Agreement for the Use of Materials and Services of the Website (User Agreement)


This Agreement is a public offer (according to Article 435 and Paragraph 2 of Article 437 of the Civil Code of the Russian Federation) – an offer addressed to an unlimited number of persons (Internet Users) and defines the terms of use of the materials and services posted on the website on the Internet at: https://artemkushnarev.com, by the Visitors (Users) of this website (hereinafter referred to as the Site). By accessing the materials of the Site, the User is considered to have joined this Agreement.

Terms used in this Agreement:


  • User (Site Visitor, "Buyer") – an Internet user who has accepted the terms of this Agreement and/or registered on the Site at: https://artemkushnarev.com.
  • Works (Site Content) – texts (materials in the form of seminars) or audio-video recordings of materials (including live broadcast recordings), online courses posted on the Site of the Owner (Site Administrator, "Seller") and available to Users through the Site;
  • Internet site or Site – an information resource on the Internet, owned and administered by the Site Owner (Administrator).

1. General Conditions


1.1. This Agreement defines the conditions for access and use of the Site, mobile versions of the Site, mobile applications of the Site, and other internet portals owned by the Owner (Site Administrator), access to which is provided by the Site Administrator.
1.2. The use of the Site's services is governed by this Agreement, as well as the Privacy Policy, which is an integral part of this Agreement (Appendix No. 1 to the Agreement).
1.3. By completing the registration procedure on the Site, the User is considered to have accepted the terms of this Agreement in full (including the Privacy Policy), without any reservations and exceptions. In case of disagreement with the terms of the Agreement, the User is not entitled to use the Site's services and must immediately stop using the Site.
1.4. This Agreement, concluded by accepting this public offer, does not require bilateral signing and is effective in electronic form.
1.5. The Site Administrator (Owner) provides the User with the opportunity to use the Site's materials for personal purposes, not related to business activities, under the terms of the Agreement. The Agreement comes into force from the moment the User expresses consent to its terms in the manner provided for in paragraphs 1.3 and 1.4 of this Agreement.
1.6. This Agreement may be amended by the Administrator without any special notice. The new version of the Agreement comes into force and becomes binding for the Parties from the moment it is published on the Site. The User undertakes to familiarize themselves with the content of the Agreement posted on the Site at each visit to the Site to timely familiarize themselves with its changes.
1.7. By agreeing to the terms of this Agreement, the User confirms the accuracy of the data provided by them under this Agreement and assumes all responsibility for their accuracy, completeness, and reliability.
1.8. The information (materials, seminars) posted on the Site are not an educational product, medical recommendations, and do not constitute medical advice, but are solely for informational purposes for Site Users. Site Users independently assume responsibility for using the provided information for informational purposes. The training online courses posted on the Site are informational and consultative in nature (not an educational product) and represent a set of exercises and recommendations for physical activity. The right holder is not responsible for any harm caused by the User when performing exercises from the online courses posted on the Site. The User independently assumes responsibility for their health when performing workouts.

2. Subject of the Agreement


2.1. The Site Administrator (Owner) provides the User with access to the Site's services, with the mandatory condition for the Administrator (Owner) of the Site to provide services in accordance with this Agreement being the User's acceptance, compliance, and application of the requirements and provisions defined by this Agreement to the relations between the Parties.

3. Registration on the Site


3.1. The Site is created for informational purposes.
3.2. To use the services provided by the Administrator under this Agreement, the User must undergo the mandatory registration procedure on the Site at: https://artemkushnarev.com. Registration on the Site is free and voluntary.
3.3. When registering on the Site, the User must provide the Administrator with the necessary accurate and up-to-date information to create a Profile (personal account), including a unique login (email address) and password to access the Site, as well as surname and first name and other data (phone or Telegram name).

4. Rights and Obligations of the Administrator


4.1. The Administrator has the right to:
4.1.1. Change the conditions for providing services posted on the Site unilaterally without the User's consent by posting such changes on the Site.
4.1.2. Restrict certain actions of the User without prior notice if such actions pose a threat to the normal functioning of the Site. The Site Administrator has the right to terminate and/or block access to the Site without prior notice to the User if the User has violated this Agreement or the terms of use of the Site contained in other documents, as well as in the event of the Site's termination or due to a technical malfunction or problem.
4.1.3. If the User or their representative withdraws consent to the processing of personal data in accordance with paragraph 5.1.6 of this Agreement, the Administrator has the right to continue processing personal data without the subject's (User's) consent if there are grounds specified in paragraphs 2-11 of part 1 of Article 6, part 2 of Article 10, and part 2 of Article 11 of the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data".
4.1.4. To solve technical issues when determining the User's fault due to their unlawful actions when using the Internet and the Site, the Administrator has the right to independently engage competent organizations as experts. If the User's fault is established, the latter is obliged to reimburse the costs of the examination.
4.1.5. If the User has committed or is suspected by the Administrator of committing illegal actions aimed at causing damage to the Administrator and/or third parties, the Administrator has the right to refuse to provide services, register a personal account, or perform any other actions on the Site.

