Public Offer Agreement

1. Definitions

• 1.1. Public Offer (hereinafter — the "Offer") — a public proposal by the Seller, addressed to an indefinite number of persons, to enter into a purchase and sale agreement for goods by remote means (hereinafter — the "Agreement") on the terms set out in this Offer.
• 1.2. Product or Service — the subject of the parties' agreement, selected by the buyer on the service page.
• 1.2. Service — a training course presented as an exercise schedule, recommendations for their performance, and any related text, photo, video, and audio materials posted at https://fitnessfeel.com.ua. Access to the Service is provided by entering into purchase and sale agreements for access to the Service based on the Buyer's review of the description of the Service proposed by the Seller via the Internet.
• 1.3. Buyer — a capable individual who receives information from the Seller, places an order for a subscription to use the service presented on the website for purposes not related to entrepreneurial activity, or a legal entity or individual entrepreneur.
• 1.4. Seller — Individual Entrepreneur "LYSENKO F.B." (identification code 3633511334), established and operating in accordance with the current legislation of Ukraine, located at: Ukraine, Kremenchuk, Pershotravneva St., 44.

2. Subject of the Agreement

• 2.1. The Seller undertakes to transfer the Product for use to the Buyer, and the Buyer undertakes to pay for and accept the Product on the terms of this Agreement.
• 2.2. The date of conclusion of the Offer Agreement (acceptance of the offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is considered the date of payment by the Buyer of the invoice located on the Service website, provided that the Buyer receives order confirmation from the Seller in electronic form. If necessary, at the Buyer's request, the Agreement may be executed in written form.

3. Order Placement

• 3.1. The Buyer independently places an order in the Service through the "Buy Program", "Buy Course", "Subscribe", or "Get Subscription" form, or by placing an order through the contact details listed on the "Support" page.
• 3.2. The Seller has the right to refuse to transfer rights to use the Service to the Buyer if payment was not actually made or raises doubts about its validity.
• 3.3. The name, quantity, article number, and price of the Product (subscription) selected by the Buyer are indicated in the Buyer's invoice on the Service website.
• 3.4. If either party to the agreement needs additional information, it has the right to request it from the other party. If the Buyer fails to provide the necessary information, the Seller is not responsible for providing quality service to the Buyer when purchasing goods in the online store.
• 3.5. When placing an order through the Seller's operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clause 3.3 of this Offer.
• 3.6. Acceptance by the Buyer of the terms of this Offer is carried out by entering the relevant data in the invoice on the Service website or when placing an Order through the operator. After placing an Order through the Operator, the Buyer's data is entered into the Seller's database.
• 3.7. The Buyer is responsible for the accuracy of the information provided when placing an Order.
• 3.8. By entering into the Agreement, i.e., accepting the terms of this proposal (the proposed terms for purchasing the Product) by placing an Order, the Buyer confirms the following:
  • The Buyer is fully familiar with and agrees to the terms of this proposal (offer);
  • They give permission for the collection, processing, and transfer of personal data; permission to process personal data is valid for the entire term of the Agreement, as well as for an unlimited period after its expiration. In addition, by entering into the agreement, the Buyer confirms that they have been informed (without additional notice) of the rights established by the Law of Ukraine "On Personal Data Protection", about the purposes of data collection, and that their personal data is transferred to the Seller for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access to and transfer their personal data to third parties without any additional notice to the Buyer for the purpose of fulfilling the Buyer's order. The scope of the Buyer's rights as a personal data subject under the Law of Ukraine "On Personal Data Protection" is known and understood by them.

