Terms of Service

Effective Date: 06.04.2026

Last Updated: 06.04.2026

These Terms of Service ("Terms") govern your use of the Gain app and related services provided by Maximilian Kürschner ("we", "us", or "our").

By downloading, installing, accessing, or using Gain, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

Gain is intended only for users who are at least 18 years old and who have the legal capacity to enter into binding agreements.

2. The Service

Gain is a minimalist workout tracking service that lets users create workout plans, log workouts, review progress, and export local data.

Gain is intended for personal workout tracking and organization only. It does not provide medical advice, diagnosis, treatment, or professional fitness coaching.

3. License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use Gain for your personal, non-commercial use.

You may not:

  • copy, distribute, sell, rent, lease, or sublicense the Service except as allowed by law
  • reverse engineer, decompile, or attempt to extract source code except where mandatory law permits it
  • interfere with the Service or attempt to bypass technical or subscription controls
  • use the Service in an unlawful manner
  • use the Service in a way that infringes our rights or the rights of others

4. Your Data

You retain rights in the workout data and other content you create in Gain.

You are responsible for:

  • the accuracy of the information you enter
  • keeping your device secure
  • managing any exported files you create
  • keeping your own backups if you want an additional copy of your data

Because Gain is local-first, deleting the app may delete locally stored app data from your device.

5. Paid Features, Purchases, and Subscriptions

### 5.1 Paid Options

Gain may offer paid features through:

  • lifetime access
  • weekly subscriptions
  • yearly subscriptions

### 5.2 Billing

Payments are processed through the Apple App Store or Google Play, and subscription management may be supported by RevenueCat.

Your purchase is also subject to the terms, billing rules, and platform policies of the applicable app store.

### 5.3 Auto-Renewing Subscriptions

Weekly and yearly subscriptions renew automatically unless canceled through the applicable app store before the renewal takes effect.

If you cancel, you generally keep access until the end of the current paid period, unless the applicable store states otherwise.

### 5.4 Free Trials

Where offered, a free trial applies only under the terms shown to you at signup. The weekly plan currently includes a 3-day free trial. Unless you cancel before the trial ends, the paid subscription begins and the store will charge your account according to the selected plan.

### 5.5 Lifetime Purchases

Lifetime access is a one-time purchase and does not auto-renew.

### 5.6 Refunds

Refunds, to the extent available, are generally handled by Apple or Google under their own policies and applicable law. We may direct you to the relevant store where the store controls billing.

Nothing in these Terms limits mandatory consumer rights you may have under applicable law.

6. Availability and Changes

We may modify, update, suspend, or discontinue all or part of the Service at any time, for example to improve functionality, address security issues, comply with legal requirements, or change product offerings.

We do not guarantee that the Service will always be available, error-free, or compatible with every device or operating system version.

7. Intellectual Property

The Service, including its software, design, branding, text, graphics, and other elements, is owned by or licensed to Maximilian Kürschner and is protected by intellectual property laws.

These Terms do not transfer any ownership rights in the Service to you.

8. Third-Party Platforms and Providers

Gain may depend on third-party services or platforms, including:

  • Apple App Store
  • Google Play
  • RevenueCat

Their services are governed by their own terms and policies. We are not responsible for third-party services to the extent permitted by law.

9. Warranty Disclaimer

Gain is provided with reasonable care. However, to the extent permitted by applicable law, the Service is provided on an "as available" basis without guarantees that it will be uninterrupted, error-free, or fit for every specific purpose.

Nothing in these Terms excludes any warranty or right that cannot be excluded under mandatory law.

10. Limitation of Liability

Nothing in these Terms limits or excludes liability where such limitation or exclusion is not permitted by law, including liability for:

  • intent or gross negligence
  • injury to life, body, or health
  • fraud
  • mandatory liability under applicable product liability law

In cases of slight negligence, we are liable only for breaches of essential contractual obligations ("Kardinalpflichten"), and in that case only for the typical, foreseeable damage.

Otherwise, our liability is excluded to the maximum extent permitted by applicable law.

11. Indemnity

You are responsible for claims arising from your unlawful use of the Service or your breach of these Terms, to the extent permitted by law.

12. Termination

These Terms apply for as long as you use the Service.

We may terminate or suspend your license to use Gain if you materially breach these Terms or if continued provision of the Service is no longer reasonably possible for legal, technical, or business reasons.

You may stop using Gain at any time by uninstalling the app.

13. Privacy

Your use of Gain is also subject to the Privacy Policy for Gain, which explains how information is processed in connection with the Service.

14. App Store Terms

If you download Gain through the Apple App Store or Google Play, you also agree to the applicable store terms.

For Apple-distributed versions of Gain, you acknowledge that these Terms are between you and us, not Apple, and that Apple is not responsible for the Service itself except as required by applicable terms.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the date above and may provide additional notice where appropriate.

16. Governing Law and Venue

These Terms are governed by the laws of Germany, excluding conflict-of-law rules, unless mandatory consumer protection law requires otherwise.

If you are a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction is Mannheim, Germany. If you are a consumer, statutory jurisdiction rules remain unaffected.

17. Contact

Maximilian Kürschner

Rheinaustr 11

68163 Mannheim

Germany

Email: mail@maximilian-kuerschner.de