Terms of Service
Last Updated: November 10, 2025
1. Acceptance of Terms
Welcome to Gains, operated by Gains Insights LLC. By accessing or using the Gains mobile application ("App"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the App.
Gains is a lifestyle improvement application designed to help you track and improve your health, wealth, and personal development.
2. Description of Service
Gains provides a comprehensive platform for personal growth, including:
- Health Tracking: Monitor fitness activities, nutrition, sleep, and wellness metrics
- Financial Tracking: Track expenses, budgets, and financial goals
- Personal Development: Set and achieve life goals across multiple domains
- AI-Powered Insights: Receive personalized recommendations powered by artificial intelligence
- Social Features: Connect with friends, share progress, and participate in challenges
- Optional Feedback Features: Voluntarily provide feedback to help improve the app
The App uses various technologies, including artificial intelligence, to provide personalized experiences. Your use of the App is governed by these Terms and our Privacy Policy.
3. Age Requirements & Eligibility
Age Restriction: You must be at least 13 years old to use Gains. If you are under 18, you must have permission from a parent or guardian to use the App.
Account Eligibility: By creating an account, you represent that:
- You meet the age requirements
- You have the legal capacity to enter into these Terms
- You are not prohibited from using the service under applicable law
- You will provide accurate and truthful information
4. User Accounts
To use Gains, you must create a user account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Providing accurate and complete information
- Updating your information to keep it current
- Notifying us immediately of any unauthorized access
You may not share your account with others or allow others to access your account. We reserve the right to terminate accounts that violate these Terms.
5. Subscription & Payment Terms
5.1 Subscription Plans
Gains offers premium subscription plans with enhanced features. Subscription details include:
- Monthly Subscription: Billed monthly
- Annual Subscription: Billed annually with savings
- Features: Access to premium AI features, advanced analytics, unlimited tracking
5.2 Payment Processing
All payments are processed securely through Google Play Billing. By purchasing a subscription, you agree to:
- Pay the subscription fees as displayed at purchase
- Automatic renewal until you cancel
- Google Play's payment terms and policies
5.3 Subscription Management & Cancellation
How to Cancel:
- Open Google Play Store on your device
- Go to Menu → Subscriptions → Gains
- Select "Cancel Subscription"
Cancellation Policy:
- You can cancel anytime before the next billing cycle
- Access continues until the end of the current billing period
- No refunds for partial periods unless required by law
- Cancellation takes effect at the end of the current subscription period
5.4 Refund Policy
Refunds are handled according to Google Play's refund policy. Generally:
- Refunds within 48 hours of purchase may be available through Google Play
- Contact Google Play customer support for refund requests
- We may offer refunds at our discretion for exceptional circumstances
- Annual subscriptions are non-refundable after 14 days
For refund inquiries beyond Google Play's policy, contact support@gainsinsights.com.
5.5 Price Changes
We may change subscription prices with 30 days' notice. Changes apply to new subscribers immediately and to existing subscribers at their next renewal. You can cancel before the price change takes effect.
5.6 Free Trial (If Applicable)
If a free trial is offered:
- You will be charged at the end of the trial unless you cancel
- Cancel during the trial to avoid charges
- One trial per user
- We reserve the right to modify or discontinue trials
6. In-App Purchases & Virtual Goods
6.1 Credits & Virtual Currency
Gains may offer virtual currency ("Credits") for purchase. Important terms:
- No Cash Value: Credits have no cash value and cannot be exchanged for money
- Non-Transferable: Credits cannot be transferred to other users
- Non-Refundable: Credit purchases are final and non-refundable
- Usage: Credits are used for premium AI interactions and app features
- Expiration: Credits may expire if unused for extended periods (with notice)
6.2 Prize Wheel & Chance Mechanics
The App includes a prize wheel feature for earning free credits:
- Entertainment Only: For entertainment purposes only
- No Purchase Required: No purchase necessary to spin
- Eligibility: Available to users with low credit balances (designed to help users who are running low)
- Odds Disclosed: Probability of winning each prize level is displayed
- No Gambling: This is not gambling - credits have no cash value
6.3 Account Termination & Virtual Goods
If your account is terminated (by you or us), all Credits and virtual goods are forfeited with no refund.
