Terms of Service

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Effective Date: October 5, 2025

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.  THIS IS A BINDING AGREEMENT BETWEEN PAYBACK FITNESS, LLC (“PayBack Fitness” or “PF”) AND YOU, ALSO REFERRED TO HEREIN AS “USER.” PayBack Fitness provides an online fitness community and related services, content, and features through PayBack Fitness’s website, mobile desktop, or device applications operated by PayBack Fitness (including iOS and Android applications requiring a PayBack Fitness account to access content and features) (“Apps”), and PayBack Fitness-controlled social media pages, including without limitation on Meta and Instagram.  All PayBack Fitness online services, content, and features, including without limitation those named above, shall be collectively referred to herein as the “Service” or the “Services.” These Terms of Service (“Terms”) govern your access to and use of PayBack Fitness and all PayBack Fitness Services.

By creating an account, subscribing, visiting, browsing, or otherwise using the Services in any manner, you accept and agree to be bound by these Terms, our Privacy Policy, and any additional policies or guidelines provided within the app or on our website, which are incorporated into these Terms by reference, as may be amended without notice from time to time. If you do not agree to be bound by these Terms, our Privacy Policy, and all other additional Payback Fitness policies or guidelines, you may not access or use the Services.

You must be 18 years or older (or the age of majority in your jurisdiction) to enter into this binding agreement.  You must be 18 years or older (or the age of majority in your jurisdiction) to use the Service.  By using the Service, you represent that you meet these eligibility requirements and are fully capable of complying with these Terms.  

PayBack Fitness may, in its sole discretion, refuse to offer Service to any person or entity and change the eligibility criteria at any time without notice.  You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you.  The right to access and use PayBack Fitness’s Services is revoked where these Terms or use of the Service is prohibited or conflicts with any applicable law, rule, or regulation applicable to your jurisdiction.  PayBack Fitness’s Services are offered only for your personal, non-commercial use, and is not for the use or benefit of any third party.

You must provide accurate, current, and complete information when registering an account and notify us of any changes to any provided information.  If you fail to keep your account information up to date, PayBack Fitness may suspend or terminate your account.  You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, including without limitation any activity by unauthorized users.  PayBack Fitness shall not be responsible for the loss of any information or data, including without limitation PF Coins, or any other activity that occurs under your account.  You agree to  not share, sell, or transfer your account.  You agree to notify us immediately if you suspect unauthorized access.  You may not use someone else’s name or any name, location, or other public profile information or image that violates any third-party rights, is against the law, or is offensive, obscene, or otherwise objectionable in Payback Fitness’s sole discretion.

We reserve the right to suspend or terminate accounts for violation of these Terms, fraudulent behavior, or misuse of the Service.

Subject to your compliance with these Terms and for as long as your are permitted by PayBack Fitness to access and use its Services, PayBack Fitness grants you a limited, non-exclusive, revocable, non-transferable license to use the Services for personal, non-commercial purposes only, which license may not be assigned or sublicensed to any other party.

You may not:

• Copy, reproduce, modify, redistribute, sell, transfer, or create derivative works from the Service or its content.
• Decompile, reverse engineer, disassemble, or attempt to extract source code from any of the Services, including without limitation using the content of the Services to train artificial intelligence models or systems.
• Use bots, scrapers, automation, or other unauthorized means of access.
• Interfere with, disrupt, or impair, or attempt to interfere with, disrupt, or impair the security, integrity, or functionality of the Service.
• Use the Service for any purpose other than your own personal, non-commercial use.

PayBack Fitness reserves all rights in and to the Services, including without limitation PayBack Fitness’s website and mobile application, not expressly granted to you under these Terms.

Certain features require a paid subscription. Subscriptions auto-renew unless canceled. You authorize recurring charges until you cancel through your account or the platform store (e.g., Apple App Store, Google Play).  Payments are processed securely by third-party providers (e.g., Stripe). PayBack Fitness does not store payment card information.  Refunds are not guaranteed and are issued only as required by law.  Free trials or promotional offers may convert to paid plans unless canceled before expiration.  We reserve the right to modify pricing, billing periods, or features.

Users may earn “PF Coins” through participation in workouts, competitions (“Blocks”), or other approved activities within the Service. PF Coins serve as a reward and engagement mechanism, not a financial product.

