By accepting this public offer, you certify that you have reached the age of 18 and are a legally capable person, agree to all the conditions set out below and confirm that you understand all its provisions and conclude an agreement on the provision of services of the "Vita Vertebra School of Healthy Movement" on these terms.

OFFER AGREEMENT

ABOUT THE SERVICES PROVISION OF "Vita Vertebra School of Healthy Movement"

1. GENERAL PROVISIONS

1.1. This document, in accordance with the Civil Code of Ukraine, is addressed to capable individuals who have reached the age of 18 and is an official public offer (in accordance with Articles 633, 634, 641 of the Civil Code of Ukraine) of the “Vita Vertebra School of Healthy Movement” represented by the subject of entrepreneurial activity of the individual entrepreneur Lyubov Volodymyrivna Lytvychenko, acting on the basis of an extract from the Unified State Register of Legal Entities and Individual Entrepreneurs (entry number No. 2002320010009002580 ), hereinafter referred to as the “Executor” to conclude a public offer agreement (hereinafter referred to as the “Agreement”, “Offer”) for the provision of information and consulting, educational services (access to educational content, practical classes, consultations, etc.) on issues of improving the human body and respiratory and motor practices, hereinafter referred to as the “Services” or "Service", according to the list of services selected by the individual, posted on the Website of the Contractor, located on the Internet at the link https://www.vitavertebraschool.com (hereinafter referred to as the "Website"), or other platforms/resources (telegram channels, viber, etc.) belonging to the "School of Healthy Movement "Vita Vertebra" on the terms specified in the Agreement, as well as on the terms specified for each individual selected service on the Website or telegram channel of the Contractor.

1.2. In accordance with Articles 641, 642 of the Civil Code of Ukraine (CC of Ukraine), in case of agreement with the terms and conditions set out below and specified for each individual selected service on the Contractor's Website, and payment for the selected Contractor's Services, the contract is considered concluded in the form of an electronic contract in accordance with the requirements of the Law of Ukraine "On Electronic Commerce", as a result of which the individual who accepts this offer becomes the "Customer".

1.3. This Agreement defines the terms of use of all services of the "Vita Vertebra School of Healthy Movement", unless otherwise provided for in separate agreements.

1.4. This Offer within the meaning of Art. 641 of the Civil Code of Ukraine is addressed by the Contractor to all capable adult individuals and legal entities wishing to use the service and having the technical ability to receive the service, and can be concluded only by the Customer's accession to all its terms in general, while the Customer cannot offer its terms to this Agreement. The Agreement concluded by the Customer through the acceptance of a public offer has legal force in accordance with Art. 642 of the Civil Code of Ukraine and is equated to a written agreement.

1.5. Services are provided in the format of distance, face-to-face and blended learning in accordance with the requirements of the legislation of Ukraine and other jurisdictions where the service is provided.

1.6. Each Party guarantees to the other Party that it has reached the age of majority (18 years of age), possesses the necessary civil capacity, as well as all rights and powers necessary and sufficient to conclude and execute the Agreement in accordance with its terms.

1.7. By concluding this Agreement, the Customer automatically agrees to full and unconditional acceptance of the provisions of this Agreement, prices for the Services and all annexes that are integral parts of the Agreement.

1.8. The Customer confirms the fact of familiarization with and agreement with all the terms of this Agreement in full by accepting it.

1.9. Any of the following actions shall be deemed to be full and unconditional acceptance of this public offer agreement, having read this Agreement and agreeing to its terms in full:

- payment for the Contractor's Services on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor's Website or other resources (telegram channels, Viber, etc.) belonging to the "Vita Vertebra Health School":

- ticking the box next to the "I am familiar with the public offer" field;

- gaining access to online training courses.

1.10. All terms of this Agreement are binding on both the Customer and the Contractor. Before starting to use the Services, the Customer is obliged to familiarize himself with the terms of this Agreement. If the Customer does not agree with the terms of the Agreement, he does not have the right to conclude this Agreement, and also does not have the right to use the Services under this Agreement.

1.11. The Contractor informs the Customer that to provide the service the Customer must use software, in particular, Telegram at the link https://telegram.org/, Viber at the link https://www.viber.com/en/. Installation instructions are available on the websites specified in this clause of the Agreement, the Customer may obtain additional instructions from the Contractor upon written request. The Customer confirms that he has read and agrees with this information.

1.12. The current version of this Agreement is always posted on the Website and Telegram channels of the Contractor, and is necessarily available for review by the Customer until the moment of his acceptance of the terms of the offer.

 

2. TERMS AND DEFINITIONS

2.1. Public offer (contract) – a proposal of the Contractor, addressed to any individual and/or legal entity in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public contract with him for the provision of services.

