Terms of Service

About these Terms

These Terms cover the Service itself — your Account, your use of the app, and conduct at the Studio. They do not replace the Public Offer, which remains the binding contract for purchasing a Membership.

Pricing, payment, refunds, Membership validity and credit deduction are governed by the Public Offer. Where this document conflicts with it on those matters, the Public Offer prevails. The Public Offer is published in Ukrainian only.

1. These Terms apply to everyone who uses the Service, including visitors browsing the website without an Account.
2. Together with the Privacy Policy and the Public Offer, these Terms form the entire agreement between you and us regarding the Service.
3. Section headings are for convenience and do not affect interpretation.
4. If any provision is held invalid, the remaining provisions stay in force and the applicable statutory rule replaces the invalid one.

Definitions

These terms carry the same meaning as in the Public Offer.

Service

The FitnessArt app for iOS and the fitnessart.studio website.

Studio

The premises at 2 Novomostytska St, 2nd floor, Kyiv, Ukraine, and any other location expressly identified in the Service.

Account

Your personal profile in the Service, created with an email address, a phone number, an Apple ID or a Google account.

Membership

A paid entitlement to a defined package of Sessions. Purchase terms are set by the Public Offer.

Credit

The right to attend one Session; also called a visit in the app.

Session

A group or individual fitness class held at a scheduled time and led by a Studio instructor.

Booking

A confirmed reservation of a place at a specific Session.

Freeze Time

The moment one hour before a Session starts, after which self-service cancellation closes and a Credit is deducted.

Drop-in

One free first Session for a new user, without purchasing a Membership.

Accepting these Terms

1. By creating an Account, signing in, or using the Service, you confirm that you have read these Terms and agree to be bound by them.
2. If you do not agree with these Terms, please do not use the Service.
3. You may browse the website without an Account. Such browsing is subject to the provisions on acceptable use, intellectual property, liability and governing law.
4. The current version is always available at fitnessart.studio/en/terms. You can save or print it using the button at the top of the page.

Who may use the Service

1. You may use the Service and purchase Memberships on your own behalf if you are 18 or older.
2. A person aged 14 to 18 may use the Service and attend Sessions with the consent of a parent or other legal guardian, who enters into the contract and is responsible for payment.
3. We do not create Accounts for children under 14 and do not knowingly collect their personal data. If you believe a child has created an Account, write to info@fitnessart.studio and we will delete it.
4. By using the Service you confirm that you are not located in a country subject to an embargo or restrictions, and are not on any sanctions list that would prohibit you from using the Service.

Your Account

1. An Account is created with an email address and password, a phone number, Sign in with Apple, or Google. The sign-in method you choose determines what data we receive — see the Privacy Policy.
2. Provide accurate details and keep them up to date. The name you give is visible to Studio instructors in the list of people booked onto a Session.
3. Your Account is personal. Do not share access to it and do not use anyone else's Account.
4. You are responsible for keeping your password safe and for activity carried out through your Account. If you suspect unauthorised access, change your password immediately and tell us.
5. One person holds one Account. Creating multiple Accounts — in particular to claim the free Drop-in again — breaches these Terms.
6. You may ask us to delete your Account at any time — see “Suspension, termination and deleting your Account”.

Licence to use the app

1. We grant you a personal, non-exclusive, royalty-free, revocable licence to install and use the FitnessArt app on Apple devices that you own or control, in accordance with the App Store rules. The licence is not transferable.
2. The app is licensed to you, not sold. All rights not expressly granted to you under these Terms remain ours.
3. You may not: copy, modify or create derivative works from the Service; decompile or reverse-engineer it, except where the law expressly permits; transfer, rent or sublicense access; circumvent technical restrictions or protection measures; or use the Service to build a competing product.
4. Using the Service through automated means — scraping, bots, bulk requests — without our written consent is prohibited.

Memberships and payment

Purchasing a Membership is governed entirely by the Public Offer. This section only explains how it works in the Service and changes nothing in that contract.

1. Memberships are purchased in the app. Payment is processed by LiqPay; we never receive or store your full card number.
2. Price, validity period, number of Credits and included class types are shown before payment. By paying, you accept the Public Offer.
3. Refunds, the 14-day right of withdrawal and pro-rata recalculation are described in the Public Offer.
4. A Membership grants access to physical services at the Studio, so payment is taken outside the App Store in-app purchase system, as Apple's rules permit.
5. Promotions, discounts and loyalty programmes may carry their own conditions, which are shown together with the offer.