• PF Coins:
  
  • Have no cash value outside of the PayBack Fitness platform.
    
  • Are non-transferable and cannot be sold, traded, or redeemed for cash.
    
  • May be redeemed only within the Service through authorized redemption options (e.g., gift cards via Tremendous).
    
  • May expire or be discontinued at our discretion.
    
  • Are forfeited if your account is terminated, deleted, or inactive for more than 12 months.

PayBack Fitness is not responsible for the loss of any PF Coins through unauthorized access to your account by a third party.

Users may redeem up to the equivalent of $599 USD in PF Coins per calendar year.  PF Coins earned beyond this limit remain in the account for redemption in future calendar years, subject to these Terms.  The redemption limit has been set for accounting purposes; however, it is your sole responsibility to ensure compliance with all tax and reporting laws and regulations. PayBack Fitness shall not be responsible or liable for any actions or inactions by you with respect to compliance with any applicable tax reporting laws.

To prevent fraud and ensure fairness, Users may purchase up to 1,000 PF Coins per calendar year. 

A User’s PF Coin wallet may not exceed 2,000 PF Coins at any time.  Once this cap is reached, the user must redeem PF Coins before earning or purchasing additional ones.  This limit prevents misuse of the Service as a stored-value account and promotes active engagement.

PF Coin redemption and rewards are provided through third-parties, including without limitation Tremendous, and are subject to their respective terms, conditions, and policies.  PayBack Fitness is not responsible or liable for any actions or inactions of third-parties, including without limitation the quality of their products or services.  

Redemption values, third-party partner availability, and delivery methods may change at any time without notice. 

You agree not to:

• Cheat, falsify activity logs, or otherwise engage in any fraudulent activity to manipulate PF Coin results.
• Engage in any activity that infringes, misappropriates, or violates the patent, copyright, trademark, trade secrets, intellectual property, publicity, privacy, or other rights of PayBack Fitness or any other third-party. 
• Violate or encourage any conduct that would violate any applicable law, rule, regulation, or any provision of these Terms.
• Engage in any activity that is violent, threatening, defamatory, obscene, vulgar, or offensive, as determined by PayBack Fitness in its sole discretion.
• Engage in any activity that promotes discrimination, bigotry, racism, hatred, harassment, abuse, or that threatens or harms other users.
• Interfere with the fair operation of competitions or rewards.
• Use the Service for commercial purposes without written authorization from PayBack Fitness.
• Display, mirror, or otherwise use PayBack Fitness, its Services, or any of its elements, including without limitation PayBack Fitness’s name, trademark, logo, website, or other proprietary information without PayBack Fitness’s express written consent. 
• Access, tamper with, or otherwise use non-public areas of PayBack Fitness’s Services.
• Breach, attempt to breach, scan, bypass, or test any of PayBack Fitness’s security measures or authentication measures.
  
  

PayBack Fitness reserves the right to remove content, suspend access, or permanently terminate accounts for violations of this section.

PayBack Fitness is an interactive online fitness community.  When interacting with other PayBack Fitness members, you should exercise caution and common sense to protect your personal safety, just as you would when interacting with anyone else. Your personal interactions with any third party found on or through PayBack Fitness’s Services are between you and such third party. You agree that PayBack Fitness is not responsible or liable for any loss, damage, injury, or death resulting from or related to your interactions with such third parties, and you expressly waive, on behalf of yourself, your heirs, and assigns, all claims, damages, losses, costs, including without limitation attorneys’ fees, related to such loss, damage, injury, or death.

You retain ownership of any content and data, including without limitation any images, you upload (“User Content”).  You are solely responsible for any User Content that you provide to the Services, whether publicly posted or privately transmitted.  You represent that you own or have all rights to provide all User Content that you submit to the PayBack Fitness Service and that PayBack Fitness will not need to obtain licenses from any third party or pay any royalties to any third party in order to use such User Content.

You represent that all User Content submitted by or on behalf of you is in compliance with these Terms and all applicable laws, rules, and regulations. We may remove content that violates these Terms or applicable law, or is offensive, obscene, objectionable, or that would tend to damage PayBack Fitness’s reputation or goodwill, as determined by PayBack Fitness in its sole discretion.

