Gainz Terms & Conditions

1.1

By creating an account, installing or using the App, using the Website, texting the Coach line or buying a Subscription, you expressly acknowledge and agree that you are entering into a legal agreement with us, and have understood and agree to comply with, and be legally bound by, these Terms.

1.2

When downloading the App from any third-party software platform, you also agree to be legally bound by the terms and conditions of any platform on which the App is sold.

2.1

By law, if you are a consumer the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.2

The key information we give you by law forms part of this contract. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3.1

If you are a consumer and you buy a Stripe Subscription from us, you have the right to cancel it within 14 days of the day the contract is made under clause 9.6 (the day your Free Trial starts, if it has one, or otherwise the day you pay), without giving any reason. If you cancel within that time, we will refund everything you have paid. The only exception is where, when you bought, you expressly asked us to start providing the paid Services within the 14 days and acknowledged that you would have to pay for them if you cancelled. In that case we may keep an amount in proportion to the paid Services you received before you told us. We never charge for a Free Trial. This does not affect your right to stop a Subscription renewing at any time, as set out at clause 14.

3.2

Store Subscriptions are bought through Apple’s App Store (or the app store you bought from), which handles their billing, cancellation and refunds. To cancel one, use the subscription settings of your Apple Account (or of Google Play, if you bought there). Cancelling takes effect at the end of the current Billing Period, and you keep access until then. Refunds for Store Subscriptions are decided by Apple (or Google) under its own terms, and you ask it for them, not us. For Apple, you can do this at reportaproblem.apple.com.

3.3

To use the right in clause 3.1, tell us clearly that you want to cancel, for example by emailing support@gainz.ai (for a Coaching Plan, include the phone number you text the Coach from). You do not have to give a reason, and you can use the model cancellation form at the end of these Terms, but you do not have to. The Coach on the Coach line cannot give refunds, so email us even if you have also told the Coach. We will refund you within 14 days of the day you tell us, to the payment method you used, less any amount clause 3.1 allows. To meet the cancellation deadline, it is enough to send your message before the 14 days end.

3.4

This does not affect your statutory rights. A summary of these rights is provided at the top of this page.

4.1

The Services give you access to the Coach. The Coach writes workout and nutrition Plans for you, answers your messages, analyses the body-scan and meal photos you take, and sends you coaching notifications and messages. It uses the information you give us to personalise what it does.

4.2

The Services include:

4.3

Your attention is drawn to the fact that the Coach and the Content are generated by artificial intelligence. They use the information you give us, but they are not a medical assessment and they are not medical advice. If you have any medical conditions which may affect your exercise or your diet, you should not follow the Content without first asking a health professional; we refer you to the usage restrictions at clause 7.

4.4

Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of the Services may in some cases generate inaccuracies in the Content. You should evaluate the accuracy of any Content as appropriate for your use and contact us if you have any concerns over the suitability of the Content for your personal fitness requirements.

4.5

The Coach is not a person. Where a coach in the Services is modelled on a real person, for example an athlete, it is an AI persona: that person does not write its replies, read your messages or review your Plans. If you sincerely ask the Coach whether you are talking to a person or an AI, it will tell you that it is an AI. We do not provide any particular warranty as to the suitability of the Content for any particular purpose.

4.6

When we supply the Content

4.7

If you consider any digital content supplied is faulty, please contact us using the contact details at the top of this page.

4.8

To avoid faults in the digital content, you must:

4.9

Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

4.10

We may change the Services from time to time, for example to update the App, to change the AI providers we use or to reflect changes in the law.

5.1

We and our licensors own all intellectual property rights in the Services and the Content. You will not own the Content. To the extent that you hold any rights in the Content, you assign them to us with full title guarantee as soon as they come into existence, and you will sign any document we reasonably need to confirm this. This clause does not apply to your Customer Data, which clause 5.2 covers.

5.2

You keep ownership of your Customer Data. You give us permission to use it only to provide the Services to you and for the product analytics and advertising measurement our Privacy Policy describes, including by sending it to the AI providers listed there. We do not train AI models on your Customer Data, and we do not use your Health Data, Apple Health data or Photos for advertising or sell them. This permission ends when you delete the data or your Account, except for what our Privacy Policy says is kept.

6.1

We give you permission to use the Content (also known as a ‘licence’) for the purpose of you using and enjoying it according to these Terms.

6.2

The Content:

6.3

We do not publish your Content, your Customer Data or your messages. If you share Content yourself, for example to TikTok, the service you share it to handles it under its own terms.

7.1

You may not use the Content if you have any pre-existing medical conditions, which may render your use of the Content unsafe. You should seek advice from a health professional before using the Content.

7.2

You may not upload any Photos or Health Data of any other person, or use Content generated from them, without:

7.3

We may require you to provide proof of having obtained all necessary consents, as a condition of your continued use of the Services.