Bookings, Freeze Time and attendance

The rules for deducting Credits and cancelling Bookings are set by the Public Offer. Below is a short summary of how they work in the app.

1. You can book when you hold an active Membership covering that class type, have Credits remaining, a place is free, and Freeze Time has not yet passed.
2. Before Freeze Time you can cancel a Booking with no consequences — no Credit is deducted.
3. One hour before a Session starts, Freeze Time takes effect: self-service cancellation closes and one Credit is deducted. Not attending is not grounds for restoring it.
4. If no places are free you can join the waitlist. When a place opens up before Freeze Time, the first person in the queue is automatically given a confirmed Booking and notified.
5. Attendance is confirmed at the Studio. Please arrive in good time — arriving late may make safe participation impossible.
6. If the Studio cancels a Session, the deducted Credit is restored.

Acceptable use

The Studio is a shared space and Sessions run in small groups. These rules exist so that training is safe and comfortable for everyone.

At the Studio

• follow your instructor's directions and the safety, hygiene and fire-safety rules;
• use indoor training shoes and appropriate sportswear;
• treat the Studio's equipment and property with care;
• respect other visitors and do not disrupt a Session;
• do not attend a Session under the influence of alcohol or drugs;
• do not photograph or film other visitors without their consent;
• follow the air-raid alert procedures.

In the Service

• do not provide false information or impersonate anyone else;
• do not attempt to access other people's Accounts or parts of the Service not intended for you;
• do not upload material that breaks the law, infringes others' rights, or is abusive;
• do not interfere with the Service's operation or place an excessive load on it;
• do not use the Service to advertise to, or send messages to, other visitors.

Breaching these rules may result in being refused entry to a Session, or in your Account being suspended or terminated.

Health, Apple Health and the limits of our advice

1. Sessions at the Studio involve physical exertion. You decide for yourself whether you are able to take part.
2. The Service does not provide medical services or medical advice. Information in the app, including training statistics and activity metrics, is informational only and is not a diagnosis, treatment or a doctor's recommendation.
3. If you have a chronic condition or injury, are pregnant, or have recently had surgery, consult a doctor before starting and tell your instructor about any limitations.
4. Stop exercising immediately and tell your instructor if you feel pain, dizziness or difficulty breathing.
5. With your separate permission the app can read data from Apple Health (HealthKit) — workouts, heart rate and active energy — to show you your statistics. This data is processed on your device and is never sent to our servers, and is never used for advertising. You can revoke the permission at any time in iOS Settings.
6. Nothing in these Terms excludes our liability for harm to life or health caused by our fault or by unsafe equipment.

Notifications

1. We send service messages that the Service needs to function: booking confirmations, class reminders, waitlist promotions, class cancellations and payment status. These form part of the service.
2. You can turn push notifications off in iOS Settings. Important messages will then be sent to your email address.
3. We send marketing messages only with your consent; you can opt out at any time by writing to info@fitnessart.studio.

Intellectual property

1. The name “FitnessArt”, the logo, the design of the Service, its text, photographs, video and software are owned by us or used by us on a lawful basis.
2. You may use the Service for your own personal purposes. Any other use of our material — copying, publication, commercial use — requires our written consent.
3. If you send us feedback or a suggestion, you grant us the right to use it free of charge to improve the Service, without identifying you as its author unless you agree.
4. By uploading a profile photograph to the Service you confirm that you have the right to do so and permit us to display it within the Service.
5. If you believe the Service infringes your intellectual property rights, write to info@fitnessart.studio and we will look into it.

Availability and changes to the Service

1. We aim to keep the Service running without interruption but do not guarantee continuous availability: planned and unplanned outages are possible.
2. We may change, add to, or discontinue individual features of the Service. Where a change materially reduces the scope of services you have paid for, the Public Offer applies.
3. The app requires a compatible Apple device, a supported version of iOS and an internet connection. Mobile data charges are yours to pay.
4. We may end support for older versions of the app. Keep the app updated in order to use the Service.

