong to it, links to which may be present in the electronic cabinet, and does not guarantee their availability, correct operation and compliance with the stated subject matter.

7.15. The Contractor shall not be liable for delays or failures in the process of the transaction resulting from force majeure, as well as any case of malfunctions in telecommunication, computer, electrical and other related systems.

7.16. The Contractor shall not be liable for the actions of transfer systems, banks, payment systems and for delays associated with their operation.

7.17. The Contractor shall not be liable for the proper functioning of the electronic cabinet if the Client does not have the necessary technical means for its use, including if the Client's technical means do not meet the technical characteristics necessary for the proper functioning of the electronic cabinet specified in clause 9.11. of this Agreement, and shall not bear any obligations to provide the Clients with such means.

7.18. The Contractor shall not be liable to the Client or third parties for termination of access to the electronic cabinet in case of violation by the Client of any provision of this Agreement or other document containing the terms of use of the electronic cabinet.

8. CIRCUMSTANCES THAT EXIST BEYOND THE WILL OF THE PARTIES

8.1. The Parties shall not be liable for non-fulfillment or improper fulfillment of the terms of this Agreement if such non-fulfillment or improper fulfillment is the result of circumstances beyond the Parties' control. The Parties agree that the circumstances beyond the Parties' control include, but are not limited to: threat of war, armed conflict or serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, acts of a foreign enemy, general military mobilization, military operations, declared and undeclared war, acts of a public enemy, riots, acts of terrorism, sabotage, piracy, riots, invasion, blockade, revolution, rebellion, insurrection, mass disorder, curfew expropriation, forced seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, illegal actions of third parties, explosion, long interruptions in the operation of transport regulated by the terms of the relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import, etc., as well as caused by exceptional weather conditions and natural disasters, namely epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.; decisions of state authorities that impede or make it impossible for the Contractor to fulfill its obligations under the Agreement and/or that significantly worsen the Contractor's position compared to the terms of this Agreement and/or that, in the Contractor's opinion, cause the Client a significant negative impact on the performance of this Agreement; situations that significantly affect the Contractor's ability or inability to fulfill its obligations under the Agreement. For the period of existence of circumstances beyond the will of the Parties, the Party affected by such circumstances shall be released from the obligations under this Agreement. The Contractor shall not be liable for the negative consequences and other circumstances listed in this clause of the Agreement, the occurrence of which is beyond the will of the Contractor. The Contractor may confirm the existence of circumstances beyond the will of the Parties with any document duly executed, which has a reference and confirmation of such circumstances.

8.2. The Parties are aware that such circumstances make it impossible to provide the Services and shall not be grounds for termination of the Agreement.

9. OTHER TERMS AND CONDITIONS

9.1. When providing the Services, the Contractor is guided by the information received from the Client, which is taken into account as indisputable, truthful and reliable, including that the Client has no contraindications for physical education, sports and fitness.

9.2. The Client guarantees that he/she is in a physical condition that allows him/her to perform active and passive physical exercises and that physical activity will not harm his/her health. The Client hereby relieves the Contractor of all responsibility for his/her health.

9.3. The Client is personally responsible for his/her health and medical examinations.

9.4. The Client has no right to take screenshots while using the electronic cabinet. Such actions will be regarded as an infringement of the Contractor's copyright.

9.5. By entering into this Agreement, the Client confirms that he/she is familiar with the list and scope of the Services, the procedure for their provision, as well as with all information necessary for the full consumption of the Services.

9.6. The Client declares that he/she is aware that the Contractor does not provide medical services (health assessment, monitoring and control of health, etc.). Any and all consultations provided by the Contractor's representatives are for guidance only and are not a medical service.

9.7. By entering into the Agreement, the Client is aware that none of the reasons related to his/her personal life, including, but not limited to, pregnancy, shall be a ground for changing the Program term, its early termination or postponement of the expiration date, including the grounds for refunding the funds (in whole or in part) paid by the Client under the Agreement.

9.8. The Contractor guarantees that participation in the Program is confidential. All data provided by the Client shall be kept confidential. The Client's results and photos are published only with the Client's consent. By posting his/her before and after photos in the electronic cabinet, the Client hereby gives his/her consent to the Contractor's publication of his/her photos and results, including, but not limited to, in the Contractor's Instagram, Facebook, Twitter, YouTube accounts. The Client undertakes to maintain the confidentiality of the information received by them in the process of using the electronic cabinet. All information regarding the Program, the Contractor, services and other data that has become known to the Client is considered confidential. The Client undertakes not to disclose confidential information to third parties without the consent of its rights holder, except at the request of authorized state bodies and/or only in cases and in the manner prescribed by law. If the Client fails to comply with the above requirements, if this has resulted in unlawful disclosure of confidential information, the right holder of confidential information shall have the right to hold the Client liable in accordance with the procedure established by law and to demand compensation for the damages in full.

