Beta terms of use

1. Acceptance and version

These terms govern the use of the GainOS app during the beta. They apply together with the Privacy policy. GainOS is offered by GainOS LLC, referred to here as GainOS.

You accept these terms and state that you are 18 or over by checking the acceptance box at waitlist sign-up or, since app version 1.6.0, on the Criar conta (Create account) screen. The consents to sending data to the AI provider and to the international transfer are requested together, in a second box, separate from the acceptance. The waitlist sign-up and the app record the accepted version, shown at the top of this page.

Anyone who created their account before version 1.6.0 sees the O combinado (The deal) screen in the app, with the same two boxes, before any other screen, and can only continue after accepting. Versions earlier than 1.6.0 do not ask for this acceptance: update the app through TestFlight. If you do not agree, do not use the app and delete your account, under Você > Configurações > Excluir conta (You > Settings > Delete account).

These terms exist in Portuguese and in English, and the two versions have the same value: they say the same thing, change together and always have the same version number. If a sentence can be read in different ways in the two languages, the reading most favorable to you applies. The app exists only in Portuguese, so the English version quotes the names shown in the app (screens, buttons and labels) in Portuguese, with the translation in parentheses.

2. What the beta is

GainOS is an iPhone app for training, nutrition and progress tracking, with an artificial intelligence assistant. In the beta, you receive a test version to use and comment on. The features in this phase are:

• Training: a plan generated from your profile; exercise details, with images and animations; substitutions; importing a workout by text or voice; adjusting the plan through comments; redoing the week, changing the frequency or generating a new plan; Modo Academia (Gym Mode), rest timer and history.
• Nutrition: calorie and macronutrient targets per meal; logging by photo of a dish, label or package, barcode, product search, text or voice description, repeat or manual entry; a suggested menu based on the TACO table; importing your dietitian's plan; water and supplements.
• Coach, called Allday in the app: questions about training, eating, sleep and recovery, with options to review the day's eating, tell what you ate without judgment, ask for a workout and analyze your progress. Conversations are kept on the server until you delete them or delete your account. If you turn on memory, Allday keeps sentences of yours and uses them in later conversations, in workout adjustments and in assessments.
• Progress: trends in weight, lean mass and energy expenditure; progress assessments, when you ask for one and, unless you turn them off, every 4 weeks, with suggestions that only apply if you approve them; progress photos with AI comparison.
• Apple Health and Apple Watch: reading workouts, heart rate, sleep, steps, weigh-ins and other data you allow, with AI analysis.
• Social: friends added by email, messages, sharing workout days, the community wall and badges.
• Notifications: reminders on the device, notices from friends and announcements about the beta, with no advertising.

3. Who can take part

GainOS is intended exclusively for people 18 or over. By accepting these terms, you state that you are 18 or over.

The reason: the app processes health data based on your consent, uses an AI provider whose terms require users to be 18 or over, and depends on your legal capacity to accept these terms. If we learn that an account belongs to a minor, it will be closed and the data deleted.

You need a compatible iPhone and Apple's TestFlight app. There is no Android version yet. Invitations go to the email you signed up with, in small batches, in the order and by the criteria we set. Joining the list does not ensure an invitation. When the public TestFlight link is open, it is also possible to join through it, without the waitlist.

4. Your account

You create the account with a name, email and password. Use an email address that is yours: the app does not yet confirm the address at sign-up, and the email is how you recover your password, how we talk to you and how friends find you. The account is personal and non-transferable. Keep your password confidential. You are responsible for the use made of it, unless the unauthorized access results from a failure on our part.

Your sign-up name is shown to your friends and to anyone who sends a friend request to your email, even before you accept. Your friends also see your email, your weight and your recent workouts. The name also appears on the community wall, visible to all users, in the messages you post and in the badge messages the app posts in your name. Today the app does not let you change the account's name or email: to correct either of them, write to {{CONTACT_EMAIL}}.

Enter truthful data in your profile, because plans and estimates depend on it.

Signing out does not delete the data stored on the iPhone. If you share the device, sign out and then delete the app.

