Last Updated: July 15, 2024
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and onlygains.ai ("Company," "we," "us," or "our"), concerning your access to and use of the onlygains.ai website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms, you are NOT permitted from using the Site and must discontinue use immediately.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site, you represent and warrant that:
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the descriptions, information, and pricing of the products and services available through our Site. However, we do not warrant that product or service descriptions, information, pricing, or other content on the Site is accurate, complete, reliable, current, or error-free.
We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Our platform uses artificial intelligence and machine learning algorithms to provide personalized fitness coaching services. While we strive for accuracy and quality in our AI-generated content, we do not guarantee that the AI coaching recommendations will be suitable for all individuals or specific health conditions.
You acknowledge that:
Our service integrates with WhatsApp to deliver coaching communications. By using this feature, you agree to comply with WhatsApp's terms of service in addition to our own. We are not responsible for any changes, limitations, or disruptions to the WhatsApp service that may affect our integration.
You understand that message frequency may vary depending on your coaching plan, and standard messaging rates from your carrier may apply. We do not guarantee 24/7 availability of the WhatsApp integration service.
We accept various payment methods for the purchase of our services. All payments are processed securely through our payment processors. By providing your payment information, you represent and warrant that you have the legal right to use any payment method(s) in connection with a purchase.
Subscription services will automatically renew until cancelled. You may cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel a subscription, you will continue to have access to the service until the end of your current billing period.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Prohibited activities include, but are not limited to:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
These Terms shall be governed by and defined following the laws of the State of California, and any dispute relating hereto shall be subject to the exclusive jurisdiction of the courts in San Francisco County, California.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the American Arbitration Association, which rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be San Francisco, California. The language of the arbitration shall be English.
If you have any questions about these Terms of Use, please contact us at:
Email: me+legal@chaitanyagiri.in
Address: Chaitanya Information Technologies, GROUND FLOOR, Ward No 16,
PALIKA ROAD, SHANTI NAGAR, Durg,
CG, India 490021