Terms of Service

ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using Gainwise, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

ENTITY INFORMATION

Company: TN Labs LLC

Doing Business As: Gainwise

Jurisdiction: Delaware, United States

Contact: Available through app settings or support channels

DESCRIPTION OF SERVICE

Gainwise is a workout tracker that provides:

• Workout logging, routines, and progress history
• AI-generated coaching suggestions and adaptive routines
• Hands-free voice logging, transcribed on-device
• Strength analytics and insights (e.g. volume, estimated 1RM, personal records)
• Data export, cloud storage, and synchronization

Some features, such as AI coaching, rely on external third-party API providers. The availability, accuracy, and performance of these features depend on the continued operation and reliability of these external providers.

ELIGIBILITY

You must be at least 16 years old (or 13 in the US) to use this Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

USER RESPONSIBILITIES AND CONSENT REQUIREMENTS

Health, Fitness, and Safe Training

YOU ARE SOLELY RESPONSIBLE FOR:

• Training safely and within your own physical limits
• Consulting a qualified healthcare or fitness professional before starting any exercise program
• Using proper form, warm-ups, and weights appropriate for your ability and any injuries
• Treating AI coaching suggestions as informational only, not medical or professional advice
• Stopping and seeking help if you experience pain, dizziness, or injury

No Medical Advice or Guaranteed Results

• Informational only: Gainwise does not provide medical advice, diagnosis, or treatment
• No guarantees: Individual results vary; we do not guarantee any specific fitness or strength outcome
• Your judgment: Always follow the guidance of a qualified professional for your circumstances

Account Security

• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorized access
• Use strong, unique passwords
• Enable available security features

Data Integrity and Backups

• Maintain your own backups of important workout data (Gainwise lets you export your data at any time)
• We are not responsible for data loss due to user error or technical failures

PROHIBITED USES

You may not use Gainwise to:

Legal Violations

• Violate any applicable laws, regulations, or third-party rights
• Violate privacy rights or confidentiality agreements
• Upload content you do not have the right to use

Harmful Activities

• Harass, abuse, threaten, or harm others
• Distribute malware, viruses, or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service or servers

Intellectual Property Violations

• Infringe copyrights, trademarks, patents, or other intellectual property
• Use the Service for commercial purposes without authorization
• Reverse engineer, decompile, or attempt to extract source code

Misuse of Service

• Create fake or misleading accounts
• Share account credentials with unauthorized users
• Use automated systems (bots) to access the Service
• Overload or attempt to disrupt our infrastructure

INTELLECTUAL PROPERTY RIGHTS

Service Ownership

The Service, including all software, designs, text, graphics, and other content, is owned by TN Labs LLC and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service for personal or business purposes in accordance with these Terms.

Your Content

You retain ownership of all workout logs, routines, and other content you create using the Service. By using the Service, you grant us a limited license to:

• Process and store your content to provide the Service
• Generate coaching suggestions and insights from your workout data
• Backup and synchronize your content across your devices

This license terminates when you delete content or terminate your account.

Third-Party Content

The Service may contain third-party content or links to third-party services. We do not endorse or assume responsibility for third-party content or services.

SUBSCRIPTIONS AND PAYMENTS

Subscription Terms

• Subscriptions automatically renew unless canceled
• Pricing may change with 30 days' notice to existing subscribers
• Refunds are governed by Apple's App Store refund policy
• Free trial terms are specified at signup

Billing

• Payment is processed by Apple through the App Store
• You authorize recurring charges for subscription renewals
• Failed payments may result in service suspension

REFUNDS AND REFUND REQUESTS

All in-app subscriptions and purchases are processed by Apple. To request a refund, you must contact Apple directly through the App Store. By making purchases in Gainwise, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include account age, purchase history, refund history, platform, account status, and our preferred resolution. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. Such data sharing is conducted in compliance with Apple's policies and only as necessary to process your requests. Apple retains sole authority to grant or deny refunds.

PRIVACY AND DATA PROTECTION

Your privacy is governed by our Privacy Policy, incorporated by reference into these Terms. Key points include:

• We collect workout logs, routines, and account information
• Data is stored securely using Supabase's standard cloud security
• We do not sell or share your personal data except as disclosed
• You have rights to access, export, correct, and delete your data
• Workout and fitness data may be considered personal information

SERVICE AVAILABILITY AND MODIFICATIONS

Service Availability

• We strive to provide reliable service but cannot guarantee 100% uptime
• Scheduled maintenance may temporarily interrupt service
• We may suspend service for security reasons or Terms violations

Service Modifications

• We may modify, update, or discontinue features at any time
• Material changes will be communicated with reasonable notice
• Continued use after modifications constitutes acceptance

THIRD-PARTY INTEGRATIONS

The Service may integrate with third-party services (Notion, Google Drive, etc.):

• Third-party terms and privacy policies apply to their services
• We are not responsible for third-party service availability or functionality
• Integration permissions can be revoked at any time through app settings
• Data shared with third parties is governed by their policies

EXTERNAL API PROVIDERS AND SERVICE DEPENDENCIES

Use of Third-Party API Providers

Gainwise uses external third-party API providers to deliver certain features, such as AI coaching and analysis. These providers operate independently from Gainwise, and their services are subject to their own terms, conditions, and service level agreements.

