Terms of Use

Agreement to Terms

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, web application, WhatsApp-based coaching services, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Service").

You agree that by accessing the Service, 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 Service and must discontinue use immediately.

Description of Services

onlygains.ai provides AI-powered fitness coaching services through WhatsApp and a web-based platform. Our services include:

• AI-generated personalized workout plans based on your goals, fitness level, and preferences
• AI-generated personalized nutrition plans tailored to your dietary needs and goals
• 24/7 AI coaching support via WhatsApp conversations
• Progress tracking for workouts, nutrition, and fitness metrics
• Assessment tools for initial, daily, weekly, and monthly progress reviews
• Web dashboard for viewing plans, tracking progress, and managing your fitness journey
• Optional Coach Managed Plans with access to human fitness coaches

Our services are delivered primarily through WhatsApp messaging and accessible via web browser. No app download is required, though you may install our Progressive Web App (PWA) for enhanced experience.

Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (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.

The Content and the Marks are provided on the Service "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Service 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.

User Representations

By using the Service, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these Terms of Use;
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Service;
• You will not access the Service through automated or non-human means, whether through a bot, script or otherwise;
• You will not use the Service for any illegal or unauthorized purpose;
• Your use of the Service will not violate any applicable law or regulation.

User Registration

You may be required to register with the Service to access certain features. 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.

Subscriptions and Plans

We offer the following subscription plans:

• Free Plan: Basic access with limited features, including one-time workout and nutrition plan generation. No payment required.
• Pro Plan: Full access to all features including unlimited AI chats, unlimited plan updates, unlimited activity logging, and all platform features. Requires monthly or yearly subscription payment.
• Coach Managed Plan: Access to a human fitness coach in addition to AI features. Requires subscription payment to the assigned coach.

Subscription Renewal: Paid subscriptions will automatically renew at the end of each billing period (monthly or yearly) unless cancelled before the renewal date. You authorize us to charge your payment method for the renewal period.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting customer support. If you cancel a subscription, you will continue to have access to the service until the end of your current billing period. No refunds will be provided for the current billing period unless required by law.

Plan Changes: You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, while downgrades take effect at the start of your next billing cycle.

Purchases and Payment

All payments for subscriptions are processed securely through Razorpay, our payment processor. 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.

Payment Terms: All prices are displayed in Indian Rupees (INR) unless otherwise stated. Prices are subject to change, but changes will not affect subscriptions already in effect. You are responsible for any applicable taxes, duties, or fees.

Failed Payments: If a payment fails, we will attempt to process it again. If payment continues to fail, we reserve the right to suspend or terminate your subscription and access to paid features until payment is successfully processed.

Refunds: Refunds are generally not provided for subscription fees except as required by law or at our sole discretion. If you believe you are entitled to a refund, please contact customer support.

AI Coaching Services

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:

• AI-generated coaching recommendations are not a substitute for professional medical advice, diagnosis, or treatment;
• You should consult with qualified healthcare professionals before starting any fitness program, especially if you have pre-existing health conditions, injuries, or medical concerns;
• You use the AI coaching services at your own risk and discretion;
• The effectiveness of coaching recommendations may vary based on individual factors, adherence, and other circumstances;
• AI-generated plans are recommendations and should be adjusted based on your personal circumstances and professional medical advice when needed.

WhatsApp Integration

Our service integrates with WhatsApp to deliver coaching communications, reminders, and support. 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 activity level. Standard messaging rates from your carrier may apply. We do not guarantee 24/7 availability of the WhatsApp integration service, though we strive to maintain high availability.

Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service 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:

• Attempting to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service;
• Attempting to impersonate another user or person;
• Using the Service to advertise or offer to sell goods and services without authorization;
• Engaging in unauthorized framing of or linking to the Service;
• Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party's use of the Service;
• Using data mining, robots, or similar data gathering and extraction methods;
• Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Service to you;
• Sharing your account credentials with others or allowing unauthorized access to your account.

Limitation of Liability

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 SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Indemnification

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 Service; (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 Service with whom you connected via the Service.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Service. 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 SERVICE (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 may terminate your use or participation in the Service or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service 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 Service.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute relating hereto shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India.

Dispute Resolution

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 Arbitration and Conciliation Act, 2015 of India.

The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Bangalore, Karnataka, India. The language of the arbitration shall be English.

Contact Us

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