GAIN Fitness – Terms of Use
Last Updated: November 29, 2025
These Terms of Use (“Terms”) govern your access to and use of the websites, mobile applications, software, and related services provided by Epic Gain, LLC, a Delaware limited liability company (d/b/a “GAIN Fitness” or “GAIN”) (collectively, the “Service”).
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy (collectively, the “Agreement”). If you do not agree, do not use the Service.
“User,” “you,” and “your” mean the person using the Service. “We,” “us,” and “our” mean Epic Gain, LLC.
1. Who May Use the Service
1.1 Eligibility
You may use the Service only if:
· You are at least 13 years old, and
· If you are under 18, you have the consent of a parent or legal guardian and are fully able to enter into and comply with this Agreement.
The Service is not intended for children under 13. If we learn that a child under 13 has created an account, we will delete it.
We may refuse, close, or suspend accounts at our discretion, including if we reasonably believe you have violated these Terms.
1.2 Health and Safety
GAIN provides fitness guidance and training recommendations, not medical care.
· We are not a medical organization and do not provide medical advice, diagnoses, or treatment.
· Our workouts, exercises, suggestions, and educational content are for informational purposes only and are not a substitute for professional medical advice.
You are solely responsible for your own health and safety. You should consult a qualified healthcare professional before starting any new workout or fitness program, especially if you:
· Are over 35
· Have not been physically active for an extended period
· Have a history of heart disease, high blood pressure, chest pain, dizziness, joint or bone problems, diabetes, obesity, high cholesterol, arthritis, or any other condition that could affect your ability to exercise safely.
If you experience pain, dizziness, shortness of breath, chest pain, or any other concerning symptoms while exercising, stop immediately and seek medical attention.
The Service is not for emergencies. If you think you may have a medical emergency, call your doctor or your local emergency number (such as 911) right away.
2. Your Account
2.1 Registration
Some parts of the Service can be used without an account, but to access personalized workouts and other features, you must create an account.
When you create an account, you must provide accurate and complete information and keep it up to date.
If you create an account on behalf of a company or organization, you represent that you have authority to bind that entity, and “you” includes both you personally and that entity.
2.2 Account Security
You are responsible for:
· Keeping your login credentials confidential
· All activity that occurs under your account
Notify us immediately at privacy@gainfitness.com if you suspect unauthorized use of your account or any security breach. We are not liable for any loss arising from unauthorized use of your account where we have not acted negligently.
3. Use of the Service
3.1 Personal, Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use.
We reserve all rights not expressly granted in these Terms.
3.2 Prohibited Conduct
You agree that you will not, and will not attempt to:
· Copy, distribute, or disclose any part of the Service in any medium, including through automated or non-automated “scraping”
· Use any automated system (such as robots, spiders, scripts, or offline readers) to access the Service in a way that sends more requests than a human could reasonably produce in the same time using a standard browser or app
· Upload or transmit any viruses, worms, malware, or other harmful code
· Attempt to interfere with, compromise, or bypass any security or access-control measures
· Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service, except to the extent such restriction is prohibited by law
· Use the Service for any unlawful, harmful, fraudulent, or misleading purpose
· Impersonate any person or entity, or misrepresent your affiliation with any person or entity
· Harvest or collect personal information about other users without their consent
· Use the Service to send spam, chain letters, or other unsolicited communications
· Use the Service in a manner that could damage, disable, overburden, or impair our systems
We may investigate violations and cooperate with law enforcement where required.
3.3 Streaming and Content Access
Any audiovisual content made available through the Service is provided for streaming only, meaning real-time viewing and not permanent download or redistributing. You agree not to record, copy, or distribute such content except as expressly permitted.
3.4 Changes and Availability
We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you for any modification, suspension, or discontinuation.
We may temporarily suspend or limit the Service (for example, for maintenance or to address security issues) without liability to you.
4. User Content
4.1 What You Can Post
Some parts of the Service allow you to submit or upload content, such as comments, feedback, workout notes, photos, or other materials (“User Content”).
You are solely responsible for your User Content and for ensuring that you have all necessary rights to post it.
You agree not to post User Content that:
· Is illegal, defamatory, harassing, hateful, violence-inciting, discriminatory, or otherwise harmful
· Exploits or harms children
· Contains threats or promotes self-harm or violence
· Infringes any third-party rights, including intellectual property, privacy, or publicity rights
· Contains confidential or private information of others without permission
· Is false, misleading, or deceptive
· Contains malware, malicious code, or other security threats
We may, but are not obligated to, monitor, review, or remove User Content at our discretion.
4.2 Your License to Us
You retain ownership of your User Content.
By submitting User Content, you grant GAIN a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform that content in connection with operating, improving, and promoting the Service.
You also grant other users a non-exclusive license to access and use your User Content through the Service as permitted by the Service’s features and these Terms.
You represent and warrant that you have the rights necessary to grant these licenses and that your User Content does not violate these Terms or any law.
5. Our Content and Intellectual Property
Except for your User Content, all content and materials on or within the Service—including software, code, text, graphics, logos, images, audio, video, and trademarks (“GAIN Content”)—are owned by or licensed to Epic Gain, LLC and are protected by intellectual property laws.
