Terms & Conditions

These Terms and Conditions of Use (the “Terms of Use”) apply to the GAINS website located at gainsfitapp.com, the GAINS mobile app, and all related services operated by Ely Cohen Fitness Online Coaching LLC.

BY ACCESSING OUR WEBSITE, PURCHASING, AND/OR USING OUR PRODUCTS OR SERVICES IN ANY WAY, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Eligibility

You must be at least 18 years old or have explicit consent from a parent or guardian to use our services. You affirm that you are legally capable of entering into this agreement. If under 18, your parent or guardian assumes full responsibility for your actions and compliance.

License & Use

GAINS grants you a limited, revocable, non-transferable license to access and use the website and mobile app for personal, non-commercial purposes only. You agree not to use our services for unlawful purposes or in ways inconsistent with these Terms.

Content Ownership

All content, including text, graphics, logos, images, videos, software, workout plans, and written materials, is the exclusive intellectual property of Ely Cohen Fitness Online Coaching LLC. Unauthorized use, reproduction, distribution, modification, or display may result in legal action.

Medical Disclaimer

Our services and content are not substitutes for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before starting any fitness or nutritional program, especially if you have preexisting conditions or take medications.

Warranty Disclaimer

Our services and content are provided “as is” without warranties of any kind, either express or implied. Ely Cohen Fitness Online Coaching LLC disclaims any guarantees regarding outcomes, including but not limited to weight loss, muscle gain, or performance improvements.

Limitation of Liability

To the maximum extent permitted by law, Ely Cohen Fitness Online Coaching LLC will not be liable for injury, illness, loss of data, revenue, or indirect, incidental, punitive, or consequential damages resulting from use or inability to use our services, regardless of the legal theory.

Subscriptions & Billing

Coaching subscriptions renew automatically each billing cycle unless canceled before the next renewal date. If a payment cannot be processed, account access may be paused until billing is successfully updated. You are responsible for keeping your payment details accurate and up to date.

Refund Policy

We are fully confident in this program, which is why both the 3 month and 6 month coaching options come with the exact same 100% Results Guarantee: if you follow your coach’s plan, complete at least 90% of your protocol, and submit full proof through weekly check ins, weigh ins, measurements, progress photos, workout completion, step goals, macro targets, and meal guideline adherence, and you still do not reach the agreed progress milestones by the end of your program period, we will refund 100% of your investment because your result matters to us and we stand behind the standard we promise.

Termination & Suspension

GAINS reserves the right to terminate or suspend access at our discretion, including for:

  • Violation of these Terms

  • Failure to make required payments

  • Suspected fraud or misuse

No refunds will be granted upon termination due to breach.

Modifications

GAINS reserves the right to modify these Terms, services, or platform features without notice. Continued use after changes constitutes acceptance of those changes.

User Conduct

You agree not to:

  • Share login credentials

  • Resell or commercially exploit content or access

  • Scrape, copy, or misuse data or features

  • Attempt to bypass security mechanisms

Unauthorized use violates these Terms and may result in account suspension or legal action.

Testimonials & User Content

By submitting testimonials, feedback, or transformation content, you grant GAINS an irrevocable, royalty-free, worldwide license to use, edit, reproduce, and publicly display the content. You waive compensation or approval rights and represent that you own or control submitted content.

Indemnification

You agree to indemnify, defend, and hold harmless Ely Cohen Fitness Online Coaching LLC, its affiliates, staff, and representatives from claims, liabilities, damages, costs, and expenses (including attorney fees) arising from your use or breach of these Terms.

Privacy & Data

GAINS collects your information solely for communication and marketing purposes. Payment information is securely processed by trusted third-party providers like Stripe and never stored on GAINS servers. Data collection and protection follow our Privacy Policy.

Third-Party Tools

GAINS uses third-party platforms (e.g., Stripe) for payment processing and integrations. We are not responsible for third-party terms, practices, downtime, or liabilities. You must comply with third-party terms.

International Users

Users outside the U.S. must comply with local laws. GAINS makes no representation that services are appropriate or legal in all jurisdictions. International use is at your own risk.

Dispute Resolution & Arbitration

These Terms are governed by Florida law. Disputes must be resolved exclusively through arbitration in Florida, and you waive the right to participate in class-action suits.

Force Majeure

GAINS is not liable for failure or delay in performance due to events beyond our control (natural disasters, server outages, pandemics, etc.).

Severability

If any provision is invalid or unenforceable, remaining provisions remain in full force and effect.

Entire Agreement

This document constitutes the entire agreement between you and Ely Cohen Fitness Online Coaching LLC regarding GAINS.

Contact

For inquiries, contact us:

Email: info@gainsfitapp.com