Marketplace Public Offer and License Agreement

This document is a binding public offer. Acceptance in the manner set out in Section 5 forms a license agreement on the terms below.

This Offer applies only to purchases through the FitSpace Marketplace catalogue. A purchase from an Author's Trainer Space page is governed by the separate Trainer Space Purchase Terms displayed before payment.

1. Definitions

• Platform means the FitSpace information system through which this agreement is concluded and performed.
• Licensor (Author) means the person who listed the Course on the Platform and is entitled to grant the License.
• Licensee (User) means the individual who accepts this Offer.
• Course means the bundle of digital materials offered as a single product on the relevant catalogue page.
• Work means the copyrighted materials comprising the Course (audiovisual works, text and other materials), in the composition disclosed on the Course page before Acceptance, including equipment, level, format and access term.
• License means the non-exclusive license to use the Work solely in the manners set out in Section 4.
• Fee means the license fee equal to the price displayed at checkout.
• Acceptance means full payment of the Fee in accordance with Section 5.
• Refund Policy means the document at /legal/refund-policy/us, which forms part of this Offer.

2. Parties and legal character

The Licensor grants, and the Licensee acquires, the License. This agreement is a license of copyrighted materials. It is not a contract for educational, consulting or other personal services, for any training outcome, or for individual coaching.

The Platform is not the Licensor. The Platform acts as the Licensor's agent, authorized to collect the Fee, provide technical access to the Work and handle related claims. The obligation to grant the License is the Licensor's. Funds paid by the Licensee are received by the Platform on the Licensor's behalf.

Platform operators (payment collection and technical access): for RUB payments via YooKassa — Individual Entrepreneur Vladislav Vasilevich Novoloake, INN 502507145530, OGRNIP 325508100380873, Russian Federation (registered address details are contained in the Unified State Register of Individual Entrepreneurs); for international payments via Stripe — FLOWPIX LIMITED, company number 16157203, registered office: 128 City Road, London, EC1V 2NX, United Kingdom. Operator details: /legal/company-details. The Licensor (Author) is the seller of the Course named on the Course page; the matching operator collects the Fee as the Licensor's agent.

3. Subject matter

The Licensor grants the Licensee the right to use the Work on a non-exclusive basis, within the manners, territory and term stated in this Offer and on the Course page before Acceptance. The Licensee pays the Fee.

The composition of the Work, the Course's material characteristics (including equipment, format and level) and the access term are those disclosed to the Licensee before Acceptance and form part of the agreement.

4. Essential license terms

4.1. Nature of the License

The License is non-exclusive, non-transferable and non-sublicensable unless otherwise agreed in writing.

4.2. Licensed manners of use

The Licensee may use the Work solely:

• to reproduce the Work in device memory to the extent required for viewing through the Platform interface; and
• to access the Work through that interface for personal, non-commercial viewing.

All other rights are reserved, including copying, distribution, public performance outside the Platform, adaptation, making available to the public, commercial exploitation and disclosure to third parties.

4.3. Territory

Worldwide, unless the Course page states otherwise before Acceptance.

4.4. Term

If a limited access period is stated before Acceptance, the License expires automatically at the end of that period. If unlimited access is expressly stated, the License continues for so long as the Platform makes the Course available and the Licensee's account complies with this Offer. Unlimited access is not a covenant that any particular Course or feature will remain available indefinitely.

4.5. Consideration

The Fee equals the checkout price in the stated currency, including applicable taxes and discounts displayed before Acceptance. The Fee is consideration for the grant of the License, not for actual viewing of each item of the Work.

4.6. Time of grant

The right to use the Work is granted when access to the Work is technically confirmed as opened in the Licensee's account after receipt of the Fee. From that moment the Licensor's obligation to grant the License in respect of the Work then made available is performed. Failure by the Licensee to exercise the granted right, including partial or total non-use, does not constitute failure to grant the License or failure to supply the Work.

5. Acceptance and formation

Payment of the Fee constitutes full and unconditional acceptance of this Offer. The agreement is formed upon successful payment. Acceptance confirms that the Licensee has reviewed the composition of the Work, the access term and the Refund Policy.

