Introduction
These Terms of Service (“Terms”) govern your access to and use of the Gainly mobile application, website, content, and related services (collectively, the “Service”). The Service is operated personally by Jakob Drist Fisker in Denmark (“Gainly,” “we,” “us,” or “our”).
By creating an account, using the Service, or purchasing a subscription, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, you must not use the Service. If you use Gainly for a child, you confirm that you are authorized to accept these Terms for that child.
Eligibility and Children
You must be at least 9 years old to use Gainly. Users below the age at which they may legally consent to online data processing or enter into these Terms must have a parent or legal guardian review and accept these Terms, authorize the account, provide any required consent, and supervise use of the Service.
In Denmark, users aged 9 through 14 require authorization and consent from a parent or legal guardian for consent-based personal-data processing by Gainly. Different requirements may apply where you live. A parent or guardian who authorizes a child's account is responsible for the child's use of the Service and for ensuring that training, nutrition, and AI features are appropriate for the child.
Subscriptions may only be purchased by someone legally permitted to make the purchase through Apple. If you do not meet the applicable requirements, do not create an account or use the Service.
Your Account
You agree to provide accurate and current information, use only your own account, keep your sign-in method and device secure, and promptly notify us if you suspect unauthorized access. You are responsible for activity through your account unless it results from Gainly's failure to use reasonable security measures. Accounts may not be sold, rented, transferred, or shared in a way that compromises security.
The Gainly Service
Gainly provides tools for workout planning and tracking, exercise discovery, nutrition and weight logging, progress monitoring, statistics, reminders, and AI-assisted fitness guidance. Some features require an account, internet connection, compatible device, device permission, supported operating system, or paid subscription.
Gainly may calculate targets, estimates, trends, or suggestions from information you provide. Results depend on the completeness and accuracy of that information. Features and limits may vary by device, country, app version, subscription, and provider availability.
Artificial Intelligence Features
Parts of Gainly use artificial intelligence to provide coaching conversations, workout programs, food estimates, voice interactions, transcriptions, exercise recognition, conversation titles, and limited in-app assistance. AI output is generated automatically, may vary between requests, and may be inaccurate, incomplete, outdated, biased, or unsuitable for your personal circumstances.
By creating an account, you consent to Gainly offering AI-powered functions and to the processing described in the Privacy Policy. By actively submitting a prompt, image, recording, or other information to an AI feature, you ask Gainly to transmit the information needed to external infrastructure and AI providers. Gainly does not have separate direct agreements guaranteeing that those providers will never use submitted information to improve or train their systems.
You are responsible for reviewing AI-generated content before acting on it. Gainly will not intentionally perform a data-changing AI action such as logging food or creating a program unless the feature is designed to do so and you request or approve the action. You remain responsible for checking every generated or saved result.
Health, Fitness, and Nutrition Disclaimer
Gainly is a general fitness and wellness tool. It is not a healthcare provider and does not provide medical advice, diagnosis, treatment, emergency assistance, professional nutrition counseling, physiotherapy, or personal training services. No doctor-patient, dietitian-client, therapist-client, or trainer-client relationship is created by your use of the Service.
Calorie and macronutrient targets, food identification, exercise recognition, training suggestions, progress estimates, and AI responses are approximations. They may be wrong and should not be used to diagnose, prevent, or treat a medical condition.
- Consult a qualified professional before beginning or materially changing a workout, diet, recovery, or weight-management plan.
- Use equipment correctly and choose exercises, loads, foods, and goals appropriate for your health, experience, and environment.
- Stop exercising and seek appropriate help if you experience pain, dizziness, breathing difficulty, faintness, or other concerning symptoms.
- Do not disregard professional advice because of information provided by Gainly or its AI features.
- For an emergency, contact your local emergency service immediately. Gainly does not monitor emergency communications.
Your Content
You retain ownership of prompts, messages, workout information, nutrition entries, images, audio, feedback, and other content you submit (“User Content”). You grant Gainly a limited, non-exclusive, worldwide license to host, store, reproduce, transmit, modify for technical formatting, and process User Content only as reasonably necessary to operate, secure, support, and improve the Service and provide the features you request.
You confirm that you have the rights and permissions needed to submit User Content. Do not upload another person's private, health, copyrighted, or confidential information without authorization. You are responsible for User Content and for the consequences of sharing it with Gainly and external providers through an AI feature.
Device Permissions and Third-Party Accounts
Optional features may require camera, photo-library, microphone, media, or notification permission. You control these permissions through your device. If you use Apple or Google sign-in, or make a purchase through Apple, your relationship with that provider is also governed by its terms and privacy policy.
Subscriptions, Trials, and Billing
Paid Gainly subscriptions are currently offered only through the Apple App Store. Available plans, prices, billing periods, taxes, trial terms, feature limits, and renewal information are shown before purchase. By confirming a purchase, you authorize Apple to charge your Apple account according to the terms displayed at checkout.
