Revision of: 31 August 2026 Service provider: Individual entrepreneur Maksym Serhiiovych Levynets (hereinafter — “Fitshandler”, “the Provider”, “we”) Contact: levinets@gmail.com · https://fitshandler.com
This document is an official public proposal (offer) by the Provider to conclude an agreement on granting access to the Fitshandler service on the terms set out below. In accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine, and also with Article 11 of the Law of Ukraine “On Electronic Commerce”, full and unconditional acceptance of this offer means the actions specified in Section 4 of this Agreement.
1. General provisions
1.1. These Terms constitute a public agreement (public offer) between the Provider and a natural person, an individual entrepreneur or a legal entity that registers an account and creates a workspace (“tenant”) in the Service (hereinafter — “the User”, “you”).
1.2. This Agreement is an adhesion contract within the meaning of Article 634 of the Civil Code of Ukraine: the User accepts its terms as a whole, without any reservations or exceptions. Amendment of the terms of the Agreement by an individual User is not allowed.
1.3. By accepting this offer, you confirm that you have read the terms of the Agreement, fully understand them, accept them and undertake to comply with them. If you do not agree with any term — refrain from acceptance and do not use the service.
1.4. The Provider has the right to unilaterally amend the terms of this Agreement. The current revision is always available via a link in the service and/or on the Provider's website. Continued use of the service after a new revision takes effect means the User agrees with the amendments made.
2. Terms and definitions
2.1. The Service (Fitshandler) — cloud software provided under the SaaS model (Software as a Service) and accessible through the web interface and the Provider's applications.
2.2. Tenant — a separate workspace of the User in the Service, in which the User's data is stored and processed.
2.3. Account — a set of authentication data (login and password) that grants access to the Service within the tenant.
2.4. Content (tenant data) — any information entered into the Service by the User or by the employees the User has added, in particular data on clients, memberships, classes, goods, services, sales and settlements.
2.5. Subscription plan — a set of functional capabilities, limitations, price and payment period chosen by the User.
2.6. Acceptance — full and unconditional acceptance by the User of the terms of this offer by performing the actions defined in Section 4.
3. Subject matter of the Agreement
3.1. The Provider grants the User a non-exclusive, non-transferable licence, limited to the subscription term, to access the Service and use its functional capabilities under the SaaS model, and the User undertakes to use the Service on the terms of this Agreement and to pay for it on the terms of the chosen subscription plan.
3.2. Fitshandler is intended for managing fitness studios, gyms and dance studios: records of clients and memberships, class schedules and bookings, sales and the cash register, coach payroll, online booking, integrations (fiscalisation, payment providers) and related functions.
3.3. The Service is provided on an “as is” and “as available” basis. The Provider makes reasonable efforts to ensure uninterrupted operation of the Service, but does not guarantee the absence of failures, errors or interruptions (scheduled or emergency).
3.4. The Provider has the right to change, add or discontinue individual functions of the Service, notifying the User of material changes in advance in a reasonable manner (in particular through the Service interface or by email).
4. Acceptance of the offer and procedure for concluding the Agreement
4.1. Acceptance of this offer (conclusion of the Agreement) is the performance by the User of any of the following actions: registration of an account, creation of a tenant and/or ticking the box confirming agreement with these Terms.
4.2. The Agreement is deemed concluded from the moment of acceptance and is valid for the entire period of use of the Service until its termination on the grounds provided for by this Agreement.
4.3. The fact of acceptance, the date and time it was performed are stored in the User's account and constitute sufficient evidence of the conclusion of the Agreement.
5. Account and security
5.1. The User is responsible for keeping the access credentials confidential and for all actions performed under the User's account and within the User's tenant.
5.2. The User undertakes to provide accurate information during registration and to update it in a timely manner.
5.3. The User is responsible for the actions of the users (employees) added by the User within the User's tenant as for the User's own actions.
5.4. The User undertakes to notify the Provider without delay of any case of unauthorised access to the account or of a security breach.
6. Plans, payment and subscription
6.1. Use of paid subscription plans is carried out on a subscription basis. The price, payment period and scope of functions are determined by the subscription plan chosen at the moment of payment. All settlements under the Agreement are made in the national currency of Ukraine — the hryvnia.