2.2. The Contractor is an individual entrepreneur Lyubov Volodymyrivna Lytvychenko, acting on the basis of an entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations dated 10.02.2004 No. 22320170000002580, whose details are specified in Section 15 "CONTRACTOR'S DETAILS" of this Agreement.

2.3. Customer - any person who has agreed to the Agreement and the Privacy Policy of the Contractor, has concluded an Agreement with the Contractor for the provision of services on the terms and conditions stipulated by this offer, by accepting it, i.e. full and unconditional acceptance.

2.4. Acceptance – the Customer's full and unconditional consent to conclude this Agreement on the terms and conditions specified in this Agreement, in full, without the Parties signing a written copy of the Agreement, by performing the actions specified in clause 1.9. of this Agreement.

2.5. Services – information and consulting services in the field of improving the human body, relieving mental and physical stress, movement and breathing practices, etc., provided by the Contractor and indicated by the Contractor in the relevant section of the Contractor's Website and the Contractor's telegram channels.

2.6. "VitaVertebra" is a registered trademark. The methods, techniques and algorithms of "Vita Vertebra" are a patented product and the object of copyright, which belong to Lyubov Volodymyrivna Lytvychenko in accordance with the Law of Ukraine "On Copyright and Related Rights". Any attempt to distribute, resell, forward, copy the materials of the course "Vita Vertebra School of Healthy Movement" is a violation of intellectual property rights and entails criminal liability in accordance with the current legislation of Ukraine.

2.7. The Privacy Policy regulates the features of the Contractor's processing of personal data of Customers (Users) and is an integral part of the Offer Agreement.

2.8. Agent - an individual entrepreneur who represents the interests of the Contractor (Principal), acts on his behalf and at his expense before the Customers, promotes the author's methodology of the Contractor (Principal) "SCHOOL OF HEALTHY MOVEMENT VITA VERTEBRA", searches for (buyers) and concludes agreements (joining the offer) with him. The Agent has the right to submit offers published on the website http://www.vitavertebraschool.com/ and receive payment for his agency services. The Agent is the sole proprietorship Zagorulko Oksana Oleksiivna , acting on the basis of an entry in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations dated 07.04.2025 No. 2000680010002054627 and Agency Agreement No. 1/2025 dated 13.04.2025.

 

3. SUBJECT OF THE CONTRACT

3.1. The Contractor provides the Customer with educational services in the form of training courses, online lessons, trainings, consultations, individual and group classes and other types of educational activities specified on the Contractor's Website, which include educational video, audio and text materials for performing motor and respiratory algorithms. The Contractor's services are purely informational in nature, based on the experience of the Contractor and third parties involved by him and are not medical services.

3.2. The Contractor provides educational services that are not educational activities within the meaning of the Law of Ukraine "On Education". Based on the results of the services provided, documents on participation/accomplishment of a course of its own design may be issued.

3.3. The Customer undertakes to accept and pay for the Contractor's services under the terms of this Agreement.

3.4. The Contractor places in the relevant section of the Website https://www.vitavertebraschool.com and in Telegram channels complete and reliable information regarding:

- the program and scope of services provided;

- names of documents issued to participants and conditions for their receipt;

- the current cost of participating in the training;

- method of providing services (online or in person).

3.5. Methods of providing services by the Contractor:

3.5.1. In person, at the address that will be notified by the Contractor (or its Agent) additionally;

3.5.2. Remotely, by providing online access (by providing a corresponding link to the address of a web page on the Internet or in another manner determined by the Contractor).

 

4. TERMS OF THE CONTRACT

4.1. The terms of this Public Agreement (Offer) do not apply to the relations between the Parties in the event of their conclusion of a direct agreement.

4.2. The Agreement may also include additional terms and conditions posted in the relevant annexes to the Offer, on the course or service description page on the Website and telegram channels of the Contractor.

4.3. In addition to the terms of the contract, the Customer is obliged to comply with all rules and regulations provided by the Contractor when receiving services (for example, training rules, rules for performing respiratory and motor algorithms, rules of conduct in chats, etc.).

 

5. TERM OF THE AGREEMENT

5.1. This Offer (proposal to conclude a contract on certain terms) comes into force from the moment of its placement on the Website and telegram channels of the Contractor and is valid until its withdrawal by the Contractor. The OFFER remains valid until the moment when "Vita Vertebra Healthy Movement School" decides to change or withdraw it.

5.2. The Contractor has the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its discretion. In the event that the Contractor makes changes to the Offer, such changes shall enter into force from the moment the changed text is posted on the Website and telegram channels of the Contractor, unless a different date for the changes to enter into force is specified directly in the text of the changed Offer itself.

