Welcome to Gains Insights. These Terms of Service ("Terms") govern your use of the Gains Insights platform and services (the "Service") operated by Gains Insights ("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using our Service, you agree to these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Service
Gains Insights provides a B2B software-as-a-service platform for market research, brand intelligence, and AI-powered content generation. The Service includes:
Analytics dashboards and reporting tools
AI-powered content generation features
Voice AI agent deployment and management
API access for integrations
Data storage and processing
3. Account Registration
To use the Service, you must:
Provide accurate and complete registration information
Maintain the security of your account credentials
Promptly notify us of any unauthorized access
Be at least 18 years old or have parental consent
You are responsible for all activities that occur under your account.
4. Subscription and Payment
4.1 Billing
Subscription fees are billed monthly in advance
Credit pack purchases are one-time payments
All fees are in US dollars and non-refundable except as required by law
4.2 Credit System
Subscription credits reset at the beginning of each billing cycle
Purchased credit packs do not expire and roll over indefinitely
Credits are consumed when using AI-powered features
Credit usage is tracked and visible in your dashboard
4.3 Plan Changes
Upgrades take effect immediately with prorated billing
Downgrades take effect at the next billing cycle
Cancelled accounts retain access until the end of the billing period
5. Acceptable Use
You agree NOT to:
Use the Service for any illegal purpose
Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit malware, viruses, or harmful code
Attempt to gain unauthorized access to our systems
Use the Service to harass, abuse, or harm others
Generate content that is illegal, harmful, or violates third-party rights
Resell or redistribute the Service without authorization
Circumvent usage limits or credit systems
6. Intellectual Property
6.1 Our Property
The Service, including all software, designs, and content created by us, remains our property or that of our licensors.
6.2 Your Content
You retain ownership of content you upload to the Service. By uploading content, you grant us a license to process and store it for providing the Service.
6.3 Generated Content
Content generated using our AI tools is yours to use, subject to:
Compliance with these Terms
Any applicable third-party licenses
Proper attribution where required
7. Data and Privacy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your data.
8. Service Availability
We strive for high availability but do not guarantee uninterrupted access. We may:
Perform scheduled maintenance with reasonable notice
Suspend service for emergency maintenance
Modify or discontinue features with notice
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU PAID IN THE PAST 12 MONTHS
10. Indemnification
You agree to indemnify and hold us harmless from claims arising from:
Your use of the Service
Your violation of these Terms
Your content uploaded to the Service
Your violation of any third-party rights
11. Termination
11.1 By You
You may cancel your subscription at any time through your account settings.
11.2 By Us
We may suspend or terminate your account for:
Violation of these Terms
Non-payment of fees
Fraudulent or illegal activity
Extended inactivity
11.3 Effect of Termination
Upon termination:
Access to the Service will end
Your data may be deleted after a reasonable retention period
Unused credits are forfeited
12. Modifications
We may modify these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use after changes constitutes acceptance.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
14. Dispute Resolution
Any disputes will be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.
15. General Provisions
Entire Agreement: These Terms constitute the entire agreement between you and us
Severability: If any provision is unenforceable, the remainder stays in effect
Waiver: Failure to enforce a right does not waive that right
Assignment: You may not assign these Terms without our consent