GainStrong Terms of Use
Important: Please read these Terms of Use carefully before using GainStrong. By using our app, you agree to be bound by these terms.
1. Acceptance of Terms
By downloading, installing, accessing, or using GainStrong ("App"), you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree with these Terms, you must not use the App.
These Terms constitute a legally binding agreement between you and GainStrong ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the App after such modifications constitutes your acceptance of the updated Terms.
2. Eligibility & Account Registration
2.1 Age Requirements
You must be at least 13 years old to use GainStrong. By using the App, you represent and warrant that you are at least 13 years of age. If you are under 18, you represent that you have your parent's or guardian's permission to use the App.
2.2 Account Creation
- You must provide accurate, current, and complete information during registration
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
- You must use a strong, unique password and not share your credentials with anyone
3. Acceptable Use Policy
You agree to use GainStrong only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the App for any illegal or unauthorized purpose
- Violate any applicable laws, regulations, or third-party rights
- Infringe on the intellectual property rights of others
- Attempt to gain unauthorized access to the App, servers, or networks
- Interfere with or disrupt the App's operations or security features
- Use any automated system, robot, or scraper to access the App without our consent
- Upload, share, or transmit any content that is offensive, harmful, or violates applicable laws
- Impersonate any person or entity or misrepresent your affiliation
- Reverse engineer, decompile, or attempt to extract the source code
- Circumvent any security features or access controls
4. Health & Safety Disclaimer
IMPORTANT MEDICAL DISCLAIMER: GainStrong is a fitness tracking and guidance app. It is NOT a medical app and does NOT provide medical, health, or fitness advice that should replace professional medical consultation.
Before Starting Any Exercise Program:
- Always consult with a qualified healthcare professional, physician, or certified fitness trainer before beginning any exercise program
- You are solely responsible for determining if any exercise or workout is appropriate for your physical condition, fitness level, and health status
- Stop exercising immediately if you experience pain, discomfort, dizziness, shortness of breath, chest pain, or any concerning symptoms
- Do not exceed your physical limitations or attempt exercises beyond your current ability level
- Use proper form and technique to prevent injury
- Use the App at your own risk
We are not responsible for any injuries, health problems, or damages resulting from your use of the App.
5. Intellectual Property Rights
5.1 Our Content
All content, features, functionality, design, text, graphics, logos, icons, software, and other materials within the App are the exclusive property of GainStrong or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.
- The App, including its design, features, content, and functionality, is owned by GainStrong or its licensors
- All trademarks, service marks, and logos displayed in the App are our property or the property of their respective owners
- You may not copy, modify, distribute, sell, rent, lease, or create derivative works of our content without our express written permission
- You may only access and use the App for personal, non-commercial purposes
5.2 User-Generated Content
- You retain ownership of the content you create or upload (workout data, progress photos, notes, etc.)
- By using the App, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to use, store, process, display, and distribute your content solely to provide, maintain, and improve the App's services
- You represent and warrant that you own or have the necessary rights to all content you provide
- You agree that we may use anonymized, aggregated data derived from your content for analytics and app improvement purposes
6. Subscription & Payment Terms
6.1 Free vs. Premium Features
- GainStrong offers both free and premium subscription features
- Free tier users can create and manage up to 5 custom exercises
- Premium subscription provides unlimited custom exercises and access to additional features
- We reserve the right to modify free tier limitations at any time
6.2 Subscriptions & Billing
- Subscription fees are charged in advance on a recurring basis (monthly or annual, as selected)
- All fees are in U.S. dollars (or your local currency as displayed) and are non-refundable unless required by law or as otherwise specified
- We use third-party payment processors (Apple, RevenueCat) to handle all transactions
- You are responsible for any applicable taxes on your subscription
6.3 Auto-Renewal
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period
- You can cancel your subscription at any time through your device's App Store settings (for iOS) or through our App settings
- Cancellation will take effect at the end of your current billing period
- You will continue to have access to premium features until the end of your current billing period
- No refunds will be provided for partial billing periods
6.4 Refunds
- Subscription purchases made through the App Store are subject to Apple's refund policies
- If you are eligible for a refund according to Apple's policies, you must request it directly from Apple
- We do not provide refunds except as required by applicable consumer protection laws
7. Disclaimers & Limitations of Liability
7.1 App Availability Disclaimer
The App is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We do not guarantee that the App will be:
- Uninterrupted, error-free, or secure
- Free from defects, viruses, malware, or other harmful components
- Compatible with all devices, operating systems, or network configurations
- Available at all times or in all geographic locations
7.2 Fitness & Health Disclaimer
We make no representations or warranties regarding the accuracy, completeness, or usefulness of any workout plans, exercise instructions, or fitness guidance provided in the App. We are not liable for any injuries, health problems, or damages resulting from:
- Following workout plans or exercise instructions in the App
- Failure to consult with a healthcare professional
- Using improper form or technique
- Exceeding your physical limitations
7.3 Limitation of Liability
To the maximum extent permitted by applicable law, GainStrong and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, data, or business opportunities
- Personal injury or death
- Property damage
- Cost of substitute goods or services
- Any damages arising from or related to your use of the App
Our total liability to you for all claims arising from these Terms or your use of the App shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.
8. Data & Privacy
Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information. By using the App, you consent to our data practices as described in the Privacy Policy.
- We use industry-standard security measures to protect your data
- Your workout data is encrypted in transit and at rest
- We use third-party services (Supabase, PostHog, Sentry) that process your data in accordance with our Privacy Policy
- You can export or delete your data at any time through the App's settings
9. Third-Party Services & Links
The App may integrate with or contain links to third-party services, including but not limited to:
- Supabase: Cloud database and authentication services
- PostHog: Analytics and product insights
- Sentry: Error tracking and performance monitoring
- RevenueCat: Subscription management
- Apple: App Store, payment processing, and device services
We are not responsible for the content, privacy practices, policies, or availability of any third-party services. Your interactions with third-party services are solely between you and the third party and subject to their terms and privacy policies.
10. Offline Use & Data Sync
GainStrong is designed to work offline-first:
- Many core features are available without an internet connection
- Your workout data is stored locally on your device using Core Data
- When online, the App syncs your data to cloud storage
- We are not responsible for any data loss that occurs due to device failure, loss, or theft
- We recommend regularly backing up your device
11. Account Termination
11.1 Termination by You
- You may stop using the App and delete your account at any time through the App's settings
- Terminating your account will permanently delete your account information and workout data
- Some data may be retained as required by law or for legitimate business purposes (see Privacy Policy)
- Cancelling your subscription does not automatically delete your account
11.2 Termination by Us
We reserve the right to suspend or terminate your access to the App immediately, without prior notice, if:
- You violate these Terms or our Privacy Policy
- You engage in fraudulent, illegal, or harmful activity
- We are required to do so by law or legal process
- We decide to discontinue the App or any portion thereof
- Your account has been inactive for an extended period
12. Arbitration & Dispute Resolution
If you are located in the United States:
- Any dispute arising from these Terms or your use of the App will be resolved through binding individual arbitration, not in court
- You waive your right to participate in a class-action lawsuit or class-wide arbitration
- Arbitration will be conducted under the rules of the American Arbitration Association
- You can opt out of arbitration by sending written notice within 30 days of first accepting these Terms
If you are located outside the United States, these Terms shall be governed by and construed in accordance with the laws of your jurisdiction, without regard to its conflict of law provisions.
13. Changes to These Terms
We may modify these Terms from time to time to reflect changes in our services, legal requirements, or for other business reasons. We will notify you of material changes by:
- Posting the updated Terms in the App
- Sending you an email notification (if you have provided an email address)
- Showing a prominent notice when you open the App
Your continued use of the App after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the App and delete your account.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. The remainder of these Terms shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other policies we reference, constitute the entire agreement between you and GainStrong regarding your use of the App and supersede all prior agreements and understandings.
16. Contact Us
If you have questions, concerns, or complaints about these Terms of Use, please contact us:
- Email: legal@gainstrong.app
- Support: support@gainstrong.app
We will respond to your inquiry within 30 days. For urgent matters, please use the "Contact Us" feature in the App.
These Terms of Use are effective as of January 2025 and were last updated on January 15, 2025.