6.2. Payment is made on the terms of full advance payment (100% prepayment) for the chosen period.
6.3. When automatic renewal is enabled, the subscription is automatically renewed and charged at the start of each new period until it is cancelled (direct debiting of funds within the consent granted by the User).
6.4. The User may cancel the subscription or disable automatic renewal at any time in the account area. Cancellation stops further charges; access to the Service is retained until the end of the period already paid for.
6.5. Unless otherwise expressly provided by law or by a separate arrangement between the Parties, the funds paid for the current period are non-refundable.
6.6. The Provider has the right to change the plan prices. A change in price does not affect the period already paid for and applies from the next period; the Provider notifies of the change in advance.
6.7. Payments are processed by third-party payment providers; such transactions are also subject to the terms of the respective providers.
7. Rules of use
7.1. The User undertakes to use the Service lawfully, in good faith and not to infringe the rights and legitimate interests of third parties.
7.2. It is prohibited to: attempt to gain unauthorised access, disrupt the operation of the Service, circumvent technical limitations, use the Service for unlawful activity, and also upload malicious software or unlawful content.
7.3. The User bears sole responsibility for the data the User enters (in particular about clients and their memberships) and for having the legal grounds for processing it in accordance with personal data protection legislation.
8. Personal data and confidentiality
8.1. Personal data is processed in accordance with the Law of Ukraine “On the Protection of Personal Data”. This section defines the procedure for processing personal data by the Provider and is an integral part of this Agreement: it sets out all provisions concerning the data of the business User and its staff, and no separate document is drawn up for that relationship. The processing of data belonging to the business’s clients in the client app is described in a separate Privacy Policy.
8.2. What data is processed. The Provider processes: registration and contact data of the User (name, business name, email address, phone number), payment data (processed by third-party payment providers), and also technical data that arises during use of the Service (IP address, device and browser data, action logs, cookies necessary for the operation and security of the Service).
8.3. Purpose and grounds for processing. Data is processed for the purpose of providing the Service, administering it, carrying out settlements, providing technical support, ensuring security and complying with the requirements of the law. The grounds for processing are the conclusion and performance of this Agreement, the User's consent and/or the requirements of applicable law.
8.4. The Provider does not sell and under no circumstances transfers the User's data to third parties or outside organisations for their own purposes. Data may be transmitted to third-party services solely through integrations that the User enables on the User's own initiative (fiscal operators, payment systems, messengers, etc. — see Section 9), or where this is expressly required by law or on the basis of a lawful request from an authorised state authority.
8.5. With regard to the personal data of the User's clients, the User acts as the controller of personal data, and Fitshandler as the processor of personal data (within the meaning of the Law of Ukraine “On the Protection of Personal Data”), which processes it on the instructions of the User and solely within the scope of providing the Service.
8.6. Rights of the personal data subject. The User has the rights provided for by Article 8 of the Law of Ukraine “On the Protection of Personal Data”, in particular: to know about the sources and purpose of the processing of the User's data, to obtain access to it, to demand its correction or deletion, to withdraw consent to processing. To exercise these rights, the User should contact the Provider at the contact address specified in this Agreement.
8.7. Retention period. The Provider stores tenant data for the entire period during which the User remains a client. After the use of the Service ends, the User's data is deleted; before deletion the Provider provides the User with a copy of the User's database (an export). Certain data may be stored longer where this is expressly required by law (in particular for fiscal reporting purposes).
8.8. The Provider takes reasonable technical and organisational measures to protect data; at the same time, the User is also responsible for the proper and secure use of the Service.
9. Third-party integrations
9.1. The Service may connect third-party services (fiscal operators, payment systems, messengers, etc.). The Provider is not responsible for the operation, availability, content or terms of such services.
9.2. Use of integrations may require separate accounts and agreement to the terms of the respective providers, relations with whom are governed directly between the User and such providers.