5. Artificial intelligence and estimates

Plans, coach answers, analyses and estimates are made by artificial intelligence, with the data you enter and log. To use the app, you consent to sending this data, including health data, to the AI provider. The Privacy policy says who it is, how it handles the data and which data goes with each feature.

Sending this data is a condition of use. There is no mode without AI today: refusing means not using the app, and withdrawing consent means closing the account.

The coach, which is called Allday in the app, is an AI system, not a person or a professional. Everything the AI produces is an estimate and may contain errors. Estimates of a dish from a photo are usually off by between 20% and 40%, and a photo of a label is more accurate.

No AI result is applied to your plan, your targets or your entries without your approval. Review before approving. When the AI does not respond, a calculation of our own, without AI, takes over, and the app flags the result, for example with the 'Versão básica' (Basic version) label. In the coach, the basic-answer notice only appears until you close the app.

Using identified data to improve the product depends on another consent, separate and optional, which the app does not ask for yet. Refusing changes nothing about your access.

6. Health

GainOS is a fitness and wellness app. It is not a health service, does not diagnose, does not prescribe diets for people who have a disease, does not treat pain, injury or disease and does not replace doctors, dietitians or physical education professionals.

Plans, targets, menus and coach answers are general suggestions. When you enter an injury or limitation, the app avoids exercises that load the area you mentioned and suggests others. These swaps are general suggestions, not treatment. If you feel pain, see a doctor or physical therapist before training.

Restrictions, allergies and intolerances you enter are used only to avoid foods in suggestions. This is not a therapeutic diet. If you have a diagnosed disease, allergy or intolerance, follow the guidance of your doctor or dietitian.

Progress photo comparison is a visual estimate made by AI: it does not measure body fat or lean mass and can be quite wrong. The health analysis with Apple Watch data comments on recovery and fitness trends. It does not detect, monitor or rule out diseases, including heart disease. Before any decision about your health, talk to a doctor.

Consult a professional before starting or changing your training or eating, especially if you have a health condition, are pregnant, take medication or feel pain. Stop exercising and seek help if you feel chest pain, shortness of breath, dizziness or severe pain.

The app has safeguards, which are not guarantees: a calorie floor (the higher of two values: 1,200 kcal for women or 1,500 kcal for men, and 75% of the estimated expenditure); a deficit of at most 25%; changes of up to 250 kcal per analysis, at 14-day intervals; below a BMI of 18.5, no monthly weigh-in reminder and no automatic progress assessment; nothing applied without approval; the health analysis, which is only offered after some data arrives from the Health app and which instructs the AI not to estimate or score a signal that did not arrive, only to say that it was missing; and the 'Versão básica' (Basic version) label when the AI does not respond.

If you use a dietitian's plan, the app keeps that plan's targets and advises that adjustments be made with that professional. If a target falls below the calorie floor, the app applies the floor, shows the original value and suggests checking with the professional.

7. Usage and community rules

By using GainOS, you agree to:

• Treat other users with respect, and not post insults, harassment, hate speech, threats, or sexual or violent content, nor encourage eating disorders or dangerous practices.
• Not post other people's personal data without their authorization.
• Add as a friend only people you know, using the email that person uses.
• Import only workout or nutrition plans that you have the right to use and share, such as the plan your dietitian made for you.
• Not try to access other people's accounts or data, get around limits, overload the service, copy the app or extract data in an automated way.
• Not use the app for illegal purposes.

8. Moderation and reports

The wall rejects messages with offensive words. In messages with friends, a filter flags offensive words, but the message is delivered and the flag is recorded. Messages with friends are private: we only read them when someone in the conversation reports them and sends them to us, or under a court order.

There is no report or block button in the app yet. To report a message or a user, write to {{CONTACT_EMAIL}} with the person's name and, if you can, a screenshot.

We review each report. We may warn, suspend or close the account of anyone who breaks these rules. There is not yet a tool, in the app or for us, to delete a specific message from the wall: it comes off when newer ones replace it or when the account of the person who posted it is deleted. We inform the person who made the report of the outcome.

If we take action against you, we tell you the reason through the account's email, and you can challenge it at {{CONTACT_EMAIL}}. We review the decision and reply.