By posting or submitting User Content, you grant PayBack Fitness a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free license to use, host, reproduce, distribute, modify, edit, adapt, display, make derivative works from, and promote it in connection with operating or marketing the Service, without compensation to you.  You acknowledge that you waive all rights of privacy or publicity in your User Content.  Feedback, suggestions, reviews, or ideas submitted to PayBack Fitness by you may be used freely without obligation, compensation, or additional notice to you. 

You may remove User Content by deleting it from the Services; however, some User Content may not be completely removed and copies of the User Content may continue to exist in the Service and PayBack Fitness may continue to use such User Content.  PayBack Fitness is not responsible or liable for the removal or deletion of, or the failure to remove or delete, any User Content.

You acknowledge that all content, including without limitation Service content and User Content, accessed by you on the Service is at your own risk and you will be solely responsible for any damage or loss resulting to you or any other party resulting from your use of the Content.  To the fullest extent permitted by law, PayBack Fitness makes no representations, warranties, or guarantees with respect to any content that you access through the Services.

PayBack Fitness is not a medical, fitness, or healthcare provider. All content and recommendations are for informational and motivational purposes only.

YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  The use of information or content provided on the Service is solely at your own risk and PayBack Fitness does not in any way guarantee, and is not responsible or liable for, the content’s accuracy, completeness, or appropriateness for any purpose.  Furthermore, PayBack Fitness does not guarantee any particular result, including without limitation any weight loss results. 

Always consult a licensed healthcare professional before beginning any fitness program.  You assume full responsibility and all risks for your participation in workouts or related activities.

PayBack Fitness is not responsible or liable in any way for injury, illness, or harm, including death, resulting from your use of the Service, and you expressly waive, on behalf of yourself, your heirs, and assigns, all claims, damages, losses, costs, including without limitation attorneys’ fees, related to any loss, damage, harm, injury, or death resulting from or in any way related to your use of the Services.

All trademarks, logos, graphics, text, designs, and software are owned by PayBack Fitness, LLC or its licensors and are or may be protected under intellectual property laws, including without limitation copyrights, patents, trademarks, trade secrets, and other proprietary rights.  These rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not reproduce, distribute, or modify any materials, data, or content owned, created, or produced by PayBack Fitness without PayBack Fitness’s express written consent.

PayBack Fitness may, in its sole discretion, suspend or terminate your account, or any part thereof, or block or remove any User Content that you submitted, for any lawful reason, including without limitation if PayBack Fitness has determined that you have violated any of these Terms, that you have engaged in any fraudulent activity, that you have misused the Service, or that your conduct or content would tend to damage PayBack Fitness’s reputation or goodwill.

Upon termination for any reason, including termination by PayBack Fitness or by your own actions:

• Your access to and license to use the Service ends.
• Any remaining PF Coins are forfeited. If you elect to terminate your account, you MUST redeem any desired PF Coins prior to termination.  PayBack Fitness is not responsible or liable for the loss of any PF Coins once the account has been terminated.
• We may delete your account data and all account information and content per our Privacy Policy.

The Service integrates with third-party providers, including without limitation Apple App Store, Google Play, Stripe, Supabase, Tremendous, and Twilio.  PayBack Fitness is not responsible for the performance, policies, availability, activity, or inactivity, including without limitation the security measures, of any third-party providers. Use of such third-party services is subject to their own terms.  These Terms are solely between you and PayBack Fitness.  You agree that you are solely responsible for complying with all applicable third-party terms of services when using PayBack Fitness’s Services.

By providing contact information, you consent to receive transactional communications (e.g., account alerts, confirmations). You are solely responsible for any fees associated with receiving SMS, Email, and Notifications.

The Service is provided on an “AS IS” and “AS AVAILABLE” basis.  PayBack Fitness makes no warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, and expressly disclaims any warranties that might arise under any law. We do not guarantee uninterrupted, error-free, or secure access to the Service.  Furthermore, PayBack Fitness does not guarantee that the Service will meet your personal needs.

PayBack Fitness reserves the right to modify the Services at any time in its sole discretion without notice to Users.