5.3. Withdrawal or termination of this OFFER does not affect any pre-existing legal rights, obligations or liabilities that arose between the Customer and the Contractor prior to its cancellation.

5.4. Acceptance of this Offer is considered the conclusion of a Contract for the provision of services between the Contractor and the Customer on the terms and conditions established by this Offer. In this case, the Contract shall enter into force from the moment of Acceptance of this Offer and shall be valid until its termination in accordance with the provisions of applicable law and the terms and conditions of the Offer. Contract validity period

5.5. The service agreement concluded by accepting this OFFER is valid until the obligations are fully fulfilled by both parties. Termination of the agreement

5.6. The Contractor reserves the right to postpone the start date of the course or individual lesson. Such postponement shall not be considered a termination or breach of the Agreement.

5.7. The Contractor has the right to terminate the provision of services to the Customer at any time in the event of a gross violation of the terms of training or the Agreement, failure to complete practical tasks, ignoring educational content, violation of the rules of communication and interaction, intellectual property rights, or attempts to gain access to closed program materials by circumventing the established instructions.

5.8. In the event of termination of participation in the training for the specified reasons, the funds paid and advance payments are not refundable.

 

6. COST OF SERVICES AND PAYMENT PROCEDURE

6.1. The cost of each individual Service is determined by the Contractor and indicated on the relevant page of the Website or the Contractor's telegram channels.

6.2. Services are provided to the Customer on the basis of prepayment, unless otherwise agreed upon by the Parties in separate written agreements.

Payment for the selected service is made by the Customer, in accordance with the tariffs (prices) indicated on the Website and in the Telegram channels of the Contractor or on the basis of the invoice issued by the Contractor, using the details of a bank card/account using any legal payment services to the current account of the Contractor's Agent in accordance with clause 2.6. of the Agency Agreement No. 1/2025 dated 04/13/2025.

6.3. In case of payment for services by payment card, the amount may include additional commissions of banks and payment systems. If the currency of the Customer's card differs from the currency of the payment, the debit amount is determined based on the exchange rate of the VISA or MasterCard payment systems, as well as the issuing bank, and may include additional conversion costs. The Contractor is not responsible for changes in the exchange rate of payment systems or banks.

 

6.4. Payment for the Contractor's services, as well as other financial obligations of the Customer to the Contractor, which may arise in accordance with the requirements of this Agreement, are made by the Customer in one of the ways offered on the Website. The Customer chooses and uses the method/form of payment for the Services at its own discretion from the options offered. Security, confidentiality, and other conditions for using the method/form of payment chosen by the Customer go beyond the scope of this Offer and are governed by agreements (contracts) between the Customer and the relevant organizations.

6.5. If the Customer pays through a payment terminal or cash desk of a financial institution, it is necessary to notify the Contractor of the payment and send an image of the document confirming the payment (check, receipt or payment order) so that the Contractor can identify the payment and provide services in a timely manner. The deadline for notification of the payment is 24 hours, but no more than three business days after its execution.

6.6. The moment of payment is considered the moment of crediting funds to the Agent's account .

6.7. The Customer shall independently and at its own expense pay the cost of third party services, if necessary to obtain the Contractor's Services under this Agreement (for example, Internet access services and others).

6.8. The payment made by the Customer for the services, in the event of unilateral termination of the contract by the Contractor due to violations of the terms of this Contract by the Customer, is not refundable.

6.9. The funds paid by the Customer for offline training are not refundable in the event of the registered person's failure to appear on the appropriate dates and times for any reasons other than those specified in clause 6.10. of this Agreement .

6.10. The Customer may be refunded part of the training fee only in the event of illness or other sudden health disorder of the person registered for participation on the day of offline training, about which the Customer must notify the Contractor no later than 1 (one) day before the date of the relevant training. In the future, the fact of the onset of illness or accident must be confirmed by a certificate of the established form issued by a state, departmental or private medical institution, which the Customer must provide to the Contractor no later than 1 month after the date of the relevant training together with an application for a refund. In this case, the Contractor shall retain 10% of the training fee paid by the Customer and shall refund the remaining funds paid by the Customer within 30 (thirty) business days from the date of receipt of the relevant application for a refund from the Customer.

6.11. To initiate a refund in cases where a refund is permitted under this Agreement, the Customer must contact the Contractor with a request at the email address or phone numbers specified on the Contractor's Website.

6.12. Unilateral termination of the Agreement by the Customer after payment of the full tuition fee is not allowed. If the Customer refuses to study after payment of the full tuition fee, this is considered a violation of the terms of the Agreement by the Customer, the amount of tuition fee payment cannot be refunded, is not transferred to the benefit of third parties and is not compensated in any way. Unilateral termination of the Agreement is not allowed.

