Terms and Conditions

These Terms and Conditions ("Agreement") are entered into by and between you ("Client", "User", or "Visitor") and PAPAYYA, owned by 2045 Digital Health Solutions, Lda., with mailing address at 8 The Green STE A, Dover, Delaware 19901, USA ("PAPAYYA", "we", "us", or "our").
By accessing or using any PAPAYYA service ("Service"), including but not limited to the website www.papayya.com, free trial sessions, subscription-based sessions, or any related platforms or tools, you agree to be bound by these Terms.

1. SERVICE DESCRIPTION

PAPAYYA offers remote, online personal training services with live, personalized monitoring via video calls. This includes:
- Functional assessments
- Custom session planning
- One-on-one training
- Access to our proprietary digital platform

Free Trial:
From time to time, PAPAYYA may offer a promotional free trial period of up to fourteen (14) days, during which eligible users may access personalized online training sessions at no cost. This offer is available solely during specific promotional campaigns and is not guaranteed to be available at all times. Free trials are limited to one per individual, are non-transferable and may not be shared. No ongoing commitment is required to participate in the trial.
PAPAYYA reserves the right to modify or withdraw the free trial offer at any time and for any reason, without prior notice. To book the trial, the Visitor must:
- Provide truthful, complete personal and health information
- Complete and submit a digital form
- Agree to the Privacy Policy

PAPAYYA reserves the right to cancel a free trial if any required information is missing or incorrect.

2. ELIGIBILITY & REGISTRATION

Admission is effective upon:
- Completion of user integration on our platform
- Submission of the required customer form
- Confirmation of valid payment method

PAPAYYA reserves the right to reject any application at any time, at its sole discretion, and without any obligation to provide justification.

Users under the age of 18 must provide written consent from a legal guardian.

3. TYPES OF SUBSCRIPTIONS

Subscriptions are available to:
- Individual users
- Corporate clients and other entities (who must ensure end-users are made aware of these Terms)

4. USER RESPONSIBILITIES

4.1 Platform Access:
- Users are responsible for securing a suitable internet connection and compatible electronic devices.
- If access is not possible due to user-side issues, PAPAYYA will consider services delivered.Account Registration:
- Users must provide accurate and current information when creating an account.
- Users are responsible for keeping credentials secure and notifying PAPAYYA of unauthorized access.Health

4.2 Disclosure:
- Users must disclose relevant medical history or health conditions.
- Medical clearance is recommended in cases of past injuries, signs of illness, or chronic conditions.
- Users acknowledge that it is their sole responsibility to ensure they are in adequate health to engage in physical exercise and confirm that they have no medical contraindications preventing participation in such activities.
- Given that physical exercise sessions may be conducted in locations freely chosen by the user, PAPAYYA is unable to provide any form of accident or liability insurance. Accordingly, it is the user's exclusive responsibility to obtain, at their discretion and expense, any personal accident insurance coverage they deem necessary.

Disclaimer:
- PAPAYYA services are not medical devices or substitutes for medical advice.
- Users assume full responsibility for participation.
- If you have a medical emergency, consult a physician immediately.

5. SCHEDULING, CANCELLATIONS AND SESSION POLICIES

5.1 Operating Hours:
- PAPAYYA operates on a 24/7 basis, subject at all times to the availability of trainers as indicated on the digital platform.

5.2 Bookings:
- Sessions must be scheduled through the digital platform with a minimum notice of one (1) hour, subject to the availability displayed therein.
- Confirmation occurs immediately upon booking.Late Policy:
- Trainers wait up to 15 minutes past the scheduled start.
- Late arrivals receive only the remaining session time.
- No-shows forfeit the session.

5.3 Cancellations:
- Users may cancel or reschedule within the advance notice period provided on the platform to retain session credits.

6. SUBSCRIPTIONS, CREDITS AND PAYMENT

6.1 Prepaid Credits:
- Subscriptions operate on a prepaid credit system (4, 8, or 12 credits).
- 1 credit = 1 session
- Unused credits expire after 6 weeks.