9.9. All materials of the Program are subject to copyright and may not be copied or distributed in any way. In particular, the INTENSFIT Website and Application contains intellectual property items such as audiovisual works, texts, images, trademarks, logos, compilations (collection and systematization of information), data, software, etc. By purchasing the Program, the Client does NOT acquire any rights to the above-mentioned intellectual property. The right to use and dispose of intellectual property objects, program content (except for the Client's content) belongs exclusively to the Contractor. In this regard, the Client is prohibited from any use, disposal, sale, decompilation, reverse engineering, disassembly, translation of intellectual property contained in the application. For its part, the Contractor does not claim ownership of texts, photos, videos, data and other materials posted by the Client as a user of the electronic cabinet. They are and remain the intellectual property of the Client. At the same time, by posting their materials and data in the electronic cabinet, the Client agrees to their storage and use by the Contractor. Namely, a non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the Client's content. In addition, by using the Program, the Client agrees that all information transmitted by him/her to the electronic cabinet or with its use cannot and should not be considered confidential or private.

9.10. After the expiration of the Agreement/Program, the Program materials become unavailable.

9.11. The Client agrees to receive information, advertising and other types of mailings from the Contractor via SMS to the Client's phone number, as well as to his/her e-mail address, to receive push notifications from the Contractor and undertakes not to make any claims and demands to the Contractor related to the implementation of such mailings. If the Client does not want to receive mailings (except for push notifications), he/she should write a refusal to receive mailings to the mail. Upon receipt of such a refusal, the Contractor undertakes to exclude the Client's address from the mailing list.

9.12. The electronic cabinet on the technical device functions properly provided that the mobile operating system Andriod is not lower than version 7.0; the mobile operating system iOS is not lower than version 12.0.

10. PERSONAL INFORMATION OF THE CLIENT

10.1. For the purpose of drawing up a training program, as well as for other purposes specified in detail below, the Contractor shall collect, store, protect, process and disseminate information about the Client (the Client's personal data) in the manner provided for below.

10.2. The Client's personal data is stored in the Contractor's personal data base with the right to use it by the Contractor, until it is withdrawn at the Client's written request. The Contractor shall not knowingly collect and process personal data of persons under the age of 16. If the Client becomes aware that someone under the age of 16 has provided their personal data to the Contractor, the Client shall notify the Contractor to the e-mail address specified in Section 11 of this Agreement.

10.3. The Contractor shall treat confidential information of any person who has become a Client with respect and responsibility. By agreeing to this Agreement, the Client gives his/her unambiguous and unconditional consent to the processing (including collection and use) of information about himself/herself provided by him/her personally, including when filling out the Questionnaire, in accordance with the provisions of the Law of Ukraine "On Personal Data Protection" and the Contractor's policy on personal data protection. In addition, the Client agrees that the Contractor may collect, use, transmit, process and maintain the information provided by the Client in order to provide the relevant services. The Client agrees that the Contractor shall have the right to provide all the Client's personal data to the state authorities in accordance with their requests, as well as in the absence of such requests, but in cases where the Contractor is obliged to do so in accordance with the current legislation of Ukraine.

10.4. The Contractor undertakes to collect only the personal information that the Client provides voluntarily in the event that the information is required to provide (improve) services to the Client.

10.5. The Contractor collects both basic personal data, such as name, surname, patronymic, address and e-mail address, and secondary (technical) data.

10.6. In accordance with these Terms, the Client's personal data includes:
• standard data automatically received by the http server when accessing the Program;
• data provided by the Client, including, but not limited to, the following: health, e-mail addresses, names, contact information
• other information received or generated when accessing the Program using various tools, including cookies: statistics of views of the pages of the electronic cabinet, accounting of the amount of information received and transmitted.

10.7. The Contractor shall have the right to use the services of third parties to collect information about the Client's electronic cabinet using cookies in order to improve the electronic cabinet and its services.

10.8. The Contractor uses various tools to protect the Client's personal data from unauthorized access or disclosure. At the same time, the Contractor does not give guarantees and is not responsible for the actions of third parties who have unlawfully accessed confidential information about Clients, and also reserves the right to use and disclose certain information from the Client's personal data in connection with potential or existing conflicts and legal cases, as well as in cases where it is necessary to protect rights.

10.9. Access to the Client's personal data shall be granted to:
• persons whose rights and obligations to access the relevant information are established by the legislation of Ukraine;
• persons and organizations that provide support for the services and services of the electronic cabinet to the extent necessary to provide such support.

10.10. The rights of the Client as a subject of personal data. The Client has the right:
• to receive information about the location of the Contractor as the owner/manager of his personal data;
• require the Contractor to clarify their personal data;
• apply the legal remedies provided by law in case of violation of the legislation on personal data protection.

10.11. The Client agrees that the confidentiality of the data transmitted via the Internet is not guaranteed if access to this data is obtained by third parties outside the area of technical means of communication controlled by the Contractor, the Contractor shall not be liable for damages caused by such access.

10.12. The Contractor may use any information collected through the electronic cabinet in order to improve the content of the electronic cabinet, finalize it, transfer information to the Client (upon request), for marketing or research purposes, as well as for other purposes that do not contradict the provisions of the current legislation of Ukraine.

11. DETAILS OF THE CONTRACTOR
Individual entrepreneur
Korniushov Ivan Mykhailovych
e-mail: [email protected];
website: https://intensfit.com

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