6. Restrictions; account-tied access

• The License is for personal, non-commercial use only.
• Access is tied to the Licensee's account. Sharing credentials, joint use, resale or other provision of access to third parties is prohibited.
• Material breach of this Section entitles the Platform to suspend or terminate access. Termination for breach does not create a right to repayment of the Fee except as mandatory law requires.

7. Payment and agency

• Payment is processed by third-party processors. RUB payments are processed via YooKassa (operator: IE Vladislav Vasilevich Novoloake); international payments via Stripe (operator: FLOWPIX LIMITED). Details: /legal/company-details. The Platform does not store payment-card details.
• The Platform may retain its disclosed agency (service) fee and remit the balance to the Licensor.
• By completing Acceptance the Licensee agrees to the processor's terms and authorizes the charge.

8. Refunds

Refunds are governed by this Offer and the Refund Policy.

• A double charge, failure to grant access, or confirmed technical impossibility of using the Work entitles the Licensee to repayment of the Fee in full.
• As an additional commercial term more favourable to the Licensee: if use of the Work has not begun (no view or progress record) and a claim is made within fourteen calendar days of payment, the Fee is ordinarily repaid in full to the original payment method. That term does not abridge non-waivable statutory rights.
• After the License has been granted under Section 4.6, failure to achieve a subjectively expected result, a change in the Licensee's personal circumstances, or a mismatch between the Work and the Licensee's assumptions as to place or format of training do not of themselves entitle the Licensee to repayment in full, where the relevant characteristics of the Work were disclosed before Acceptance. Review shall take into account that the right of use was granted, the License term already elapsed, and the extent of actual use of the Work.
• Mandatory consumer law of the applicable jurisdiction prevails. This Offer does not limit statutory rights that cannot be excluded by contract.
• The Platform reviews claims as the Licensor's agent. A refund terminates access and reverses related Licensor earnings.

9. Limitation of liability

• The Platform is not liable for inability to use the Work arising from the Licensee's equipment, network or conduct.
• The Work is provided “as is” and “as available.” All warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, are disclaimed to the fullest extent permitted by law.
• To the extent permitted by mandatory law, the Platform is not liable for indirect, incidental, consequential or punitive damages arising from use of or inability to use the Work.
• The Licensor is solely responsible for the lawfulness of the Work, including copyright, publicity and advertising law. The Platform may disable access upon notice of infringement.
• To the extent permitted by mandatory law, the Platform's aggregate liability to the Licensee shall not exceed the Fee paid for the Course giving rise to the claim, or USD 100, whichever is greater.
• The Work is informational only and is not medical or professional advice. The Licensee should consult a physician before starting any fitness or diet program. The Platform does not provide medical services; training activities are undertaken at the Licensee's own risk. Liability for injury to life or health caused by a defect in goods, work or services is not excluded to the extent such exclusion would be void under mandatory consumer law; however, the Platform is not the manufacturer of the Work — the Licensor (Author) bears responsibility for the quality of the methodology and harm from following the program.
• Third-party links in the Work are used at the Licensee's risk.

10. Indemnity

To the extent permitted by mandatory law, the Licensee shall indemnify, defend and hold harmless the Platform and its operators from claims, damages, losses and expenses (including reasonable attorneys' fees) arising from: (a) unlawful content uploaded or transmitted by the Licensee; (b) infringement of third-party intellectual property or personality rights by the Licensee; or (c) the Licensee's breach of law or this Offer, other than ordinary licensed use of the Work. Ordinary use of the Platform and Work under the License does not trigger indemnification.

11. Amendments; governing law; forum

• The Platform may update this Offer. The current version is published online. Contracts already formed are governed by the version in force at Acceptance, except where mandatory law requires otherwise.
• This Agreement is governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to any non-waivable consumer forum rights, actions arising from this Agreement shall be brought in the state or federal courts located in San Francisco, California.
• These terms are the entire agreement on the subject matter and supersede prior communications. If any provision is unenforceable, the remainder remains in effect.

12. Contact

For questions related to Course purchases: support@fitspace.app

Version 2026-08-18. Last updated: August 18, 2026.