7.4

You agree not to, and not to permit any third party to: (i) transfer, redistribute, sell, lease, lend or rent the Content. (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time. (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App or any third party software used to provide the Content. (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any third party software or any part thereof. (v) circumvent, disable or otherwise interfere with security-related features of the Services, or any third-party software or features that prevents or restricts use, or copying of any content, or that enforce limitations on use of the Services or any third party software. (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services or the Content. (vii) use the Services, including the Coach line, to send unauthorised and/or unsolicited commercial communications. (viii) use any third party names, logo or trademarks contained in the Services or in the Content without our prior written consent. and/or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms

7.5

We may label images the Services generate, such as the transformation preview, as generated by AI. You shall not, and shall not permit any third party to, remove, hide or minimise that label without obtaining our prior written approval. If you wish to remove it, please contact us at support@gainz.ai.

7.6

We reserve the right to monitor, limit, reject, delete and/or remove any Customer Data if you are in violation of these Terms. We check images you upload, including profile photos, for unlawful or harmful content using automated tools. We further reserve the right to remove Content in the event that there is a complaint of infringement of any third party intellectual property rights in relation to the use of the Customer Data or Content.

7.7

If you use the Services for business purposes, you agree to indemnify us against claims arising from your breach of clause 7. If you are a consumer, you are responsible to us only for losses that your breach of these Terms causes and that were foreseeable when you accepted them.

7.8

When you use the Coach line, you must:

8.1

To use the App, you will first have to create an account (Account). You can use the same Account to sign in on the Website. You agree not to create an Account for anyone else or use the Account of another without their permission. If you create an Account, you must provide accurate and complete information for yourself, including the personal details requested. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account and for your Account security. You must notify us immediately of any unauthorised use of your Account.

8.2

You must be at least 13 years old to use the App. If you are under 18 you must have your parent or legal guardian’s permission to set up an account and to use the App and they must be the contracting party and agree to these Terms on your behalf. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.

8.3

You do not need to give payment details to create an Account. Some features need a Subscription. Clauses 9 and 11 explain how Subscriptions, Free Trials and payment work.

8.4

The Coach line is only for adults. You must be 18 or over to use it. If you tell the Coach that you are under 18, or your linked Account shows that you are, the Coach line will not coach you or offer you a Subscription.

8.5

You can link the Coach line to your Account from the App. When you do, the Coach uses your App profile and history on the Coach line, and your Coach line messages become part of your Account.

9.1

You can buy a Subscription in three ways:

9.2

Free Trials of Store Subscriptions. Any Free Trial of a Store Subscription is the one the App Store offers when you buy. Its length is shown before you confirm your purchase. Unless you cancel at least 24 hours before the Free Trial ends, your Subscription starts and you are charged when the Free Trial ends.

9.3

Free Trials of Stripe Subscriptions. A Stripe Subscription has a Free Trial only if one is shown on the Stripe checkout page before you pay. If none is shown there, you are charged when you subscribe.

9.4

Free coaching on the Coach line. Before you are offered a Coaching Plan, the Coach line coaches you free of charge in your thread: it asks you a few questions and gives you a first session. The Coach sends you a payment link when you ask for one, never in its first message, and never to anyone under 18. We may limit how many messages we answer, and we may change or end free coaching at any time. If you link the Coach line to your Account, you get 7 days of free access to the Coach line and the App, starting when you first link. This free access is not a Subscription or a Free Trial: we do not take payment details for it, and nothing is charged when it ends. If you have not subscribed, the Coach may send you a payment link once, about two days before your free access ends, and you pay only if you choose to use it.

9.5

We may refuse or cancel the purchase of a Stripe Subscription, and if we do we will refund what you paid for it, if:

9.6

A legally binding contract for a Subscription is in place between you and us when the App Store or Stripe confirms your purchase or the start of your Free Trial.

10.1

The App is free to download from the App Store. The App Store’s terms apply to that download (see clause 12).

10.2

If something happens which is outside of our control and affects your ability to download or use the App, we will let you know when you can expect to be able to use it.

10.3

Some features need permissions on your device, such as notifications, access to Apple Health (or Health Connect) or tracking. You can refuse or withdraw these in your device settings. Some features may not work without them.

11.1

Store Subscriptions are bought through Apple and charged to your Apple Account, in the price and currency shown at purchase, when you confirm the purchase or, if you have a Free Trial, when the Free Trial ends. They renew automatically at the end of each Billing Period unless you cancel them in your Apple Account’s settings at least 24 hours before the current Billing Period ends. Apple charges your Apple Account for the renewal within the 24 hours before the current Billing Period ends. If you buy a Subscription while you are in a Free Trial, any unused part of the Free Trial ends when you buy. If you bought through another app store, its equivalent terms apply.

11.2

Payments are handled by Apple or Stripe, and we never see your full card number. We will do all that we reasonably can to ensure that all of the information you give us when paying is secure. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 13) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

11.3

Stripe Subscriptions are charged to the card you enter on the Stripe checkout page, in the price, currency and Billing Period shown there. Web Plans are priced in US dollars, and any tax is calculated and shown at checkout. Stripe Subscriptions renew automatically at the end of each Billing Period until you cancel them (see clause 14.4).

