Terms of Use for Coaches

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 conclusion of contract

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

(2) These terms of use (the "Terms") govern your access to and use of the Platform in your capacity as a Coach. The clients you support are referred to as "Athletes".

(3) By creating a coach account, accessing or using the Platform, you accept these Terms. If you do not agree, you may not use the Platform.

(4) In addition to these Terms, the following apply:

• the coach privacy policy (https://gain-app.com/en/privacy/coach);
• the Joint Controller Agreement under Art. 26 GDPR (the "Agreement"; https://gain-app.com/en/legal/joint-controller-agreement);
• the athlete privacy policy (https://gain-app.com/en/privacy/athlete), insofar as it concerns your relationship with the Athletes you support.

(5) Acceptance of the Agreement is part of coach onboarding and a condition for using all client-related features of the Platform. Details are set out in § 7 item 7.2.

(6) Registration as a coach is open to coaches acting in a professional capacity. There is no entitlement to the conclusion of a usage agreement.

(7) These Terms carry a version identifier. For amendments and re-acceptance, see § 21.

§ 2 Eligibility

(1) To use the Platform you must:

• be at least 18 years of age;
• have full legal capacity and be entitled to enter into a binding agreement; if you act for a legal entity, you must be authorised to represent it;
• use the Platform in the course of a trade, business or profession (§ 1(6), § 3(2)).

(2) If you do not meet these requirements, you may not use the Platform.

§ 3 Independent contractor status; no employment or agency relationship

(1) These Terms do not create any employment, commercial agency, partnership, joint venture or franchise relationship between you and Gain.

(2) You act at all times as an independent contractor on your own account and at your own risk.

(3) You are not entitled to bind Gain. Fitness GmbH, to represent yourself as acting on behalf of Gain, or to create obligations in our name.

§ 4 Registration and account security

(1) You are responsible for:

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

(2) You may maintain only one coach account.

(3) Credential hygiene. You undertake to use a strong and unique password, to enable multi-factor authentication where the Platform offers it, not to permit account sharing, and to protect your devices with screen locks and current security updates (§ 7 item 7.3(c)).

(4) You shall report the loss or compromise of credentials or devices, and any unauthorised access to your coach account, to support@gain-app.com and privacy@gain-app.com without undue delay (§ 9(4) of the Agreement).

§ 5 Description of the service

(1) The Platform is a software tool that enables coaches to manage Athletes, training plans, nutrition targets, tracking data, check-ins and communication within the Platform.

(2) Gain provides technology infrastructure only. Gain does not provide coaching services and is not a party to the coaching contract between you and your Athletes.

5.1 Management of athlete data

(1) You may access the data of Athletes linked to your coach account solely for legitimate coaching purposes and solely within the functions of the Platform.

(2) Unauthorised export, unauthorised disclosure and any use of athlete data for other purposes are prohibited (§ 7 items 7.3(a) and (e)).

5.2 Coaching responsibility

(1) All coaching advice, training plans, nutrition targets and feedback are your sole responsibility.

(2) You are solely responsible for:

• the safety and suitability of your coaching advice;
• compliance with the professional standards and the rules of professional conduct applicable to you;
• entering into legally compliant agreements with your Athletes.

(3) Gain does not review, approve or endorse your coaching practice.

5.3 Data import from previous tools (import service)

(1) Subject matter. As a supporting service, Gain offers the migration of an Athlete's historical data from a previous tool used by you (in particular Google Sheets) into the Platform (the "Import"). There is no entitlement to have an Import carried out; the scope, format and availability of the import service are announced via the Platform.

(2) Prerequisite: completed onboarding and consent. An Import is permitted only once the Athlete concerned has accepted the invitation, completed onboarding and given the consent pursuant to Art. 9(2)(a) GDPR (§ 7 item 7.4). No historical data is transferred to the Platform before the consent has been given; importing "in advance" is not permitted.

(3) One Athlete per sheet. Each sheet submitted for Import may contain the data of exactly one Athlete. It must not contain any personal data of third parties — neither of other Athletes nor of any other person. If a sheet contains third-party data, it must be cleaned before submission.

(4) Your warranties. By submitting a sheet for Import you warrant that:

• a) you collected the data lawfully and are in lawful possession of it;
• b) you informed the Athlete concerned about the transfer to the Platform before the Import; for this notice Gain provides a template at https://gain-app.com/en/legal/migration-notice, the use of which is recommended;
• c) the data is accurate and does not contain any data whose processing the Athlete has prohibited or objected to;
• d) the sheet contains no personal data of third parties.

