These Terms and Conditions of Use (the “Terms of Use”) apply to the GAINS website located at www.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.
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.
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.
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.
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.
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.
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.
GAINS VIP subscriptions automatically renew unless canceled prior to the renewal date. Failure to process payment may result in immediate account suspension. You must maintain updated billing information and promptly notify us of changes.
GAINS VIP refunds require documented proof of compliance with at least 90% of daily workouts, step targets, macros, and meal recommendations. Refunds are subject to sole discretion and approval.
Free trials may be revoked anytime without prior notice. GAINS may not retain your data after the trial period. You are responsible for saving your data before trial expiration.
GAINS reserves the right to terminate or suspend access at our discretion, including for:
No refunds will be granted upon termination due to breach.
GAINS reserves the right to modify these Terms, services, or platform features without notice. Continued use after changes constitutes acceptance of those changes.
You agree not to:
Unauthorized use violates these Terms and may result in account suspension or legal action.
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.
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.
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.
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.
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.
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.
GAINS is not liable for failure or delay in performance due to events beyond our control (natural disasters, server outages, pandemics, etc.).
If any provision is invalid or unenforceable, remaining provisions remain in full force and effect.
This document constitutes the entire agreement between you and Ely Cohen Fitness Online Coaching LLC regarding GAINS.
For inquiries, contact us:
Email: info@gainsfitapp.com
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