Terms of Use

1. Parties and Nature of This Document

These Terms of Use ("Terms") govern the relationship between individual entrepreneur Karnaukh Iryna Oleksandrivna, taxpayer registration number 3029410706, with address at prov. Otakara Yarosha 12a, Kharkiv, 61045, Ukraine ("IK Pilates", "we", "us"), and any person who uses our website, mobile applications or booking platform, or who attends a class, personal training session or other service at our Kharkiv studios ("you", "the Client").

These Terms constitute a public offer within the meaning of Articles 633 and 641 of the Civil Code of Ukraine and an electronic contract within the meaning of the Law of Ukraine "On Electronic Commerce" No. 675-VIII. By creating an account, making a booking, or attending a session, you accept this offer in full, and a contract is concluded on the terms set out here.

We have written these Terms to be clear rather than clever. Where a rule protects the studio, we say so plainly and explain why, so that you know where you stand before you book.

If you do not accept these Terms, please do not use the platform or our services.

2. Definitions

Platform means the IK Pilates website at ikpilates.com, the IK Pilates iOS and Android applications, and the booking and account systems accessible through them.

Session means a group class, a duet session, a personal training session or any other bookable service offered by IK Pilates.

Package means a pre-paid entitlement to a stated number of Sessions, subject to a validity period.

Studio means the premises operated by IK Pilates in Kharkiv at which Sessions are delivered.

Instructor means a qualified professional engaged by IK Pilates to deliver Sessions.

Credit means a non-cash entitlement to book a Session of equivalent value, valid for the period stated when it is issued.

On-Demand Class means a pre-recorded video class, exercise demonstration or similar content made available on the platform for streaming.

AI Movement Tracking means the optional feature of our mobile applications that uses your device's camera to count repetitions and to compare your movement with the Instructor's during an On-Demand Class.

3. Eligibility and Accounts

The platform is intended for persons of full civil capacity. A minor may attend Sessions only where a parent or guardian holds the account, has accepted these Terms and has provided the health information required under Section 9.

You must provide accurate and complete information when registering, and keep it up to date. Each person may hold one account. Accounts, Packages and Credits are personal to you and may not be shared, transferred, resold or used by anyone else. Where we find that a Package has been used by a person other than the Client, we may cancel the remaining Sessions without refund.

You are responsible for maintaining the confidentiality of your credentials and for all activity carried out under your account. You may review and revoke your active sessions and devices at any time in your account settings. Please tell us immediately at studio@ikpilates.com if you suspect unauthorised access.

We may suspend or close an account where these Terms are breached, where the information in it is materially false, where amounts due to us remain unpaid, or where suspension is necessary to protect the safety of clients or staff. Where we close an account for breach, Sessions remaining in a Package are forfeited, save to the extent that forfeiture would be disproportionate in the circumstances.

4. Booking a Session

Bookings are made through the platform, subject to availability, and are confirmed by the platform and by email. Availability is not guaranteed, and displaying a Session on the schedule is an invitation to book rather than a promise that a place will be held for you.

Where a Session requires confirmation by the Studio or the Instructor, your booking is initially recorded as pending. A pending request that is not confirmed within 24 hours lapses automatically. You may withdraw a pending request at any time without charge.

Where a Session is full, you may join the waiting list. Places are offered in the order in which waiting-list requests were received. An offered place must be accepted within the period stated in the offer, failing which it passes to the next person on the list.

The contract for a Session is concluded when the platform confirms your booking, or, for Sessions requiring confirmation, when the Studio or Instructor confirms it.

5. Cancellation, Rescheduling and Non-Attendance

We hold your place, turn away other clients for it, and roster an Instructor for it. That is why the following applies, and we apply it consistently so that it is fair to everyone on the schedule.

You may cancel a confirmed booking free of charge at any time up to 24 hours before the scheduled start of the Session. The cancellation window in force for a particular Session is displayed on the booking screen and in your confirmation email.