Potential Service Disruptions

Because some features depend on external API providers, AI coaching and related features may fail, be delayed, or produce incomplete or inaccurate results due to factors outside our control, including but not limited to:

• Outages, downtime, or degraded performance of third-party API providers
• Changes to third-party API availability, pricing, or terms of service
• Network connectivity issues between our Service and external providers
• Rate limiting, capacity constraints, or throttling by external providers
• Deprecation or discontinuation of third-party APIs

Limitation of Responsibility

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY FAILURES, ERRORS, INTERRUPTIONS, OR DATA LOSS RESULTING FROM THE UNAVAILABILITY, MALFUNCTION, OR DEGRADED PERFORMANCE OF THIRD-PARTY API PROVIDERS. This includes, without limitation, unavailability of AI-generated coaching suggestions, routines, or insights. You acknowledge and agree that such disruptions may occur and that Gainwise shall have no liability arising from or related to these third-party dependencies.

User Precautions

Given the reliance on external providers, we strongly recommend that you:

• Treat AI coaching suggestions as informational, not as a substitute for professional advice
• Use your own judgment when following any suggested routine, set, or weight
• Regularly export and back up your workout data
• Verify suggestions against safe training practices for your ability and any injuries

ADVERTISING AND ANALYTICS

Marketing Tracking

We may use third-party advertising and analytics services (including Facebook/Meta SDK) to measure app usage, track advertising campaign effectiveness, and deliver personalized advertising. This is subject to your consent via App Tracking Transparency (ATT) on iOS.

Your Choices

• You can opt out of personalized advertising by denying tracking permission when prompted
• You can change your tracking preferences at any time in your device Settings → Privacy & Security → Tracking
• Opting out does not affect app functionality, but may result in less relevant advertisements

Third-Party Processing

Advertising partners process tracking data according to their own privacy policies. We do not control how third-party advertising platforms use the data we share with them.

DISCLAIMERS AND WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability or fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of AI coaching suggestions
• Uninterrupted or error-free service
• Security of data transmission or storage

We do not warrant that:

• AI coaching suggestions will be accurate or suitable for you
• Following any routine or suggestion will produce a specific fitness result
• External API providers used for AI features will be available or perform without error
• The Service will meet your specific requirements
• Defects will be corrected
• The Service is compatible with all devices or operating systems

Health and Fitness Disclaimer

GAINWISE IS A WORKOUT-TRACKING TOOL, NOT A MEDICAL DEVICE OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL, HEALTH, OR FITNESS ADVICE. AI COACHING SUGGESTIONS, ROUTINES, AND ANALYTICS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE ARE NOT LIABLE FOR ANY INJURY, HEALTH CONDITION, OR LOSS RESULTING FROM YOUR USE OF THE SERVICE OR FROM FOLLOWING ANY SUGGESTION, REGARDLESS OF THE CAUSE. YOU ACKNOWLEDGE THAT YOU TRAIN AT YOUR OWN RISK, AND YOU AGREE THAT GAINWISE AND TN LABS LLC BEAR NO RESPONSIBILITY OR LIABILITY FOR SUCH OUTCOMES.

You should consult a qualified healthcare or fitness professional before beginning any exercise program, and use your own judgment when following any routine, set, or weight suggestion, particularly if you have an injury or medical condition.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We are not liable for data loss, business interruption, or lost profits
• We are not responsible for injury or health outcomes resulting from your training
• We are not liable for third-party service failures or data breaches
• We are not liable for failed or inaccurate AI coaching or analysis caused by external API provider outages or malfunctions
• We are not liable for any feature failures, regardless of the cause, including but not limited to device issues, network problems, storage limitations, or third-party service disruptions

Some jurisdictions do not allow these limitations, so they may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold harmless TN Labs LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Privacy violations or misuse of others' content
• Your content or conduct

TERMINATION

Termination by You

• You may terminate your account at any time through app settings
• Subscription cancellation prevents future charges but does not provide refunds
• You remain responsible for all charges incurred before termination

Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms or applicable laws
• Engage in fraudulent or harmful activities
• Fail to pay required fees
• Remain inactive for an extended period

Upon termination:

• Your access to the Service will cease
• Your data will be deleted according to our Privacy Policy
• These Terms remain in effect for ongoing obligations

APPLE APP STORE TERMS

For iOS users, additional terms apply:

• You acknowledge that these Terms are between you and TN Labs LLC, not Apple
• Apple is not responsible for the Service or any claims relating to it
• Apple may remove the app for Terms violations
• You must comply with Apple's Usage Rules in the App Store Terms of Service

DISPUTE RESOLUTION

Governing Law

These Terms are governed by Delaware state law and applicable federal law, without regard to conflict of law principles.

Dispute Resolution Process

1. Contact us first to resolve disputes informally
2. If unresolved after 30 days, either party may pursue binding arbitration
3. Arbitration will be conducted by the American Arbitration Association
4. Arbitration will occur in Delaware or your state of residence (your choice)
5. You may opt out of arbitration by written notice within 30 days of account creation

Class Action Waiver

You agree that disputes will be resolved individually, not as part of a class action, collective action, or representative proceeding.

FORCE MAJEURE

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, network failures, or other force majeure events.

SEVERABILITY

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions continue in full force and effect.

ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TN Labs LLC regarding the Service, superseding any prior agreements.

CHANGES TO TERMS

We may modify these Terms at any time by:

• Posting updated Terms in the app
• Sending notice to your registered email address
• Providing 30 days' notice for material changes affecting your rights

Continued use after changes constitutes acceptance of updated Terms.

CONTACT INFORMATION

For questions about these Terms:

• Contact us through app settings or support channels
• Email: Available in app support section
• Legal notices: Available upon request for legal purposes

COMPLIANCE AND CERTIFICATIONS

These Terms comply with:

• Apple App Store Review Guidelines
• Delaware corporate law
• Applicable consumer protection regulations
• Federal and state privacy laws

Effective Date: May 8, 2026

Version: 1.0