4.2. The Administrator is obliged to:
4.2.1. Not disclose information received from Users during registration to third parties.
4.2.2. Provide Users with materials (information) for download (or otherwise – by sending a link to the specified User's messenger or email) after receiving payment from the User (no later than 3 (three) working days from the date of payment).

5. Rights and Obligations of the User


5.1. The User has the right to:
5.1.1. Have round-the-clock access to the Site, except during planned or unscheduled maintenance, repair, or other types of work or technical failures.
5.1.2. In case of questions and claims, the User has the right to contact the Administrator via email: artem-kushnarev@inbox.ru.
5.1.3. Independently change the password for the personal account without notifying the Administrator.
5.1.4. Independently edit previously posted information about themselves on the Site.
5.1.5. Contact support to block their personal account.
5.1.6. Withdraw consent to the processing of personal data provided by the User in accordance with the terms of this Agreement by sending a scanned copy of a written statement to withdraw consent to the processing of personal data to the following email address: artem-kushnarev@inbox.ru.

5.2. The User undertakes to:
5.2.1. Fully familiarize themselves with the terms of this Agreement and comply with all the terms of this Agreement.
5.2.2. Make payments according to the terms of this Agreement.
5.2.3. Receive the selected and paid materials (seminars), online courses.
5.2.4. Not use software or perform actions aimed at disrupting the normal functioning of the Site, its Services, personal pages (User personal accounts).
5.2.5. Not use automated scripts (programs) to collect information on the Site and/or interact with the Site.
5.2.6. Not engage in illegal use and copying of Site templates.
5.2.7. Not use obscene words, insults, or threats, regardless of the form and to whom they were addressed - the Site Owner or its contractors.
5.2.8. The User agrees that the Site Administration is not responsible and does not have any obligations in connection with advertising that may be placed on the Site.

5.3. The User is prohibited from:
5.3.1. Violating the rights of third parties by posting false information and other data.
5.3.2. Unauthorizedly collect and store personal data of third parties.
5.3.3. Uploading, sending, transmitting, or any other way of placing and/or distributing information on the Site if they do not have the rights to such actions according to Russian Federation legislation or any contractual relations.
5.3.4. Uploading, sending, transmitting, or any other way of placing and/or distributing any materials on the Site that contain viruses or other computer codes, files, or programs designed to disrupt or limit the functionality of computer hardware or software, to gain unauthorized access to commercial products, to place links to the above information.
5.3.5. Altering or creating any derivative applications, derivative works, or composite works based on the Services and/or their elements.
5.3.6. Copying, broadcasting, sending,distributing, selling, or otherwise using (transferring rights to) information and materials (seminars), online courses - results of intellectual activity posted on the Site without the Administrator's permission.
When quoting materials from the Site, including copyrighted works, a link to the Site is mandatory.
5.3.7. Taking any actions aimed at damaging the Site, obtaining unauthorized access to the Site.
5.3.8. Engaging in the "resale" of the Services provided by the Administrator to third parties.

6. Intellectual Property Rights on the Site


6.1. All objects available through the Site, including design elements, text, graphic images, illustrations, videos, software, databases, and other objects, as well as any Service (Content) posted on the Site, are objects of exclusive rights of the Site Administrator (Owner).
6.2. The use of the Service, as well as any other elements of the Site, is only possible within the functionality of the Site. No elements of the content of the Site, as well as any Service posted on the Site, may be used in any other way without the prior permission of the Administrator. This includes reproduction, copying, processing, distribution on any basis.



7. Liability of the Parties


7.1. The Administrator makes every effort to ensure the normal operation of the Site but is not responsible for the non-performance or improper performance of obligations under the Agreement, as well as for possible losses arising, including but not limited to, as a result of:

  • Illegal actions of Users aimed at violating information security or the normal functioning of the Site;

  • Failures in the Site's operation caused by errors in the code, computer viruses, and other extraneous code fragments in the Site's software;

  • The absence (impossibility of establishing, termination, etc.) of internet connections between the User's server and the Site's server;

  • Actions taken by state and municipal authorities, as well as other organizations, within the framework of the System of Operational-Investigative Measures;

  • Other cases related to the actions (inaction) of Users and/or other subjects aimed at worsening the overall situation with the use of the internet and/or computer equipment that existed at the time of the Agreement, as well as any other actions directed at the Site and third parties.
7.1.1. In any case, the Administrator's liability under any provision of this Agreement with the User is limited to 5,000 (Five thousand) rubles and is imposed only in the presence of fault in its actions.
7.2. The copyright holder (Site Owner, Seller), whose rights and legitimate interests were violated in connection with the unauthorized distribution of Site materials by the User, has the right to seek judicial protection of their rights, including a claim for damages, compensation for moral harm, protection of honor, dignity, and business reputation.