6.13. The course fee is non-refundable and non-transferable after the start of the course , regardless of the circumstances.

6.14. Differences in teaching methods, expectations from the course, or personal disagreement with the Contractor's position are not grounds for a refund.

6.15. The cost of services that the Customer did not use is not reimbursed if this was due to his fault, for example, if the Customer did not view the available content or did not attend classes (online or offline). The Customer undertakes to check his health status before paying for services under this Agreement, since unilateral refusal of the Agreement due to health / vision / allergies is not allowed. The Customer is personally responsible for purchasing services under the Agreement without checking his health status.

6.16. The certificate of services rendered is provided by the Contractor (or its Agent) at the request of the Customer.

 

7. PROCEDURE AND CONDITIONS FOR RECEIVING SERVICES BY THE CUSTOMER

7.1. Only persons who have reached the age of 18 and have full civil capacity may use the services.

7.2. Information about courses, terms of access to content and provision of services is provided on the Website and in the Contractor's telegram channels. The volume of materials available to the Customer is determined by the selected course and service package.

7.3. Most courses include access to paid content, online meetings and practical tasks. Successful completion of the training requires independent work, viewing of educational content and regular participation in classes. The fact confirming the provision of Services by the Contractor is the moment of providing the Customer with access to the Course Materials and/or individual Materials and/or a channel in the Telegram/Viber messenger and/or the Course chat. This point is determined taking into account the right to determine the moment of performance of an obligation under an electronic contract, which is provided for in Part 10 of Article 11 of the Law of Ukraine “On Electronic Commerce”.

7.4. Some courses may include bonus materials and services that are not a mandatory part of the course. The Contractor reserves the right to change the scope and list of these bonuses without notice.

 

8. RULES OF INTERACTION

8.1. Within the framework of face-to-face classes, communication in chats and closed groups, it is strictly prohibited to:

- participate in training while sick, intoxicated, or under the influence of narcotic or toxic substances;

- distribution of spam and any advertising without prior consent of the Contractor;

- subjective assessments of the activities of the Contractor, invited trainers, instructors;

- distracting participants from the topic of the lesson;

- showing disrespect towards other participants in the educational process;

- use of offensive language or profanity (in any form, explicit or implicit);

- intentional distortion of spelling or syntax that may lead to misunderstandings;

- rude, disrespectful or caustic comments towards other members or administrators;

- discrimination on any grounds, as well as racial, national or religious slogans and statements;

- posting materials promoting violence, weapons, drugs or alcohol;

- publication of erotic or pornographic materials;

- use of content that infringes the copyrights of third parties (for example, without appropriate citation);

- sharing personal information of other participants (such as email, phone number, address, bank details, etc.);

- flood – messages or comments that are not relevant to the purposes of the discussion;

- excessively emotional statements or comments about the value or appropriateness of training;

- slander, unfounded accusations, dissemination of unverified or false data, as well as information that may harm the reputation of the company or training participants.

8.2. In case of violation of these rules, the Contractor has the right to make a remark to the violator. If the Customer does not respond to the warning, the Contractor has the right to terminate the Agreement unilaterally without refund.

8.3. The Customer, using the instructions provided by the Contractor (video, text descriptions, live broadcasts, etc.), performs all motor and breathing exercises independently. In the process of performing motor and breathing exercises proposed by the Contractor, the following rules must be observed:

- strictly follow the instructions and recommendations of the Contractor;

- perform exercises without exceeding the permissible load, taking into account one's physical capabilities;

- if you feel discomfort and pain, immediately stop performing the exercise. Performing exercises due to pain within the framework of the “Vita Vertebra School of Healthy Movement” methodology is prohibited. The Customer is obliged to contact the Contractor for consultation;

- to independently control one's well-being;

- immediately inform the Contractor about possible health problems.

 

9. PHOTOGRAPHY AND VIDEOGRAPHY OF CLASS PARTICIPANTS

9.1. By receiving services from the Contractor, the Customer consents to the following actions: conducting photo, video and audio filming during classes and events (including master classes, group classes, etc.);

9.2. Photo, video, and audio recording are used by the Contractor to develop in the Customers a "sight-seeing" approach using the observation method in order to distinguish movements that can damage the body, joints, and vertebrae and to detect movement errors.

 

10. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

10.1. The Contractor is obliged to:

10.1.1. To comply with the terms of this Agreement

10.1.2. Provide the Customer with services of appropriate quality in accordance with the terms of this offer.

10.1.3. Objectively inform the Customer about the Services and the terms of their provision on the Website and telegram channels of the Contractor.