To the fullest extent permitted by law, PayBack Fitness is not liable for indirect, incidental, special, punitive, or consequential damages (including loss of data, profits, or goodwill).  Our aggregate liability under these Terms shall not exceed the total amount of subscription fees paid in the 12 months preceding the claim.  Some jurisdictions do not allow certain exclusions; in such cases, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless PayBack Fitness, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses, including without limitation attorneys’ fees, arising from your use or misuse of the Service, your User Content, and your violation of these Terms.

These Terms are governed by the laws of the State of North Carolina, USA, without regard to conflict of law principles and you expressly agree to submit yourself to the personal jurisdiction of North Carolina in the event of a dispute with PayBack Fitness.

Any dispute, claim, or controversy arising out of or relating to (i) these Terms or the breach, termination, enforcement, interpretation or validity thereof; or (ii) the use of the Service or  PayBack Fitness content (“Dispute”) will first be subject to informal resolution.  Any disputes must be brought to the attention of PayBack Fitness within thirty (30) days that such dispute is known, or could be known, by User.  Disputes must be submitted by electronic mail to support@paybackfitness.com.  Upon receipt by PayBack Fitness of the dispute, the parties agree to engage in good faith effort to resolve the dispute within ninety (90) days, during which time the parties may not initiate arbitration or other legal proceeding.

Unresolved disputes will be settled by binding arbitration on an individual basis in Mecklenburg County, North Carolina.  Arbitration shall be in accordance with North Carolina Revised Uniform Arbitration Act, N.C.G.S. § 1-569.1 et seq., as may be amended from time to time.  The parties shall mutually select a qualified arbitrator.  If the parties cannot agree to an arbitrator, a court of competent jurisdiction in Mecklenburg County, North Carolina shall appoint an arbitrator.  The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of these Terms and this arbitration agreement.  The arbitrator may award payment of filing fees and costs and attorneys’ fees to the prevailing party.

You expressly waive the right to participate in class actions, jury trials, or consolidated proceedings to the extent permitted by law.

Notwithstanding the foregoing, PayBack Fitness reserves the right to immediately seek injunctive or other equitable relief from a court of law to prevent or enjoin the infringement or misappropriation of our intellectual property rights, including without limitation the unauthorized disclosure of trade secrets or other proprietary information. 

PayBack Fitness reserves the right to update these Terms at any time at our discretion.  Any modifications shall be uploaded to PayBack Fitness’s website and will be effective on the date they are posted.  Payback Fitness is not obligated to provide individual notice to Users of each update.  If you continue to use PayBack Fitness Services after updated Terms have been posted, you are agreeing to be bound by the updated Terms.  If you do not agree to be bound by the updated Terms, you must discontinue use of the Service and terminate your account. 

• Headings: Headings of this Term are for convenience only and shall not be used to construe the Terms.   
• Severability: If any provision of these Terms is found to be unenforceable, that portion found to be unenforceable only shall be stricken from these Terms and superseded by a valid, enforceable provision that matches the intent of the original provision.  The remaining terms remain enforceable.
• Assignment: You may not assign your rights or obligations under these Terms. We may assign ours without restriction and without notice to you.
• Force Majeure: We are not responsible for delays or failures due to events beyond our reasonable control and not caused by PayBack Fitness’s willful acts or negligence.  Events beyond PayBack Fitness’s reasonable control include but are not limited to acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, and computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.
• Notices: You consent to receive notices electronically via email or the app.
• No Waiver: No failure or delay by PayBack Fitness in exercising any of its rights herein shall be deemed to be a waiver of any further exercise of that right or any other rights provided by these Terms. PayBack Fitness’s rights and remedies herein are cumulative and not exclusive.
• Survival: Upon termination of this agreement between you and PayBack Fitness, the following sections of these Terms shall survive: Section 7: Service Content, User Content, and Feedback; Section 8: Health & Safety Disclaimer; Section 9: Intellectual Property; Section 11: Third Party Services; Section 13: Disclaimer of Warranties; Section 14: Limitation of Liability; Section 15: Indemnification; Section 16: Governing Law & Dispute Resolution; and Section 18: Miscellaneous.
• Entire Agreement: These Terms and referenced policies form the complete agreement between you and PayBack Fitness.  There are no other oral or written agreements that are binding between you and PayBack Fitness.

For questions or comments contact:

📧 support@paybackfitness.com