PUBLIC OFFER AGREEMENT
for the Acquisition of Training Programs and Aquafitness Courses
I
ndividual Taxpayer (self-employed) Aleksandra Andreevna Mitina, publishing this Agreement on the Website at https://aquafitmitinaal.tilda.ws/aquamitina (hereinafter referred to as the "Performer"), hereby offers to any legally capable individual, regardless of their country of residence (hereinafter referred to as the "Customer"), to enter into an agreement under the terms of this public offer (hereinafter referred to as the "Agreement").
This Offer is posted on the Website at the following permanent address: https://aquafitmitinaal.tilda.ws/offeragreement
The Performer reserves the right to unilaterally amend the terms of the Offer. The new version shall take effect upon publication.
Language of the Agreement: Russian. In the event of a translation into any other language, the Russian version shall prevail when interpreting the terms.
Currency of the Agreement: United States Dollar (USD). All prices, amounts, and financial settlements are stated in USD, unless otherwise provided for by this Agreement.
1. Definitions· Offer – this document posted on the Performer's Website.
· Acceptance – full and unconditional acceptance of the terms of the Agreement by making a 100% payment for the Training/Course through the Prodamus payment module in the amount specified in USD.
· Training – a digital information product in the form of a video lesson, textual description of exercises, checklist, workout plan, or any combination thereof.
· Course – a set of several Trainings combined by a common theme, difficulty level, or objective.
· Personal Account – a protected section on the Website.
· Performer – self-employed individual Aleksandra Andreevna Mitina.
·
Customer – an individual who has effected the Acceptance.
· Prodamus – the payment module used for receiving and processing payments.
2. Subject Matter of the Agreement2.1. The Performer provides the Customer with access to the selected and paid-for digital product (aquafitness course/training program).
2.2. The price of each Product is indicated on the purchase page in United States Dollars (USD).
2.3. Access is granted for 90 (ninety) calendar days from the date of activation.
2.4. The Course is purely informational in nature and does not constitute educational activities within the meaning of licensed educational programs. The Performer does not issue any educational or qualification documents.
3. Rights and Obligations of the Parties3.1. The Performer undertakes to:
· Ensure the technical possibility of accessing purchased materials through the Personal Account.
· In the event of a broken link or video file – remedy the problem within 48 (forty-eight) hours of receiving a notice from the Customer.
· Not alter the access terms for a Product already acquired.
3.2. The Customer undertakes to:
· Not transfer their login and password to third parties. Access is personal.
· Not copy, resell, distribute, or use the course materials for commercial purposes. In the event of a breach of this prohibition, the Performer shall have the right to block access without a refund of funds on the basis of paragraph 4 of Article 1252 of the Civil Code of the Russian Federation.
· Independently pay all banking fees, payment system fees, and other charges associated with international transfer and currency conversion.
3.3. Responsibility for use of information:
The Customer independently and fully assumes responsibility for the application or non-application of any information obtained from the Course. The Performer shall not be liable for any direct or indirect damage (including, but not limited to: injuries, deterioration of health, financial losses) caused to the Customer as a result of using or failing to use information obtained from the Course.
3.4. Medical contraindications:
The Customer independently assesses the absence of medical contraindications for engaging in aquafitness using the provided materials. Before commencing exercises, the Customer undertakes to consult with a physician.
4. Price, Currency and Payment Procedure (USD + Prodamus)4.1. The price of each Product (course/program) is indicated on the purchase page in United States Dollars (USD).
4.2. Payment is made through the Prodamus payment module. The Customer sees the price in USD. Prodamus automatically converts the specified amount into Russian Rubles (RUB) at Prodamus's and the acquiring banks' internal exchange rate at the time of the transaction.
4.3. Acceptance of the Offer is deemed to occur upon the successful debiting of an amount equivalent to the specified USD (after conversion) from the Customer's payment instrument and the receipt of funds into the Performer's account.
4.4. Prodamus supports international bank cards (Visa, Mastercard, including those issued outside the Russian Federation), as well as other payment methods available in the payment module interface at the time of payment.