8. Term of the Agreement


8.1. The Agreement comes into force from the moment of its acceptance by the User and is valid until the withdrawal of the acceptance of the public offer. In case of withdrawal of this Agreement, the Agreement is considered terminated from the moment of withdrawal.
8.2. The Administrator has the right to withdraw the offer in accordance with Article 436 of the Civil Code of the Russian Federation. In case of withdrawal of this Agreement by the Site Administrator, this Agreement is considered terminated from the moment of withdrawal. The withdrawal is carried out by posting the relevant information on the Site.

9. Dispute Resolution and Claim Settlement Procedure


9.1. In case of disputes between the User and the Administrator regarding the fulfillment of the Agreement, the Parties will take all measures to resolve them through negotiations between themselves. The pre-trial procedure for dispute resolution is mandatory. User claims regarding the provided Services are accepted and considered by the Administrator only in writing and in the manner prescribed by this Agreement and the current legislation of the Russian Federation.
9.2. To resolve disputes arising between the User and the Administrator as a result of using the services, the following claim procedure applies. The User, believing that their rights are violated due to the actions of the Administrator, sends the latter a claim containing the essence of the claim, the justification for its presentation, as well as all User data. The claim is sent in writing to the Administrator's email at: artem-kushnarev@inbox.ru. The term for considering the claim is 14 (fourteen) working days from the date of its receipt. If the Parties do not reach an agreement through negotiations (pre-trial dispute resolution), the dispute is submitted to the Court for consideration. The Administrator does not consider anonymous claims or claims that do not allow the User to be identified based on the data provided by them during registration, or claims that do not contain the data specified in this paragraph of this Agreement.

10. Other Conditions


10.1. Recognition by the court of any provision of the Agreement as invalid or not subject to compulsory execution does not entail the invalidity of other provisions of the Agreement. 10.2. This Agreement comes into force from the moment of acceptance of this public offer by the User and is concluded for an indefinite period (until the withdrawal of the public offer acceptance by the User). 10.3. The provisions of this Agreement are established, amended, and canceled by the Administrator unilaterally without prior notification of the Users. From the moment of posting a new version of the Agreement on the Site, the previous version is considered invalid. 10.4. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation. 10.5. By registering on the Site, the User confirms that they accept the terms of this Agreement, as well as the Privacy Policy of the Site, which is an integral part of this Agreement and is posted at: https://artemkushnarev.com. 10.6. An integral part of this Agreement is the Privacy Policy (Appendix No. 1 to the Agreement).

Current version of the Agreement dated 10.07.2024
























Appendix No. 1 to the Agreement Privacy Policy of the Website
This Privacy Policy of personal data (hereinafter - the Privacy Policy) is an integral part of the User Agreement (Public Offer) posted on the website on the Internet at: https://artemkushnarev.com (hereinafter - the Site). The use of the Site's services signifies the User's unconditional consent to this Policy and the terms of processing their personal information specified therein; in case of disagreement with these terms, the User must refrain from using the services.

  1. General Provisions
1.1. Within the framework of this Policy, User personal information is understood to be:
1.1.1. Personal information that the User provides about themselves independently during registration (creation of an account) or in the process of using the Services, including the User's personal data. The information mandatory for the provision of Services is marked in a special way.
1.1.2. Data that is automatically transmitted to the Site's services during their use through the software installed on the User's device, including IP address, cookie data, information about the User's browser (or another program through which access to the services is carried out), technical characteristics of the hardware and software used by the User, date and time of access to the services, addresses of requested pages and other similar information.
1.1.3. This Privacy Policy applies only to the Site artemkushnarev.com. The Site https://artemkushnarev.com does not control and is not responsible for third-party websites to which the User can follow the links available on this Site.

2.Purposes of Processing Users' Personal Information
2.1. The Site collects and stores only the personal information that is necessary for the provision of services or the execution of agreements and contracts with the User, except in cases where mandatory storage of personal information is required by law for a certain period. In the event of receiving a notice from the User about the withdrawal of consent to the processing of personal data, the Site stops processing the User's personal data within a period not exceeding 10 working days from the moment of receipt. The notice of withdrawal of consent to the processing of personal data is sent to the email address: artem-kushnarev@inbox.ru.