A cancellation made less than 24 hours before the start, and a failure to attend a booked Session without cancelling, are both treated as attendance: the Session is deducted from your Package, or the applicable fee remains payable. This applies regardless of the reason, because the place cannot be re-offered at short notice. Air raid alerts and other safety interruptions are the exception and are governed by Section 6.

Where a Client repeatedly fails to attend booked Sessions without cancelling, we may require prepayment for future bookings, limit the number of Sessions that may be held open at one time, or withdraw booking rights. We will always tell you before we do this and give you a chance to put it right.

Rescheduling is available where the platform offers it for the Session concerned and requires the agreement of both parties. An Instructor may propose an alternative slot, which you are free to accept or decline; declining leaves the original booking in force.

6. Air Raid Alerts and Safety Interruptions

Your safety comes before any booking rule, and nothing in Section 5 is applied against a Client who is following a safety instruction.

If an air raid alert is announced before a Session begins, the Session does not start and is restored to your Package in full.

If an alert is announced during a Session, the Instructor will interrupt the Session and direct everyone to the nearest shelter or to the safest available area of the premises. Where the Session is interrupted before half of its duration has elapsed, it is restored to your Package in full. Where more than half has elapsed, the Session is treated as delivered, and we will use reasonable efforts to offer a goodwill make-up slot.

Instructions given by staff during an alert must be followed without exception. We do not accept liability for injury or loss resulting from a refusal to follow those instructions.

7. When We Change or Cancel a Session

We may cancel or reschedule a Session where the Instructor is unavailable, where the minimum number of participants for a group Session is not reached, where equipment or premises are unsafe, or for reasons of force majeure, including power outages and other circumstances arising from the armed aggression against Ukraine.

Where we cancel, we will tell you as early as we reasonably can and will restore the Session to your Package or issue a Credit of equivalent value. Where you would prefer an alternative slot, we will offer one where we can. A refund in money is made where the law requires it, or where we are unable to offer you a reasonable alternative within a reasonable period.

We may substitute an equally qualified Instructor, and we may change the room or, exceptionally, the studio at which a Session is delivered. Pilates at IK Pilates is a method and a standard rather than a single individual, and every Instructor is trained to the same standard. A change of Instructor, room or studio does not entitle you to cancel free of charge outside the ordinary cancellation window.

We may vary the timetable, the class types offered and the opening hours of the Studio. Bookings already confirmed are honoured or, where that is not possible, treated under this Section.

8. Prices, Payment and Changes to Prices

Current prices are published on the Prices page of the platform and are stated in Ukrainian hryvnia. We apply the simplified taxation system applicable to individual entrepreneurs, and the price displayed is the final price payable.

We accept payment by bank transfer to the account published in the payment details on our Prices page, and at the studio. We do not process card payments online and we will never ask for card details by email, telephone or messaging application.

Payment is due before the first Session to which it relates. We may refuse admission to a Session where payment has not been received, and we may hold a booking as pending until payment clears.

Where payment is made by bank transfer, please quote the payment purpose shown on the payment details screen so that we can allocate it correctly. Charges levied by your own bank are borne by you. Where an amount remains unpaid after it falls due, we may suspend access to bookings until it is settled. Documents confirming payment are issued on request.

We may change our prices at any time. A change never affects a Package you have already paid for: your Package runs to its stated number of Sessions and its stated validity period at the price you paid. New prices apply to purchases made after they are published.

9. Packages, Validity and Refunds

A Package entitles you to the stated number of Sessions within its validity period, which is stated on the Prices page at the time of purchase and is typically one month or thirty days from the date of purchase. The validity period runs from the date of purchase, not from the date of your first Session.

Unused Sessions expire at the end of the validity period. They are not refunded, not carried forward and not exchanged for money or goods.

