Terms and Conditions

1. Scope & Acceptance

These terms ("Terms") form a legally binding agreement between you ("Client") and Papayya, Lda., a company registered in Portugal (collectively, "Papayya," "we," "us"). By accessing or using the Papayya website, mobile application or any related services (the "Platform"), you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Definitions

Service – the virtual fitness or other services provided through the Platform.

Session – a live training appointment delivered via video through the Platform. Sessions can be delivered as exclusive or

1:N Sessions. Unless stated otherwise, Plans provide 1:N Sessions by default; exclusive Sessions may be available for an additional fee shown on the Platform.

Additional Services – nutrition plans, coaching programmes for autonomous workouts, and any other offerings listed on the Platform.

Plan – a paid subscription bundle of Credits.

Credit – the internal unit that can be redeemed for Sessions or Additional Services.

Booking Credit – a temporary allocation of one or more Credits applied at the time of booking to reserve a Session; it converts to a consumed Credit when a Session or service takes place, or is returned to your balance if you cancel within the permitted window.

Slot Reservation – a provisional booking of a Session placed when you do not yet have sufficient available Credits (for example, during a payment grace period). The Reservation converts to a confirmed booking only when (a) payment is successfully collected and the corresponding Credits are issued and (b) a suitable trainer is assigned; otherwise it is cancelled.

1:N Session – a live Session in which a trainer may coach more than one Client at the same time. Each Client sees and hears only the trainer (not the other Clients). The trainer monitors form, provides cues and feedback to each participant, and service quality and client experience is equivalent to an individual Session.

Exclusive Session – a live Session in which the trainer coaches only one Client at the time.

Voucher – a promotional or gift code that can be applied toward Credits.

Corporate Agreement – a separate written agreement between Papayya and an employer or other organisation sponsoring access to the Service.

# Credit Principles
All Credits (including those issued through subscriptions or Vouchers) are personal and non‑transferable, may be combined only where the Platform permits, expire on the date indicated on the Platform, and cannot be exchanged for cash.

3. Eligibility

3.1 You must be at least 18 years old, or have verifiable consent from a parent or guardian, to create an account.

3.2 You represent that you are in good physical condition to participate in exercise activities.

3.3 Papayya reserves the right to refuse or terminate access at its discretion.

4. Nature of the Service

4.1 The core Service consists of live workout Sessions delivered via the Platform. 

4.2 Papayya may also provide Additional Services such as nutrition plans, coaching programmes for autonomous workouts or other services. 

4.3 The Service is delivered by Papayya. While individual trainers may lead Sessions, no entitlement to a specific trainer exists and trainer substitutions do not trigger refunds. 

4.4 The Service can be provided in an exclusivity (individual) or 1:N model according to the Plan chosen by the Client. In either model, clients see and hear only the trainer; your privacy is protected and the trainer continues to monitor form and provide feedback.

4.5 Session duration (e.g., 30 / 45 / 60 minutes, or other lengths) is defined by the Plan you select and is shown on the Platform.

5. Corporate Plans

5.1 If your access is sponsored by an organisation, the terms of the applicable Corporate Agreement govern in the event of conflict with these Terms. These Terms continue to apply to your personal use to the extent not inconsistent with the Corporate Agreement.

6. Account Registration, Equipment & Connectivity

6.1 You must provide accurate, complete information during registration and keep your credentials secure.

6.2 You are responsible for maintaining (a) a stable high‑speed internet connection and (b) a compatible device with an operating system updated within the last two years.

6.3 Papayya is not liable for failures caused by your hardware, software or connectivity.

7. Plans, Pricing & Payment

7.1 The Service is offered strictly on a pre‑paid basis and each Plan renews automatically every 4 weeks (each, a "Service Cycle"). Current Plan names and pricing are displayed on the Platform and may change from time to time.

7.2 Prices may change at any time without prior notice. Any new price applies only to Services that renew in a subsequent Service Cycle; Credits purchased before the effective date of the change remain unaffected.

7.3 Payments are processed by third‑party payment providers. If an automatic payment fails, Papayya will notify you and allow a short grace period during which we will automatically retry the charge a limited number of times. You may continue to access the Service during this grace period, including Sessions held under Slot Reservations. If we successfully collect the outstanding amount, any Sessions completed during the grace period will be deducted from your Credit balance. If payment remains unsuccessful after the grace period, your account (including any Slot Reservations) will be suspended until payment is received.

8. Credits

8.1 Each Plan allocates Credits as described on the Platform.

8.2 Credits automatically expire on the “Expiration Date” shown in your account. The validity period depends on the Plan you selected and is displayed on the Platform.

8.3 See Credit Principles above.

9. Free Trials & Promotional Programmes

9.1 Papayya may, at its sole discretion, offer free trials or other promotional programmes.

9.2 The specific conditions of any free trial or promotion will be published on the Website, Platform or email and may change at any time without amending these Terms.