2.2. The User's personal information is processed by the Site for the following purposes:
2.2.1. Identification of the User registered on the Site for the provision of services.
2.2.2. Providing the User with access to personalized resources of the Site (Site materials - seminars), online courses.
2.2.3. Establishing feedback with the User, including sending notifications, requests related to the use of the Site, providing services, processing requests, and applications from the User.
2.2.4. Determining the User's location to ensure security, prevent fraud.
2.2.5. Confirming the accuracy and completeness of the personal data provided by the User.
2.2.6. Creating an account to create a personal account if the User has given consent to create an account.
2.2.7. Notifying the User of the Site about important changes.
2.2.8. Providing the User with effective customer and technical support in case of problems related to the use of the Site.
2.2.9. Conducting advertising activities with the User's consent.

3.Conditions for Processing Users' Personal Information and Its Transfer to Third Parties
3.1. The Site stores Users' personal information in accordance with current legislation and internal regulations of specific services (if available).
3.2. Regarding the User's personal information, its confidentiality is maintained, except in cases of voluntary provision of information by the User for general access to an unlimited number of persons. When using certain services, the User agrees that a certain part of their personal information becomes publicly available.

3.3. The Site has the right to transfer the User's personal information to third parties in the following cases:
3.3.1. The User has expressed consent to such actions.
3.3.2. The transfer is necessary for the User to use a specific service or for the execution of a specific agreement or contract with the User.
3.3.3. The transfer is provided for by Russian or other applicable legislation within the framework of the established legal procedure.
3.3.4. In case of the Site's sale, the acquirer assumes all obligations to comply with the terms of this Policy regarding the received personal information.
3.4. The User's personal data is processed without time limitation by the following methods: collection, recording, systematization, accumulation, storage, updating (modification, alteration), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, destruction of personal data, including in personal data information systems using automation tools or without using such tools. Users' personal data processing is carried out in accordance with the Federal Law of 27.07.2006 No. 152-FZ "On Personal Data."
3.5. In the event of loss or disclosure of personal data, the Site Administrator informs the User about the loss or disclosure of personal data.
3.6. The Site Administrator takes necessary organizational and technical measures to protect the User's personal information from unlawful or accidental access, destruction, alteration, blocking, copying, dissemination, as well as from other unlawful actions of third parties.
3.7. The Site Administrator, together with the User, takes all necessary measures to prevent losses or other negative consequences caused by the loss or disclosure of the User's personal data.

4.Obligations of the Parties
4.1. The User is obliged to:
4.1.1. Provide information about personal data necessary to use the Site.
4.1.2. Update, supplement the provided information about personal data in case of changes in this information.

4.2. The Site Administrator is obliged to:
4.2.1. Use the received information solely for the purposes specified in this Privacy Policy.
4.2.2. Ensure the storage of confidential information in secrecy, not disclose without the prior written permission of the User, as well as not sell, exchange, publish or disclose in any other possible ways the transferred personal data of the User, except as provided for in this Privacy Policy.
4.2.3. Ensure the protection of the User's personal data during their processing by taking the following legal, organizational, and technical measures against unauthorized, unlawful, or accidental access to personal data, destruction, alteration, blocking, copying, provision, distribution of personal data, as well as against other unlawful actions concerning personal data: Full Name, phone number, email, Telegram name.
4.2.4. Block the personal data related to the relevant User from the moment of the User's or their legal representative's or authorized body's request to protect the rights of personal data subjects for the period of verification in case of revealing inaccurate personal data or unlawful actions.

5.Liability of the Parties
5.1. The Site Administrator, failing to fulfill its obligations, is liable for losses incurred by the User in connection with the unlawful use of personal data, in accordance with the legislation of the Russian Federation.
5.2. In the event of loss or disclosure of confidential information, the Site Administrator is not responsible if this confidential information:
5.2.1. Became public before its loss or disclosure.
5.2.2. Was received from a third party before the moment of its receipt by the Site Administrator.
5.2.3. Was disclosed with the User's consent.

6.Dispute Resolution
6.1. Before going to court with a claim on disputes arising from the relationship between the User of the Site and the Site Administrator, it is mandatory to submit a claim (a written proposal for voluntary settlement of the dispute).
6.2. The recipient of the claim within 7 (seven) calendar days from the date of receipt of the claim shall notify the claimant in writing of the results of the consideration of the claim.
6.3. If no agreement is reached, the dispute will be referred to the court in accordance with the current legislation of the Russian Federation.
6.4. This Privacy Policy and the relationship between the User and the Site Administrator are governed by the current legislation of the Russian Federation.

7.Additional Conditions
7.1. The Site Administrator has the right to make changes to this Privacy Policy without the User's consent.
7.2. The new Privacy Policy comes into force from the moment it is posted on the Site unless otherwise provided by the new edition of the Privacy Policy.
7.3. The current Privacy Policy is posted on the page at: https://artemkushnarev.com.
7.4. This Privacy Policy is an integral part of the User Agreement (Public Offer) posted on the page at: https://artemkushnarev.com.

Current version dated 10.07.2024