Terms & Conditions (GAINSBYBRAINS App)

(version: 11 October 2023)

1. Definitions
In these Terms and Conditions the following terms have the following meaning:
1.1. Account: your personal account that is necessary to use the GAINSBYBRAINS App.
1.2. GAINSBYBRAINS App: GBB’s mobile app you downloaded from the Apple Appstore
1.3. AppStore: Apple’s digital appstore that facilitates the download of the GAINSBYBRAINS App and subscriptions in connection thereof in which Apple acts as an agent and GBB as ‘app provider’ for the GAINSBYBRAINS App.
1.4. Content: all content provided by GBB in the GAINSBYBRAINS App or otherwise to you, including but not limited tot information, text, audio, video, illustrations and images.
1.5. GBB: the limited liability company GAINSBYBRAINS B.V., seated at Zekeringstraat 17 A, 1014BM Amsterdam, the Netherlands and registered at the Dutch Chamber of Commerce with number 76549348.
1.6. Right of Use: your right to use the GAINSBYBRAINS App subject to the Terms.
1.7. Standard EULA: the applicable Licensed Application End User License Agreement of Apple (https://www.apple.com/legal/internet-services/itunes/).
1.8. Terms: these terms and conditions of GBB.
1.9. You: anyone using the GAINSBYBRAINS App.

2. Applicability of the Terms
2.1. These Terms apply to the use of the GAINSBYBRAINS App in any way form or shape in addition to the Standard EULA.
2.2. If there is a contradiction between the provisions in the Terms and the Standard EULA then the provisions of the Terms shall prevail.
2.3. GBB may amend the Terms periodically. The most recent version of the Terms applies.

3. Subscription and Right to Use
3.1. The Right of Use is subject to a valid subscription obtained via the AppStore and subject to proper compliance with the Terms and Standard EULA.
3.2. Usage of the GAINSBYBRAINS App without a valid subscription is considered an infringement of GBB’s intellectual property rights and is not allowed.
3.3. Usage of the GAINSBYBRAINS App requires an Account.
3.4. The Right of Use is limited to your personal human/manual use via the interface provided in the GAINSBYBRAINS App. Any other use is not allowed.
3.5. The Right of Use and the Account are non-transferable.

4. Trials and Promotions
4.1. Your subscription might kick off with a complimentary trial period. The trial period's duration is set when you sign up and is clearly specified. Please note that we retain the flexibility to modify or end the trial period at any time. If not cancelled before the trial period concludes, your subscription will seamlessly transition to a paid plan, which is non-refundable.
4.2. Keep in mind that any unused trial days cannot be extended once you're signed up.
4.3. Free trials are exclusively available for new users.
4.4. Any promotion we may offer comes with its own specific terms and conditions and are applicable in additions to these Terms. If there is a contradiction between the provisions in the Terms and the promotional terms and conditions, the latter provisions prevail.

5. Prohibited use
5.1. You agree to refrain from reproducing or sharing any part of the GAINSBYBRAINS App without GBB’s permission, interfering with or damaging the GAINSBYBRAINS App or related systems or infrastructure, or engaging in abusive behaviour towards our staff. Such actions may lead to your Account being suspended or terminated without prior notice of default.
5.2. You acknowledge that GBB’s name, logo and Content is protected by world wide intellectual property rights, including but not limited to tradename rights, trademarks rights and copyrights. Without prior written consent of GBB usage thereof in anyway form or shape is forbidden, including but not limited to any (partial): duplication, publication or imitation of the Content, name or logo.

6. Health Disclaimer
6.1. You acknowledge that any fitness or nutrition Content in the GAINSBYBRAINS App or provided by GBB should not be considered as medical/nutritional advice. The content GBB provides is not a substitute for professional nutritional or medical guidance, but is merely informational.
6.2. You acknowledge that you will consult your doctor before trying any workout or nutritional plans provided by GBB to safeguard dietary suitability and your health. This is in any case highly recommend if you have a (family) history of medical conditions, such as but not limited to: joint/muscle/bone problems, heart disease, high cholesterol, high blood pressure, chest pain, obesity or allergies. In this regard we emphasize that we do not possess nutritional or medical qualifications and thus cannot provide any advice in connection thereof.
6.3. You acknowledge the risks associated with engaging in physical activity and accept sole responsibility for any physical injuries that may occur while using the GAINSBYBRAINS App or its Content.
6.4. If you experience faintness, shortness of breath, or dizziness during physical exercises, discontinue immediately and consult your doctor.
6.5. If you are pregnant, you must obtain approval from your doctor before using the GAINSBYBRAINS App or its Content.

7. Results Disclaimer
7.1. You acknowledge that the GAINSBYBRAINS App does not guarantee any results in any way form or shape and understand that outcomes can differ from one person to another.

8. Duration, Termination and suspension
8.1. The duration of the Right of Use is subject to the subscription concluded via the AppStore.
8.2. GBB is in its own discretion entitled to suspend or terminate your Account if you breach the Terms and/or Standard EULA.
8.3. Failure to comply with the Terms and/or Standard EULA may also lead to legal actions, including but not limited to claims for damages.
8.4. GBB may (partially) discontinue the GAINSBYBRAINS App or the Content if this is necessary in its own discretion.

9. Governing Law
9.1. The legal relationship between you and GBB and any non-contractual obligation arising out of or in connection with the GAINSBYBRAINS App is governed exclusively by Dutch law.
9.2. The Amsterdam District Court in the Netherlands has exclusive jurisdiction to settle all disputes arising out of or in connection with the GAINSBYBRAINS App, including disputes about any non-contractual obligations, without prejudice to mandatory provisions of law.