Terms of Service
Last updated: March 2026
These Terms of Service (“Terms”) govern your use of the Gains mobile application and related API services (collectively, the “Service”). By creating an account, signing in, or using the Service, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the Service.
1. The Service
Gains helps you log strength-training workouts, track progress and recovery, manage routines, and optionally use AI-powered coaching, analysis, and routine suggestions. Features may change or be added over time.
2. Not medical advice
Gains is not a medical device and does not provide medical advice, diagnosis, or treatment. Content in the app—including AI coach messages, workout analysis, physique scan estimates, calorie or protein targets, and strength ratings—is for general fitness and informational purposes only.
Consult a qualified healthcare professional before starting or changing any exercise program, especially if you have injuries, health conditions, or are pregnant. Stop exercising if you feel pain, dizziness, or discomfort.
3. AI features
- AI outputs may be inaccurate, incomplete, or inappropriate for your situation
- You are responsible for reviewing suggestions before following them
- Do not rely on AI for safety-critical decisions
- We may use third-party AI providers (e.g. OpenAI) to process prompts and data you submit, as described in our Privacy Policy
4. Your account
- You must provide accurate information and keep your credentials secure
- You are responsible for activity under your account
- You must be old enough to consent to these Terms in your jurisdiction (at least 13, or higher where required)
- One person per account; do not share accounts or impersonate others
- You may delete your account at any time in the app (Profile → Delete account). Deletion is permanent
5. Acceptable use
You agree not to:
- Violate laws or others’ rights
- Upload unlawful, abusive, or infringing content (including in coach chat or physique photos)
- Attempt to hack, scrape, reverse engineer, or overload the Service
- Use the Service to develop competing products using unauthorized access to our systems
- Circumvent rate limits, authentication, or security measures
We may suspend or terminate accounts that violate these Terms.
6. Your content
You retain ownership of content you submit (workout logs, coach messages, and other text you enter). You grant us a license to host, process, and display that content solely to operate and improve the Service, including sending relevant portions to AI and email providers as described in our Privacy Policy.
Physique scan photos: when you run a scan, you submit photos for that one-time analysis. Gains does not store those photo files on its servers. We send them to our AI provider for that request and keep only the resulting estimate and related text in your account until you delete your account or the data.
7. Our intellectual property
The Gains app, branding, software, exercise catalog, templates, and documentation are owned by us or our licensors. These Terms do not grant you rights to our trademarks or code except limited use of the Service as intended.
8. Third-party services
The Service integrates with third parties (e.g. Google Sign-In, Sign in with Apple, OpenAI, email delivery). Your use of those features may be subject to their terms and policies. We are not responsible for third-party services.
9. Availability and changes
We strive to keep the Service available but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features with or without notice. We may update these Terms; the “Last updated” date will change and continued use constitutes acceptance.
10. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, INCLUDING INJURY OR PROPERTY DAMAGE ALLEGEDLY CAUSED BY FOLLOWING APP OR AI GUIDANCE.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) USD $50 IF YOU USE A FREE VERSION OF THE APP.
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
12. Indemnity
You agree to indemnify and hold us harmless from claims arising out of your misuse of the Service, your content, or your violation of these Terms, except where caused by our gross negligence or willful misconduct.
13. Governing law
These Terms are governed by the laws applicable where the operator of Gains is established, without regard to conflict-of-law rules. Courts in that jurisdiction will have exclusive venue for disputes, unless mandatory consumer protection laws in your country require otherwise.
14. Contact
Questions about these Terms:
stixietv@gmail.com