Gainz Terms & Conditions

1.1

By clicking the “Download” button, installing and/or using the Application you expressly acknowledge and agree that you are entering into a legal agreement with us, and have understood and agree to comply with, and be legally bound by, the below Terms.

1.2

When downloading the Application from any third-party software platform, you also agree to be legally bound by the terms and conditions of any platform on which the Application is sold.

2.1

By law, if you are a consumer the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

2.2

The key information we give you by law forms part of this contract. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3.1

You have the right to cancel this contract within 14 days of placing your Order without giving any reason. However, you do not have the right to cancel if you have downloaded and started to use the Application during this period. This is without prejudice to your right to terminate this agreement during the Trial Period or thereafter, as set out at clause 14.

3.2

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of this page.

3.3

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

3.4

This does not affect your statutory rights. A summary of these rights is provided at the top of this page.

4.1

By downloading the Application you will be able to access the Content. You may select from one of our default characters to generate an Avatar to provide your Fitness Content.

4.2

In addition to the Content, you may separately access:

4.3

Your attention is drawn to the fact that both the Avatar and the Fitness Content are generated by artificial intelligence and are not created based on your own personal fitness, or medical needs. If you have any medical conditions which may affect your use of the Fitness Content, you should not use the Fitness Content, we refer you to the usage restrictions at clause 5.

4.4

Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of the Content may in some cases generate inaccuracies in the Content. You should evaluate the accuracy of any Fitness Content as appropriate for your use and contact us if you have any concerns over the suitability of the Fitness Content for your personal fitness requirements.

4.5

We do not provide any particular warranty as to the suitability of the Avatar or Fitness Content for any particular purpose, nor do we represent that the supply of the Premium Content involves personalised Fitness Content provided by any of our celebrity trainers.

4.6

When we supply the Content

4.7

If you consider any digital content supplied is faulty, please contact us using the contact details at the top of this page.

4.8

To avoid faults in the digital content, you must:

4.9

Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

5.1

When you buy the Application and it is downloaded (see clause 9.4.2 ), you will not own the Content. We reserve all rights in the Content and to the extent that you retain any rights in the Content, you hereby assign with full title guarantee all your rights, title, ownership rights and intellectual property rights in the Content, to us, immediately on their coming into existence, for the full duration of such rights, wherever in the world enforceable and wherever created, including, without limitation, any and all patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, image rights, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, and rights in data, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights. Further to the extent that such rights are not assigned automatically, you hold all rights in the Content on trust for us and shall at our request execute any document or do anything required by us to vest in full legal title to all rights in the Content to enable us or our nominee to enjoy the benefit of such rights.

5.2

You grant us a perpetual, non-exclusive worldwide royalty-free licence to use your Customer Data, for all purposes in relation to the supply by us of the Application and the Content (including without limitation for the purpose of training our artificial intelligence software), and, provided that such data is anonymised, for all other commercial uses contemplated by us.

6.1

We give you permission to use the Content (also known as a ‘licence’) for the purpose of you using and enjoying it according to these Terms.

6.2

The Content:

6.3

You acknowledge that the Content is not confidential and may be made publicly available on the Application including in our marketing materials.

7.1

You may not use the Content, or the Fitness Content if you have any pre-existing medical conditions, which may render your use of the Fitness Content unsafe. You should seek advice from a health professional before using the Fitness Content.

7.2

You may not upload any Image Data or Health Data for any third parties, or use the Content generated by any Image Data or Health Data of any third parties without:

7.3

We may require you to provide proof of having obtained all necessary consents, as a condition of your continued use of the Application and the Content.

7.4

You agree not to, and not to permit any third party to: (i) transfer, redistribute, sell, lease, lend or rent the Content. (ii) make the Application available over a network where it could be used by multiple devices owned or operated by different people at the same time. (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Application or any third party software used to provide the Content. (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Application or any third party software or any part thereof. (v) circumvent, disable or otherwise interfere with security-related features of the Application, or any third-party software or features that prevents or restricts use, or copying of any content, or that enforce limitations on use of the Application or any third party software. (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Application or the Content. (vii) use any communications systems provided by the Application to send unauthorised and/or unsolicited commercial communications. (viii) use any third party names, logo or trademarks contained on the Application or in the Content without our prior written consent. and/or (ix) use the Content to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms

7.5

We(and any third party software suppliers) reserve the right to include on all Content a synthetic mark, in order to clarify that the Content is edited, and to avoid any misleading of the public with regard to the synthetic nature of the Content. You shall not, and shall not permit any third party to, remove, hide or minimize the synthetic mark without obtaining our prior written approval. If you wish to remove the same, please contact us at support@gainz.ai

7.6

We reserve the right to monitor, censor, limit, edit, reject, delete and/or remove any Customer Data if you are in violation of the terms of this Agreement. We further reserve the right to remove all Content in the event that there is a complaint of infringement of any third party intellectual property rights in relation to the use of the Customer Data or Content.

