1. General
1.1. Scope and subject matter of the contract
These General Terms and Conditions (hereinafter: GTC) set out the legal framework for the use of the Gains App, unless otherwise agreed.
GAINS COACH PTY LTD (hereinafter: App) is a strength training app designed to generate personalized workout plans tailored to your individual requirements and preferences. Our App offers a range of features, including recommendations for your progression, as well as the capability to log and assess your workout sessions.
You may only use the app if you are over 18 years old.
The contract language is English.
1.2. Provider
Provider of the app is:
GAINS COACH PTY LTD
Australia
2. Services
2.1. Free and paid services
You have the option to use our app in either the free basic version or the paid Pro version. The basic version offers limited functionality, being able to only log a limited number of workouts. The pro version grants you unlimited logs and access to all features.
For a detailed breakdown of the services included in both the basic and Pro versions, please refer to the app description in either the Apple App Store (hereinafter referred to as the "App Store") or the Google Play Store (hereinafter referred to as the "Play Store") at the time you subscribe to the service.
2.2. Changes in the scope of services
You do not have the authority to request specific content to be included in the app. However, we reserve the right to make reasonable changes to the app's services, taking your interests into consideration.
3. Conclusion of the contract
3.1. App download
To begin, you must download the app from either the App Store or the Play Store.
3.2. Basic version
In order to use the basic version you’ll have to register, accepting our GTC and privacy policy.
Upon choosing to register, you will be required to provide your email address and select a password of your preference. Click on the "Sign up" button to proceed. Following this, you will receive an email from us. Your registration will be finalized when you click on the "Confirm registration" link within that email, and a successful confirmation message is displayed in your browser.
3.3. Pro version
You can purchase the Pro version as part of a subscription. To purchasethe Pro version, you can click on content marked as paid in the app.
You have the option to select either a one-month or a twelve-month initial term subscription. Upon choosing a subscription in the app, you will be redirected to the App Store or Play Store, where you will typically need to confirm the purchase with your App Store or Play Store password. This confirmation finalizes the paid contract for the Pro version usage.
4. Your obligations
4.1. Health requirements
You acknowledge that using the app is at your own risk, and it is essential to have a generally good state of health. If you have any known pre-existing medical conditions, it is crucial to consult with a doctor to determine if the app's training is suitable for your physical condition. This is especially important if you have experienced or are currently dealing with any of the following medical conditions/procedures/diseases:
(1) Joint problems
(2) Surgical procedures
(3) Cardiovascular diseases
(4) Neuromuscular conditions
(5) Asthma or other pulmonary/respiratory diseases
(6) Other health limitations.
For women, it is advised not to use the app while pregnant or breastfeeding.
Please be aware that the app's contents are not intended as medical advice and should not replace any medical treatment or advice.
You are responsible for evaluating the suitability of the provided training content based on your individual health and physical conditions. It is crucial to listen to your body. If you experience joint pain during an exercise, for instance, it is advisable to omit or replace that exercise with a comparable one that does not cause discomfort. Similarly, if the recommended weight or number of repetitions seems too challenging, you should adjust the parameters to match your abilities. When approaching muscle failure, it is recommended to do so only with the supervision of a competent spotter or training partner who can assist you if needed.
4.2. Basis of Training Methods
We strive to align the app's content with the latest findings in sports science. However, as these findings are continuously evolving, we cannot guarantee that the app's content will always reflect the most current sports science research.
4.3. Usage Rights
We hold the rights to the copyrighted or otherwise protected content within the app. As a user, you are granted a simple and non-transferable right to use this protected content solely for personal use, in accordance with the terms of the contract. It is not permitted to share your access credentials with third parties.
4.4. Responsibilities of Conduct
You are obliged to refrain from any actions that may impair the functionality of the app. This includes, for instance, the usage of scripts that access the app.
4.5. Updating Your Information
If there are any changes to your contract-related data (such as name, address, or email address), you must notify us promptly.
5. User Fees
5.1. Fee Amount
Upon entering into a contract, the prevailing prices at that time apply. You can find the current pricing overview in the app description on the App Store or Play Store.
5.2. Payment Due Date
For a monthly subscription, payment is due immediately in advance at the start of each billing month.
For a twelve-month subscription, payment is due immediately in advance at the beginning of each billing year.
The initial billing period commences on the day you subscribe and enter into the contract.
6. Contract Termination
6.1. Account Deletion
You have the option to request the deletion of your account at any time by sending an informal email to aaron@getgains.fit.
6.2. Contract Duration and Termination
Your subscription will automatically renew for an additional month for a monthly subscription or an additional year for a twelve-month subscription if you do not cancel your subscription in the App Store settings at least 24 hours before the contract expires or no later than the last day of the contract term in the Play Store.
Upon valid termination, your subscription remains active until the end of the contract, allowing you to continue using the Pro version during this period.
6.3. Termination for Cause
Both parties retain the right to terminate the contract for cause, which is not affected by the provisions mentioned above. For instance, we reserve the right to delete your account if you repeatedly or significantly violate these terms and conditions or fail to make payment despite receiving a reminder.
7. Privacy
When utilizing the app, we process your personal data in accordance with our privacy policy. This policy outlines the nature and extent of data collection and details how we use your information.
8. Liability
8.1. General
To mitigate health or injury risks, you must follow the training instructions in the app only if you are physically fit and in good health (refer to section 4.1.).
It is your responsibility to ensure the proper functioning of any equipment or aid used, such as a machine or barbell.
8.2. Liability for Free Content
For free content usage of the app, we are only liable for damages resulting from intentional acts and gross negligence or the absence of a guaranteed feature, irrespective of the legal reason.
In cases of intentional acts, we are liable without limitations. If gross negligence is evident, or if a guaranteed feature is lacking, our liability is limited to the typical, foreseeable damage. Otherwise, our liability is excluded.
8.3. Liability for Paid Content
For paid content usage of the app, we are liable without limitations for damages due to intentional acts and gross negligence or the absence of a guaranteed feature, regardless of the legal reason.
Our liability is limited to the typical, foreseeable damage if we slightly negligently breach an essential contractual obligation. "Essential" obligations are those necessary for fulfilling contractual purposes, and where you, as a consumer, can or could rely on their fulfillment.
Our liability remains unaffected for injuries to body, life, or health for which we are responsible. Otherwise, our liability is excluded.
8.4. Liability of Our Employees
The limitations or exclusions of liability mentioned above apply equally to our agents and employees.
8.5. Product Liability
The aforementioned limitations or exclusions of liability do not affect claims under the Product Liability Act.
8.6. No Guarantee for Achieving Training Goals
We do not guarantee that you will achieve your training goals by using the app. Training results can be influenced by uncontrollable factors, such as genetic makeup, and may vary among different users, even if using the app similarly.
8.7. Legal Provisions for Claims Based on Defective Performance
The statutory provisions for claims based on defective performance apply, and your rights as a consumer remain unaffected in any case.
9. Final Provisions
9.1. Applicable Law
These General Terms and Conditions (GTC) and all legal relationships between you and us are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2. Jurisdiction
If you do not have a general place of jurisdiction in Germany or another EU member state, or if you have changed your permanent residence to a country outside the EU after these General Terms and Conditions have taken effect, or if your place of residence or usual abode is unknown at the time legal action is taken, our place of business shall be the exclusive jurisdiction for all disputes arising from this contract.
9.3. Contract Language
The language used in this contract is English.
9.4. Non-Participation in Consumer Dispute Resolution Proceedings
The EU Commission provides an online platform for out-of-court dispute resolution, enabling you to settle disputes related to your online order without going to court.
You can access the dispute resolution platform here: https://ec.europa.eu/consumers/odr
However, we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
9.5. Changes to Our GTC
We reserve the right to modify our General Terms and Conditions for future effectiveness if the changes are reasonable and consider your interests. Prior to implementation, we will provide you with advance notice regarding the nature and extent of the changes, giving you the opportunity to object to these modifications within a reasonable timeframe. Additionally, we will inform you that the changes will become effective in the absence of any objections.