10. Intellectual property
10.1. All exclusive proprietary rights to the Service, its software code, algorithms, design, databases and trade designations belong to the Provider or its licensors and are protected, in particular, by the Law of Ukraine “On Copyright and Related Rights”. The software code and algorithms of the Service are a trade secret of the Provider.
10.2. This Agreement does not transfer to the User any intellectual property rights in the Service, other than the non-exclusive right to use it on the terms of a subscription for the term of the Agreement.
11. Limitation of liability
11.1. To the maximum extent permitted by applicable law, the Provider is not liable for indirect, incidental or consequential damages, lost profit, loss of data or interruption of the User's business.
11.2. The Provider's aggregate liability on any grounds connected with this Agreement is limited to the amount actually paid by the User for the Service for the 3 (three) months preceding the event that gave rise to the liability.
11.3. The User is solely responsible for the correctness of fiscal, tax and other mandatory operations in accordance with the law; the Service is a tool, not a replacement for the User's legal obligations.
11.4. Force majeure. The Provider is not liable for non-performance or improper performance of obligations caused by circumstances of force majeure that are beyond its reasonable control — in particular failures, outages or cessation of operation on the side of a third-party cloud (hosting) provider on whose infrastructure the Service runs, and also cyberattacks, natural disasters, military action, the introduction of martial law or a state of emergency, large-scale network failures, decisions of public authorities, and the like.
11.5. Should such circumstances occur, temporary unavailability of the Service or loss of data is possible. The Provider makes reasonable efforts to restore operation and preserve data, but does not guarantee full recovery and bears no liability for data lost as a result of force majeure.
12. Suspension and termination
12.1. The Provider has the right to suspend or terminate access to the Service in the event of a breach by the User of the terms of this Agreement, overdue payment, abuse or at the demand of the law, notifying the User of this where possible.
12.2. The User may stop using the Service at any time by cancelling the subscription and/or deleting the tenant, subject to clause 8.4 of this Agreement.
13. Electronic interaction
13.1. The Parties recognise the legal force of actions performed in electronic form through the Service interface (acceptance of the offer, change of subscription, granting of consents, etc.), and also of notices sent to the contact details of the Parties, on a par with documents on paper, in accordance with the Law of Ukraine “On Electronic Commerce” and the Law of Ukraine “On Electronic Documents and Electronic Document Circulation”.
14. Dispute resolution procedure
14.1. All disputes arising out of or in connection with this Agreement, the Parties seek to settle through negotiations.
14.2. If no agreement is reached, the dispute is referred to a court in accordance with the applicable law of Ukraine. The substantive law of Ukraine applies to the relations of the Parties.
15. Reservation on non-cooperation with the aggressor state
15.1. In view of the armed aggression against Ukraine, the Provider does not cooperate with and does not grant access to the Service — either to business entities or to natural persons — that are connected with the russian federation and/or the republic of belarus, in particular that have citizenship, registration, location, place of residence or ultimate beneficial owners there, and also to persons subject to sanctions of Ukraine.
15.2. The Provider does not support and in no way assists the aggressor state. Use of the Service for activity in favour of the russian federation, the republic of belarus or other states recognised by Ukraine as aggressor states (occupiers) is prohibited.
15.3. By accepting this offer, the User confirms and warrants that the User and the User's ultimate beneficial owners are not subject to the restrictions specified in clause 15.1, and that the data provided by the User is accurate. Should a breach of this section be discovered, the Provider has the right to immediately terminate access to the Service without a refund.
16. Final provisions
16.1. If any individual provision of this Agreement is held invalid or unenforceable, this does not affect the validity of the remaining provisions.
16.2. For all matters related to this Agreement, please contact: levinets@gmail.com.
16.3. By accepting this offer, the User confirms that the conclusion and performance of this Agreement does not contradict the law applicable to the User.
17. Provider details
Individual entrepreneur Maksym Serhiiovych Levynets
Tax number (RNOKPP): 3179210933
IBAN: UA723220010000026005380053841
Bank: JSC “UNIVERSAL BANK”, MFO 322001
Email: levinets@gmail.com
Website: https://fitshandler.com
Acceptance of these Terms is confirmed by ticking the “I accept the terms” box before creating a tenant and is stored in the User's account (clause 4.3).