Subscriptions automatically renew unless you cancel them through your Apple account before the renewal deadline shown by Apple. If a free or discounted trial is offered, it converts to the paid subscription displayed at checkout unless cancelled before the trial ends. You can manage or cancel a subscription in your device's Apple ID subscription settings. Cancellation takes effect at the end of the current paid period unless Apple states otherwise.
Apple processes payments and decides refund requests under its own rules. Gainly does not receive your complete payment-card details and cannot directly cancel or refund an App Store transaction. Deleting the app or your Gainly account does not cancel an Apple subscription; you must cancel it separately through Apple. If you delete your Gainly account while subscribed, your Gainly data is permanently deleted and may not be recoverable even if Apple continues billing.
Apple's Standard Licensed Application End User License Agreementalso applies to the iOS application. Nothing in these Terms limits mandatory consumer rights.
Acceptable Use
You may not:
- use the Service unlawfully or to harm, harass, deceive, exploit, or endanger another person;
- submit illegal, infringing, malicious, deceptive, or unauthorized content;
- attempt to access another account or non-public system, bypass security, evade usage limits, or interfere with the Service;
- introduce malware, scrape the Service, or use automated systems in a way that overloads or disrupts it;
- reverse engineer, decompile, copy, sell, sublicense, or commercially exploit the Service except where applicable law expressly permits it;
- use AI features to generate unlawful or harmful content or misrepresent AI output as medical or other professional advice; or
- use Gainly to make decisions about another person without their knowledge or authorization.
Gainly Intellectual Property
The Service, including its software, design, branding, interfaces, text, graphics, exercise library, and non-user content, is owned by Gainly or its licensors and is protected by applicable intellectual property laws. Subject to these Terms, Gainly grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Service for its intended non-commercial purpose. No other rights are transferred to you.
Feedback
If you send ideas, suggestions, or feature requests, you allow Gainly to use them without restriction or compensation. This does not give Gainly ownership of personal information or other User Content you submit through the Service.
Third-Party Services
Gainly relies on third parties for authentication, cloud hosting, storage, email, subscriptions, app distribution, and AI processing. The Service may also link to third-party websites or content. Those services are governed by their own terms and policies, and Gainly is not responsible for third-party systems or conduct outside our reasonable control.
Beta Features and Service Changes
Features identified as beta, preview, experimental, or early access may be incomplete, unavailable, or changed without notice. Gainly may add, modify, limit, suspend, or discontinue features as the product develops. Where reasonably possible, we will give notice before a change materially reduces a paid feature during an active subscription, unless immediate action is needed for security, legal, or technical reasons.
Availability
We work to keep Gainly secure and available, but do not guarantee uninterrupted, error-free, or permanent operation. Maintenance, internet or provider outages, device compatibility, capacity limits, security incidents, and legal requirements may affect the Service. You should keep your own record of information that is important to you where the Service provides a reasonable way to do so.
Suspension, Termination, and Account Deletion
You may stop using Gainly or delete your account at any time. A successful account deletion immediately and permanently deletes your Gainly profile and associated data from Gainly's active Supabase systems. Deleted data cannot be restored. Information already transmitted to an independent third party may remain subject to that provider's retention policy.
We may restrict, suspend, or terminate access if you materially or repeatedly breach these Terms, misuse the Service, create a security or legal risk, fail to meet eligibility requirements, or fail to pay applicable fees. Where reasonable and lawful, we will provide notice and an opportunity to remedy the issue.
Disclaimers
To the extent permitted by law, Gainly is provided “as is” and “as available.” We do not guarantee that fitness, nutrition, progress, or AI content will be accurate, complete, safe for every person, or fit for a particular purpose. You remain responsible for your exercise, nutrition, equipment, health, and purchasing decisions.
We do not exclude warranties, remedies, or protections that cannot lawfully be excluded under applicable consumer law.
Limitation of Liability
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence where applicable, or mandatory consumer protections.
Otherwise, to the maximum extent permitted by law, Gainly is not liable for indirect, incidental, special, or unforeseeable losses, or for losses caused by inaccurate user information, AI output, third-party services, unsupported devices, or conduct outside Gainly's reasonable control. For losses connected with a paid subscription, Gainly's aggregate liability will not exceed the amount paid for Gainly through Apple during the 12 months before the event giving rise to the claim, unless applicable law requires a different result.
Governing Law and Disputes
These Terms are governed by Danish law, without depriving you of mandatory protections that apply in your country of residence. We encourage you to contact us first so we can try to resolve a concern informally. Danish courts have jurisdiction unless applicable consumer law allows or requires you to bring a claim elsewhere.
Changes to These Terms
We may update these Terms to reflect changes to the Service, providers, subscriptions, or law. The updated date will appear above. We will provide additional in-app, website, or email notice before a material change takes effect where required. If you do not accept an updated version, you must stop using the Service and may delete your account.
Contact
Gainly is personally operated by Jakob Drist Fisker in Denmark. Questions, complaints, or legal notices concerning these Terms can be sent to support@goalit.app.