PUBLIC OFFER TO CONCLUDE A SERVICE AGREEMENT
GENERAL PROVISIONS
1.1. This public offer to conclude a service agreement (hereinafter referred to as the “Agreement”) on the website https://my.lucky.fitness (hereinafter referred to as the “Resource”) is addressed to an unlimited number of persons who become Users after completing the registration process on the website in accordance with clause 3.1 of the Agreement.
1.2. The terms of the Agreement presented on the website constitute a public offer in accordance with applicable law.
1.3. Before concluding the Agreement, the User is required to carefully read its terms and conditions.
1.4. The User’s acceptance of the Agreement, at which point the Agreement is considered concluded, occurs when the first payment for the use of services is made.
1.5. By concluding the Agreement, the User confirms that they have fully read and agreed to its terms and conditions, and also grants the Resource permission to process their personal data for the purpose of fulfilling the terms of the Agreement, conducting settlements, and receiving invoices, acts, and other documents. The permission to process personal data remains valid throughout the term of the Agreement and for five years after its termination.
SUBJECT OF THE AGREEMENT
2.1. The Resource provides the User with access to the LuckyFit online platform — software available at https://my.lucky.fitness (hereinafter referred to as the “Program”). The User agrees to pay for the services and use the Program under the terms of the Agreement.
2.2. The Program is a specialized automation system for fitness centers, studios, beauty salons, dance studios, swimming pools, and related industries.
2.3. To properly use the Program, the User is granted a non-exclusive, non-transferable license to use the Program for the term of the Agreement. The terms of the license and the scope of the User’s rights are defined in Section 5.
2.4. Nothing in this Agreement may be interpreted as granting the User exclusive proprietary intellectual property rights to the Program.
TERMS OF USE OF THE PROGRAM
3.1. Access to the Program is provided to the User after registering on the website https://my.lucky.fitness and creating a personal account. Login to the account is performed using the registration data provided by the User during registration.
3.2. The User has the right to use the Program and its available functionality at their discretion in accordance with the selected tariff plan for their business activities. The User must not violate the terms of use specified in the Agreement or applicable laws. The tariff details are listed on the website https://lucky-fit.com/#tariffs.
3.3. The User is allowed to upload or post any information in the Program, provided that they have the right to perform such actions and that the information does not violate the rights of third parties or applicable laws, including:
- (1) Data protection laws;
- (2) Intellectual property rights protection laws.
3.4. The User agrees not to use the Program to engage in unlawful activities, including sending spam, advertisements, or other information without the recipient’s consent.
3.5. The User may grant personal access to the Program to authorized persons. The User is fully responsible for the actions of such persons and the security of their account data (e.g., login and password).
3.6. If the User’s access to the Program is suspended due to non-payment (in accordance with clause 4.7 of the Agreement), all data posted by the User will be stored for 30 days from the termination of the Agreement and may be deleted by the Resource after this period. The Resource provides the User with the opportunity to copy their data (e.g., client database) within this period. After the specified period, the User shall have no claims regarding data loss.
3.7. Information posted by the User in the Program may be used by the Resource exclusively for support services, including responding to User inquiries and fixing errors.
3.8. For training purposes, the Resource provides access to its official YouTube channel with video tutorials on using the Program, which the User can access free of charge under the same terms as the use of services and the Program.
SERVICE COST AND PAYMENT PROCEDURE
4.1. The cost of services under the Agreement is determined by the tariff plan selected by the User, listed on the website. Payment is made in advance for each month of service use, no later than the last day of the preceding month.
4.2. Payment can be made using cashless payment systems via bank card as specified on the Resource’s website.
4.3. Payment is considered confirmed after the funds are credited to the Resource’s bank account.
4.4. All payments are made in euros. If invoices are issued in other currencies, the exchange rate is based on the euro selling rate of PRIVATBANK.
4.5. Payment for services does not include bank fees or commissions; these are the responsibility of the payer.
4.6. If the User fails to pay for services on time, a 5-day grace period is automatically granted. After the grace period, if payment is not made, the Resource may terminate the Agreement and restrict access to the Program.
REFUND POLICY
5.1. The User may request early termination of the Agreement and a refund by contacting support@lucky.fitness, stating the reason for termination and the end date.
5.2. If the User has used the Program for less than a year, the cost of three months’ service is non-refundable. Refunds for unused services are processed within 30 calendar days of the refund request. Refunds for used services are not provided.
5.3. Payments for the development of a branded mobile application are non-refundable.
INTELLECTUAL PROPERTY
6.1. The Resource retains exclusive intellectual property rights to the Program and the website.
6.2. The license granted under the Agreement allows the User to use the Program only as intended and within the Program’s functional framework.
6.3. The license is non-exclusive, non-transferable, and does not permit modifying or decompiling the Program’s code.
CONFIDENTIALITY
7.1. The parties agree to keep confidential any information exchanged during the term of the Agreement.
7.2. Confidential information includes technological data, algorithms, know-how, trademarks, design elements, and other intellectual property objects.
7.3. Disclosure of confidential information requires written consent from the other party.
WARRANTIES AND LIABILITY
8.1. The Resource guarantees that it holds the exclusive intellectual property rights to the Program and the website.
8.2. The User guarantees that any information they upload does not violate third-party rights or applicable laws.
8.3. The Program is provided “as is.” The Resource guarantees the stated functionality but not the achievement of specific results.
8.4. The Resource is not responsible for technical issues beyond its control.
FORCE MAJEURE
9.1. The parties are not liable for failure to perform obligations due to force majeure.
9.2. The affected party must notify the other party within 5 days of the event.
9.3. If the force majeure lasts longer than one month, either party may terminate the Agreement without compensation.
TERM OF THE AGREEMENT
10.1. The Agreement is valid for one year from the date of acceptance and is automatically extended unless terminated by either party.
10.2. The Resource may unilaterally amend the terms of the Agreement by notifying the User on the website.
