These Terms of Service ("Terms") are a contract between you and Marvian Tech Ltd ("GainzMate", "we", "us") governing your use of the GainzMate mobile app (the "App") and the gainzmate.com website. By creating an account or using the App, you agree to these Terms and to our Privacy Policy.
1. Eligibility
You must be at least 13 years old (or the minimum age in your country) to use the App. If you are under the age of majority, you must have a parent or guardian's permission.
2. Your account
- You're responsible for the accuracy of your information and for keeping your account secure. You may sign in with email/password, Sign in with Apple, or Google.
- You're responsible for activity under your account. Notify us of any unauthorized use.
- You can delete your account at any time in Settings → Delete account.
3. The service
GainzMate helps you log food, track calories and macros, set goals, view progress, and stay accountable with friends and coaches. Features may include AI-assisted logging, barcode scanning, photo logging, reminders, analytics, and an optional paid subscription.
We may add, change, or discontinue features. We may also suspend or terminate accounts that violate these Terms.
4. Acceptable use
You agree not to:
- Break the law or infringe others' rights.
- Upload content that is harassing, hateful, sexual, violent, deceptive, or otherwise objectionable.
- Harass, impersonate, or abuse other users or coaches.
- Attempt to access data you're not authorized to, reverse engineer, scrape, or disrupt the service or its security.
- Use bots, scrapers, or automated means to extract content or data from the App, or use any content from the App to train, fine-tune, or evaluate a machine-learning model.
- Resell, sublicense, or provide the App as a service to others, or use it to build a competing product.
- Misuse AI features to generate prohibited content, or submit content you have no right to submit.
We operate a zero-tolerance policy for objectionable content and abusive behavior.
5. User content, social features, and moderation
- Your content (meals, photos, comments, feedback, profile) remains yours. You grant us a limited license to host, process, and display it to operate the App and to share it with the people you choose (friends/coaches).
- You can hide individual meals from the social feed, report content or users, and block users. Blocking removes that user's content and interactions from you.
- We may review reported content and remove content or suspend accounts that violate these Terms, typically within 24 hours of a report.
- You are responsible for content you post and for obtaining any rights needed to post it.
6. AI features and nutrition disclaimer
- AI meal estimates, insights, and recommendations are automated estimates, may be inaccurate, and are provided for general informational purposes only.
- The App does not provide medical, clinical, or professional dietary advice and is not a substitute for a qualified professional. Consult a doctor or registered dietitian before making health decisions, especially if you have a medical condition or eating disorder.
- AI features require your explicit consent to send data to a third-party AI provider, which you can withdraw anytime (see the Privacy Policy).
7. Subscriptions (GainzMate Pro)
- GainzMate Pro is an auto-renewable subscription sold through Apple. Pricing, billing period, and any free trial are shown on the paywall before purchase, in your local currency.
- Payment is charged to your Apple ID. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period.
- Manage or cancel anytime in your App Store account settings. Deleting your GainzMate account does not cancel an Apple subscription.
- Restore previous purchases from the paywall (“Restore”). Refunds are handled by Apple under the App Store terms.
Cancel directly in your App Store subscription settings.
8. App Store terms (Apple)
You download GainzMate from Apple's App Store, and Apple requires the following terms. They apply in addition to everything else here.
- This agreement is with us, not Apple. These Terms are concluded between you and Marvian Tech Ltd only. Apple is not a party to them, and we — not Apple — are solely responsible for the App and its content.
- Your licence. We grant you a personal, non-transferable licence to use the App on any Apple-branded device you own or control, as permitted by the App Store Usage Rules, including through Family Sharing where enabled.
- Maintenance and support. We are solely responsible for support. Apple has no obligation to provide any maintenance or support for the App.
- Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
- Product claims. We, not Apple, are responsible for addressing any claim relating to the App, including product liability, any failure to conform to legal or regulatory requirements, claims under consumer protection or similar law, and claims arising from the App's use of HealthKit (see the Privacy Policy for how Apple Health data is handled).
- Intellectual property claims. If a third party claims the App infringes their intellectual property, we — not Apple — are responsible for investigating, defending, settling, and discharging that claim.
- Legal compliance. You confirm that you are not located in a country subject to a US Government embargo or designated as “terrorist supporting”, and that you are not listed on any US Government list of prohibited or restricted parties.
- Third-party terms. You must comply with any applicable third-party terms when using the App — for example your wireless data plan.
- Apple can enforce these Terms. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance Apple has the right to enforce them against you as a third-party beneficiary.
