Terms and Conditions

PAPAYYA INC. registered office at 8 The Green STE A, Dover, Delaware 19901 is the company responsible for the website www.papayya.com.
The Site is public and can be accessed by anyone, visitors (“Visitor”) and subscribers to the service (“User”). It provides information about the “Papayya” service, an online PT technology service, namely access to a free trial session (“Free Trial”) and subscription to the service. For ease of reading these Terms, the Site, Free Trial and respective Papayya subscriptions will be collectively referred to as the “Service”.
These Terms and Conditions are a legally binding agreement between visitors to the website, accessing and/or using the Service, and PAPAYYA INC regarding the use of the Site.

1. Service Description

Papayya is a technological service for online training sessions with personalized live monitoring by a personal trainer via video call.

The Free Trial will be made available to the Site Visitor with no subsequent commitment to join the service. The Free Trial consists of a personalized single session per user with a physical exercise component, and an expected duration of 60 minutes. In this way, the Visitor undertakes to enjoy the trial session individually and is not allowed to share it with third parties.

After requesting the Free Trial, the Visitor will receive the session schedule, an informative email and the completion of a form with information necessary only for the personalized session and authorization of legal issues. The appointment will be considered void without this information.

The Visitor agrees to the following:

To provide certain up-to-date, complete and truthful information about you as requested by the Service and;

To maintain and update the same information in order to keep it complete and truthful.

The Visitor declares that he/she knows and is aware that the data will be collected and processed in accordance with the Privacy Policy.

If any information provided by the Visitor is false or inaccurate, PAPAYYA INC reserves the right to cancel their registration and terminate their rights to use the Service.

2. Liability Limitation

The Visitor expressly agrees to exclusively assume any and all risks arising from the use of Papayya and its Site.

PAPAYYA INC shall not be liable for the impossibility of use or for direct or indirect, special, incidental or consequential damages arising from any negligence.

PAPAYYA INC does not guarantee that the Site and its services will meet the requirements of the Visitor nor that the Service will not be interrupted or achieve a specific result. In addition, it does not guarantee that defects in the Service will be corrected.

PAPAYYA INC strongly recommends that you pay close attention and also bear in mind that under no circumstances will PAPAYYA INC be liable, directly or indirectly, for any damage or loss caused, or alleged to have been caused, to the Visitor in connection with the use of the services available on the Site.

3. Prohibitions

3.1. Resale or Commercial Use of Services

The Visitor expressly agrees to assume exclusively any and all risks arising from the use of Papayya’s services.

The Visitor agrees not to assign or make any commercial use of the Service without the express consent of PAPAYYA INC.

3.2. Concealment of Papayya brands

The visual elements produced on the Site are accompanied by an advertising reference to Papayya itself. This reference may not be altered or hidden without the written consent of PAPAYYA INC.

4. Visitor behavior

The Visitor agrees to comply with all the regulations, provisions and procedures of the systems linked to the services.

PAPAYYA INC may, at its own discretion, terminate the services immediately and without the right to a refund of any amount paid or compensation.

5. Release of Liability

Visitor agrees to hold harmless PAPAYYA INC, its subsidiaries, affiliates, officers and employees from any claim or suit, including reasonable attorneys’ fees, brought by any third party as a result of Visitor’s misuse of the Services, as well as Visitor’s breach of the provisions of this Agreement.

6. General Terms

This agreement shall be governed by Portuguese law, and the parties shall submit any disputes arising from this agreement to the Courts and Tribunals of Porto (Portugal).

7. Modifications to the Conditions of Service

Due to the special conditions of the Service and in order to be able to provide it more adequately at any given time, PAPAYYA INC may modify the terms and conditions of this agreement.

8. Modifications to the Service

PAPAYYA INC reserves the right to modify or interrupt the services in whole or in part. PAPAYYA INC shall not be liable to the Visitor or any third party for exercising its right to modify or interrupt the services.

9. Termination of the Relationship

In order to cancel the Service, the Visitor must send an email to [email protected] indicating the reason for cancellation. Cancellation becomes effective upon communication from PAPAYYA INC.

If the Visitor does not agree with any clause of the terms and conditions of this agreement or any of its modifications, or if they are not satisfied with the Service, their immediate recourse is to:

Discontinue use of the Service;

Cancel your Free Trial request by the means indicated above;

Notify PAPAYYA INC of the termination by the means described in the previous article.

Upon termination of the Service, the Visitor’s rights to use the Service immediately cease.

10. GDPR compliance

PAPAYYA INC is aware of the implementation of the new General Data Protection Regulation (GDPR), REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

In this regard, both parties undertake to act in accordance with the Privacy Policy, taking all necessary measures to this end.