What you post on the wall, in messages and in shared workouts remains yours. You grant us a free, non-exclusive license, only to store, display and deliver this content to the people you sent it to, including after the account is deleted, in the cases and within the periods set out in the Privacy policy. This also applies to the badge messages the app posts on the wall in your name.

9. Feedback and intellectual property

This clause covers the feedback you send about GainOS. Read it carefully: it transfers rights to GainOS without payment.

Feedback is what you send to comment on the product: suggestions, ideas, bug reports, comments, survey answers, and screenshots or recordings sent as feedback, including through TestFlight or by email.

Not feedback: your personal data and the content you log to use the app, such as workouts, meals, photos, measurements, conversations with the coach, messages and the comments to adjust your plan. Requests about your data, reports of wrongdoing and complaints are not feedback either. This content remains yours and follows the Privacy policy.

If a piece of feedback includes personal data, for example a screenshot that shows your weight or your meals, the assignment applies only to the suggestion or the report. The personal data remains yours and follows the Privacy policy.

Assignment. To the extent the law allows, you assign to GainOS LLC, free of charge, permanently, worldwide and for the entire term of protection, the author's economic rights in the feedback, for any existing form of use, such as reproducing, adapting, translating, distributing, incorporating into the product and exploiting commercially (Brazil's Copyright Law, Lei 9.610/1998, arts. 49 and 50).

License, if the assignment is not valid. If any part of the assignment is not valid, you grant GainOS LLC a free, irrevocable, perpetual, worldwide, non-exclusive and sublicensable license to use the feedback in the same ways.

Feedback sent through TestFlight. For feedback that arrives through TestFlight, including screenshots and device data that Apple attaches, this rule prevails over the assignment and the license above: it is used only to improve GainOS. We do not sell it, license it or pass it on to third parties, except to service providers that process it on our behalf and cannot use it for any other purpose.

Moral rights. Your moral rights as author stay with you, because the law does not allow them to be assigned or waived (art. 27 of Law No. 9,610/1998). We do not publish your feedback with your name without your authorization and, if you ask, we credit you as the author when it is published.

The assignment and the license are free of charge. You will not be entitled to any remuneration, royalty, payment or share for the feedback or for its use, including in results, revenue, profits or the company's value, now or in the future.

Patents. If your feedback describes an invention or a utility model that you created, you assign to GainOS LLC the right to apply for the patent and to be its owner (Brazil's Industrial Property Law, Lei 9.279/1996, art. 6, § 2). You keep the right to be named as the inventor, or to ask that your name not be disclosed (art. 6, § 4). If we need any document for this, you cooperate, and the costs are ours.

Ideas are not protected by copyright (Lei 9.610/1998, art. 8). That is why GainOS may create, on its own, features similar to what you suggested, without owing anything for it. Do not send as feedback confidential information, third parties' secrets or health data that is not needed to explain the problem.

Sending feedback is voluntary. This acceptance applies to each piece of feedback sent during the beta, for the maximum term of five years set for future works (Lei 9.610/1998, art. 51). The license above continues to apply to whatever falls outside that term.

10. GainOS ownership and license to use

The app, the code, the design, the text, the GainOS brand and the content we create belong to GainOS LLC or to whoever licensed them to us. These terms do not transfer any of these rights to you.

During the beta, you receive a personal, free, non-exclusive and non-transferable license to install and use the app through TestFlight, for your own use. The license ends when the beta or your participation ends.

You may not copy, sell, distribute or modify the app, or try to obtain its source code, except where the law allows it.

Third-party content follows each source's license: product data from Open Food Facts (ODbL license), including Nutri-Score, NOVA group and additives; the Brazilian Food Composition Table (TACO, NEPA/UNICAMP); exercise images from free-exercise-db; and animations from WorkoutX.

Product data from Open Food Facts and the TACO table comes from those sources and may contain errors. We do not check each item. Check the label whenever you can. This does not exclude our legal liability.

11. Nature of the beta

The beta is a test version. It may have errors, lose functions, go offline, change from one version to another or be interrupted. We make no commitment to availability, to deadlines or that a feature will continue.

Each TestFlight build works for up to 90 days. After that, you need to install the newest build to continue.