4.5. All fees, including but not limited to:
· acquiring fee;
· Prodamus payment service fee;
· correspondent bank fees (for currency conversion);
· currency conversion fees (USD → RUB);
· interbank fees;
shall be deducted from the payment amount before the funds are credited to the Performer. The Performer receives the amount in RUB net of all the aforementioned fees. The Customer shall be deemed to have fulfilled their payment obligation in the full amount of the Product price in USD, regardless of the amount actually received by the Performer.
4.6. If, for technical or other reasons, Prodamus cannot process the payment (including, but not limited to: rejection by the Customer's bank, restrictions imposed by payment systems or sanctions regimes), the Agreement shall be deemed not concluded, and access to the Product shall not be provided.
5. Tax Status and Applicable Law (Cross-border Sales)5.1. This Agreement shall be governed by the laws of the Russian Federation. The Performer is not the tax agent of the Customer in the Customer's country of residence.
5.2. The Customer independently undertakes to pay all taxes, levies, duties, and other mandatory payments that may arise in their country in connection with the purchase of a digital product from a foreign person.
5.3. The Performer is self-employed (a payer of the professional income tax, PIT) on the territory of the Russian Federation and pays taxes on income received in accordance with Federal Law No. 422-FZ. The Performer is not registered as a foreign person providing electronic services with the tax authorities of any other state.
6. Disclaimer of Warranties and Limitation of Liability6.1. The Performer does not guarantee that the Customer will achieve any specific results (including, but not limited to: weight loss, muscle gain, improved physical fitness, health benefits) from using the Course. Results depend on the Customer's individual physiological characteristics, adherence to exercise technique, diet, and regularity of training.
6.2. The Performer does not provide medical services. All materials are for informational purposes only. The Customer confirms that they independently assess their own physical fitness and health condition before performing any exercises.
7. Refund Procedure7.1. Refusal of a Product of proper quality
In accordance with Article 26.1 of the Law of the Russian Federation "On the Protection of Consumer Rights" and the List of Non-Food Products of Proper Quality Not Subject to Return or Exchange (Government Resolution No. 2463 of December 31, 2020), digital content of proper quality is not subject to return after its use has commenced.
7.2. Refund Terms
Situation Refund Amount
Before the first login to the Personal Account (materials not viewed, not downloaded) 100% of the amount actually received by the Performer after deduction of all Prodamus and bank fees (converted at the exchange rate in effect at the time of refund)
After the Customer has logged into the Personal Account and/or started viewing/downloading any Course materials 0% – no refund shall be made
Technical defect (video file does not open, file is corrupted, link is non-functional) which the Performer cannot remedy within 7 (seven) calendar days from the date of notification 100% of the amount actually received by the Performer (in USD at the exchange rate in effect at the time of refund)
7.3. Procedure for the Customer to initiate a refund (before first login)
1. The Customer sends a written application to the email address: contactaquamitina@gmail.com.
2. Email subject line: "Refund under Offer Agreement – [Customer's Surname and Name]".
3. The email shall specify:
· Customer's surname, name, patronymic (if any);
· date and time of payment;
· payment amount in USD;
· reason for refund ("withdrawal from the Agreement prior to commencement of use of the Product");
· banking details for the refund (bank, card or account number from which the payment was made).
4. Review period for the application: 10 (ten) business days from the date of receipt.
5. If a positive decision is made, the refund shall be made within 14 (fourteen) business days through the Prodamus payment module to the same payment instrument (card or account) from which the payment was made.
7.4. Specifics of refund via Prodamus
· The refund shall be made via a transaction through Prodamus in Rubles (RUB), with subsequent conversion into the Customer's card currency.
· Prodamus fees and acquiring bank fees deducted from the initial payment shall not be refunded. The Customer shall be refunded the amount net of these fees.
· The actual period for the funds to be credited to the Customer's card or account after the Performer initiates the refund ranges from 3 (three) to 30 (thirty) calendar days, depending on the Customer's bank and country of residence. The Performer shall not be liable for delays caused by the banks or the payment system.
7.5. Technical defect
If the Customer discovers a technical defect, the Customer shall notify the Performer via email. The Performer shall remedy the problem within 7 (seven) calendar days. If remedy is impossible, the Performer shall make a full refund of the amount actually received by the Performer, in accordance with the procedure set forth in clauses 7.3–7.4.