10.1.4. Provide the Customer, who has made a payment under the terms of this Agreement, with access to the Contractor's platform, on which training will be conducted, no later than the start date of the training, which will be announced in the program.

10.1.5. Provide the Customer with online support via email or chat to be created (Viber, Telegram) or another communication channel of the Contractor's choice.

10.1.6. Organize the Customer's training activities in accordance with the content of the program of the selected training course presented on the Contractor's Website;

10.1.7. Provide methodological support to the Customer in the process of providing the service.

10.1.8. Provide informational consultations on the performance of motor and breathing exercises

10.1.9. To notify in advance of the cancellation or postponement of a class or training course. In this case, the Contractor is not responsible for untimely notification if the Customer has provided outdated contact information;

10.1.10. Based on the results of providing the relevant Service, issue the Customer a certificate confirming completion of the relevant training course, if this is provided for by the program.

10.2. The Contractor has the following rights:

10.2.1. Provide access to training materials and support to the Customer in the process of providing services.

10.2.2. Provide methodological support to the Customer via the Telegram channel and provide informational consultations on the implementation of exercises in motor and breathing practices with the Customer.

10.2.3. In the process of providing services, to apply epatage (from the French épatér, which means “to amaze”, “to stun”, “to surprise”, that is, to deliberately shock, surprise, violating usual norms and expectations) to actualize, mobilize and effectively assimilate the material.

10.2.4. At its own discretion, engage third parties (lecturers, instructors, mentors, etc.) to provide services under this Agreement and provide them with the Customer's data in order to fulfill the terms of the Agreement. Independently determine at its own discretion the level of professional skills of third parties involved in the performance of the Agreement.

10.2.5. The Contractor reserves the right to adjust the course program, class schedule and calendar, and schedule of events unilaterally.

10.2.6. Suspend the provision of services if the Customer fails to timely fulfill its financial obligations to the Contractor.

10.2.7. To unilaterally make changes to this Agreement, including the current tariffs for educational services, with their prior publication on the Website and telegram channels of the Contractor. The change in the cost of the course does not apply to Customers who have made a 100% prepayment for the selected training course.

10.2.8. Unilaterally suspend or completely stop the provision of services under this Agreement in the event of the Customer's violation of the terms of this Agreement;

10.2.9. Completely stop the provision of services under this Agreement in situations where the Customer's actions regarding the distribution of training course materials are detected without the written consent of the Contractor.

10.2.10. Deprive the Customer of the right to attend training in the event of his violation of public order norms, norms and rules of staying in the premises where training is conducted, or in the event that the Customer, by his behavior, prevents the Contractor or its representatives from conducting training, including those specified in clause 8.1. of the Agreement;

10.2.11. Do not allow persons who are intoxicated or under the influence of narcotic or toxic substances, with obvious signs of illness, etc. to participate in training;

10.2.12. The Contractor reserves the right to suspend the Customer from participating in an on-site event or online training without the right to a refund in case of violation of the rules of conduct at the event, namely: inciting interethnic conflicts, distracting participants from the topic of the class, webinar, seminar, master class, etc., obscene language, rudeness, insults to the host, staff or participants.

10.2.13. The Contractor reserves the right to record the events (photo, video and audio recording).

10.2.14. Use any information regarding training courses for marketing purposes;

10.2.15. Process the Customer's personal data in order to fulfill the terms of this agreement.

10.2.16. Other rights in accordance with the current legislation of Ukraine and this Agreement.

 

11. RIGHTS AND OBLIGATIONS OF THE CUSTOMER:

11.1. The Customer is obliged to:

11.1.1. Accept and pay for services in accordance with the terms of this offer.

11.1.2. Use the services personally, do not transfer access to the Course, Educational Materials to any third parties, do not copy or otherwise reproduce the Educational Materials. In case of violation of this condition, the Contractor has the right to terminate the contract unilaterally, and the User undertakes to pay a fine in the amount of 300% of the cost of the Course.

11.1.3. Throughout the entire period of provision of services, comply with the terms of this Agreement.

11.1.4. When filling out an application, questionnaire, or questionnaire, provide accurate personal data and information.

11.1.5. To cooperate with the Contractor in all areas of the Customer's training.

11.1.6. To comply with the norms of public order, norms and rules of staying in the premises where the training is conducted, not to prevent the Contractor or its representatives from conducting the training;

11.1.7. Is obliged to adhere to the rules of conduct that promote effective learning. Is aware that the rules of conduct prohibit: inciting interethnic conflicts, distracting participants from the topic of the lesson, webinar, seminar, master class, etc., obscene language, rudeness, insults to the presenter, staff or participants. Any advertising of oneself, one's activities, etc. is prohibited.