(5) No review obligation on Gain's part. Gain reviews the submitted data neither for lawfulness nor for accuracy. Gain may refuse, interrupt or reverse an Import where there are indications of a breach of these Terms or of data protection requirements.

(6) Deletion of the source file. Gain deletes the source file submitted for Import once the Import is complete. You remain solely responsible for any copies remaining in your own area of responsibility (§ 4(2) of the Agreement).

(7) Relationship to the Agreement. Annex 2 to the Agreement applies in addition. As of the Import, the migrated data is subject to joint controllership; the lawfulness of the collection and possession of the data prior to the Import remains your sole responsibility. In the event of conflict on data protection matters, the Agreement prevails (§ 15(1) of the Agreement).

(8) Indemnity. § 17 applies to claims arising from a breach of the warranties under paragraph 4.

§ 6 Regulatory and legal compliance

(1) You warrant that:

• you comply with all professional, licensing, regulatory and consumer protection rules applicable to you;
• you hold the required qualifications, certifications or licences;
• you obtain all legally required declarations and consents from your Athletes insofar as these concern your own area of responsibility.

(2) Where applicable, this includes appropriate liability waivers and health disclaimers as well as the data protection information required for your area of sole responsibility (§ 4(2) of the Agreement).

(3) Consent under Art. 9(2)(a) GDPR to the processing of health data on the Platform is obtained by Gain — not by you (§ 7 item 7.4). The third bullet of paragraph 1 relates exclusively to declarations for your own area of responsibility.

(4) You are solely responsible for meeting your compliance obligations.

§ 7 Athlete data, data protection and confidentiality

7.1 Data ownership

(1) Athlete data belongs to the respective Athletes. You do not acquire any ownership or other rights of disposal in athlete data by using the Platform.

(2) Upon termination of your account, or upon removal of the link to an Athlete, your access to the athlete data concerned is revoked without undue delay (§ 13(3) of the Agreement).

7.2 Joint controllership and acceptance of the Agreement

(1) Allocation of roles. For the coaching data of the Athletes linked to you, Gain and you are joint controllers within the meaning of Art. 26 GDPR. This covers exclusively the eight categories of data exhaustively listed in § 3(2) of the Agreement (training data, nutrition data, tracking data, check-in data, anamnesis data, form check media, imported historical data, and messages within the Platform).

(2) Messages. Messages between you and your Athletes within the Platform form part of the jointly controlled coaching data and are covered by the Athlete's consent under § 7 of the Agreement. Your confidentiality and purpose limitation obligations under item 7.3 apply to the content of messages without restriction.

(3) Sole controllership outside the Platform. For processing outside the Platform — in particular your own notes, spreadsheets, previous tools, off-platform communication, contracting, invoicing and your own marketing — you are the sole controller; Gain is in this respect neither controller nor processor (§ 4(2) of the Agreement).

(4) Acceptance during onboarding. Acceptance of the Agreement is part of coach onboarding and a condition for using all client-related features of the Platform, in particular for sending invitations, accessing athlete data, creating plans, handling check-ins and the Import under § 5 item 5.3. Without acceptance, these features are not enabled.

(5) Recording and proof. Acceptance takes place electronically by way of an express affirmative action (click-accept). The Platform records the acceptance together with the version identifier and a timestamp. You can view the version you accepted at any time in your coach account and download it as a PDF (§ 1(3) of the Agreement). No signature is required.

(6) New versions. Material changes to the Agreement will be shown to you via the Platform with reasonable advance notice and take effect only once you have accepted the new version (§ 1(4) of the Agreement). Until re-acceptance, client-related features may be restricted.

(7) Precedence. In the event of conflict between these Terms and the Agreement, the Agreement prevails on data protection matters (§ 15(1) of the Agreement).

7.3 Your data protection obligations

(1) You undertake — identically in substance to § 10(1) of the Agreement:

• a) Purpose limitation — to process athlete data exclusively for coaching purposes within the coaching relationship existing with the respective Athlete; any processing for other purposes, in particular advertising, profiling, disclosure to third parties or sale, is prohibited;
• b) Confidentiality — to treat all athlete data as strictly confidential and not to make it accessible to third parties; this obligation continues after termination of these Terms;
• c) Credential hygiene — to keep credentials secret, not to permit account sharing, to use a strong and unique password, to enable multi-factor authentication where available, and to protect devices with screen locks and current security updates;
• d) No processing in advance — to enter or import an Athlete's health data into the Platform only once that Athlete has completed onboarding including the consent (§ 7 item 7.4);
• e) No off-platform export — not to export, copy or use athlete data outside the Platform beyond your own lawful area of responsibility; the creation of bulk extracts or mass exports is prohibited;
• f) Data quality — to keep the data you enter accurate and up to date and to correct identified inaccuracies without undue delay;
• g) Legal compliance — to comply with the data protection, professional and regulatory rules applicable to you and to fulfil your own information obligations towards Athletes for your area of sole responsibility;
• h) Cooperation — to support Gain in fulfilling the obligations allocated to it under the Agreement; in particular you shall forward data subject requests relating to Platform processing to privacy@gain-app.com within three (3) business days, provide the information required to answer a request within five (5) business days, and report personal data breaches within 24 hours of becoming aware of them (§ 6, § 9 of the Agreement).