- Questions or complaints about the App should go to us at support@gainzmate.com · marvian.tech.
9. Third-party services
The App relies on services we do not control, including Apple (App Store, sign-in, push notifications, subscriptions, Apple Health), our AI provider, and food databases such as Open Food Facts and USDA FoodData Central.
Product and nutrition data from third-party databases is supplied by those sources and may be incomplete, outdated, or wrong — treat it the same way you treat an AI estimate, and check anything that matters. We are not responsible for third-party services, and their availability or terms may change.
10. Intellectual property and feedback
The App, its design, and our trademarks are owned by us or our licensors. These Terms don't grant you rights to our branding except to use the App as intended.
If you send us feedback, suggestions, or feature ideas, you grant us a perpetual, worldwide, royalty-free right to use them without restriction or obligation to you. We would rather hear your idea than be unable to act on it — but this means you should not send us anything you consider confidential.
11. Copyright complaints
If you believe content in the App infringes your copyright, email support@gainzmate.com with: enough detail to identify the work; where the content sits in the App; your contact details; a statement that you believe in good faith the use is not authorised; a statement that the information is accurate and that you are the rights holder or authorised to act for them; and your signature (electronic is fine).
We remove infringing content and may terminate the accounts of repeat infringers.
12. Indemnity
To the extent permitted by law, you agree to indemnify Marvian Tech Ltd against claims, losses, and reasonable costs arising from your misuse of the App, your breach of these Terms, or content you post that infringes someone's rights. This does not apply to the extent the claim arises from our own breach or negligence, and it does not limit your mandatory consumer rights.
13. Disclaimers
The App is provided “as is” and “as available” without warranties of any kind, to the maximum extent permitted by law. We don't warrant that estimates are accurate or that the service will be uninterrupted or error-free.
14. Limitation of liability
To the maximum extent permitted by law, Marvian Tech Ltd will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or profits, arising from your use of the App. Our total liability is limited to the greater of (a) the total amount you paid us in the 12 months before the claim, or (b) EUR 100. These limits do not apply where liability cannot legally be excluded or limited — including fraud, wilful misconduct, death or personal injury caused by negligence, or your mandatory consumer rights.
15. Termination
You may stop using the App and delete your account at any time. We may suspend or terminate access for violations of these Terms or to protect the service and its users.
16. Consumer rights (UK / EU)
Nothing in these Terms removes rights you have as a consumer that cannot be waived by agreement.
- Right of withdrawal. For distance purchases, consumers in the UK and EU generally have 14 days to withdraw. Because GainzMate Pro is sold by Apple and delivered immediately, this right may end once you agree to immediate performance at purchase — and in any case refunds are handled by Apple under the App Store terms.
- Faulty digital content. If the App is faulty or not as described, you have statutory remedies that these Terms do not affect.
- Dispute resolution. Please contact us first at support@gainzmate.com — most problems are quicker to fix directly. If we cannot resolve it, you can find an approved body for your country in the European Commission's directory of dispute resolution bodies.
The EU's Online Dispute Resolution (ODR) platform was switched off on 20 July 2025. Traders were required to remove links to it, so we point to the Commission's replacement directory instead.
17. Governing law & disputes
These Terms are governed by the laws of the Republic of Cyprus, without regard to conflict-of-laws rules. Disputes will be brought before the competent courts of the Republic of Cyprus — subject to any mandatory consumer rights that let you bring a claim where you live, and, if you are a consumer in the UK or EU, to the protections of the mandatory law of your country of residence.
18. General
- Severability. If a provision is held unenforceable, the rest stays in force and that provision applies to the maximum extent permitted.
- No waiver. If we don't enforce a right straight away, we haven't given it up.
- Assignment. You may not transfer these Terms without our consent. We may transfer them to a successor in a merger, acquisition, or sale of assets, provided your rights are not reduced.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the App and replace anything said beforehand.
- Events outside our control. We are not liable for failures caused by events beyond our reasonable control, such as outages at infrastructure providers, network failures, or acts of government.
- Notices. We'll reach you at your account email or by in-app message; reach us at support@gainzmate.com.
- Survival. Sections that by their nature should outlast your account — intellectual property, disclaimers, limitation of liability, indemnity, and governing law — continue to apply after it ends.
19. Changes
We may update these Terms. For material changes we'll give notice in the App and update the “Last updated” date, and where the law requires it we'll ask for your agreement. Continued use after changes take effect means you accept them. If you don't accept them, you can stop using the App and delete your account.
20. Contact
support@gainzmate.com · Marvian Tech Ltd · marvian.tech.