The beta server is a test environment. When the beta ends, the data may be migrated to the final version or deleted. We will let you know beforehand, with time for you to ask for a copy of your data or for its deletion before the migration.

We recommend keeping a separate copy of whatever is important to you. You can ask for a copy of your data at any time at {{CONTACT_EMAIL}}.

We may end the beta with at least 15 days' notice, except for security reasons or legal requirements.

12. Free participation

The beta is free. You pay nothing for the app or for features within it, and GainOS does not pay you for testing, using or sending feedback.

Taking part does not create an employment, service-provision or partnership relationship.

13. Liability

We are liable for the damage we cause, under Brazil's Consumer Protection Code (CDC) and Brazil's General Data Protection Law (LGPD). Nothing in these terms excludes or limits rights that the law grants you.

We inform you of the risks so that you can use the app in an informed way: estimates may contain errors, data from public sources may contain errors, the beta may become unavailable and the beta data may be migrated or deleted, with notice. This information does not exclude our legal liability.

We are not liable for damage caused exclusively by you or by third parties, in the cases provided for by law (CDC, art. 14, § 3).

Content from other users is the responsibility of whoever posts it. We act when we receive a report, as described in Moderation and reports.

14. Suspension and termination

You can stop using the app and delete your account at any time, at no cost, in the app itself or by email, as described in Account and data deletion.

We may suspend or close an account that violates these terms or the law. Before that, we notify you through the account's email, explain the reason and give you time to respond. In serious cases, such as risk to other people, a court order or use by someone under 18, we may act first and notify you right after. You can challenge any action at {{CONTACT_EMAIL}}.

Upon termination, the license to use ends, and the data follows what the Privacy policy says.

15. Account and data deletion

You can delete your account in the app itself, under Você > Configurações > Excluir conta (You > Settings > Delete account). The app asks for your password and one last confirmation. Deletion happens right away and cannot be undone. It deletes the account and the data stored about you on the server, including your conversations with Allday, what it remembers, friendships, conversations with friends, shared workouts and your messages on the wall. It also deletes the data stored on the iPhone on which you carried out the deletion. Some items remain, as explained below. If the deletion does not finish, part of the data may already have been deleted, but the account still exists, and you can try again.

Some items remain after deletion. With other people: notifications already delivered to friends and copies they already have, such as a workout day a friend has already adopted, which may stay in their plan and, on their device, with your name. On another iPhone where you used the account: the data stored on it, until you delete the app on that device. With us and our suppliers: the text of the limitations you entered, in the exercise-details cache, with no link to your account, for up to 30 days; what the AI provider has already received, for up to 55 days; the server's technical logs, which the hosting provider keeps for its own period; usage statistics without content, kept with no link to you; and what the law requires us to keep. Deleting in the app also does not remove you from the site's waitlist: for that, write to {{CONTACT_EMAIL}}. The Privacy policy has the complete list.

To withdraw consent to sending data to the AI provider, the way today is also to delete the account, in the app or by email, because the app has no mode without AI.

Deleting the app from the iPhone removes almost all the data stored on it, but does not delete the account. The session stays in the iOS Keychain even after the app is deleted, so sign out before deleting it.

You can also request deletion at {{CONTACT_EMAIL}}, preferably from the account's email, for example if you can no longer get into the app. We end the sessions as soon as we confirm the request, delete the account and the data within 15 days and confirm when we are done.

16. Changes to these terms

We may change these terms, for example when a new feature comes to the app. Each version has a number, shown at the top.

When a change is relevant, we let you know in the app or by email at least 15 days before it takes effect, unless the law requires otherwise. If you do not agree, you can close your account before then, at no cost. Changes that affect a consent only take effect with a new acceptance from you.

17. Governing law and venue

These terms are governed by the laws of Brazil, including the Consumer Protection Code (CDC), the LGPD and the Marco Civil da Internet (Brazil's Internet Civil Rights Framework).

You can file a lawsuit in the venue of your domicile. Before that, if you wish, talk to us, and we will try to resolve it amicably. You can also turn to consumer protection agencies.

18. Contact

GainOS LLC. Email: {{CONTACT_EMAIL}}. This is also the channel for questions, reports, challenges, data requests and account deletion.