We understand that life interrupts training, particularly in wartime. We may, at our discretion, extend or freeze a Package where you are prevented from attending by documented illness or injury, by pregnancy, by evacuation or displacement, or by other force majeure. A request should reach us before the Package expires, and we may make an extension subject to a reasonable administration fee and to a maximum period. This is a goodwill accommodation and not an entitlement, and a decision in one case does not bind us in another.

Except where the law requires otherwise, amounts paid are not refundable. In particular, we do not refund on the ground that you have changed your mind after the withdrawal period in Section 10, that you have not used the Sessions you bought, or that you have moved away or changed your routine. Your statutory rights, including those in Section 10, are not affected by this Section.

Where a refund is due, it is made within the period prescribed by law using the same means of payment you used, unless you request otherwise.

10. Consumer Rights and Withdrawal

Where you contract with us as a consumer, you enjoy the protection of the Law of Ukraine "On Protection of Consumer Rights" No. 1023-XII, which remains in force at the date of this document. The new Law of Ukraine "On Protection of Consumer Rights" No. 3153-IX of 10 June 2023 will enter into force in accordance with its final provisions, and we will update these Terms accordingly when it does. Nothing in Section 9 limits this Section.

For a contract concluded at a distance, you have the right to withdraw within fourteen days of its conclusion by notifying us in writing at studio@ikpilates.com.

That right does not apply to the booking of a Session on a specific date or within a specific period, because the law excludes from the right of withdrawal contracts for leisure services which the seller undertakes to provide at a specific time or within a specific period. Your ordinary cancellation rights under Section 5 continue to apply to such bookings.

Where you withdraw from a Package during the fourteen-day period and Sessions have already been used with your agreement, you remain liable for a proportionate amount corresponding to the Sessions used.

You are also entitled to complete and accurate information about the service and its price before you commit, to a service performed with proper quality and care, and to compensation for damage caused by a service of improper quality.

11. Health, Fitness to Participate and Assumption of Risk

Pilates is physical exercise. Participation carries inherent risks, including muscular strain, joint and spinal injury, falls, and aggravation of pre-existing conditions. By booking a Session you acknowledge those risks and accept them voluntarily.

You warrant that you are in a state of health that permits you to participate safely. You undertake to tell us, before your first Session and thereafter whenever your circumstances change, of any injury, illness, surgery, pregnancy, cardiovascular, neurological or musculoskeletal condition, or medication that could affect your ability to exercise safely.

This warranty matters. Our Instructors adapt every Session to what they have been told. Where you do not tell us something relevant, or tell us something inaccurate, we cannot adapt, and we are not responsible for injury or aggravation of a condition that results. You agree to hold us harmless against claims brought by third parties that arise from your failure to disclose.

We strongly recommend that you obtain medical advice before beginning any new exercise programme, and in particular if you are pregnant, post-natal, recovering from injury or surgery, or living with a chronic condition. Where a condition requires medical supervision, we may ask for written clearance from your treating physician before accepting a booking, and we may decline the booking until we receive it.

Instructors are qualified Pilates professionals. They are not physicians and do not provide medical diagnosis, treatment, physiotherapy or rehabilitation advice. Nothing said or provided in a Session is a substitute for professional medical care.

You must follow the Instructor's directions at all times, use equipment only as instructed, and stop immediately and tell the Instructor if you experience pain, dizziness or discomfort.

We may refuse participation in a Session where, in the reasonable judgement of the Instructor, participation would be unsafe for you or for others. Where we refuse on that ground, the Session is deducted unless the reason is one we could have identified before you arrived.

12. Conduct, Punctuality and Equipment

Please arrive at least five minutes before the start of a Session. Joining after the warm-up carries a real risk of injury and disrupts the Session for everyone else, so the Instructor may refuse admission to a Client who arrives late. Where admission is refused on that ground, the Session is treated as attended and is deducted.

Clean indoor footwear or grip socks are required. Equipment must be wiped down after use. Personal belongings are to be kept in the lockers provided.

