Terms of Service
Last updated 31 August 2026
The short version. GymPay records your members and their payments, and texts them about it. Members pay you directly — the money goes to your own M‑PESA till or paybill and never passes through us. Your data stays yours, and you can take it with you.
1. These terms
These terms form an agreement between Lexville Suppliers Limited, which operates GymPay, and the gym, fitness centre or business that creates an account. By creating an account you accept them. If you are accepting on behalf of a business, you confirm you are authorised to do so.
2. What the service does
GymPay lets your staff register members, record membership plans and periods, request and record payments, and send members transactional SMS about payments and expiry.
GymPay is a record-keeping and messaging tool. It is not a bank, not a payment service provider, and not a money remittance business.
3. Payments
This is the most important clause in this document, so it is stated plainly.
Members' money is paid to you, not to us. Payments are made to your own M‑PESA till, paybill or in cash. Lexville Suppliers Limited does not receive, hold, control or transmit your members' funds at any point. We record that a payment occurred; we do not move it.
It follows that:
- Refunds are between you and your member. We cannot reverse an M‑PESA transaction.
- Disputes about whether a member paid are resolved against the M‑PESA record, which Safaricom holds.
- Any transaction charges levied by Safaricom are a matter between you and Safaricom.
Where the service records a payment as received, that record reflects the confirmation we received from Safaricom or the cash entry your staff made. We take care that these records are accurate, but you remain responsible for reconciling them against your own M‑PESA statements.
4. Messages to your members
SMS sent through GymPay are transactional: receipts, balance notices, expiry and renewal reminders, registration confirmations.
You agree not to use the service to send promotional, marketing or bulk unsolicited messages, and not to attempt to send messages to people who are not your members. Mobile network operators approve our sender identity on the basis that traffic is transactional, and misuse puts every gym on the platform at risk of losing SMS delivery.
Message delivery depends on mobile networks we do not control. We cannot guarantee that a message will arrive, or when.
5. Your account and your staff
- Give accurate details when you register, and keep them current.
- You are responsible for everything done under your account, including by your staff.
- Keep passwords confidential. Remove accounts for staff who leave.
- Tell us promptly if you suspect an account has been compromised.
6. Your data
Member and payment records you enter remain yours. We process them as your data processor, as described in our Privacy Policy, which forms part of these terms.
You may ask for an export of your gym's data at any time, and we will provide it in a usable format at no charge. We will not hold your data hostage against an unpaid bill.
You confirm that you have the right to enter your members' details into the service and to have us message them on your behalf.
7. Fees
Fees, if any, are those agreed with you in writing. Where the service is provided free of charge during a trial or early-access period, we may introduce fees on at least 30 days' written notice, and you may close your account before they take effect.
8. Availability
We aim to keep the service running, but we do not promise uninterrupted availability. Maintenance, faults, and failures at Safaricom, our SMS provider or our hosting provider can all interrupt it.
Because of this, do not rely on GymPay as your only record. M‑PESA statements remain the authoritative record of payments received.
9. Acceptable use
You agree not to: use the service unlawfully; attempt to access another gym's data; probe, scan or interfere with the service's security; overload it; or resell access without our written agreement.
10. Liability
The service is provided on an “as is” basis. To the extent permitted by law, Lexville Suppliers Limited is not liable for indirect or consequential loss, loss of profit, loss of business, or loss arising from the acts or failures of Safaricom, mobile network operators, or our hosting or SMS providers.
Where liability cannot be excluded, our total liability for any claim is limited to the fees you paid us in the three months before the claim arose, or KES 10,000 where no fees were paid.
Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.
11. Suspension and closure
You may close your account at any time. We will delete your data as set out in the Privacy Policy.
We may suspend or close an account that breaches these terms, that is being used unlawfully, or that puts other gyms on the platform at risk. Except where the breach is serious or unlawful, we will give notice and a reasonable chance to put it right first. If we close your account, we will give you the opportunity to export your data.
12. Changes
We may update these terms. Material changes will be notified to account holders by email at least 14 days before taking effect. Continuing to use the service after that means you accept the change.
13. Governing law
These terms are governed by the laws of Kenya, and the courts of Kenya have exclusive jurisdiction. We will try in good faith to resolve any dispute directly before either of us goes to court.