11.1.8. When participating in training and performing exercises proposed by the Contractor, be healthy, sober, and not use narcotic or toxic substances.

11.1.9. When receiving services, follow the recommendations and advice of the Contractor.

11.1.10. Undertakes to perform the exercises proposed by the Contractor without exceeding the permissible load, taking into account his physical capabilities and following the recommendations of the Contractor. Independently monitor his well-being and is personally responsible for his health. Undertakes to immediately notify the Contractor of possible health problems. Responsibility for the correct performance of the exercises lies with the Customer.

11.1.11. Independently provide the necessary technical equipment and Internet connection for participation in online courses and downloading and opening electronic files received from the Contractor, having previously learned the necessary technical requirements from him.

11.1.12. Keep the course materials, personally use the exercises and methods obtained as a result of the training and do not distribute or transfer them to third parties without the written consent of the Contractor.

11.1.13. Use the information received, algorithms and exercises provided by the Contractor exclusively for personal use. The use of algorithms and exercises in professional activities is permitted only with the written consent of the Contractor, as the author of the methodology, since it is the subject of copyright and a patented invention.

11.1.14. To notify in writing about the time of payment for services to the Contractor's email address or by SMS notification to the Contractor's number within 24 hours from the moment of payment.

11.1.15. Independently monitor notifications on the Website and telegram channels of the Contractor regarding changes to plans, schedules/calendars of purchased training sessions/courses.

11.1.16. Comply with the legislation of Ukraine regarding the protection of the Contractor's copyright.

11.2. The Customer has the following rights:

11.2.1. Get acquainted with the full list of available educational services in the form of training courses, online lessons, trainings, consultations, individual and group classes and other types of educational activities and the conditions for their implementation, which are specified on the Contractor's Website ...

11.2.2. To familiarize yourself with the procedure and conditions for implementing the educational process and providing services by the Contractor;

11.2.3. In case of any questions, obtain advice from the Contractor by phone or e-mail/via the Contractor's telegram channels to clarify any conditions for conducting training, the procedure for payments, etc.;

11.2.4. Place an Order for the Services specified on the relevant page of the Contractor's Website or in the Contractor's telegram channels;

11.2.5. Use the services in accordance with the terms of this Agreement; 11.2.6. Require the Contractor to fulfill the requirements of this Agreement;

11.2.7. Keep the course materials, personally use the exercises and methods obtained as a result of the training and do not distribute or transfer them to third parties without the written consent of the Contractor.

11.2.8. Use the information received, algorithms and exercises provided by the Contractor exclusively for personal use. The use of algorithms and exercises in professional activities is permitted only with the written consent of the Contractor, as the author of the methodology, since it is the subject of copyright and a patented invention.

11.2.9. Suspend participation in the educational process with subsequent resumption with prior consent of the Contractor

11.2.10. Make proposals to improve the Contractor's work;

11.2.11. other rights in accordance with the current legislation of Ukraine and this Agreement.

 

12. INTELLECTUAL PROPERTY

12.1. Depending on the purchased services, the Customer is provided with access to content (educational and informational materials), the copyright and related rights of which belong to Lyubov Volodymyrivna Lytvychenko and are protected regardless of their registration or territory of operation.

12.2. Intellectual property rights to Educational Materials used online/offline in the "Vita Vertebra School of Healthy Movement", in particular, but not exclusively, images, photos, videos, logos, graphics, sounds, presentations belong to the Contractor.

12.3. By granting the Customer the right to use the objects of the right to use for the purposes of performing this Agreement, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission to use them for purposes other than personal use, as specified in the Agreement.

12.4. By using the services, the Customer only receives the right to view and study the content. Copying, distributing, reselling, or forwarding course materials is a violation of the rights of Lyubov Volodymyrivna Litvychenko, which entails criminal liability.

12.5. The Customer may use information and content only for personal needs for an unlimited period of time, unless otherwise provided for in the terms and conditions.

12.6. The trademark and name "Vita Vertebra" belong to Lyubov Volodymyrivna Litvychenko, i.e. the Contractor, and are protected by law. Their use is possible only with the written permission of the Contractor. Other trademarks or brands mentioned on the Website or in the materials are also protected by law. Their mention does not mean the absence of third party rights to these trademarks.

12.7. All materials posted on the Contractor's Website, in telegram channels and other Internet platforms of the Contractor, or provided within the scope of the services, are objects of copyright, and the exclusive rights to their use belong to Lyubov Volodymyrivna Lytvychenko, regardless of the fact of registration or territory of operation.

12.8. The use of materials contained on the Website in closed groups or provided as part of training or consultations, including their copying, processing, modification, public reproduction, distribution or commercial use, without written permission is prohibited.