4. Price and Delivery of the Product

• 4.1 Prices for Products and services are determined by the Seller independently and are indicated on the Service website. All prices for Products and services on the website are indicated in US dollars at the exchange rate of the National Bank of Ukraine, including VAT.
• 4.2 Prices for Products and services may be changed by the Seller unilaterally depending on market conditions. However, the price of an individual unit of Product, the cost of which has been fully paid by the Buyer, cannot be changed by the Seller unilaterally.
• 4.3. The Buyer's obligations to pay for the Product are considered fulfilled from the moment funds are received in the Seller's account.
• 4.4. Settlements between the Seller and the Buyer for the Product are made by the methods specified on the Service website in the "Subscription" section.
• 4.5. Ownership and the risk of accidental loss or damage of access to the Product pass to the Buyer or their Representative from the moment the Buyer receives the Product.

5. Rights and Obligations of the Parties

• 5.1. The Seller undertakes to:
  • 5.1.1. Transfer the Product to the Buyer in accordance with the terms of this Agreement and the Buyer's order.
  • 5.1.2. Not disclose any private information about the Buyer and not provide access to this information to third parties, except in cases provided by law and when fulfilling the Buyer's Order.
• 5.2. The Seller has the right to:
  • 5.2.1 Change the terms of this Agreement, as well as prices for Products and services, unilaterally by posting them on the Online Store website. All changes take effect from the moment of their publication.
• 5.3. The Buyer undertakes to:
  • 5.3.1 Before entering into the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement, and the prices proposed by the Seller on the Online Store website.
  • 5.3.2 To enable the Seller to fulfill its obligations to the Buyer, the latter must provide all necessary data that uniquely identifies them as the Buyer and is sufficient for delivery of the ordered Product to the Buyer.

6. Return of the Product

• 6.1. Return of the Product by the Seller to the Buyer is not provided for under this agreement.
• 6.2. The Buyer does not have the right to refuse a product of proper quality that has individually defined properties, if the specified product can be used exclusively by the Buyer who purchased it. Confirmation that the product has individually defined properties is the formation of the product individually for the Buyer.

7. Term of the Agreement

• 7.1. The Agreement enters into force from the date of signing between the Seller and the Buyer and is valid for one month from the date of signing.
• 7.2. If, within 10 days before the expiration of the agreement, the Buyer does not notify of their intention to terminate the contractual relationship, this agreement is considered automatically extended for the same term and on the same terms.

8. Liability

• 8.1. The Seller is not liable for damage caused to the Buyer or third parties as a result of improper use of the Product purchased from the Seller.
• 8.2. The Seller is not liable for improper or untimely fulfillment of Orders and its obligations in the event that the Buyer provides inaccurate or false information.
• 8.3. The Seller and the Buyer are liable for fulfillment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.
• 8.4. The Seller or the Buyer is released from liability for full or partial non-fulfillment of their obligations if non-fulfillment is a consequence of force majeure circumstances such as: war or military actions, earthquake, flood, fire, and other natural disasters that arose regardless of the will of the Seller and/or Buyer after the conclusion of this agreement. The party that cannot fulfill its obligations immediately notifies the other party.

9. Confidentiality and Personal Data Protection

• 9.1. By providing their personal data on the Service website during registration or when placing an Order, the Buyer gives the Seller their voluntary consent to process, use (including transfer) their personal data, as well as to perform other actions provided for by the Law of Ukraine "On Personal Data Protection", without limitation of the term of such consent.
• 9.2. The Seller undertakes not to disclose information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of an agreement with the Seller, including for fulfillment of obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine.
• 9.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not responsible for poor performance or non-performance of its obligations due to outdated information about the Buyer or its inaccuracy.

10. Other Terms

• 10.1. This agreement is concluded on the territory of Ukraine and operates in accordance with the current legislation of Ukraine.
• 10.2. All disputes arising between the Buyer and the Seller are resolved through negotiations. If settlement of the dispute through negotiations is not achieved, the Buyer and/or Seller has the right to apply to judicial authorities for resolution of the dispute in accordance with the current legislation of Ukraine.
• 10.3. The Seller has the right to make changes to this Agreement unilaterally, as provided for in clause 5.2.1 of the Agreement. In addition, changes to the Agreement may also be made by mutual consent of the Parties in the manner provided by the current legislation of Ukraine.

Seller Address and Details