TERMS OF SERVICE

Last Updated: 10:00AM, 27th June, 2025

1. Introduction

Welcome to PayGym Solutions Intl Ltd (“PayGym,” “we,” “our,” “us”). These Terms of Service (“Terms”) constitute a binding contract between you (“User” or “you”) and PayGym governing your access to and use of the PayGym mobile application, website, APIs, and related services (collectively, the “Services”). By creating an account, purchasing a subscription, or otherwise using the Services, you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines referenced herein. If you do not agree, do not access or use the Services.

2. Definitions

“Check-In” - a verified onsite scan or digital confirmation recorded at a gym service provider.

“Gym service provider” - a fitness center, studio, or wellness facility contractually onboarded to PayGym.

“Subscription” - a time-based, fee-based pass issued to a User for access to gym service providers. All other capitalised terms have meanings assigned elsewhere in these Terms.

3. Eligibility & Capacity

• You must be 18 years or older and have legal capacity to form a contract.

• You may not use the Services if you are on a sanctions list or otherwise barred by applicable law.

4. Account Creation & Security

1. Provide accurate, current, and complete information during registration.

2. Maintain the confidentiality of your credentials.

3. Enable two-factor authentication (2FA) when prompted. PayGym is not liable for loss arising from failure to enable 2FA.

5. License to Use

We grant you a personal, revocable, non-exclusive, non-transferable licence to install and use our app and website solely for lawful purposes under these Terms. All rights not expressly granted are reserved by PayGym.

6. Subscription, Billing, and Payments

• Subscription fees, billing cycles, renewal policies, trial periods (if any), and refund eligibility are disclosed at checkout and in your account dashboard.

• Payments are processed via Flutterwave; PayGym never stores raw card data

• Late or failed payments may result in unavailability of service until fees are paid

7. Use of Services & Check-Ins

• Present the in-app QR code (or other method PayGym specifies) upon arrival at a gym service provider.

• Access is personal and may not be shared. Fraudulent or duplicate check-ins may lead to suspension without refund.

• PayGym is not responsible for the condition, safety, or availability of any facility

8. User Conduct & Acceptable Use

You agree not to:

1. Violate any law or third-party right

2. Upload malicious code or engage in security breaches.

3. Reverse-engineer or scrape the platform.

4. Harass, abuse, or harm any PayGym employee or gym service provider staff. We may investigate and initiate legal action for violations.

9. Intellectual Property

All software, trademarks, logos, graphics, and content are owned by PayGym or its licensors. You obtain no ownership rights by using the Services.

10. Feedback

Any comments, ideas, or suggestions may be used by PayGym without acknowledgement or compensation to you.

11. Platform Availability & Maintenance

We strive for 24/7 availability but do not guarantee uninterrupted Services. Planned maintenance will be announced where feasible.

12. Security Measures & User Responsibilitiese

PayGym employs TLS/SSL, encryption at rest, and routine penetration testing. You must keep devices updated, use antivirus software, and avoid jailbroken/rooted devices.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PAYGYM DISCLAIMS ALL WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.

14. Limitation of Liability

To the fullest extent permitted by law, PayGym will not be liable for indirect, incidental, special, punitive, or consequential damages, or any loss of profit, data, goodwill, or business interruption, even if advised of the possibility.

15. Indemnification

You will defend and indemnify PayGym, its officers, and affiliates from any claims, damages, or expenses arising from your: (i) misuse of the Services, (ii) violation of these Terms, or (iii) infringement of any third-party right.

16. Suspension & Termination

PayGym reserve the right to suspend or terminate your account without notice if:

• You violate these Terms of Service

• Fraudulent or abusive behavior is detected

• Required by law, court order, or regulatory authority

Before account closure can be finalized, all outstanding balances must be fully settled. This includes but is not limited to:

• Unpaid subscription fees

• Pay-as-you-go charges

• Reversed discounts or promotional credits

• Any negative wallet balance resulting from disputes or platform adjustments

If you are on a long-term plan (e.g., quarterly or annual) and eligible for a refund, your refund will be processed only after deduction of used months and any other applicable charges.

Failure to settle outstanding balances may result in account suspension rather than closure, and PayGym reserves the right to pursue recovery in accordance with applicable laws. Note: Upon termination, all licences terminate

17. Legal Action for Violations

In addition to suspending or terminating your access to the Services, PayGym reserves the right to pursue civil or criminal remedies where applicable if you violate these Terms. This includes, but is not limited to:

• Fraudulent use of the platform

• Unauthorized access or system tampering

• Intellectual property infringement

• Abuse of Gym Service Providers or PayGym personnel

• Providing false identity or payment information

We may report illegal activity to law enforcement, regulators, or affected third parties. You agree to bear any costs, damages, or legal fees incurred as a result of such violations.

18. Data Protection & Privacy

Processing of personal data is governed by the PayGym Privacy Policy and applicable laws (NDPA 2023, GDPR-equivalent standards). By using the Service you consent to such processing.

19. Cookies & Similar Technologies

We use functional and analytics cookies. Manage preferences in your browser or app settings. See our Cookie Notice for details.

20. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Nigeria. Exclusive venues for disputes are the competent courts in Nigeria.

21. Notices & Communications

We may deliver notices via in-app messages, email, or SMS. You are responsible for maintaining current contact details.

22. Changes to Terms

We may amend these Terms. Material changes will be communicated via the app or email. Continued use after the effective date constitutes acceptance.

23. Complaints & Dispute Resolution

Contact hello@paygymapp.com in the first instance. We will endeavour to resolve complaints within 30 days. Unresolved disputes may be referred to mediation before litigation

24. General Provisions

• Severability: Invalid terms are severed, remainder survives.

• Assignment: You may not assign these Terms; PayGym may assign without restriction

• Entire Agreement: These Terms supersede prior agreements regarding the Services.

25. Contact Information

PayGym Solutions Intl Ltd

Email : hello@paygymapp.com