Terms of Use — Coach Web Application
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 coach web application ("the Platform"). These Terms of Use ("Terms") govern your access to and use of the Platform as a coach.
By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
These Terms should be read together with our Privacy Policy.
The Platform is available by invitation only.
2. Eligibility
To use the Platform, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding agreement
- Possess a valid invite code
If you do not meet these requirements, you may not use the Platform.
3. Independent Contractor Relationship
Nothing in these Terms creates an employment, agency, partnership, joint venture, or franchise relationship between you and Gain.
You act at all times as an independent contractor.
You have no authority to bind Gain. Fitness GmbH, represent yourself as acting on behalf of Gain, or create obligations in our name.
4. Account Registration & Security
You are responsible for:
- Providing accurate and complete information
- Maintaining the confidentiality of your credentials
- All activity under your account
You may only maintain one account.
5. Description of the Service
The Platform is a software tool enabling coaches to manage clients, training plans, tracking, and communication.
Gain provides technology infrastructure only. We do not provide coaching services.
5.1 Client Management
You may access assigned client data solely for legitimate coaching purposes within the Platform.
Unauthorized export, disclosure, or misuse of client data is strictly prohibited.
5.2 Coaching Responsibility
All coaching advice, training plans, nutrition guidance, and feedback are your sole responsibility.
You are solely responsible for:
- The safety and suitability of your coaching advice
- Compliance with professional standards
- Entering into legally compliant agreements with your clients
Gain does not review, approve, or endorse your coaching practices.
6. Regulatory & Legal Compliance
You represent and warrant that:
- You comply with all applicable professional, licensing, regulatory, and consumer protection laws
- You hold required certifications or licenses
- You obtain all legally required consents from clients
This includes, where applicable:
- Explicit consent for processing health-related data
- Appropriate liability waivers and health disclaimers
- Required privacy disclosures
You are solely responsible for your compliance obligations.
7. Client Data & Confidentiality
7.1 Data Ownership
Client data belongs to the respective clients.
You do not acquire ownership rights to client data through use of the Platform.
Upon termination, your access to client data is immediately revoked.
7.2 Confidentiality Obligations
You agree to:
- Treat client data as strictly confidential
- Access data only as necessary for coaching
- Not export, copy, sell, or disclose client data
- Implement appropriate security measures on your devices
Breach may result in immediate termination.
7.3 Coach Content
You retain ownership of independently created content.
You grant Gain a non-exclusive, royalty-free license to use such content solely for operating and improving the Platform.
We are not obligated to retain your content after termination unless legally required.
8. Acceptable Use
You agree not to:
- Use the Platform unlawfully
- Misuse client data
- Reverse engineer or decompile the Platform
- Scrape or extract data
- Share login credentials
- Interfere with security or operations
We may suspend or terminate accounts for violations.
9. Health & Fitness Disclaimer
The Platform is not a medical device and does not provide medical advice.
You are solely responsible for:
- The safety of your coaching services
- Ensuring clients are medically cleared where appropriate
- The appropriateness of your guidance
Gain is not responsible for injury, illness, or adverse outcomes arising from coaching services delivered through the Platform.
10. Third-Party Services
The Platform may integrate third-party services.
We are not responsible for third-party content or availability.
11. Intellectual Property
The Platform and its underlying technology are owned by Gain. Fitness GmbH.
You are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform.
You may not imply endorsement or partnership with Gain without written authorization.
12. Fees
The Platform is currently provided free of charge.
We reserve the right to introduce subscription fees with reasonable prior notice.
13. Service Level & Availability
We do not provide any service level agreement (SLA) unless separately agreed in writing.
The Platform may experience downtime, maintenance, or interruptions.
We do not guarantee uninterrupted availability.
14. Account Suspension & Termination
We may suspend or terminate your account if you:
- Violate these Terms
- Breach confidentiality
- Fail to comply with applicable laws
- Create risk for clients or the Platform
Upon termination:
- Your access ceases immediately
- Access to client data is revoked
- We may delete your content after a reasonable retention period
Sections that by their nature should survive termination shall remain in effect.
15. Disclaimer of Warranties
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis.
We disclaim all warranties to the fullest extent permitted by law.
16. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect or consequential damages
- Our total aggregate liability shall not exceed CHF 0
This does not apply to gross negligence, fraud, or non-excludable liability.
17. Indemnification
You agree to indemnify and hold harmless Gain. Fitness GmbH from claims arising from:
- Your coaching services
- Your violation of these Terms
- Your regulatory non-compliance
- Your misuse of client data
- Claims brought by your clients
18. Service Changes
We may modify, suspend, or discontinue the Platform at any time.
19. Force Majeure
We are not liable for failure or delay caused by events beyond our reasonable control.
20. Governing Law & Jurisdiction
These Terms are governed by the laws of Switzerland.
Exclusive jurisdiction: Zurich, Switzerland.
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 shall remain unaffected.
21. Changes to These Terms
We may update these Terms from time to time.
Material changes will be communicated via the Platform.
Continued use after changes take effect constitutes acceptance.
22. Severability
If any provision is invalid, the remaining provisions remain in effect.
23. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement.
24. Contact
Gain. Fitness GmbH
Kelchweg 3
8048 Zurich
Switzerland