Our apparatus is professional equipment and is expensive to repair or replace, particularly where it must be imported. Where equipment is damaged by a Client through misuse, through failure to follow the Instructor's directions, or through deliberate or careless conduct, we may charge the reasonable cost of repair or replacement.

Photography and video recording at the Studio require the prior consent of everyone present and of the Instructor.

We may exclude from the Studio, without refund, any person who behaves abusively or discriminatorily, who attends under the influence of alcohol or drugs, or whose conduct endangers others.

Personal property is brought to the Studio at your own risk. We do not accept liability for loss of or damage to personal property left at the Studio, including in lockers, except where the loss is caused by our own fault.

13. Use of the Platform

We grant you a limited, personal, non-exclusive, non-transferable and revocable right to use the platform for the purpose of booking and managing your Sessions and of using the other features we make available to you, including On-Demand Classes and AI Movement Tracking.

You must not attempt to gain unauthorised access to any part of the platform, to any account other than your own, or to any underlying system; interfere with the operation of the platform or circumvent any security or rate-limiting measure; use automated means to extract data from the platform; reverse engineer, decompile or disassemble any part of the platform, except to the extent permitted by law; or use the platform to transmit unlawful, abusive or misleading content.

We may take technical and legal measures to protect the platform, including revoking sessions, restricting access and reporting unlawful conduct to the competent authorities.

Our mobile applications are published in the app stores by Karnaukh Iryna Oleksandrivna, who also provides the services available through them in Ukraine under these Terms. Apple, Google and any other app store operator are not parties to these Terms and have no obligation to provide maintenance or support for our applications.

14. On-Demand Classes

On-Demand Classes are available to Clients who hold an active account and are signed in to the platform. At present they are provided free of charge. We decide which On-Demand Classes are offered, to whom, in which languages and on which devices, and we may make particular classes available only to certain Clients, such as those holding a Package.

On-Demand Classes are streamed only. They are not sold or delivered to you as a copy and are not available offline. Your use of them is governed by the licence in Section 18.

We may add, change, replace, shorten or withdraw any On-Demand Class, and change the features of the player, at any time and without notice, for example to update or improve our content, for reasons of safety, quality, law or technology, where an Instructor who appears in a class no longer works with us, or for our business reasons. Because On-Demand Classes are provided free of charge, you are not entitled to any particular class, to its continued availability or to compensation when it is changed or withdrawn. You may stop using On-Demand Classes at any time.

We may in future offer some or all On-Demand Classes, or additional features, only against payment or as part of a paid membership. We will announce this at least 30 days in advance through the platform or by email. You will never be charged unless you choose to buy, and the price, the terms and any right of withdrawal that applies will be shown to you before you buy.

To stream On-Demand Classes you need a compatible device, a supported version of our application or browser and an internet connection, all at your own cost, including any mobile data charges.

15. AI Movement Tracking

AI Movement Tracking is optional and is available only in our mobile applications on supported devices. It works only after you allow our application to use your device's camera, and you can withdraw that permission at any time in your device settings. You can follow every On-Demand Class without it by choosing Just watch.

The camera image is analysed on your device and is never recorded, stored or sent. How we process the results is described in our Privacy Policy.

AI Movement Tracking estimates the position of your body from a camera image. Its accuracy depends on your device, the lighting, your clothing, the position of the camera, the space around you and other factors outside our control. Repetition counts, match scores, time in sync, progress and every other result are automated estimates, which may be incomplete or wrong. They do not tell you whether you are performing an exercise correctly or safely, and they are not a substitute for an Instructor.

AI Movement Tracking is a general fitness feature. It is not a medical device, and it does not diagnose, treat, cure, monitor or prevent any disease or medical condition.

We may change, improve, suspend or withdraw AI Movement Tracking, or the way it calculates results, at any time. Results calculated before a change may not be comparable with later results.