12.9. Transferring access to educational content or credentials to third parties is strictly prohibited and is considered a violation of copyright.

12.10. The use of intellectual property objects by third parties is permitted exclusively with the written permission of the Contractor, except for cases provided for by the legislation of Ukraine.

12.11. The Contractor may freely use its skills, know-how and experience, as well as use and disclose any generalized ideas, concepts, methods, techniques obtained or learned during the performance of the Agreement, without disclosing the Customer's confidential information.

12.12. Violation of intellectual property rights is prosecuted in accordance with the current legislation of the violator's country of residence and international norms, providing for civil, administrative and criminal liability. In the event of detection of illegal use of intellectual property objects of Lyubov Volodymyrivna Lytvychenko (illegal copying of materials of the "Vita Vertebra Healthy Movement School", illegal distribution of materials, shared access to the course, transfer of credentials, etc.), the Contractor has the right to terminate the provision of services without refund.

12.13. The Contractor also reserves the right to demand from the violator full compensation for damages or compensation in the amount of double the cost of lawful use of the materials of the "Vita Vertebra Healthy Movement School" for each case of violation. In case of refusal to voluntarily pay compensation, the Contractor reserves the right to initiate appropriate legal actions for the forced collection of funds, including through the court.

 

13. LIABILITY

13.1. The Contractor assumes responsibility for compliance with the terms of the contract when providing services and their proper quality.

13.2. The Contractor is responsible for providing complete and reliable information regarding the algorithms and rules for performing motor and breathing exercises based on its own methods and techniques. The Customer is solely responsible for the life and health of the Customer when receiving the Contractor's services.

13.3. The Contractor is responsible for the content of the educational programs, which are exclusively informative in nature and reflect the author's subjective vision and teaching style. The Contractor's services are purely informative in nature, based on the experience of the Contractor and third parties involved by him and are not medical services.

13.4. The Contractor is not responsible for possible negative consequences that occurred due to the Customer's failure to comply with the recommendations provided to him or ignoring the instructions.

13.5. The Customer is responsible for the fulfillment of the obligations stipulated by this Agreement, as well as for the consequences of their violation. By using the services of the Contractor, its official Website and training platforms, the Customer agrees not to take any actions that may harm the work or affect the quality of the services provided.

13.6. The Customer is responsible for: the accuracy of the provided registration and payment data; illegal use of materials from the "Vita Vertebra Healthy Movement School", dissemination of false information about the Contractor and the "Vita Vertebra Healthy Movement School"; untimely payment for services; violation of the terms of the contract or rules of use; attempts to circumvent the established instructions or interference in the work of the Contractor or training platforms.

13.7. The Customer is aware that all methods, exercises, and algorithms provided by the Contractor are developed taking into account biomechanics, neurophysiology, and the principles of healthy movement.

13.8. The Customer, using the instructions provided by the Contractor (video, text descriptions, live broadcasts, etc.), performs all motor and breathing exercises independently. Responsibility for the correct performance of the exercises lies with the Customer. The Customer bears full responsibility for his condition.

13.9. The customer is responsible for complying with the mandatory rules when performing motor and breathing exercises:

- If the Customer feels discomfort or pain while performing an exercise, he/she must immediately stop performing the exercise. Performing exercises due to pain is prohibited within the framework of the methodology;

- The Customer seeks advice from the Contractor for recommendations regarding exercises that cause discomfort or pain before continuing to perform the exercises;

- If the Customer ignored the recommendations and continued to perform the exercises due to pain, this is his personal responsibility.

13.10. All disputes and disagreements that may arise during the performance of this Agreement shall be regulated through negotiations between the Parties.

13.11. If any dispute cannot be resolved through negotiations, such dispute shall be subject to judicial review at the location of the Contractor.

13.12. The Contractor reserves the right to refuse to provide the Services and terminate the Agreement unilaterally at any time without refunding the Customer, with the right to disable the Customer from access to all Platforms, Websites and Materials, access to which is provided during the provision of the Services under this Agreement, in the event of the Customer's violation of the terms of this Agreement, in particular, but not exclusively in the following cases:

- publication by the Customer on any resources on the Internet, the Contractor's Websites, in comments and/or in chats during the provision of Services, in the press, broadcast on radio, television, using other media, including social networks, setting out in characteristics, statements, letters addressed to other persons, communication in public speeches, as well as in another form to an unspecified number of persons or at least to one person, information prohibited by this Agreement, unreliable, false information regarding the Contractor or the Services received, including information that incites interethnic conflicts, promotes or supports the military aggression of the Russian Federation against Ukraine, contains obscene language or otherwise insults other Customers or the Contractor, third parties involved by him, publication of information on the Contractor's Platforms or Websites that does not relate to the subject of the Services or publication of advertising information;

- violation of discipline by the Customer when receiving the Service under this Agreement, as well as slander, insults, and slander against the Contractor and/or third parties involved in the provision of the Services;

- establishing the fact of violation by the Customer of the intellectual property rights of the Contractor and/or third parties involved in the provision of Services, other Customers;

- disclosure to third parties of information about other Customers obtained during the period of provision of Services, as well as about the methods of providing Services and any other confidential information and trade secrets;

- incomplete payment by the Customer for the services provided, in accordance with the provisions of the Agreement.

