Terms of Use

1. Agreeing to these terms

By downloading, installing or using GAINS (the "App") you agree to these Terms of Use, which form an agreement between you and Nexcore Solutions LLC ("we", "us"). If you do not agree, do not use the App. The App also asks you to confirm, on first launch, that you understand its tone; that confirmation is in addition to these terms, not a replacement for them.

You must be old enough to form a binding contract where you live, and at least the age shown in the App's store rating.

2. Your licence

We grant you a personal, non-transferable, non-exclusive, revocable licence to use one copy of the App on devices you own or control, as permitted by the App Store or Google Play rules you obtained it under. You may not sell, rent, sublicense, reverse engineer, decompile or attempt to derive the source of the App, or remove any notice from it, except where that restriction is prohibited by law.

We keep all rights in the App that we do not expressly grant you here, including its name, design, written content and code.

3. What the App is — and is deliberately not

GAINS records whether you went to the gym and sends you a daily notification about it. The notifications are written to be blunt, unimpressed and unflattering. That is the entire premise, and you consented to it on install.

The App is not health, medical, fitness, nutritional or psychological advice, and must not be used as a substitute for it. It does not know your medical history, your injuries, your medication or your circumstances. It has no way to tell whether training today is safe for you. Decisions about your training, your body and your health are yours, and where they matter you should take them with a qualified professional rather than with a notification.

The App is not a crisis or support service and cannot detect distress. If you are struggling with your mental health, with disordered eating, or with thoughts of harming yourself, please contact a qualified professional or your local crisis line.

4. Content generated by AI

Most notification lines are written by an AI model at the time they are needed, which is what stops the App repeating itself. Two things follow from that, and we would rather state them plainly than bury them.

• We check every line before it can be shown. Lines are screened on your device against a fixed set of rules — among other things, no self-harm, no talk of food, dieting or skipping meals, no slurs, and no remarks about race, religion, sexuality, gender identity or disability. Anything that breaks a rule is discarded and never displayed, and the App falls back to lines written by hand.
• No automated screen is perfect. We do not warrant that every generated line will be appropriate, accurate or to your taste. Nothing the App says is a statement of fact about you, and nothing it says should be read as advice.

Every message carries a report action. Reporting a line stops it being shown to you again. Please use it — it is the only signal we get.

5. Your data

The App keeps your information on your own device. What it stores, the single request it makes, and what that request does and does not contain, are set out in full in our Privacy Policy, which forms part of these terms. You can export or erase everything from within the App at any time.

You are responsible for the information you enter and for keeping your own device secure. Because we hold no copy, we cannot restore your history if you erase it or lose the device.

6. Acceptable use

Do not use the App to break the law, to interfere with or overload the service that supplies its notification lines, to attempt to extract or misuse the AI model behind it, or to access the App by any means other than the published App Store or Google Play release. We may limit or refuse service to a device that does any of these.

7. Subscriptions and payment

Parts of GAINS may be offered as a paid, auto-renewing subscription. Where they are:

• Payment is taken by Apple or Google, not by us, through the account you used to install the App. We never see or hold your card details.
• The price, the billing period and what is included are shown to you in the App before you buy, and you are charged only after you confirm.
• A subscription renews automatically at the end of each period unless you turn renewal off at least 24 hours before it ends. Renewal is charged within 24 hours of the period ending.
• You manage and cancel a subscription in your own App Store or Google Play account settings, not in the App. Deleting the App does not cancel a subscription.
• Refunds are handled by Apple or Google under their own policies. We cannot issue a refund for a purchase we did not take payment for.
• If a free trial is offered, any unused part of it is forfeited when you buy a subscription.

Nothing in this section removes a right you have under consumer law where you live.

8. Changes, availability and ending the agreement

We may update the App, change or withdraw features, or stop offering it. We may also change these terms; if we do, the effective date at the top changes, and continuing to use the App after that means you accept the new version. Where a change materially affects your rights or what leaves your device, we will say so in the App.

You may end this agreement at any time by deleting the App. We may end it if you materially breach these terms. Sections 3, 4, 9, 10, 11 and 13 survive it ending.

9. No warranty

The App is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that notifications will always be delivered — delivery depends on your device and its operating system, which are outside our control.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or any injury arising from your training decisions, from a notification you did or did not receive, or from the content of any generated line.

To the fullest extent permitted by law, our total liability to you for all claims relating to the App is limited to the greater of the amount you paid us for the App in the twelve months before the claim, or USD $50.

Nothing here excludes liability that cannot lawfully be excluded, including for death or personal injury caused by our negligence, or for fraud. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

11. Indemnity

You agree to indemnify us against claims and costs arising from your misuse of the App or your breach of these terms, to the extent permitted by law.

12. If you got the App from the Apple App Store

These terms apply in addition to Apple's own terms, and the following is required by Apple:

• This agreement is between you and Nexcore Solutions LLC only, not with Apple. We, not Apple, are solely responsible for the App and its content.
• Your licence to use the App is limited to a non-transferable licence to use it on Apple-branded devices you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claim by you or a third party relating to the App or your use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes that third party's intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and on your acceptance Apple has the right (and is deemed to have accepted the right) to enforce them against you.

13. Governing law

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules, and the courts located there have exclusive jurisdiction — except where the law where you live gives you the right to bring proceedings in your own courts, which these terms do not remove.

14. General

If any part of these terms is held unenforceable, the rest continues in force. Our not enforcing a provision is not a waiver of it. These terms, together with the Privacy Policy, are the whole agreement between us about the App.

15. Contact

support@nexcore-solutions.com — Nexcore Solutions LLC.