16. Your Safety and Our Liability for On-Demand Classes and AI Movement Tracking

On-Demand Classes and AI Movement Tracking are provided free of charge, as they are and as available. They are not personal training. No Instructor watches you, corrects your technique or can stop you during an On-Demand Class, and you alone decide whether a class, an exercise, its intensity or its level is suitable for you, for the space you train in and for the equipment you use.

You take part in On-Demand Classes at your own risk. Before each class you are responsible for checking that you are fit to exercise, that your space is clear and safe, that any equipment is sound and used as shown, and that you can stop at any moment. You must stop immediately if you feel pain, dizziness, shortness of breath or discomfort. The notice shown in our applications applies to every class: "For reference only, not medical advice. IK Pilates is not a medical device and does not diagnose, treat, cure, or prevent any medical condition. Consult a physician first."

Section 11 applies to On-Demand Classes as it applies to Sessions, in particular your warranty about your state of health and our recommendation that you obtain medical advice before beginning any new exercise programme.

The results of AI Movement Tracking are automated estimates. They can be wrong, they do not assess whether you are exercising safely, and you must not rely on them for that purpose or for any decision about your health.

To the fullest extent permitted by law, neither IK Pilates nor its Instructors or staff is liable for any damage or loss arising from or in connection with an On-Demand Class, an exercise demonstration, AI Movement Tracking or any result it displays. This includes injury or the aggravation of a condition that results from how you performed an exercise, from your choice of class, space or equipment, or from your reliance on a result. It also includes damage to property, loss of data, interruption, change or unavailability of the service, and any indirect or consequential loss, loss of profit or loss of opportunity.

Nothing in this Section excludes or limits liability for death or harm to health caused by our actions or omissions, liability for an intentional breach, or any other liability that cannot be excluded or limited under Ukrainian law, and nothing in it affects your statutory rights as a consumer.

17. Availability and Changes to the Platform

We aim to keep the platform available continuously, but we do not guarantee uninterrupted or error-free operation. Access may be suspended for maintenance, updates or reasons beyond our control, including power outages and disruption of communications.

We may add, modify or discontinue features of the platform. Where a change materially reduces functionality you rely on, we will give reasonable notice. This does not apply to On-Demand Classes and AI Movement Tracking, which are governed by Sections 14 and 15.

Where a technical fault causes a booking to be recorded incorrectly, please tell us promptly and we will correct the position, restoring a Session or a Credit as appropriate.

18. Intellectual Property and Your Licence to Stream Classes

All class content on the platform is created by IK Pilates and belongs to IK Pilates. This includes every on-demand class video, exercise demonstration, poster and thumbnail, the movement reference data used for AI movement tracking, our class descriptions, programmes, sequences, photographs and written materials, the IK Pilates name and logo, and the design of our website and applications. It is protected by the Law of Ukraine "On Copyright and Related Rights" and by trade mark law.

While your account is active, we grant you a personal, non-exclusive and non-transferable licence to stream the on-demand classes available to you, for your own non-commercial exercise, and only through our applications and our website. You may not sublicense it. The licence ends automatically when your account is closed, and we may withdraw it if you breach this Section.

You must not:

download, save or keep a copy of any class, other than the temporary copies your device makes automatically during playback; screen-record, film or photograph a class, or record its sound; share, redistribute, sell, rent or re-stream a class, or show it publicly, including at a gym, a studio, a class you teach, or online; share your account or your playback links with anyone; extract streams, video files or movement reference data from the platform, or circumvent, disable or interfere with the signed links, access controls or other technical measures that protect our classes; use our classes or movement reference data to create derivative works, or to train, test or build any software or model.

These Terms do not transfer ownership of any intellectual property right to you. Any use of our materials beyond what this Section permits requires our prior written consent, except where mandatory law allows it. Programme materials shared with you at the Studio are for your personal use only and may not be taught, sold or circulated.