8. Force Majeure8.1. The Parties shall be released from liability for partial or complete non-performance of obligations under the Agreement if such non-performance was caused by force majeure circumstances arising after the conclusion of the Agreement.
8.2. Force majeure circumstances include, in particular:
· military actions, blockades, embargoes;
· earthquakes, floods, fires, and other natural disasters;
· epidemics, pandemics, quarantine measures;
· blocking or cessation of operation of the Prodamus payment module;
· prohibition on the processing of international bank cards by payment systems (Visa, Mastercard);
· imposition by state authorities of restrictions on cross-border money transfers;
· actions of hackers, DDoS attacks, hosting failures not attributable to the fault of the Performer.
8.3. The Party for whom the impossibility of performing obligations due to force majeure has arisen must notify the other Party within 5 (five) calendar days by any available means.
8.4. If the force majeure circumstances continue for more than 30 (thirty) consecutive calendar days, either Party shall have the right to unilaterally withdraw from the Agreement. In such a case, the refund shall be made in proportion to the unperformed service, less the Performer's actually incurred expenses and non-refundable payment system fees.
8.5. During the period of force majeure, the deadlines for providing access to the Product shall be suspended for the corresponding period.
9. Intellectual Property9.1. All Course materials (videos, texts, images, checklists, workout plans, and other objects) are objects of copyright and belong to the Performer.
9.2. The Customer is granted a personal, non-exclusive license to view and use the Course solely for non-commercial purposes for themselves. The transfer of the license to third parties is prohibited.
9.3. Infringement of copyright entails blocking of access without refund of funds, as well as the possibility of being held liable in accordance with the legislation of the Russian Federation.
10. Personal Data and GDPR10.1. The Performer processes the Customer's personal data (surname, first name, email address) to the extent necessary for the performance of the Agreement, in accordance with Federal Law No. 152-FZ "On Personal Data" of the Russian Federation.
10.2. The Performer does not carry out targeted activities on the territory of the European Union, has no establishments in the EU, and does not offer goods specifically to EU residents. Consequently, the requirements of Regulation (EU) 2016/679 (GDPR) do not apply to the legal relationship between the Parties.
11. Medical Warning and Customer's AcknowledgmentBefore starting training, consult a physician, especially if you have injuries, chronic diseases, cardiovascular pathologies, pregnancy, or other medical contraindications. By performing the exercises, you assume responsibility for your own health.
Customer's Confirmation (Acceptance of the Offer signifies unconditional agreement with the following statement):
"I, the Customer, have read the medical warning. I confirm that I have no medical contraindications for engaging in aquafitness using the Performer's materials, or, if I have contraindications, I have consulted with a physician and am acting voluntarily. Before starting training, I will consult with a physician if necessary. I understand and accept that the Performer is not liable for any harm to my health caused as a result of using the Course. I also confirm that the information received by me within the Course does not constitute medical advice."
12. Final Provisions12.1. The Agreement shall enter into force upon the Customer effecting the Acceptance (successful payment through Prodamus) and shall remain in effect until the Parties have fully performed their obligations.
12.2. Any disputes and disagreements shall be resolved through correspondence. If an agreement cannot be reached, disputes shall be submitted for consideration to the court at the Performer's place of location (Russian Federation, city of Moscow) in accordance with the laws of the Russian Federation.
12.3. A court ruling declaring any term of the Agreement invalid shall not invalidate the remaining terms.
13. Details of the Self-Employed IndividualPerformer: Aleksandra Andreevna Mitina
Status: Self-employed (payer of professional income tax, PIT)
INN (Taxpayer Identification Number): 330709597659
Account for payment (via Prodamus): 40817810400052425292, Beneficiary: Mitina A.A., T-Bank
Website: https://aquafitmitinaal.tilda.ws/aquamitina
Phone/WhatsApp: +7 916 798 1922
Email for claims and refunds: contactaquamitina@gmail.com
Payment module: Prodamus (integrated on the Website)
Price display currency: USD (United States Dollar)
Date of publication: May 26, 2026