(2) If you breach material obligations under paragraph 1, Gain may restrict or block access to athlete data with immediate effect and may terminate your coach account in accordance with § 14 (§ 10(2) of the Agreement).

7.4 Athletes' consent and withdrawal

(1) Gain obtains the consent — not you. During onboarding, Gain obtains from every Athlete the explicit consent under Art. 9(2)(a) GDPR to the processing of their health data, as a separate, unbundled step, separate from acceptance of the terms of use. You do not obtain consent on Gain's behalf.

(2) Legal bases. The processing of coaching data is based on Art. 6(1)(b) GDPR in conjunction with Art. 9(2)(a) GDPR.

(3) Status display. You may rely on the consent obtained by Gain and can view the per-Athlete consent status in the Platform.

(4) Consequences of withdrawal. If an Athlete withdraws their consent:

• the health data concerned is frozen and hidden;
• your access to that data is revoked;
• Gain notifies you without undue delay of the withdrawal;
• final erasure follows the standard account deletion route (https://gain-app.com/en/account-deletion) or, as applicable, the retention periods set out in the athlete privacy policy.

(5) Your obligation upon notification. Upon receiving the notification under paragraph 4, you shall cease any further processing of the health data concerned without undue delay. This also covers copies and extracts held outside the Platform; such copies must be deleted or blocked unless you have a separate, continuing legal basis for them or are subject to a statutory retention obligation (§ 7(6) of the Agreement).

7.5 Confidentiality

(1) You undertake:

• to treat athlete data as strictly confidential;
• to access data only insofar as necessary for the coaching;
• not to export, copy, sell or disclose athlete data;
• to implement appropriate security measures on your devices.

(2) A breach may result in immediate termination of the account.

(3) The confidentiality obligation survives termination of these Terms.

7.6 Coach content

(1) You retain the rights in content you have created independently (e.g. your own exercise descriptions, plan and text templates).

(2) You grant Gain a non-exclusive, royalty-free, territorially unrestricted right to use such content solely for operating and improving the Platform.

(3) We are not obliged to retain your content after termination of the account, unless a statutory retention obligation applies.

§ 8 Acceptable use

(1) You undertake not to:

• use the Platform unlawfully;
• use it for any misuse of athlete data;
• reverse engineer, decompile or disassemble it;
• scrape it or extract data on a large scale;
• make it accessible to third parties by sharing credentials;
• interfere with its security or operation.

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

§ 9 Health and fitness disclaimer

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

(2) You are solely responsible for:

• the safety of your coaching services;
• ensuring that your Athletes are medically cleared where appropriate;
• the appropriateness of your guidance.

(3) Without prejudice to § 16(1), Gain is not liable for injury, illness or other adverse outcomes arising from coaching services delivered through the Platform. The unlimited liability under § 16(1) — in particular for damage arising from injury to life, body or health, and for intent or gross negligence on the part of Gain — remains expressly unaffected.

§ 10 Third-party services

(1) The Platform may integrate third-party services.

(2) We are not responsible for the content or availability of those services. The processors engaged by Gain are listed in Annex 3 to the Agreement and in the privacy policies.

§ 11 Intellectual property

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

(2) You are granted a limited, non-exclusive, non-transferable and revocable right to use the Platform.

(3) Without our written consent you may not assert or imply a partnership with, or endorsement by, Gain.

§ 12 Fees and billing

(1) Trial period. Use of the Platform is free of charge for new coaches for the first 14 days from registration. After the trial period ends, continued use requires a paid subscription.

(2) Prices. Fees are based on the number of active clients (price per active client per month), in accordance with the price list in force when the subscription is taken out, at https://gain-app.com/en#pricing (in USD, EUR, CHF or GBP). A client is active where, at any point within the billing period, their account was linked to your coach account and not deactivated; the status is measured across the period, not on a cut-off date. Part-periods are not pro-rated. Clients who have been invited but have not yet registered, and clients deactivated throughout, are not counted.

(3) Billing. Billing takes place monthly in arrears on the basis of actual usage, through the payment service provider Stripe. Prices are exclusive of any applicable value added tax; where a valid VAT identification number is on file, billing may take place under the reverse-charge procedure.

(4) No minimum term; cancellation. The subscription has no minimum term. You may cancel it yourself at any time via the billing portal in your account settings; the cancellation takes effect at the end of the current billing period. Until then the Platform and your Athletes' access continue unchanged. Thereafter, continued use of the client-related features requires a new subscription; your account and your stored data are retained. Cancelling the subscription is distinct from terminating the account entirely under § 14(4). Fees for usage already incurred in the current billing period remain payable.

(5) Price changes. Price changes for existing subscriptions will be announced in text form at least one month before the start of the billing period to which they are to apply; until then, the previous prices continue to apply.

(6) Late payment. If a fee that has fallen due is not paid despite a reminder and a reasonable period of grace, we may suspend access to the coach account until the outstanding fees have been paid. Stored data is retained during the suspension; the Athletes' access to the App, their rights, and the obligations under the Joint Controller Agreement (Art. 26 GDPR) remain unaffected. Further statutory claims are reserved.

§ 13 Availability and service levels

(1) No service level agreement (SLA) applies unless separately agreed in writing.

(2) The Platform may experience downtime, maintenance windows and interruptions. Uninterrupted availability is not guaranteed.

§ 14 Suspension and termination of the account

(1) We may suspend or terminate your account if you:

• breach these Terms or the Agreement;
• breach your confidentiality obligations;
• fail to comply with applicable law;
• create a risk for Athletes or for the Platform.

Separately from the above, we may suspend access for late payment in accordance with § 12(6).

(2) Upon termination:

• your access to the Platform ceases with immediate effect;
• your access to all athlete data is revoked without undue delay (§ 13(3) of the Agreement);
• the Agreement terminates automatically; no separate notice of termination is required (§ 13(2) of the Agreement);
• we may delete your content after a reasonable retention period.

(3) The Athletes' accounts, their data and their user relationship with Gain remain unaffected by the termination (§ 13(4) of the Agreement).

(4) You may terminate your account at any time. The deletion procedure is described at https://gain-app.com/en/account-deletion.

(5) Provisions that by their nature are intended to survive termination remain in effect; this applies in particular to § 7 items 7.3(b) and 7.5 (confidentiality), § 9, § 12(2) to (4) and (6) (fees, billing, fees already incurred and late payment), § 15, § 16, § 17, § 19 and § 20.

§ 15 Disclaimer of warranties

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

(2) We disclaim warranties to the fullest extent permitted by law. Mandatory statutory rights remain unaffected.

§ 16 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, and in aggregate to the total fees you paid to Gain in the twelve months preceding the event giving rise to the damage, but no less than CHF 1,000.

(3) Otherwise, Gain's liability for slight negligence is excluded.

(4) Data protection claims. Statutory claims of data subjects, including claims under Art. 82 GDPR, are neither excluded nor limited by this § 16. The internal apportionment between the joint controllers is governed by § 12 of the Agreement.

§ 17 Indemnification

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

• your coaching services;
• your breach of these Terms or of the Agreement;
• your failure to comply with the rules applicable to you;
• any use of athlete data for extraneous purposes;
• a breach of the data import warranties under § 5 item 5.3(4), in particular the import of data without lawful possession, without prior information to the Athlete, or of third-party data;
• claims brought by your Athletes.

(2) The indemnity covers the reasonable costs of legal defence.

§ 18 Changes to the service

We may modify, suspend or discontinue the Platform or individual features at any time.

§ 19 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.

§ 20 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 established in the European Union and qualify as a consumer under applicable law, mandatory consumer protection provisions of your country of residence remain unaffected.

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

§ 21 Versioning and changes to these Terms

(1) Version identifier. These Terms carry a version identifier (see the header). The Platform records your acceptance together with the version identifier and a timestamp; you can view the version you accepted in your coach account and download it as a PDF.

(2) Material changes. Material changes will be shown to you via the Platform with reasonable advance notice and take effect only once you have re-accepted them in the Platform. Until re-acceptance, client-related features may be restricted.

(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.

(4) Other documents. For the Agreement, the corresponding provision in § 1(4) of the Agreement applies; for the privacy policies, the rules set out therein apply.

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

§ 22 Severability

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

§ 23 Entire agreement

(1) These Terms, together with the Joint Controller Agreement and the coach privacy policy, constitute the entire agreement between you and Gain. Fitness GmbH regarding the use of the Platform.

(2) On data protection matters, the Agreement prevails over these Terms (§ 15(1) of the Agreement).

§ 24 Contact

Gain. Fitness GmbH
Kelchweg 3
8048 Zurich
Switzerland

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

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

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