Terms of Use
Effective Date: February 14, 2026
Operator: Gain. Fitness GmbH, Kelchweg 3, 8048 Zurich, Switzerland
Contact: support@gain-app.com
1. Introduction & Acceptance
Gain. Fitness GmbH ("we," "us," or "our") operates the Gain mobile application ("the App"). These Terms of Use ("Terms") govern your access to and use of the App as an athlete (client of a coach using the platform).
By creating an account, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
These Terms should be read together with our Privacy Policy, which explains how we collect, use, and protect your personal data.
The App is available by invitation only. You must have a valid invite code from a coach or organization to create an account.
2. Eligibility
To use the App, you must:
- Be at least 16 years of age
- Have the legal capacity to enter into a binding agreement
- Possess a valid invite code issued by a coach or organization using the platform
If you do not meet these requirements, you may not use the App.
3. Account Registration & Security
To access the App, you must register an account using a valid invite code.
During onboarding, you will be assigned to the coach or organization associated with your invite code. Coach assignment may be subject to platform rules and restrictions.
You are responsible for:
- Providing accurate and complete information
- Maintaining the confidentiality of your login credentials
- All activity under your account
You may only maintain one account. If you suspect unauthorized access, contact us at support@gain-app.com.
4. Description of the Service
The App is a fitness coaching platform that enables communication and data sharing between athletes and their assigned coaches.
Gain provides the technology platform only. We are not a coaching provider and do not employ, endorse, or supervise coaches.
4.1 Coaching Relationship
The App facilitates a coaching relationship between you and your assigned coach. Your coach can view and interact with data you enter in the App.
All coaching advice, training plans, and nutrition guidance are provided solely by your coach.
4.2 Tracking & Data Synchronization
The App allows you to track fitness and health-related data, including body weight, nutrition intake, training logs, and other custom fields.
Offline entry may be supported. Synchronization occurs when connectivity is available. We do not guarantee real-time synchronization.
4.3 Health Data Integration
With your explicit permission, the App can read health data from Apple HealthKit (iOS) or Google Health Connect (Android).
This integration is optional and read-only. You may revoke access at any time in your device settings.
4.4 Check-Ins & Media Uploads
You may submit check-ins, including progress photos and videos. Media files may be automatically resized, compressed, or processed for technical optimization.
Your coach may review and respond to your submissions.
4.5 Training & Nutrition Features
Your coach may create and assign training plans and nutrition targets. 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. Notifications can be disabled in your device settings.
5. User Content & Licenses
5.1 Ownership
You retain ownership of all content you submit ("User Content").
5.2 License Grant
By submitting User Content, you grant Gain. Fitness GmbH a non-exclusive, royalty-free, worldwide license to use, store, process, and display your content solely for:
- Operating and improving the App
- Enabling your assigned coach to access your content
This license ends when your account or content is deleted, except where retention is legally required.
5.3 Content Representations
You represent that:
- You own or have rights to your content
- Your content does not infringe third-party rights
- Your content complies with applicable law
6. Acceptable Use
You agree not to:
- Use the App unlawfully
- Upload harmful or infringing content
- Reverse engineer or decompile the App
- Scrape or extract data
- Share login credentials
- Interfere with security or operations
We may suspend or terminate accounts for violations.
7. Coach Relationship & Platform Role
Your assigned coach can access data you enter.
Gain acts solely as a technology provider. We do not supervise, verify, or endorse coaches.
Coaching fees are agreed upon exclusively between you and your coach.
8. Health & Fitness Disclaimer
The App is not a medical device and does not provide medical advice.
- Consult a qualified healthcare professional before beginning exercise or nutrition programs
- Stop activity if you experience concerning symptoms
- Coaching advice is provided solely by your coach
- Nutritional values are estimates
- The App does not diagnose, treat, cure, or prevent disease
Gain is not responsible for injury, illness, or adverse outcomes resulting from use of the App or coaching advice.
9. Third-Party Services
The App integrates with third-party services. Your use of such services is subject to their respective terms and policies. We are not responsible for third-party content or availability.
10. Intellectual Property
The App and its technology are owned by Gain. Fitness GmbH.
You are granted a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use.
11. Fees
The App is currently provided free of charge.
We reserve the right to introduce fees or subscription models in the future with reasonable prior notice.
12. Account Suspension & Termination
You may stop using the App at any time and request account deletion.
We may suspend or terminate your account if you violate these Terms, if required by law, or if we discontinue the service.
Upon termination, your right to use the App ceases immediately.
Sections that by their nature should survive termination shall remain in effect, including but not limited to Sections 8 (Health & Fitness Disclaimer), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 17 (Force Majeure), and 18 (Governing Law & Jurisdiction).
13. Disclaimer of Warranties
The App is provided on an "AS IS" and "AS AVAILABLE" basis.
We disclaim all warranties to the fullest extent permitted by law.
We do not guarantee uninterrupted or error-free operation.
14. Limitation of Liability
To the fullest extent permitted by applicable law:
- We are not liable for indirect or consequential damages
- Our total aggregate liability shall not exceed CHF 0
This limitation does not apply to gross negligence, willful misconduct, fraud, or non-excludable liability under applicable law.
15. Indemnification
You agree to indemnify and hold harmless Gain. Fitness GmbH from claims arising from:
- Your violation of these Terms
- Your User Content
- Your misuse of the App
16. Service Changes & Availability
We may modify, suspend, or discontinue the App or any feature at any time.
We are not liable for interruptions or feature changes.
17. Force Majeure
We are not liable for failure or delay caused by events beyond our reasonable control, including natural disasters, cyberattacks, governmental actions, labor disputes, or infrastructure failures.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of Switzerland.
The courts of Zurich, Switzerland have exclusive jurisdiction.
If you reside in the EU, mandatory consumer protection laws of your country remain unaffected.
19. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we will notify you through the App or by other appropriate means before the changes take effect.
Your continued use of the App after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the App.
20. Severability
If any provision is invalid or unenforceable, the remaining provisions remain in effect.
21. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gain. Fitness GmbH.
22. Contact
Gain. Fitness GmbH
Kelchweg 3
8048 Zurich
Switzerland