10. Booking, Rescheduling & No‑Shows

10.1 Sessions must be booked at least 24 hours in advance unless a shorter window is temporarily offered by the Platform.

10.2 Cancellations or rescheduling must also be made at least 24 hours before the scheduled start, failing which the corresponding Credit will be deducted, unless a shorter window is temporarily offered by the Platform.

10.3 Trainers will wait 15 minutes from the scheduled start time. Late arrival beyond this window is treated as a no‑show and the Session will be charged.

10.4 Trainer substitution does not entitle you to a refund or additional Credit so long as the Session is delivered.

10.5 Slot Reservations. A Slot Reservation simply holds your preferred time slot; it is not an effective booking and does not guarantee that a Personal Trainer will be available. The Reservation converts to a confirmed booking only when (a) payment is successfully collected and the corresponding Credits are issued and (b) a suitable trainer is assigned. If either condition is not met, the Reservation will not convert to a booking and no Credits will be deducted. At each renewal, we’ll email you which Slot Reservations were confirmed or cancelled.

11. Plan Changes & Pauses

11.1 You may upgrade, downgrade or pause your Plan at any time for the following Service Cycle.

11.2 Credits already issued remain usable until their original Expiration Date.

12. Termination

12.1 You may cancel your Plan at any time; cancellation stops future renewals. Any already-issued Credits remain available until their Expiration Date.

12.2 Papayya may terminate the agreement (a) for convenience effective at the end of the current Service Cycle, or (b) immediately if you breach these Terms or engage in unlawful or abusive conduct.

12.3 Upon termination, any remaining Credits remain available until their Expiration Date.

13. Changes to Terms

Papayya may modify these Terms at any time. Revised Terms are effective upon publication on the Website. Your continued use constitutes acceptance.

14. Health Disclaimer & Insurance

14.1 You must consult a physician before starting any fitness or nutrition programme. Participation is voluntary and at your own risk.

14.2 Papayya does not provide medical advice and is not an insurer. Maintaining adequate health and accident insurance is your sole responsibility.

14.3 Because you exercise in an environment that Papayya does not control (your home, workplace or other chosen location), Papayya does not provide any insurance coverage for injuries, property damage or other losses that may occur there. It is the Client’s responsibility to arrange and maintain any insurance protection they deem appropriate.

14.4 Exercise Space Requirements - You must reserve a clear workout area of 2.7 m / ≈ 9 ft minimum of ceiling height and at least 5 m² / ≈ 54 sq ft , with a minimum clearance of 2 m /≈ 6 ft  on each axis. This space must remain free of obstacles for the duration of the Session.

14.5 Equipment Condition - You may exercise with personal equipment or accessories, but it is solely your responsibility to ensure that all materials are in perfect condition and suitable for the exercises prescribed by the trainer. Papayya is not liable for accidents or damage resulting from defective, inappropriate, or improperly used equipment.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, Papayya’s aggregate liability arising out of or in connection with the Service shall not exceed the total fees you paid for the Service in the 12 months preceding the event giving rise to liability.

15.2 Papayya shall not be liable for any indirect, incidental, special, consequential or punitive damages.

16. Data Protection & Retention

16.1 Papayya processes personal data in accordance with its Privacy Policy, published separately on the Website. By using the Service you acknowledge and agree that Papayya may record sound and image (audio/video) of Sessions and related interactions for (a) quality and training of our coaching staff, (b) safety and service-improvement analytics, and (c) legal or regulatory compliance.

16.2 Personal data, including any recordings, is retained only for the minimum period necessary to deliver the Service, fulfil the purposes above, and comply with legal obligations.

16.3 Papayya engages carefully selected sub‑processors (e.g., video, hosting, payments) and requires them by contract to meet applicable data‑protection and security laws; each such provider remains independently responsible for its own compliance with personal‑data‑protection requirements.

17. Intellectual Property

All content, trademarks, software and materials forming part of the Service are owned by Papayya or its licensors. You may not reproduce, record, distribute or create derivative works without prior written consent. Programmes and routines created by Papayya trainers remain the sole property of Papayya.

18. User Conduct

You must not (a) share login credentials; (b) record Sessions; (c) reverse‑engineer, decompile or tamper with the Platform; (d) engage in abusive language or behaviour toward trainers or other clients.

19. Force Majeure

19.1 Papayya is not liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, internet outages or governmental actions.

20. Governing Law & Jurisdiction

These Terms are governed by the laws of Portugal. The courts of Porto have exclusive jurisdiction to settle any dispute arising out of or in connection with them, without prejudice to mandatory consumer rights.

21. Notices

Notices should be sent by email to reachout@papayya.com or by registered mail to: Rua Alfredo Allen 455 e 461 4200-135, Porto, Portugal. Notices are deemed received on confirmation of delivery.

22. Miscellaneous

22.1 Entire Agreement. These Terms constitute the entire agreement between the parties regarding the Service.

22.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

22.3 Waiver. No waiver of any breach is deemed a waiver of any other breach.