7.7

You agree to defend, indemnify and hold harmless Gainz.AI, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Application and Content. (ii) the uploading of Image Data and Health Data relating to any third party. and (iii) your violation of any third party right, including without limitation any Intellectual Property Rights or personal data rights of any third party, arising from your breach of the Usage Restrictions.

8.1

If you wish to order, download and use the Application, you will first have to create an account(Account). You agree not to create an Account for anyone else or use the Account of another without their permission. If you create an Account, you must provide accurate and complete information for yourself, including the personal details requested. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account and for your Account security. You must notify us immediately of any unauthorised use of your Account.

8.2

You must be at least 13 years old to use the Application. If you are under 18 you must have your parent or legal guardian’s permission to set up an account and to use the Application and they must be the contracting party and agree to these Terms on your behalf. If you use the Application on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.

8.3

In order to set up an Account you will need to provide your payment details. However, you will be entitled to use the Application for the Trial Period without payment. Payment will start automatically on the first anniversary of your placing an order unless you exercise your right to cancel.

9.1

When you place an order for the Application to generate the Content, you will be asked to tick a to confirm that you consent for the download of the Application to start immediately after you place your order by clicking the “Download now” button.

9.2

If you wish to use the Premium Content, you will need to separately select this payment option, in addition to the option to purchase the Application and use the Content.

9.3

When you download the Application, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us. We may contact you to say that we do not accept your order. This is typically for the following reasons:

9.4

We will only accept your order when we email you to confirm this(Confirmation Email). At this point:

10.1

Once you have placed your order and the Confirmation Email has been sent to you (see clause 8 ), the Application will download automatically.

10.2

You do not have the right to cancel this contract once the automatic download of the Application starts and are not entitled to a refund unless the Application is faulty.

10.3

If something happens which is outside of our control and affects your ability to download the Application, we will let you know when you can expect to be able to download the Application.

10.4

If your computer or device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page.

11.1

Subject to the Payment Plan you agree in relation to the Content when downloading the Application, you will be able to use the Application with respect to your selected Payment Plan. We accept payment by credit cards and/or debit cards. We do not accept cash or cheques.

11.2

We will do all that we reasonably can to ensure that all of the information you give us when paying for the Application is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 13 ) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

11.3

All prices are in pounds sterling (£)(GBP) at the applicable rate.

12.1

If you are downloading an Application from a third-party mobile device platform or service provider, please be aware that the platform may have established usage rules which also govern your use of the Application (“Usage Rules“).You acknowledge that, prior to downloading the Application from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Application. if you are unable to make such a representation you are prohibited from installing and/or using the Application.

13.1

Our Privacy Policy is available on our website.

13.2

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

13.3

In order to generate the Content and perform our obligations under these Terms, we make use of third-party proprietary software incorporating artificial intelligence. In particular where you provide Image Data containing your personal information to us, we will be required to share this with D/ID for the purpose of generating the Personal Content. This may involve the transfer of your personal data and sensitive personal data outside of the UK.

13.4

We will store and process your Health Data for the purpose of providing the Fitness Content. Where you provide your Health Data, we will be required to share your Health Data, with OpenAi for the purpose of creating the Content. However, we will anonymise your Health Data before sharing any information with OpenAi in order to generate the Fitness Content.

13.5

You understand that the aforementioned companies and their subsidiaries may process your Image Data and Health Data in accordance with their terms of service and privacy policies, which may include sharing the generated content created using your personal data with other users of these sites. The purposes for which the organisations may use your personal data include storing and processing your personal information for the purpose of providing their services. This may involve making available your content for use by third parties. For more information please consult our Privacy Policy.

14.1

We may terminate our agreement with you at any time by providing written notice to you, or if at any time you are in material breach of these Terms.

14.2

If you wish to delete your Account and terminate this agreement, you may do so at any time from within the Application, at Settings → Account Management → Delete Account. Your Account is deactivated immediately and your account data is permanently erased 30 days later. Signing in during those 30 days cancels the deletion and restores your Account. If you cannot access the Application, you may instead email a request to GAINZ.AI at support@gainz.ai from the address registered to your Account

14.3

If you cancel within the Trial Period, you will not be charged.

14.4

Where you cancel outside of your Trial Period, you will be liable to pay the subscription fee for the month in which you cancel, depending on your Payment Plan.

14.5

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

14.6

We reserve the right to make use of the Content, Image Data and Health Data upon termination of this Agreement.

14.7

Upon termination of this agreement all licences and consents granted under this Agreement shall terminate.

15.1

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

16.1

No one other than a party to this contract has any right to enforce any term of this contract

17.1

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.

17.2

The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

17.3

Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.