6.2 Renewal:
- Subscriptions renew every 4 weeks unless canceled.

6.3 Rescheduling Credits:
- Sessions canceled in accordance with the 12-hour notice policy will return as a usable credit within the active period.

6.4 Price Adjustments:
- PAPAYYA may change pricing with 28 days’ notice. Clients who disagree may cancel before the change takes effect.

6.5 Payments:
- Payments are processed via third-party providers (e.g., Stripe, PayPal).
- By submitting payment, clients authorize us to charge the selected method.
- Any billing issues must be reported to reachout@papayya.com within 60 days.Refunds:
- No refunds will be issued for unused services, including one-time purchases.

7. TERMINATION & SUSPENSION

7.1 By PAPAYYA:
- PAPAYYA reserves the right to terminate this Agreement at any time by providing thirty (30) days’ prior written notice to the Client, for any reason and without obligation to justify the decision.

7.2 By the Client:
- The Client may cancel their subscription at any time by submitting a cancellation request via email to reachout@papayya.com or through the platform’s designated cancellation feature. Cancellation will take effect upon receipt of confirmation from PAPAYYA.
- No refunds will be issued for any portion of the current subscription term. 
- The Client will retain access to the service until the end of the current billing period.

7.2.2 Free Trial Cancellation:
- Cancellation of a Free Trial must also be requested via email to reachout@papayya.com or through the platform’s cancellation feature. The Free Trial will be considered cancelled upon confirmation from PAPAYYA.

8. LIMITATION OF LIABILITY

- PAPAYYA makes no guarantees regarding uninterrupted access or specific outcomes.
- We are not liable for indirect, incidental, or consequential damages.
- Services are provided “as is” and “as available.”

9. RESTRICTIONS & CONDUCT

9.1 Prohibited Activities:
- Commercial use of services without written consent
- Removal or alteration of PAPAYYA branding
- Unauthorized recording or distribution of session content

9.2 Behavioral Expectations:
- Users must comply with all laws and platform rules.
- Misuse may result in immediate termination without refund.

10. INTELLECTUAL PROPERTY

All materials (text, videos, images, software, etc.) are owned by PAPAYYA or its licensors. Users are granted a limited, non-transferable, personal license to use the service.

Unauthorized use is strictly prohibited.

11. DATA PRIVACY & GDPR

PAPAYYA collects and processes personal data for service provision, internal training, and service quality.

Data may include video recordings of sessions.

We comply with EU Regulation 2016/679 (GDPR).

Data will not be publicly shared without consent.

12. ADDRESSES, COMMUNICATION & NOTICES

All notices, including scheduling, cancellations and service updates, will be delivered via email or sms or the PAPAYYA platform.

For any formal communications, including legal notices, Clients may contact PAPAYYA at reachout@papayya.com or by mail to either of the following addresses:
- 2045 Digital Health Solutions: headquarters at Rua Alfredo Allen, No. 455 e 461, 4200-135 Porto, Portugal (Tax ID PT516305514)

 - You can reach out by mail in the US at 8 The Green STE A, Dover, Delaware 19901, USA 

13. ADDRESSES, COMMUNICATION & NOTICES

From time to time, PAPAYYA may, at its sole discretion, modify or update these Terms or any portion of the Service. Any such changes will become effective upon publication or upon notification to users.

Continued use of the Service following such changes constitutes acceptance of the updated Terms.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Portugal, without regard to conflict-of-law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Porto, Portugal.

15. USER ACKNOWLEDGMENTS

By using the service, Users:
- Accept that they are not required to submit a medical certificate
- Acknowledge that PAPAYYA does not provide accident insurance.
- Accept our Privacy Policy and consent to data processing.

If any part of this Agreement is found to be invalid, the remainder will remain in effect.

For questions or concerns, contact us at reachout@papayya.com.