13.13. In the event of violations specified in clause 8.12. of the Agreement, the payment for the Services credited to the current account of the Contractor's Agent shall not be returned to the Customer, shall not be transferred to the benefit of third parties and shall not be compensated in any way, but shall be retained by the Contractor as a penalty for a gross violation of this Agreement.

13.14 The Customer is deemed to have been warned that the Materials received during the provision of the service may not be distributed publicly. In case of violation of these requirements, the Customer may be held liable.

13.15. The Contractor is not responsible for the Customer's health.

 

14. OTHER TERMS OF THE CONTRACT

14.1. The Contractor confirms that he is a payer of a single tax (group 3) at the rate provided for by the Tax Code of Ukraine.

14.2. If any part of this Agreement is held to be invalid, all other parts of it shall remain in full force and effect. If any court finds any provision of this Agreement to be invalid, that provision shall be severed from the Agreement, while the remaining provisions shall remain in full force and effect. The remaining provisions of the Agreement shall remain in full force and effect and may be enforced in a court of law.

14.3. The Customer shall not have the right to transfer its rights or obligations arising from this Agreement and its Annexes without the written consent of the Contractor.

14.4. The Customer is granted the right to use the Services of the Contractor exclusively for personal use. The use of algorithms and exercises in professional activities is permitted only with the written consent of the Contractor, as the author of the methodology, since it is an object of copyright and a patented invention.

14.5. The Customer, by accepting this Agreement, confirms that his health condition allows him to receive the Services he has chosen (including performing motor and breathing exercises). The Contractor, in any case, is not responsible for the Customer's health condition, as well as for its possible deterioration during or after undergoing the relevant training. The Contractor's services are purely informational in nature, based on the experience of the Contractor and third parties involved by him and are not medical services.

14.6. Information provided by the Customer is confidential. Information about the Customer is used solely for the purpose of fulfilling his Order.

14.7 By accepting the Agreement, the Customer voluntarily consents to the collection and processing of his/her personal data for the purpose of providing the services stipulated by this Agreement, including for sending advertising and special offers, information about promotions or any other information about the Contractor's activities by telecommunication means (e-mail, mobile communication). In case of unwillingness to receive information about the Contractor's activities, the Customer has the right to contact the Contractor, informing about the refusal to receive advertising materials and sending it to the Contractor's postal or electronic address.

14.8. The Customer agrees to receive any notifications and messages in electronic format, for example, via e-mail specified during registration.

14.9. The Parties agree that the only version of this Agreement that has legal force is the version posted on the official website and telegram channels of the Contractor on the Internet, unless otherwise agreed upon in the terms of the Agreement concluded in writing.

14.10. The Parties, by mutual consent, may amend their legal relations under the Agreement by concluding additional agreements to the current Agreement.

14.11. On issues not regulated by this Agreement, the Parties undertake to be guided by the norms of the current legislation of Ukraine.

14.12. The Customer and the Contractor confirm that this Agreement is not a fictitious or sham transaction or a transaction concluded under the influence of pressure or deception.

 

15. REQUISITES

Contractor - Individual entrepreneur Litvychenko L.V.

Legal address:

Ukraine, 51400, Dnipropetrovsk region, Pavlohrad district, Pavlohrad city, Soborna st., building 85, apartment 8

 

EDRPOU code/ TIN 2317416608

Bank details:

Account No.: UA983077700000026005711214195

JSC "A-BANK"

MFI: 307770

Bank's Unified Registration Number: 14360080

Contact information: +38(099)-079-45-76, vitavertebra@gmail.com

 

AGENT of the Contractor - Individual Entrepreneur Zagorulko O.O.

Legal address:

Ukraine, 03039, Kyiv city, Holosiivskyi ave., building 60, apartment 401

EDRPOU code/ TIN 2818200869

Bank details:

Account No.:

UA593220010000026001350039695

JSC “UNIVERSAL BANK”
MFI: 322001
Bank's Unified State Register of Accounts: 21133352

Contact information: +38(050)-469-60-47, +38(050)-930-46-46, oxana.zagorulko@gmail.com