7. Artificial Intelligence & Machine Learning
Gains extensively uses artificial intelligence (AI) and machine learning (ML) technologies to provide personalized features:
7.1 AI Services We Use
- OpenAI: Powers conversational AI and personalized insights
- Google Gemini: Provides recommendations and data analysis
- ElevenLabs: Enables AI voice conversations and audio processing
7.2 AI Data Processing
By using AI features, you acknowledge and consent that:
- Your data may be processed by third-party AI service providers
- We share only the context necessary for AI responses (e.g., recent activities, goals)
- We have implemented safeguards to protect your privacy
- We do not permit third-party AI providers to train commercial models on your personal data
- AI-generated content is provided for informational purposes only
7.3 AI Disclaimers
Important AI Limitations:
- AI recommendations are not professional advice
- Health insights are not medical advice - consult healthcare professionals
- Financial suggestions are not financial advice - consult financial advisors
- AI may make errors or provide inaccurate information
- Always verify critical information independently
7.4 Artificial Personas
Gains includes Artificial Personas - AI-generated social content and voice interactions:
- Clearly Labeled: All synthetic content is marked as "Artificial Persona"
- Not Real People: These are AI-generated characters, not actual users
- Entertainment Purpose: Designed for engagement and entertainment
- Disclaimers Shown: "AI-powered for entertainment & informational purposes only"
- Your Choice: Interaction with Artificial Personas is optional
8. Enterprise Features & Communication
Gains includes enterprise features for business customers and partners:
8.1 Enterprise Chat
- What It Is: A support feature deployed by Gains to provide application assistance and gather user feedback
- Purpose: Offer direct support for the application and learn more about how the app can be improved
- How It Works: Connect with Gains support team to resolve issues, ask questions, and share feedback about your experience
- Your Data: Conversations are used for support purposes and app improvement, kept confidential, and not sold to third parties
- Privacy: All communications follow our Privacy Policy and are used solely to enhance your experience
8.2 Third-Party Research Tools (If Deployed)
If we ever deploy third-party research tools:
- They will be clearly labeled with the vendor name
- Participation will be completely opt-in
- We will explain how data may be used
- You can choose not to participate
Current Status: No third-party research tools are currently deployed.
9. User Data & Privacy
Your privacy is critically important to us. By using Gains, you agree to our data practices as described in our Privacy Policy.
Key Privacy Commitments:
- Your personal health, wealth, and lifestyle data is never sold to third parties
- You can delete your data at any time in Settings → Account → Delete My Account
- We only use your data to provide and improve your personal experience
- Enterprise Chat is available for support and feedback to improve the app
10. User Content & Data Ownership
You retain ownership of all content you submit to the App ("User Content"), including:
- Photos, videos, and media you upload
- Health and fitness data you track
- Financial information you enter
- Messages and social posts you create
10.1 License to Gains
By submitting User Content, you grant Gains a limited license to:
- Store and process your content to provide app features
- Use anonymized, aggregated data to improve the app
- Display your content within the app (e.g., social posts to your friends)
Important: This license is for providing the app service only. We do not use your personal content to train third-party AI models or for commercial purposes beyond app operation.
10.2 Data Deletion
You can delete your content and account at any time. Upon deletion:
- Your personal data is removed from active systems within 30 days
- Some data may be retained in backups for up to 90 days
- Anonymized analytics data (no personally identifiable info) may be retained
- Legal records required by law may be retained
11. Health & Financial Disclaimers
IMPORTANT: Gains is NOT a substitute for professional advice.
11.1 Health & Medical Disclaimer
The health tracking and AI recommendations in Gains are for informational purposes only and are NOT:
- Medical advice, diagnosis, or treatment
- A replacement for consultation with healthcare professionals
- Intended to prevent, cure, or treat any disease or condition
- Suitable for medical emergencies (call emergency services)
Always consult qualified healthcare providers before making health decisions, starting exercise programs, or changing medications.
11.2 Financial Disclaimer
Financial tracking and AI suggestions in Gains are for informational purposes only and are NOT:
- Financial advice or investment recommendations
- Tax, legal, or accounting advice
- A replacement for consultation with financial professionals
- Guaranteed to produce specific financial results
Always consult qualified financial advisors before making financial decisions or investments.
11.3 No Warranty of Accuracy
We strive for accuracy but do not guarantee that health metrics, financial calculations, or AI recommendations are error-free. Use the App as a tool to support, not replace, professional guidance.
12. Prohibited Uses
You agree not to use the App to:
- Violate any applicable laws or regulations
- Infringe intellectual property rights of others
- Distribute malware, viruses, or harmful code
- Interfere with or disrupt the App or servers
- Collect other users' information without permission
- Impersonate others or provide false information
- Harass, abuse, or harm other users
- Attempt to reverse engineer or extract our AI models
- Use automated tools or bots to abuse AI features
- Generate harmful, illegal, or abusive content using AI
- Share or expose API keys or authentication credentials
- Attempt to bypass subscription or payment systems
- Use the App for commercial purposes without authorization
13. Account Termination
13.1 Termination by You
You may terminate your account at any time by:
- Going to Settings → Account → Delete My Account in the App
- Contacting support@gainsinsights.com
Upon account deletion, your data will be deleted as described in our Privacy Policy.
13.2 Termination by Gains
We may terminate or suspend your account immediately if you:
- Violate these Terms of Service
- Engage in prohibited activities
- Abuse the service or other users
- Provide false information
- Engage in fraudulent activity
Upon termination, your right to use the App ceases immediately. No refunds will be provided for paid subscriptions except as required by law.
14. Intellectual Property
All content, features, and functionality of Gains, including but not limited to:
- Software code and architecture
- User interface and design
- Text, graphics, logos, and images
- AI algorithms and machine learning models
- Proprietary data processing methods
Are owned by Gains Insights LLC or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not:
- Copy, modify, or distribute our content without permission
- Reverse engineer our software or AI models
- Remove copyright or proprietary notices
- Use our trademarks without authorization
15. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
To the fullest extent permitted by law, Gains disclaims all warranties, express or implied, including:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding accuracy, reliability, or completeness of content
- Warranties that the App will be uninterrupted, secure, or error-free
- Warranties regarding AI-generated content or recommendations
AI and machine learning features may contain errors or inaccuracies. We do not guarantee the accuracy, reliability, or suitability of AI-generated insights for any purpose.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAINS INSIGHTS LLC SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Personal injury or property damage arising from app use
- Errors or inaccuracies in AI-generated content or recommendations
- Decisions made based on health or financial information in the App
- Unauthorized access to your account or data
- Actions or content of third-party AI service providers
- Loss of virtual currency or in-app purchases due to account termination
MAXIMUM LIABILITY: Our total liability for all claims shall not exceed the amount you paid to Gains in the 12 months preceding the claim, or $100 USD, whichever is greater.
Some jurisdictions do not allow limitation of liability for personal injury or incidental damages, so these limitations may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Gains Insights LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorneys' fees) arising from:
- Your use or misuse of the App
- Your violation of these Terms
- Your User Content
- Your violation of any third-party rights
- Your violation of applicable laws
18. Changes to Terms
We may modify these Terms at any time. We will notify you of significant changes through:
- In-app notification
- Email to your registered address
- Prominent notice in the App
Your continued use of the App after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the App and may delete your account.
You can always view the current Terms at Settings → Legal → Terms of Service.
19. Governing Law & Dispute Resolution
19.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
19.2 Dispute Resolution
Before filing a legal claim, you agree to contact us at legal@gainsinsights.com to attempt to resolve the dispute informally.
19.3 Arbitration Agreement
Any disputes that cannot be resolved informally shall be resolved through binding arbitration, except:
- Small claims court actions
- Intellectual property disputes
- Claims seeking injunctive relief
You agree to waive your right to a jury trial or to participate in a class action lawsuit.
19.4 Jurisdiction
For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Delaware, United States.
20. Miscellaneous
20.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gains regarding the App.
20.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full effect.
20.3 No Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
20.4 Assignment
You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.
20.5 Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control.
20.6 Export Compliance
You may not use the App in violation of U.S. export laws or regulations.
21. Contact Information
Gains Insights LLC
For questions about these Terms:
We will respond to inquiries within 5 business days.
22. Acknowledgment
By using Gains, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. Thank you for being part of our community dedicated to health, wealth, and personal development! 🚀