Suspension, termination and deleting your Account

1. You may stop using the Service at any time by deleting the app from your device.
2. To delete your Account and the data associated with it, send a request to info@fitnessart.studio from the email address or phone number registered to the Account. We process requests without undue delay, normally within 30 days. The procedure is described in the Privacy Policy.
3. Deleting your Account does not automatically refund an unused Membership — submit a separate request under the Public Offer for that.
4. We may suspend or terminate your access to the Service if you materially or repeatedly breach these Terms, endanger the safety of other visitors, or use the Service unlawfully.
5. We will normally warn you first and give you a chance to put things right, except where delay would threaten safety or the abuse is obvious.
6. On termination we refund the value of services paid for but not delivered, unless the law provides otherwise.
7. We keep some data after your Account is deleted where the law requires it — in particular for accounting and tax purposes. Retention periods are set out in the Privacy Policy.

Liability

1. We are responsible for providing the services properly, in accordance with the law of Ukraine and the Public Offer.
2. We are not responsible for temporary unavailability of the Service or payment delays caused by a bank, the payment provider, a telecoms operator, Apple or other independent systems, but we will help you establish the status of your order.
3. We are not responsible for belongings left unattended, except where they were handed to us for safekeeping or the loss was our fault.
4. You are responsible for direct, documented damage to Studio property caused intentionally or through negligence.
5. Limitations of liability do not apply to harm to life or health, intentional breach, gross negligence, or any other case where the law prohibits limiting liability.
6. Nothing in these Terms limits your rights as a consumer under the law of Ukraine. Where a mandatory statutory rule gives you more rights than these Terms, that rule applies.

Personal data

How we collect, use and protect your data is described in the Privacy Policy, which forms an integral part of these Terms.

1. The data controller is Svitlana Ivanivna Rozdobudko, private entrepreneur (ФОП).
2. Apple Health data never leaves your device and is never sent to our servers.
3. Send questions about data processing and about exercising your rights to info@fitnessart.studio.

Third-party services

The Service runs on third-party infrastructure. By using the Service you also accept those providers' terms to the extent they apply to you.

• Apple — app distribution through the App Store, Sign in with Apple, Apple Health, push notifications;
• Google / Firebase — authentication, database, file storage, push notifications, analytics and crash reporting;
• LiqPay — processing Membership payments;
• Google Maps — the Studio location map on the website.

We do not control these services and are not responsible for their operation, but we choose providers carefully and pass them only the data needed for the relevant purpose. The list and its purposes are set out in the Privacy Policy.

Additional terms for the App Store

These provisions apply if you downloaded the app from the App Store. They are required by Apple's rules and supplement the rest of these Terms.

1. These Terms are concluded between you and us, not with Apple. Apple is not a party to these Terms.
2. We, not Apple, are solely responsible for the app and its content.
3. Apple has no obligation to provide any maintenance or support for the app. Direct any questions to us at info@fitnessart.studio.
4. The app is provided free of charge. If it fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app, if any was paid. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
5. We, not Apple, are responsible for addressing any claims relating to the app, including product liability, non-compliance with legal requirements, and consumer protection claims.
6. If a third party claims the app infringes its intellectual property rights, we, not Apple, are responsible for the investigation and resolution of that claim.
7. You represent that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not listed on any US Government prohibited-party list.
8. Apple and its subsidiaries are third-party beneficiaries of this section and have the right to enforce it against you.

Changes to these Terms

1. We may change these Terms. A new version is published on this page, stating its number and the date it takes effect.
2. We give advance notice of material changes — through the Service or to your email address.
3. By continuing to use the Service after a new version takes effect, you accept it. If you disagree, stop using the Service and, if you wish, delete your Account.
4. Changes do not worsen the conditions of a Membership you have already paid for without your consent, except where the law makes the change mandatory.

Governing law and disputes

1. These Terms are governed by the law of Ukraine.
2. We try to resolve disputes through negotiation. Write to us — we normally reply within 14 calendar days.
3. If we cannot reach agreement, you may contact the State Service of Ukraine for Food Safety and Consumer Protection, the Ukrainian Parliament Commissioner for Human Rights (for personal data matters), or the courts.
4. These Terms do not limit your right to choose the venue provided by law for consumer disputes.
5. Unclear or ambiguous provisions are interpreted in your favour as a consumer.

Contact and company details

For any question about the Service, these Terms or your Account, contact us:

Legal name

Svitlana Ivanivna Rozdobudko, private entrepreneur (ФОП Роздобудько Світлана Іванівна)

Tax number (РНОКПП)

3033512564

Registered address

Apt. 199, 45-A Yevropeiskoho Soiuzu Ave, Kyiv, Ukraine

Studio address

2 Novomostytska St, 2nd floor, Kyiv, Ukraine

Email

info@fitnessart.studio

Phone

+380 97 413 95 95

Website

fitnessart.studio