11.4

Deleting your Account does not cancel a Subscription. Cancel your Subscription first, as clause 14.4 describes. If you delete your Account while a Stripe Subscription is still active, email support@gainz.ai straight away so that we can cancel it for you.

12.1

If you are downloading the App from a third-party mobile device platform or service provider, please be aware that the platform may have established usage rules which also govern your use of the App (“Usage Rules”). You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App. If you are unable to make such a representation you are prohibited from installing and/or using the App.

12.2

When you pay through Stripe, Stripe’s terms also apply to your payment.

12.3

Apple. If you downloaded the App from Apple’s App Store: (a) these Terms are between you and us only, not Apple, and we, not Apple, are solely responsible for the App and its content; (b) your licence to use the App is limited to Apple-branded products that you own or control, as the Usage Rules in Apple’s Media Services Terms allow, and Apple’s Licensed Application End User License Agreement (apple.com/legal/internet-services/itunes/dev/stdeula) also applies to your use of the App; (c) Apple has no obligation to provide any maintenance or support for the App; (d) if the App fails to conform to any warranty that applies, you may notify Apple and Apple will refund the purchase price (if any) for the App, and, to the maximum extent the law allows, Apple has no other warranty obligation for the App; (e) we, not Apple, are responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws; (f) we, not Apple, are responsible for investigating, defending, settling and discharging any claim that the App or your use of it infringes a third party’s intellectual property rights; (g) you confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a ‘terrorist supporting’ country, and that you are not on any US Government list of prohibited or restricted parties; (h) you must comply with any third-party terms that apply when you use the App; and (i) Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

13.1

Our Privacy Policy is available on our Website.

13.2

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

13.3

In order to provide the Coach and perform our obligations under these Terms, we use third-party AI services. We send your messages, Photos and the profile and Health Data you give us, including height and weight read from Apple Health or Health Connect, to OpenRouter, an AI gateway, which passes them to AI models from companies including Anthropic, DeepSeek, OpenAI and Google. We also send requests directly to Fal.ai to create images and to ElevenLabs to create voice, and we may send the photo for your transformation preview directly to Google. Section 4.3 of our Privacy Policy sets out what each of them receives. This involves the transfer of your personal data and sensitive personal data outside of the UK.

13.4

The information we send to AI providers is not anonymised. It includes your name, age, gender, height, weight and the other details the Coach needs to personalise its advice. We do not use your Health Data or Apple Health data for advertising, and we do not sell it.

13.5

The AI providers process this information to answer our requests, and may keep and use our requests as their own terms allow. Our Privacy Policy explains this, and how to exercise your rights.

13.6

Messages on the Coach line are carried by Photon (its Spectrum service) and Apple’s iMessage. Our Privacy Policy explains what we collect on the Coach line, how long we keep it, how to stop messages (text STOP) and how to ask us to delete your data.

14.1

We may end this agreement by giving you at least 30 days’ notice by email, or straight away if you have seriously broken these Terms. If we end it other than for your breach, you keep access until the end of any Billing Period you have paid for, and we will refund any part of a Stripe Subscription you have paid for and will not receive.

14.2

You can delete your Account and terminate this agreement at any time from within the App, at Settings → Account Management → Delete Account. Deletion is immediate and permanent: your Account and the data we hold for it are deleted straight away and cannot be restored. Section 7.1 of our Privacy Policy lists the records our service providers keep under their own terms. If you cannot access the App, email a request to GAINZ.AI at support@gainz.ai from the address registered to your Account and we will delete it for you. If you use the Coach line without an Account, you can stop messages at any time by texting STOP, and ask us to delete your data by emailing us with your phone number. Deleting your Account does not cancel a Subscription (see clause 11.4).

14.3

If you cancel a Store Subscription at least 24 hours before its Free Trial ends, you will not be charged.

14.4

You can cancel a Subscription at any time. Cancelling takes effect at the end of the current Billing Period: you keep access until then and you are not charged again. Cancelling does not refund the Billing Period you have already paid for, except where clause 3 or the law gives you a right to a refund. How to cancel:

14.5

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

14.6

When this agreement ends, we stop using your Customer Data, except as our Privacy Policy describes (for example, copies our service providers keep after you delete your Account). We will not use your Health Data, Apple Health data or Photos after this agreement ends, except the goals, training experience, training days and activity level our product analytics provider keeps, as our Privacy Policy describes. We may keep using statistics that are anonymised, cannot identify you and never include Health Data, Apple Health data or Photos.

14.7

Upon termination of this agreement all licences and consents granted under this Agreement shall terminate.

15.1

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

16.1

Except for Apple and its subsidiaries as set out in clause 12.3, no one other than a party to this contract has any right to enforce any term of this contract.

17.1

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

17.2

The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

17.3

If you are a consumer, you can bring legal proceedings in the courts of England and Wales, or, if you live in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland.