Terms of Use for Athletes

Version: 2026-08-24
Effective Date: August 24, 2026

The German version of this document is the authoritative version; this English translation is provided for convenience.

Operator: Gain. Fitness GmbH, Kelchweg 3, 8048 Zurich, Switzerland
Contact: support@gain-app.com · Data protection: privacy@gain-app.com

§ 1 Introduction, scope and acceptance

(1) Gain. Fitness GmbH, Kelchweg 3, 8048 Zurich, Switzerland ("Gain", "we" or "us") operates the coaching platform "Gain" including the associated mobile application (the "App" or the "Platform").

(2) By creating an account, accessing or using the App, you accept these terms of use (the "Terms"). If you do not agree, you may not use the App.

1.1 Who these Terms apply to

(1) These Terms apply to you as an Athlete, that is, as a person who uses the App for their own training and nutrition support.

(2) They apply whether you are supported by a coach ("your Coach") or use the App without a coach ("solo use").

(3) Provisions relating to a coach apply only for as long as your account is linked to a coach. If the link is removed, or if no link exists, those provisions do not apply to you. This concerns in particular § 4 item 4.1, § 5 item 5.2 second bullet, and § 7 items 7.2 and 7.5.

1.2 These Terms are not your consent to the processing of health data

(1) Accepting these Terms is something different from your consent under Art. 9(2)(a) GDPR to the processing of your health data.

(2) That consent is obtained in the App as a separate, unbundled step, separate from acceptance of these Terms, and may be withdrawn at any time without affecting your contract for the use of the App.

(3) Details — in particular the scope of the consent, its withdrawal and the consequences of withdrawal — are set out in § 7 items 7.3 and 7.4 and in section 6 of the athlete privacy policy (https://gain-app.com/en/privacy/athlete).

1.3 Other applicable documents

In addition to these Terms, the athlete privacy policy (https://gain-app.com/en/privacy/athlete) applies and — where you are supported by a coach — the essence of the Joint Controller Agreement under Art. 26 GDPR (https://gain-app.com/en/legal/joint-controller-agreement).

§ 2 Eligibility

(1) To use the App you must:

• be at least 16 years of age;
• be able to enter into a binding agreement;
• hold a valid invite code, insofar as you come to the Platform through a coach or an organisation.

(2) Insofar as the Platform offers use without a coach (solo use), no invite code is required for registration.

(3) If you do not meet these requirements, you may not use the App.

§ 3 Registration and account security

(1) To access the App you must register an account.

(2) If you register with an invite code, you will be assigned during onboarding to the associated coach or organisation. The assignment may be subject to platform rules and restrictions.

(3) You are responsible for:

• the accuracy and completeness of the information you provide;
• keeping your credentials confidential;
• all activity under your account.

(4) You may maintain only one account. If you suspect unauthorised access, contact support@gain-app.com without undue delay.

§ 4 Description of the service

(1) The App is a fitness and coaching platform. It allows you to record and evaluate your training and nutrition data and — where you are supported by a coach — to share that data with your Coach and to communicate with your Coach within the Platform.

(2) Gain provides the technology platform only. Gain is not a coaching provider and does not employ, vet, supervise or endorse coaches.

4.1 Coaching relationship

(1) Where your account is linked to a coach, the App facilitates the coaching relationship between you and your Coach. Your Coach can view and work with the coaching data you enter in the App.

(2) All coaching advice, training plans and nutrition targets come solely from your Coach.

(3) If the link is removed, your Coach's access to your data ends.

4.2 Tracking and data synchronisation

(1) The App allows you to record fitness and health-related data, in particular body weight, nutrition, training logs and custom fields.

(2) Offline entry may be supported. Synchronisation occurs once connectivity is available. Real-time synchronisation is not guaranteed.

4.3 Integration of device health data

(1) With your express permission, the App can read health data from Apple HealthKit (iOS) or Google Health Connect (Android).

(2) This integration is optional and read-only. You may revoke the permission at any time in your device's system settings. This permission is distinct from the consent under § 7 item 7.3.

4.4 Check-ins and media uploads

(1) You may submit check-ins, including progress photos and form check videos. Media files may be automatically resized, compressed or technically optimised.

(2) Where you are supported by a coach, your Coach may review and respond to your submissions.

4.5 Training and nutrition features

(1) Your Coach may assign training plans and nutrition targets to you.

(2) Nutrition values and calorie calculations are estimates and may rely on third-party data. We do not guarantee their accuracy.

4.6 Push notifications

You may optionally enable push notifications. They can be disabled at any time in your device's system settings.

4.7 Use without a coach (solo use)

(1) Insofar as the Platform offers use without a coach, you may use the recording and evaluation features of the App without being linked to a coach.

(2) In that case no coach has access to your data. Gain is then the sole controller for all of your data within the meaning of data protection law (section 2 of the athlete privacy policy).

(3) The consent under § 7 item 7.3 is also required in solo use insofar as health data is processed; the part of the consent relating to coach access does not apply in that case.

4.8 Historical data provided by your Coach

(1) Your Coach may provide Gain with historical data from a previous tool (e.g. a spreadsheet) for migration into your account. Your Coach is obliged to inform you about this before the transfer.

(2) A migration takes place only after you have completed onboarding and given your consent under § 7 item 7.3. No historical data is transferred to the Platform before you have given your consent.

(3) Details are set out in section 5 of the athlete privacy policy and in the template notice at https://gain-app.com/en/legal/migration-notice.

§ 5 User content and grant of rights

5.1 Ownership

You retain the rights in the content you submit ("User Content").

5.2 Grant of rights

(1) By submitting User Content, you grant Gain. Fitness GmbH a non-exclusive, royalty-free, territorially unrestricted right to use, store, process and display that content, solely:

• to operate and improve the App;
• where your account is linked to a coach: to enable your Coach to access your content.

(2) This right ends when your account or the content concerned is deleted, unless a statutory retention obligation applies.

5.3 Your warranties

You warrant that:

• you hold the necessary rights in your content;
• your content does not infringe third-party rights;
• your content complies with applicable law.

§ 6 Acceptable use

(1) You undertake not to:

• use the App unlawfully;
• use it to upload harmful or infringing content;
• reverse engineer, decompile or disassemble it;
• scrape it or extract data;
• make it accessible to third parties by sharing credentials;
• interfere with its security or operation.

(2) We may suspend or terminate accounts for violations.

§ 7 The role of the Platform, your consent and the coaching relationship

7.1 Gain's role

(1) Gain provides the technology platform only. We do not supervise, vet or endorse coaches.

(2) Where your account is linked to a coach, Gain and your Coach are joint controllers for your coaching data within the meaning of Art. 26 GDPR. The joint controllership covers exclusively the eight categories of coaching data exhaustively listed in section 2.2 of the athlete privacy policy (training data, nutrition data, tracking data, check-in data, anamnesis data, form check media, imported historical data, and messages between you and your Coach within the Platform).

(3) Under Art. 26(2) GDPR, the essence of that arrangement is set out in sections 2 and 3 of the athlete privacy policy; the point of contact for all of your rights is Gain (privacy@gain-app.com). You may nevertheless exercise your rights in respect of and against each of the two parties (Art. 26(3) GDPR).

7.2 Your Coach's access

(1) Your Coach may access your coaching data solely within the functions of the Platform and solely for the purpose of supporting you.

(2) Your Coach is contractually obliged to treat your data as confidential, not to use it for other purposes, and not to use it outside the Platform beyond their own lawful area of responsibility.

(3) This item does not apply in solo use.

7.3 Your consent to the processing of health data (Art. 9(2)(a) GDPR)

(1) A separate step. Coaching data is predominantly health data and therefore a special category of personal data. We base its processing on Art. 6(1)(b) GDPR in conjunction with Art. 9(2)(a) GDPR. We obtain the required explicit consent in the App during onboarding as a separate, unbundled step — separate from acceptance of these Terms and separate from any other declaration.

(2) No bundling. Accepting these Terms does not replace the consent and does not constitute consent. Conversely, giving consent does not constitute acceptance of these Terms.

(3) Scope. The consent covers the processing of your health data for the purpose of training and nutrition support, conditionally — only where you are supported by a coach — access by the coach linked to you to that data, and historical data provided by your Coach (§ 4 item 4.8).

(4) Your Coach does not obtain the consent. The consent is obtained and documented exclusively by Gain. Your Coach can only view the consent status in the Platform.

(5) Other consents. This consent is distinct from the permission for device health data (§ 4 item 4.3), the consent to push notifications (§ 4 item 4.6) and the cookie consent on our website. Each of these consents can be withdrawn independently of the others.

7.4 Withdrawal of consent and its consequences

(1) Withdrawal at any time. You may withdraw your consent at any time with effect for the future — in the App under Account or by email to privacy@gain-app.com. Withdrawing is as easy as giving consent. The lawfulness of processing carried out before the withdrawal remains unaffected.

(2) No effect on the contract. Withdrawal does not terminate this contractual relationship and does not lead to any disadvantage beyond the technical consequences set out in paragraph 3. In particular, withdrawal is free of charge for you.

(3) Consequences of withdrawal. If you withdraw your consent:

• the health data concerned is frozen and hidden; it is no longer processed for coaching purposes;
• your Coach's access to that data is revoked (only where you are supported by a coach);
• your Coach is notified of the withdrawal and is obliged to cease any further processing of that data without undue delay — including copies and extracts held outside the Platform;
• the App is available to you only to a limited extent: your account and support remain reachable, the coaching-related features do not, because they cannot be provided without processing health data.

(4) Erasure. Withdrawal initially results in the data being frozen, not yet permanently erased. Permanent erasure follows the standard account deletion route at https://gain-app.com/en/account-deletion or the expiry of the retention periods set out in the athlete privacy policy. You may also request erasure directly.

7.5 Coaching fees

Fees for coaching services are agreed exclusively between you and your Coach. Gain is not a party to that agreement.

§ 8 Health and fitness disclaimer

(1) The App is not a medical device and does not provide medical advice.

(2) In particular:

• consult a qualified healthcare professional before beginning an exercise or nutrition programme;
• stop the activity if you experience concerning symptoms;
• coaching advice comes solely from your Coach;
• nutritional values are estimates;
• the App does not diagnose, treat, cure or prevent disease.

(3) Without prejudice to § 14(1), Gain is not liable for injury, illness or other adverse outcomes resulting from use of the App or from coaching advice. The unlimited liability under § 14(1) — in particular for damage arising from injury to life, body or health — remains expressly unaffected.

§ 9 Third-party services

The App integrates third-party services. Your use of those services is subject to their respective terms and policies. We are not responsible for their content or availability. The processors engaged by Gain are listed in the athlete privacy policy.

§ 10 Intellectual property

(1) The App and its underlying technology are owned by Gain. Fitness GmbH.

(2) You are granted a limited, non-exclusive, non-transferable and revocable right of use for personal, non-commercial purposes.

§ 11 Fees

(1) The App is currently provided free of charge.

(2) We reserve the right to introduce fees or subscription models with reasonable prior notice.

§ 12 Suspension, termination and deletion of the account

(1) You may stop using the App at any time and request deletion of your account. The procedure is described at https://gain-app.com/en/account-deletion; alternatively, a message to privacy@gain-app.com is sufficient.

(2) We may suspend or terminate your account if you breach these Terms, if required by law, or if we discontinue the service.

(3) Upon termination, your right to use the App ceases with immediate effect.

(4) Termination of your Coach's coach account does not affect your account, your data or your user relationship with Gain; in that case your Coach's access to your data is revoked.

(5) Provisions that by their nature are intended to survive termination remain in effect; this applies in particular to § 8 (health and fitness disclaimer), § 13 (disclaimer of warranties), § 14 (limitation of liability), § 15 (indemnification), § 17 (force majeure) and § 18 (governing law and jurisdiction).

§ 13 Disclaimer of warranties

(1) The App is provided on an "AS IS" and "AS AVAILABLE" basis.

(2) We disclaim warranties to the fullest extent permitted by law and do not guarantee uninterrupted or error-free operation. Mandatory statutory rights, in particular consumer rights, remain unaffected.

§ 14 Limitation of liability

(1) Unlimited liability. Gain is liable without limitation for damage arising from injury to life, body or health, for damage caused by intent or gross negligence on the part of Gain, its legal representatives or vicarious agents, in cases of fraud, and in all cases of mandatory statutory liability (e.g. product liability).

(2) Slight negligence. In cases of slight negligence, Gain is liable only for the breach of essential contractual duties (cardinal duties) — that is, duties whose performance makes the proper execution of the contract possible in the first place and on whose observance you may regularly rely. In that case, liability is limited to the foreseeable damage typical for this type of contract at the time of conclusion.

(3) Otherwise, Gain's liability for slight negligence is excluded. Mandatory consumer protection provisions of your country of habitual residence remain unaffected.

(4) Data protection claims. Your statutory claims, including claims under Art. 82 GDPR, are neither excluded nor limited by this § 14.

§ 15 Indemnification

You shall indemnify Gain. Fitness GmbH against claims arising from:

• your breach of these Terms;
• your User Content;
• any use of the App for extraneous purposes.

§ 16 Changes to and availability of the service

(1) We may modify, suspend or discontinue the App or individual features at any time.

(2) We are not liable for interruptions or feature changes; § 14 remains unaffected in its entirety, in particular the unlimited liability under § 14(1).

§ 17 Force majeure

We are not liable for failure or delay caused by events beyond our reasonable control, in particular natural events, cyberattacks, governmental measures, labour disputes or infrastructure failures.

§ 18 Governing law and jurisdiction

(1) These Terms are governed by Swiss law, excluding its conflict-of-law rules.

(2) The exclusive place of jurisdiction is Zurich, Switzerland.

(3) If you are habitually resident in the European Union, the mandatory consumer protection provisions of your country of residence and the courts available to you there remain unaffected.

(4) Mandatory provisions of the GDPR and the revFADP as well as your rights as a data subject remain unaffected.

§ 19 Versioning and changes to these Terms

(1) Version identifier. These Terms and the further documents referred to in § 1 item 1.3 carry a version identifier (see the header). The Platform records your acceptance together with the version identifier and a timestamp.

(2) Material changes. In the case of material changes, we will inform you with reasonable advance notice via the App or by other appropriate means. Material changes take effect only once you have re-accepted them in the App.

(3) Non-material changes. For non-material changes — in particular editorial clarifications — continued use after the changes take effect may constitute acceptance, insofar as this is legally permissible. Mandatory consumer protection provisions remain unaffected.

(4) No effect on your consent. Re-accepting these Terms does not replace your consent under § 7 item 7.3 and does not operate to renew it. Changes to the scope of the consent require a separate, renewed consent.

(5) If you do not agree to a change, you may stop using the App and have your account deleted in accordance with § 12.

(6) The version in force at any given time is available at https://gain-app.com/en/terms/athlete.

§ 20 Severability

Should any provision of these Terms be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions remains unaffected.

§ 21 Entire agreement

These Terms, together with the athlete privacy policy, constitute the entire agreement between you and Gain. Fitness GmbH regarding the use of the App. Your consent under § 7 item 7.3 is a separate declaration that may be withdrawn at any time.

§ 22 Contact

Gain. Fitness GmbH
Kelchweg 3
8048 Zurich
Switzerland

General enquiries: support@gain-app.com
Data protection: privacy@gain-app.com

Related documents: Privacy Policy for Athletes · Joint Controller Agreement (Art. 26 GDPR) · Template data migration notice · Cookie Policy · Account deletion

Changelog