You may not:
· Copy, modify, distribute, sell, or lease any part of the GAIN Content
· Use any GAIN trademarks, logos, or branding without our prior written consent
5.1 Feedback
If you send us ideas, suggestions, or feedback about the Service (“Feedback”), you agree that we may use that Feedback in any way without compensation, obligation, or restriction.
6. Subscriptions, Fees, and Payments
Some features of the Service may require payment of fees (e.g., subscription plans, premium features) (“Paid Services”).
6.1 Billing
If you enroll in a Paid Service, you agree to:
· Provide current, complete, and accurate payment information
· Authorize us and/or our payment processors to charge your payment method for applicable fees and taxes
If you subscribe through the Apple App Store, Google Play, or another platform, billing is handled by that platform and their terms and policies apply.
6.2 Auto-Renewal and Cancellation
Some Paid Services may automatically renew at the end of each billing period unless you cancel.
· You can cancel at any time via your account settings or through the applicable app store/platform.
· Cancellation takes effect at the end of the current billing period; you will continue to have access until then.
Unless otherwise required by law or specifically stated.
6.3 Refunds
· Fees and charges are non-refundable, and
· We do not provide refunds or credits for partial billing periods, except where required by law or explicitly stated by us.
7. Privacy
Your use of the Service is governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described there.
8. Security
We implement commercially reasonable security measures to protect your information. However, no system is completely secure.
You acknowledge that you provide your information at your own risk and that we cannot guarantee absolute security.
9. DMCA and Copyright Complaints
We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (“DMCA”).
If you believe that your copyrighted work has been used on the Service in a way that constitutes infringement, please send a written notice containing the following information to our DMCA Agent:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it on the Service;
4. Your contact information, including address, telephone number, and email address;
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
DMCA Agent:
Epic Gain, LLC
Attn: DMCA Agent
132 Strand Street
Suite 203
Santa Monica, CA 90405
Email: privacy@gainfitness.com
Knowingly misrepresenting that material is infringing may subject you to liability.
We may terminate accounts of repeat infringers in appropriate circumstances.
10. Third-Party Services and Links
The Service may link to or integrate with third-party services, websites, content, or applications (including Apple Health, Google Fit, wearables, payment processors, and social login providers).
We do not control and are not responsible for third-party services. Your use of them is subject to their own terms and privacy policies.
You release GAIN from any liability arising from your use of or dealings with third parties.
11. Indemnification
You agree to indemnify, defend, and hold harmless Epic Gain, LLC and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
· Your use of the Service
· Your violation of these Terms
· Your User Content
· Your violation of any law or third-party right
· Any injury or damage (including personal injury or death) occurring in connection with your exercise or activities guided by or related to the Service
12. Disclaimers
YOU USE THE SERVICE AT YOUR OWN RISK.
The Service and all content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
Without limiting the foregoing, we do not warrant that:
· The Service will be uninterrupted, secure, or error-free
· The workouts or recommendations will meet your expectations or goals
· Any particular health or fitness results will be achieved
GAIN’s recommendations are not medical advice and are not tailored to any specific medical condition. You are responsible for consulting a healthcare professional and exercising within your limits.
13. Limitation of Liability
To the maximum extent permitted by law:
· GAIN and its affiliates, officers, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages.
· Our total liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of:
o The amount you paid to GAIN for the Service in the twelve (12) months before the claim arose, or
o One hundred U.S. dollars (US $100).
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, our liability will be limited to the fullest extent permitted by law.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of the State of Delaware, excluding its conflict of laws rules, and by applicable federal law of the United States.
14.2 Venue
You agree that any judicial proceeding (other than small claims and matters subject to arbitration) will be brought in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue in those courts.
14.3 Informal Resolution
Before filing any claim, you agree to first contact us at privacy@gainfitness.com and attempt to resolve the dispute informally.
14.4 Arbitration (Optional Small-Claims Alternative)
For monetary claims under US $10,000 (excluding requests for injunctive or other equitable relief), either party may elect to resolve the dispute through binding, non-appearance-based arbitration conducted by a mutually agreed alternative dispute resolution provider. The arbitration will be based on written submissions, phone, or online communications only, and not require in-person appearances unless both parties agree.
Judgment on the award may be entered in any court of competent jurisdiction.
Nothing in this section prevents either party from seeking equitable or injunctive relief at any time.
15. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email, in-app notice, or on our website) and indicate the “Last Updated” date at the top.
If you continue to use the Service after the updated Terms become effective, you agree to be bound by them. If you do not agree, you must stop using the Service and, if applicable, cancel your account.
16. Miscellaneous
· Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and GAIN regarding the Service.
· Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
· No Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
· Assignment. You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms without restriction.
17. Contact Us
If you have questions about these Terms, please contact us:
Email: privacy@gainfitness.com
Postal Mail:
Epic Gain, LLC, a Delaware limited liability company
132 Strand Street
Suite 203
Santa Monica, CA 90405