1. Acceptance of Terms and Operator Identity
These Terms of Service ("Terms") constitute a legally binding contract between you ("User," "you," or "your") and Richard Pokuta, an independent entrepreneur (OSVČ) registered under IČO: 29650712, with a registered office at Orlová, Moravskoslezský kraj, Czech Republic ("GainSync," "we," "us," or "our").
By registering for an account, completing role onboarding as TRAINER or CLIENT, accessing, or using the GainSync web application, mobile applications, GraphQL API, or related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and, where applicable, our Data Processing Agreement.
2. Nature of the Platform
GainSync provides a Business-to-Business-to-Consumer (B2B2C) software infrastructure that enables independent fitness coaches, personal trainers, and organizations ("Coaches") to create, manage, and deliver training plans, meal plans, progress tracking, check-ins, payments, chat, and notifications to their end-Clients.
GainSync is solely a software provider. We do not provide medical, fitness, dietary, or financial advice. We do not employ, endorse, or vet the Coaches using our platform, and we make no representations regarding their certifications, qualifications, or the safety and efficacy of the training programs, meal plans, scaling suggestions, or advice they deliver.
All contractual, coaching, payment, and liability relationships between a Coach and a Client exist solely between those parties. GainSync merely provides the technological means to facilitate those relationships.
3. Medical Disclaimer and Scaling Suggestions
THIS IS NOT MEDICAL ADVICE. All Users (Coaches and Clients) acknowledge that participating in physical exercise, strength training, and dietary programs carries an inherent risk of severe physical injury or death.
Clients must consult a qualified healthcare professional before beginning any exercise or nutrition program accessed via the Service. By using the Service, Clients expressly assume all risks associated with their physical activity and dietary choices.
The Service may generate Scaling Suggestions, which can be produced automatically or manually, approved or rejected by the Coach, and applied on an exercise-specific basis. These suggestions are algorithmic recommendations based on logged sets, session feedback, and check-in metrics (such as sleep, soreness, mood, and energy). They are not medical or coaching prescriptions, and Coaches remain solely responsible for any plan changes they approve or apply.
4. Eligibility and Account Security
You must be at least 16 years old to use the Service. By registering, you represent that you meet this age requirement and that all information you provide is accurate and complete.
Authentication and Roles
The Service uses JWT access and refresh tokens, bcrypt password hashing, Google OAuth, and password-reset tokens. After sign-up you must complete role onboarding as either TRAINER or CLIENT before role-scoped features become available.
Account Integrity
You are strictly responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to use logout or logoutAll when ending sessions on shared devices, not to share your account with third parties, and to keep your JWT tokens and device tokens secure. GainSync is not liable for unauthorized access caused by your failure to protect your credentials.
5. Payments
GainSync utilizes Paddle as our authorized Merchant of Record (MoR) for all Coach subscription billing. Paddle handles payment processing, tax calculation, and remittance for subscription fees.
Payment Requests (Coach to Client)
The Service allows Coaches to create one-off and recurring payment requests, including templates, variable symbols, due dates, and statuses (PENDING, PAID, CANCELLED, OVERDUE). Coaches may manually mark a request as paid, and an automated scheduler runs daily at 02:00 UTC to materialize recurring requests and mark overdue items.
Not a Payment Gateway
GainSync is not a bank or payment gateway. We do not hold funds, process bank transfers, or guarantee payment. We are not responsible for unpaid invoices, refunds, chargebacks, or tax compliance on payment requests between Coaches and Clients.
6. User Content and Media
Users may upload text, workout logs, nutrition records, check-ins, chat messages, progress photos, meal images, exercise videos, avatars, group icons, documents, and payment-related messages ("User Content").
Ownership and License
You retain ownership of your User Content. You grant GainSync a worldwide, royalty-free, sublicensable license to host, store, process, display, and transmit your User Content strictly as necessary to operate the Service. This license terminates when your User Content is deleted.
Client Photos and Visual Media
Coaches and Clients may upload photos, videos, and other visual media of Clients for the purpose of documenting progress. By uploading such media, you represent and warrant that you have obtained all necessary rights and explicit consent from those Clients (or their guardians) and that the content complies with applicable law. GainSync stores and processes these files exclusively on behalf of the Coach using signed URLs and may process them through image optimization (sharp, jpegtran), video remuxing (ffmpeg), PDF validation (pdf-lib), and malware scanning (ClamAV).
Prohibited Content
You may not upload content that infringes intellectual property rights, contains malware, depicts unlawful or abusive material (except standard fitness progress photography of consenting individuals), or violates any applicable law. We may remove violating content and suspend the associated account.
7. API Protection and Acceptable Use
The Service, including the GraphQL API, is protected by Redis-backed rate limiting and role-based guards. You agree not to:
Prohibited Activities
Reverse-engineer, decompile, or extract the source code of the Service.
Use automated scripts, scrapers, bots, or other means to extract data from the exercise library, meal library, or other parts of the API without our written consent.
Circumvent rate limits, overload background workers or BullMQ queues, or intentionally disrupt the stability or availability of the GraphQL API.
Upload malicious code, malware, or attempt to breach our security infrastructure.
Use the Service to distribute unlawful, defamatory, or highly objectionable content or to send unsolicited communications.
Enforcement
GainSync reserves the right to immediately suspend or terminate any account found violating these restrictions, without prior notice or refund.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
In no event shall GainSync, its founder, employees, or partners be liable to you or any third party for any indirect, consequential, incidental, punitive, or special damages—including lost profits, lost data, or injury arising from training, nutrition, or scaling recommendations—regardless of the theory of liability.
Our total aggregate liability for any claims arising out of or relating to these Terms shall be strictly limited to the greater of: (a) the total amount you paid to GainSync in the twelve (12) months preceding the claim; or (b) the amount required by mandatory applicable law.
Nothing in this Section 8 shall exclude or limit GainSync's liability for death or personal injury caused by gross negligence or intent, to the extent such exclusion or limitation is prohibited by mandatory applicable law, including Section 2898 of the Czech Civil Code (Act No. 89/2012 Coll.).
9. Indemnification
You agree to defend, indemnify, and hold GainSync harmless from and against any third-party claims, liabilities, damages, judgments, awards, losses, and expenses (including reasonable attorney's fees) arising out of or relating to:
Scope
Your violation of these Terms or the DPA.
Your User Content, including any claim that visual media of a Client was uploaded without consent.
If you are a Coach, any claim brought against GainSync by one of your Clients regarding physical injury, negligence, unauthorized processing of health data, or a payment dispute.
Your misuse of the API, chat, notifications, or payment features.
10. Termination and Soft Delete
You may terminate your account at any time via the application settings. Upon termination, your right to use the Service immediately ceases. GainSync reserves the right to terminate or suspend your account for breach of these Terms or the DPA.
Termination triggers a soft-delete state. Personal data is permanently erased from production databases and object storage within 30 days, except where we are required by law to retain specific records. You may initiate a full data export before termination; the export is delivered by email.
11. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to them shall be governed exclusively by the laws of the Czech Republic, without regard to its conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts of the Czech Republic, except where mandatory consumer protection rules require otherwise.
Where the User is a consumer habitually resident in the Slovak Republic, the mandatory consumer-protection provisions of the Slovak Republic shall apply to the extent required by Article 6 of Regulation (EC) No 593/2008 (Rome I), notwithstanding the governing law of the Czech Republic.
12. Modifications to the Terms
GainSync can and will change these Terms at any time. Material changes will be communicated via the Service, email, or in-app notifications. Your continued use of the Service following such notification constitutes acceptance of the updated Terms.
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