A breach of this Section is a material breach of these Terms, and we may suspend or withdraw your access to on-demand classes. You are liable for any loss we suffer as a result of the breach. Unauthorised copying and circumvention of technical protection measures may also infringe our rights under the law, and we reserve all remedies available to us.

Our applications contain open-source software components, which are provided under their own licence terms.

Equipment brand names referred to on the platform are the trade marks of their respective proprietors and are used for identification only.

19. Liability

Nothing in these Terms excludes or limits our liability for harm to life or health caused by our fault, for intentional wrongdoing, or for any other liability that cannot be limited under Ukrainian law. Your statutory rights as a consumer are not affected.

Subject to the foregoing, our liability arising out of or in connection with a Session or a Package is limited to the amount you paid for the Session or Package concerned. The same limits apply to any claim brought against our Instructors or staff personally in connection with a Session, a Package or the platform.

We are not liable for indirect loss, for loss of profit or opportunity, or for injury or aggravation of a condition that results from your failure to disclose relevant health information, from your failure to follow the Instructor's directions, or from your use of equipment other than as instructed.

We do not insure clients against injury sustained during participation. We recommend that you hold personal accident and health insurance appropriate to your circumstances.

Our liability in connection with On-Demand Classes and AI Movement Tracking is governed by Section 16.

20. Force Majeure

Neither party is liable for failure to perform an obligation where performance is prevented by an event beyond its reasonable control, including martial law, armed aggression, hostilities, air raid alerts, missile and drone attacks, mobilisation, curfew, evacuation, power and communications outages, natural disaster, fire, flood, epidemic or act of public authority.

The affected party will notify the other as soon as practicable. Where the event prevents delivery of a Session, Sections 6 and 7 apply, and we will extend the validity of an affected Package by the period of the disruption.

Where force majeure prevents performance for a continuous period exceeding three months, either party may terminate the contract, and any amount paid for Sessions not delivered is refunded or, at your election, retained as Credit.

21. Complaints and Dispute Resolution

We would like the opportunity to put things right. Please write to studio@ikpilates.com describing the issue and the outcome you seek. We will acknowledge within 7 days and respond substantively within 30 days.

If our answer does not resolve the matter, you may apply to the State Service of Ukraine for Food Safety and Consumer Protection or to its territorial body in the Kharkiv region, or bring proceedings before the competent court of Ukraine. A consumer may bring proceedings at their own place of residence and is exempt from court fees in claims for the protection of consumer rights.

22. Governing Law

These Terms are governed by the law of Ukraine. Disputes not resolved by negotiation are subject to the jurisdiction of the courts of Ukraine.

23. Changes to These Terms

We may amend these Terms to reflect changes in our services, in our operating practices or in applicable law, including the entry into force of the new Law on Protection of Consumer Rights.

We will notify registered users of material changes by email or through an in-application notice at least 14 days before they take effect. If you do not accept the amended Terms, you may close your account before the effective date; Packages already paid for continue to be governed by the Terms in force at the time of purchase.

Continued use of the platform after the effective date constitutes acceptance of the amended Terms.

24. Miscellaneous

If any provision of these Terms is held invalid, the remaining provisions continue in force, and the invalid provision is replaced by a valid provision approximating the original intention as closely as possible.

Our failure to enforce a right on one occasion is not a waiver of that right, and any concession we make in an individual case is made without prejudice to our position in any other case.

These Terms, together with the Privacy Policy, the Cookie Policy and the Legal Information page, constitute the entire agreement between you and IK Pilates in relation to the platform and the Sessions.

25. Contact

Individual entrepreneur Karnaukh Iryna Oleksandrivna Taxpayer registration number: 3029410706 Address: prov. Otakara Yarosha 12a, Kharkiv, 61045, Ukraine Email: studio@ikpilates.com Telephone: +380 67 508 4343 Website: ikpilates.com