1. Acceptance of Terms and Operator Identity
These Terms of Service ("Terms") constitute a legally binding contract between you ("User," "you," or "your") and [Your Full Name], an independent entrepreneur (OSVČ) registered under IČO: [Insert IČO], with a registered office at [Insert Address], Czech Republic ("GainSync," "we," "us," or "our").
By registering for an account, accessing, or using the GainSync web application, mobile applications, APIs, 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 (if you are a Coach) our Data Processing Agreement (DPA). If you do not agree, you are expressly prohibited from using the Service.
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 fitness and nutritional programming to their end-users ("Clients").
GainSync is solely a software provider. We do not provide medical, fitness, or dietary advice.
We do not employ, endorse, or vet the Coaches using our platform. We make no representations regarding their certifications, qualifications, or the safety and efficacy of the training programs they distribute.
3. Assumption of Risk and Medical Disclaimer
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, illness, 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.
GainSync disclaims all liability for any injury, health complication, or damages resulting from the use of the Service or reliance on any information, training plan, or advice provided by a Coach.
4. Eligibility and Account Security
Age Restriction
You must be at least 16 years old to use the Service.
Account Integrity
You are strictly responsible for maintaining the confidentiality of your login credentials. You agree not to share your account access with third parties. GainSync is not liable for unauthorized access resulting from your failure to secure your credentials.
5. Payments, Subscriptions, and Paddle (MoR)
GainSync utilizes Paddle as our authorized Merchant of Record (MoR) for all financial transactions.
Billing
By purchasing a Coach subscription, you agree to Paddle's checkout terms and conditions. Paddle handles all payment processing, tax calculation, and remittance.
Automatic Renewal
Subscriptions automatically renew at the end of each billing cycle unless canceled prior to the renewal date.
No Refunds
To the maximum extent permitted by applicable law, all payments are non-refundable. By initiating a subscription and immediately accessing our digital infrastructure, you expressly acknowledge and agree that you lose your statutory 14-day right of withdrawal under EU consumer law.
6. Intellectual Property Rights
GainSync Ownership
We retain all right, title, and interest in and to the Service, including all source code, architecture, UI/UX designs, trademarks, and proprietary algorithms. You are granted a limited, non-exclusive, non-transferable, and revocable license to access the Service for its intended purpose.
User Content
You retain ownership of the data, workout templates, and media you upload ("User Content"). However, you grant GainSync a worldwide, royalty-free license to host, store, and display this content strictly as necessary to operate the Service.
7. Acceptable Use and Restrictions
You agree not to engage in any of the following prohibited activities:
Reverse-engineering, decompiling, or extracting the source code of the Service.
Using automated scripts, scrapers, or bots to interact with our APIs.
Uploading malicious code, malware, or attempting to breach our security infrastructure.
Using the Service to distribute unlawful, defamatory, or highly objectionable content.
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 personal injury—arising from your use of the Service.
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 immediately preceding the claim, or (b) €50 EUR.
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.
(If you are a Coach) Any claim brought against GainSync by one of your Clients regarding physical injury, negligence, or unauthorized processing of health data.
10. Termination
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 access to the Service unilaterally, at any time, for any reason, including breach of these Terms.
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 competent courts located in the Czech Republic, and all parties irrevocably consent to the personal jurisdiction and venue therein.
12. Modifications to the Terms
GainSync reserves the right to modify these Terms at any time. Material changes will be communicated via the Service or email. Your continued use of the Service following such notification constitutes your binding acceptance of the updated Terms.
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