Terms of Service

ByeGym is a service platform that assists users in cancelling gym memberships by:

• Identifying cancellation requirements and procedures
• Drafting and mailing cancellation notices via USPS certified mail to your gym
• Providing you with tracking updates
• Providing evidence of successful cancellations

ByeGym does not provide legal advice or guidance. We do not guarantee that using our services will result in the successful cancellation of any gym membership, as cancellation policies vary by gym and are subject to the terms of your specific membership agreement.

You understand that ByeGym is an online platform and cannot cancel gym memberships that require cancellation notifications delivered via any method other than those outlined above. Additional fees may apply for gym cancellations that require services beyond those outlined above, including for letters delivered via certified mail.

You represent and warrant that:

• All information you provide to ByeGym is accurate, complete, and truthful
• You have the right to cancel the gym membership for which you are requesting our Services
• You will respond promptly to any requests from ByeGym for additional information
• You will not use our Services for any unlawful purpose or in any way that violates the terms of your gym membership agreement
• You are over the age of 18 and a resident of the United States

4.1 Collection and Use of Information

ByeGym collects and processes personal information as necessary to provide the Services. By using our Services, you consent to the collection, use, and processing of your personal information as described in this Agreement and our Privacy Policy, which is incorporated by reference.

4.2 Compliance with Data Protection Laws

SAP Thumbprint Holdings, LLC will make reasonable efforts to comply with applicable data protection and privacy laws in the United States, including state-specific laws such as the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), and the Colorado Privacy Act (CPA), and other similar state laws to the extent they apply to ByeGym's operations. The specific rights available to you may vary depending on your state of residence, and it is your responsibility to inform us of any state-specific rights you wish to exercise.

4.3 Data Security

ByeGym implements reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, you acknowledge that no method of transmission over the Internet or electronic storage is 100% secure, and ByeGym cannot guarantee absolute security.

4.4 Third-Party Service Providers

SAP Thumbprint Holdings, LLC may engage third-party service providers to assist in providing the Services, including but not limited to mail processing services. These third parties may use your information as necessary to provide the services requested by ByeGym, and ByeGym will take reasonable measures to ensure your information is handled appropriately.

5.1 Ownership of Materials

ByeGym retains all right, title, and interest in and to all information, content, and materials created, drafted, or developed by ByeGym in connection with providing the Services, including but not limited to all cancellation letters, templates, forms, and other documents (collectively, the "Materials"). The Customer acknowledges and agrees that ByeGym owns all intellectual property rights in the Materials.

5.2 Limited License to Customer

ByeGym grants the Customer a limited, non-exclusive, non-transferable license to use the Materials solely for the purpose of canceling the specific gym membership for which the Services were requested. The Customer may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Materials for any other purpose without the prior written consent of ByeGym.

5.3 Customer Content

The Customer grants ByeGym a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute any content or information provided by the Customer solely for the purpose of providing the Services.

6.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BYEGYM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6.2 Limitation of Liability

IN NO EVENT SHALL BYEGYM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

BYEGYM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INACCURATE, FALSE, OR MISLEADING INFORMATION PROVIDED BY THE CUSTOMER. BYEGYM RELIES ON THE INFORMATION PROVIDED BY THE CUSTOMER TO DRAFT CANCELLATION LETTERS. BYEGYM IS NOT RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY INFORMATION PROVIDED BY THE CUSTOMER AND SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CONSEQUENCES RESULTING FROM INACCURATE, FALSE, OR MISLEADING INFORMATION PROVIDED BY THE CUSTOMER.

BYEGYM'S TOTAL LIABILITY TO THE CUSTOMER FOR ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES GIVING RISE TO SUCH CLAIM.

Our Guarantee

We stand behind our service. You will receive a full refund of the amount you paid if:

• We fail to mail your cancellation letter for any reason
• Your gym charges you after your cancellation should have taken effect, and your bank denies your chargeback dispute for that charge

Chargeback Refund Eligibility

To qualify for a refund when your chargeback is denied:

• Your cancellation letter was successfully delivered (confirmed by USPS tracking)
• The disputed charge occurred after your cancellation effective date (based on your gym's required notice period)
• You filed a chargeback with your bank within 60 days of the disputed charge
• Your bank denied the chargeback
• You provide documentation of the denial (bank letter, email, screenshot, or written summary)

Refund Exclusions:

Refunds are not available if:

• The disputed charge was for a billing period before your cancellation took effect (these are legitimate charges under your membership agreement)
• You did not file a chargeback with your bank after being charged
• You filed the chargeback more than 60 days after the charge date
• You withdrew or abandoned your chargeback before a decision was made
• Your bank approved the chargeback (you already received your money back)

How to Request a Refund:

1. Email [email protected] with subject line "Refund Request"
2. Include your order number (found in your confirmation email)
3. Provide documentation of your chargeback denial
4. We will process your refund within 5 business days

Good Faith Commitment:

We may grant refunds outside these guidelines in extraordinary circumstances at our discretion. Our goal is your complete satisfaction.

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law.

8.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

8.3 Class Action Waiver

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, AN ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

You agree to indemnify, defend, and hold harmless ByeGym, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, and/or costs (including, but not limited to, attorneys' fees and costs) arising from or related to:

• Your use of the Services
• Your violation of this Agreement
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right
• Any inaccurate, false, or misleading information provided by you
• Any claim that the Services or any information provided by you caused damage to a third party

10.1 Term

This Agreement shall remain in full force and effect while you use the Services.

10.2 Termination by Customer

You may terminate this Agreement at any time by ceasing to use the Services, provided that all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10.3 Termination by Company

ByeGym may terminate this Agreement and your access to the Services at any time, without cause and without notice, which may result in the forfeiture and destruction of all information associated with your use of the Services.

10.4 Effect of Termination

Upon termination of this Agreement for any reason, your right to use the Services will immediately cease, and ByeGym shall have no obligation to maintain any information stored in our database or to forward any information to you or any third party.

11.1 Entire Agreement

This Agreement constitutes the entire agreement between you and ByeGym regarding the use of the Services, superseding any prior agreements between you and ByeGym relating to your use of the Services.

11.2 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

11.3 Waiver

The failure of ByeGym to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

11.4 Assignment

This Agreement is not assignable, transferable, or sublicensable by you except with ByeGym's prior written consent. ByeGym may assign, transfer, or delegate any of its rights and obligations under this Agreement without consent.

11.5 Force Majeure

ByeGym shall not be liable for any failure to perform its obligations under this Agreement where such failure results from any cause beyond ByeGym's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

11.6 Notices

Any notices or other communications provided by ByeGym under this Agreement, including those regarding modifications to this Agreement, will be given by posting to the Services and/or through other electronic communication.

11.7 No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect.