Terms and Conditions

1. Definitions

• User: any natural person who uses the Service.
• Account: a personal or business account within Gainz.
• Content: all data entered by Users, including workouts, performance data, notes and media.
• Subscription: a paid form of access to (parts of) the Service.
• Athlete: user who purchases coaching services from a coach/company.
• Coach: user who provides services to athletes via Gainz Coach.
• Company: legal entity that uses Gainz Coach and/or provides services via Gainz.
• Payment Functionality: payment functionality via Mollie, including Mollie Connect.
• Mollie: Mollie B.V. and/or its affiliated entities, the payment service provider that handles the technical processing of payments.
• R. Bell Beheer BV: R. Bell Beheer BV, a company established in the Netherlands that provides the EU payment processing account used for the technical processing of payments via Mollie on behalf of the Gainz platform.

2. Access and use

• The Service is intended for users aged 16 and older.
• You are responsible for accurate and up-to-date account information and for keeping your login credentials confidential.
• It is not permitted to misuse, manipulate, apply automated access, perform reverse engineering or use the Service for unlawful purposes.
• Gainz reserves the right to restrict access or terminate accounts in case of misuse.

3. Health and medical disclaimer

• Gainz does not provide medical advice. All information about training, health and performance is intended solely for informational and supportive purposes.
• You remain solely responsible for your health, the performance of exercises and consulting a doctor or medical professional when necessary.
• Use of the Service is entirely at your own risk.

4. User content

• All Content you enter remains your property.
• By uploading Content, you grant Gainz a non-exclusive, worldwide license to technically host, process, display and use that Content for delivering, maintaining and improving the Service, including analytics and statistics, anonymized where possible.
• You guarantee that your Content does not infringe on third-party rights and does not contain unlawful or harmful content.
• Content may include progress photos, training videos, audio recordings and other training-related media ("Media Content"). Media Content is only visible to the user themselves and, where applicable, coaches or companies to which the user is actively connected within the Service.
• Gainz does not actively monitor Content but reserves the right to remove Content or restrict access to it if it violates these Terms, applicable law or third-party rights.

5. Coach–athlete relationship

• Gainz solely facilitates the platform.
• Coaches are themselves responsible for their services, advice, programs and guidance, as well as compliance with applicable laws and regulations.
• Coaches are independently responsible for the use of Content and personal data shared with them by athletes via the Service.
• Gainz is not a party to agreements between coach and athlete. Gainz acts solely as a technical platform and technical facilitator of payments and is not a provider of coaching services.
• Where payments are facilitated through the platform, the coach or company remains the merchant of record for coaching services and the contractual provider of those services.

6. Intellectual property

• All rights to the software, design, functionalities, texts and databases of Gainz rest with Gainz or its licensors.
• Nothing in these Terms grants Users ownership rights to (parts of) the Service.

7. Subscriptions and payments to Gainz

• Companies and coaches can take out a paid subscription for access to Gainz Coach. These payments are made to Gainz, which in this situation is the seller.
• Subscription fees are automatically renewed unless cancelled in time. Subscriptions can be cancelled at any time via your account settings. The cancellation takes effect at the end of the current billing period. Already paid periods will not be partially refunded, unless legally required.
• For Gainz Coach subscriptions, refunds only occur if legally required or if Gainz explicitly confirms this in writing.
• Gainz reserves the right to change prices and functionalities. Material changes will be communicated in advance.

8. Payments between clients and coaches via Mollie Connect

Gainz facilitates payments between clients and coaches/companies via Mollie Connect (the "Payment Functionality"). For technical reasons related to EU payment regulations, payments may be processed through a Mollie account operated by R. Bell Beheer BV (Netherlands). R. Bell Beheer BV acts solely as a technical payment processing entity and does not provide coaching services or act as merchant of record for coaching services.

When a client makes a payment:

• the client enters into an agreement with the coach or company;
• the coach or company is the merchant of record and the contractual provider of the coaching service;
• the coach or company is responsible for delivery of the service, refunds/cancellations, taxes and disputes.

• Gainz is not a party to this agreement and is not liable for the performance of services by coaches/companies.
• Refunds, cancellations and compensation related to services of coaches/companies are handled exclusively by the coach or company itself. Gainz cannot execute or enforce refunds on behalf of coaches or companies.
• Disputes about coaching services, payments and/or chargebacks should primarily be resolved between client and coach/company. If a chargeback or payment dispute is initiated through the payment method, it is handled according to the procedures of the relevant payment provider.
• Users are encouraged to contact the relevant coach or company first with questions or complaints about coaching services before initiating a payment dispute or chargeback.
• Mollie is solely responsible for the technical processing of payments and may impose additional requirements, including verification of identity, business details and bank account (KYC).
• For use of the Payment Functionality, Mollie's terms also apply, including the Mollie User Agreement and other applicable terms. By using the Payment Functionality, you agree to these terms. The current terms are available at https://www.mollie.com/legal/user-agreement.

8A. Suspension of payment functionality

Gainz may suspend, restrict, modify or terminate access to the Payment Functionality and/or (parts of) the Service if necessary due to legal requirements, requests or policies of Mollie, (suspicion of) fraud or misuse, or violation of these Terms.

9. Availability and changes

• Gainz aims for high availability of the Service, but does not guarantee error-free or uninterrupted operation.
• Gainz may change, add or remove features and temporarily interrupt the Service for maintenance.

10. Liability

• Gainz is not liable for indirect damages, data loss, consequential damages or missed results.
• Gainz is not liable for payments, refunds, chargebacks or disputes arising from services provided by coaches via the platform.
• Gainz is not responsible for the accuracy, legality or suitability of Content uploaded or shared by users, coaches or companies via the Service.
• Gainz's total liability is limited to the amount you paid in the last 12 months, or €50 if no payment has been made.

11. Force majeure

Gainz is not liable for shortcomings resulting from force majeure, including disruptions at Mollie, cloud providers, telecom, electricity, government measures or other circumstances beyond its reasonable control.

12. Indemnification by coaches

Coaches indemnify Gainz from all claims, damages, fines and costs arising from:

• services provided by them;
• violation of laws and regulations;
• client claims;
• tax obligations;
• payment disputes.

13. Export control / sanctions law

Users declare not to use the Service in violation of applicable sanctions law or export control legislation of the United States, the EU or other competent authorities.

14. Termination

• You can delete your account at any time via settings > edit profile > delete account.
• Gainz may terminate accounts upon violation of these Terms or if legally required.
• Data will be processed after termination in accordance with the Privacy Policy.

15. Privacy

• The processing of personal data takes place in accordance with Gainz's Privacy Policy, which forms an integral part of these Terms.
• By agreeing to these Terms, you declare to have taken note of the Privacy Policy.

16. Applicable law and disputes

• These Terms are governed by the law of the state of Delaware (United States), to the extent that mandatory local law does not provide otherwise.
• Disputes are submitted exclusively to the competent court.
• To the extent that mandatory consumer law applies in the country where the user resides, those mandatory provisions take precedence over these Terms.

17. Changes

In the event of material changes to these Terms, Gainz will request acceptance again.

18. Contact

For questions about these Terms, please contact:

Email: support@gainz.me