Terms & Conditions

TERMS & CONDITIONS - GAINSBYBRAINS.COM 

By visiting this website and/or purchasing something from GAINSBYBRAINS B.V., you engage in the ‘Service’ and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Those Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. 

Please read these Terms of Services carefully before accessing or using the website www.gainsbybrains.com. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. GAINSBYBRAINS B.V. reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

1 – ONLINE STORE TERMS

By agreeing to these Terms of Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use this site. 

You may not use the products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.  

2 – GENERAL CONDITIONS

GAINSBYBRAINS B.V. reserves the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access the Service or any contact on the website through which the service is provided, without express written permission by GAINSBYBRAINS B.V.. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

GAINSBYBRAINS B.V. is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain historical information. Historical information, necessarily, is not current and is provided for your reference only. GAINSBYBRAINS B.V. reserves the right to modify the contents of this site at any time, but GAINSBYBRAINS B.V. has no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to this site. 

4 – RISKS OF USE

This website’s content is not a substitute for direct, personal, professional medical care and diagnosis. None of the nutrition or training programs from GAINSBYBRAINS B.V. should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. Sophie from GAINSBYBRAINS B.V. is not a medical professional and nothing on this website should be misconstrued to mean otherwise.

There may be risks associated with participating in activities mentioned on GAINSBYBRAINS B.V. for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any nutrition or training program available at GAINSBYBRAINS B.V. if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

As with any training program you assume certain risks to your health and safety. Any form of training program can cause injuries, and the training programs offered by GAINSBYBRAINS B.V. are no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included on form for each exercise, realize that GAINSBYBRAINS B.V. (like any other exercise program) does involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.

Sophie from GAINSBYBRAINS B.V. is not a medical doctor. Her advice whether it be on her website, or training programs, none of it is meant as a substitute for medical advice. You are using GAINSBYBRAINS B.V.’ plans, programs and workouts at your own risk and GAINSBYBRAINS B.V. is not responsible for any injuries or health problems you may experience or even death as a result of using GAINSBYBRAINS B.V.. 

It is to be made clear that GAINSBYBRAINS B.V. is not responsible for any injuries or health problems you may experience or even death as a result of using any products or services from gainsbybrains.com.

You agree that using the products and services of GAINSBYBRAINS B.V. is at your own risk, you accept the risks for potentially injuring yourself or other negative aspects on your health, and you agree to renounce any (legal) claims against GAINSBYBRAINS B.V.. 

5 – GENERALLY EXPECTED RESULTS

Although the products and services at GAINSBYBRAINS B.V. are intended to be fully implemented, sometimes they are not, which could result in a lack of progress/results for the user. If you implement the products and services from GAINSBYBRAINS B.V. correctly you should see amazing results, however it must be disclaimed that even when consumers implement any products or services in full from GAINSBYBRAINS B.V. it is still possible they will not get the results they may have expected and it is also possible they will not lose fat or gain muscle or achieve any positive results of any kind.

6 – TESTIMONIAL DISCLAIMER

All the transformations and testimonials are real. However, it must be disclaimed that these testimonials are not claimed to represent typical results with GAINSBYBRAINS B.V.’ programs, they are meant as a showcase of what the most motivated and dedicated people can achieve by following the personalized nutrition and training programs. Your results may vary from using GAINSBYBRAINS B.V., and you may not get the same results compared to someone else when using the services due to differences in your individual exercise history, genetics, and personal motivation/dedication. The end results you get will depend upon the individual and how much effort you put in.

7 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for the products are subject to change without notice.

GAINSBYBRAINS B.V. reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

GAINSBYBRAINS B.V. shall not be liable to you or to any other third-party for any modification, price change, suspension or discontinuance of the Service.  

8 – SERVICES

GAINSBYBRAINS B.V. reserves the right, but is not obligated, to limit the sales of Services to any person, geographic region or jurisdiction. GAINSBYBRAINS B.V. may exercise this right on a case-by-case basis. GAINSBYBRAINS B.V. reserve the right to limit quantities of any Services that are offered. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of GAINSBYBRAINS B.V.. GAINSBYBRAINS B.V. reserves the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited. 

GAINSBYBRAINS B.V. does not warrant the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

GAINSBYBRAINS B.V. reserves the right to refuse any order you places with GAINSBYBRAINS B.V.. GAINSBYBRAINS B.V. may, in sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that GAINSBYBRAINS B.V. makes a change to or cancel an order, GAINSBYBRAINS B.V. may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. GAINSBYBRAINS B.V. reserves the right to limit or prohibit orders that, in sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at the shop. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that transactions can be completed and GAINSBYBRAINS B.V. can contact you as needed.

For more detail, please review the Refund Policy.

10 – OPTIONAL TOOLS

GAINSBYBRAINS B.V. may provide you with access to third-party tools over which GAINSBYBRAINS B.V. neither monitor nor have any control nor input. 

You acknowledge and agree that GAINSBYBRAINS B.V. provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. GAINSBYBRAINS B.V. shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

GAINSBYBRAINS B.V. may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Services.

11 – THIRD-PARTY LINKS

Certain content and services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with GAINSBYBRAINS B.V.. GAINSBYBRAINS B.V. is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

GAINSBYBRAINS B.V. is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

12 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at the request of GAINSBYBRAINS B.V., you send certain specific submissions or without a request of GAINSBYBRAINS B.V., you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that GAINSBYBRAINS B.V. may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comment that you forward to GAINSBYBRAINS B.V.. GAINSBYBRAINS B.V. is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

GAINSBYBRAINS B.V. may, but has no obligation to, monitor, edit or remove content that GAINSBYBRAINS B.V. determines in sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by the Privacy Policy of GAINSBYBRAINS B.V.. To view the Privacy Policy. 

14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on this site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. GAINSBYBRAINS B.V. reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

GAINSBYBRAINS B.V. undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

15 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit other to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability: (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. GAINSBYBRAINS B.V. reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

16 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

GAINSBYBRAINS B.V. does not guarantee, represent or warrant that your use of the service will be uninterrupted, timely, secure or error-free.

GAINSBYBRAINS B.V. does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 

You agree that from time to time GAINSBYBRAINS B.V. may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by GAINSBYBRAINS B.V.) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either expressed or implied. 

In no case shall GAINSBYBRAINS B.V., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

17 – IDEMNIFICATION

You agree to indemnify, defend and hold harmless GAINSBYBRAINS B.V. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to arising our of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provisions shall nonetheless be enforceable to fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or GAINSBYBRAINS B.V.. You may terminate these Terms of Service at any time by notifying GAINSBYBRAINS B.V. that you no longer wish to use GAINSBYBRAINS B.V.’ Services, or when you cease using our site.

If in GAINSBYBRAINS B.V.’ sole judgment you fail, or it is suspected that you have failed, to comply with any term or provision of these Terms of Service, GAINSBYBRAINS B.V. may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).

20 – ENTIRE AGREEMENT

The failure of GAINSBYBRAINS B.V. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by GAINSBYBRAINS B.V. on this site or in respect to The Service constitutes the entire agreement and understanding between you and GAINSBYBRAINS B.V. and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and GAINSBYBRAINS B.V. (including, but not limited to, any prior version of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

21 – BUSINESS INFORMATION

Name Company: GAINSBYBRAINS B.V.

Address: Zekeringstraat 17A, 1014 BM, Amsterdam, The Netherlands

E-mail Address: info@gainsbybrains.com

Chamber of Commerce Number: 76549348

VAT Identification Number: NL860669816B01

 

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.