Effective Date: December 17th, 2025
Welcome to Net Gains. These Terms govern your access to and use of the Net Gains mobile application, website, and related services (“Services”). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
You must be at least 13 years old to use Net Gains. We do not knowingly collect personal information from children under 13; if we learn that we have, we will delete it and disable the account. If you are 13–17, you may use the Services only with a parent or legal guardian's consent; by using the Services, you represent that you have that consent and that your parent or guardian agrees to these Terms on your behalf. If you are in the EEA or UK, you must meet your country's digital-consent age (often 16 in the EEA and 13 in the UK) or have verifiable parental consent. California residents under 16: we do not sell or share personal information unless you (or your parent/guardian) opt in, and you may opt out at any time. To report underage use or request deletion, contact support@netgains.app
Provide accurate, current information, keep your credentials confidential, and notify us promptly of unauthorized use. We may require identity or age verification where legally required.
We grant a personal, limited, revocable, non-transferable license to use the Services for lawful, personal purposes. You may not copy, modify, distribute, sell, rent, reverse-engineer, or create derivative works from the Services except where permitted by law.
You retain ownership of content you submit. You grant Net Gains a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, and distribute your content as needed to operate, protect, and improve the Services. You are responsible for your content and must have rights to share it.
Do not misuse the Services. Prohibited conduct includes scraping, spamming, uploading malware, attempting unauthorized access, interfering with or overloading systems, infringing others' rights, harassing others, or using the Services for illegal or harmful purposes.
Net Gains maintains a zero-tolerance policy for objectionable content and abusive behavior.
You are solely responsible for any content you post, upload, share, or transmit through the Services. You may not post, share, or transmit content that:
Abusive behavior includes but is not limited to: harassment, bullying, stalking, threats, hate speech, coordinated attacks, or any conduct intended to intimidate or harm others.
We have zero tolerance for violations of these standards. We reserve the right to:
Users who engage in prohibited conduct will face immediate account suspension or permanent ban. We do not provide warnings for severe violations.
If you encounter objectionable content or abusive behavior, please report it immediately to support@netgains.app. Include details about the violation and any relevant screenshots or evidence.
Net Gains offers informational and community features related to sports and recreation. It is not medical advice, a medical device, or a substitute for professional guidance. Consult a qualified professional before starting or changing exercise routines. Do not use the app while driving or during activities requiring full attention. Use is at your own risk.
XP, badges, streaks, leaderboards, and similar features are for entertainment and community engagement. They have no monetary value, are not transferable, and may be modified, limited, or discontinued at any time.
Some features rely on third parties (for example maps, authentication, ratings data, video, payments). Their terms and privacy policies apply in addition to these Terms. Use of the iOS or Android versions is also subject to Apple or Google platform terms; Apple and Google are third-party beneficiaries of these Terms with respect to their platforms.
Certain features may require in-app purchases or subscriptions processed by Apple or Google. Prices, taxes, and renewal terms are shown before purchase. Purchases on iOS are billed to your Apple ID and governed by Apple's policies; refund requests are handled by Apple at reportaproblem.apple.com. Purchases on Android are billed to your Google account and governed by Google Play policies; refund requests are handled by Google at play.google.com and support.google.com/googleplay. Subscriptions auto-renew unless canceled at least twenty-four hours before the current period ends; manage or cancel anytime in your device's subscription settings. Access typically continues through the paid term; charges already incurred are not prorated except where required by law. Free trials convert to paid unless canceled before the trial ends. We may change offerings or pricing prospectively with required notice and a chance to cancel. If we ever sell digital content or services directly, your local consumer-law rights and any posted refund terms will apply; contact support@netgains.app for help.
Where required by law, we present clear renewal terms at signup, obtain affirmative consent, send post-purchase confirmations, provide advance notice of material changes, and offer a simple online method to cancel.
If you submit ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without compensation or obligation.
We may offer experimental or beta features that may be incomplete, change without notice, or be discontinued. They are provided “as is.”
Our collection and use of personal data are described in the Net Gains Privacy Policy. By using the Services, you consent to those practices, including cookies, device identifiers, and analytics. Location services and notifications operate only with your device permissions and can be adjusted in system settings.
All software, logos, trademarks, and other materials in the Services are owned by Net Gains or its licensors and protected by law. No rights are granted except as expressly stated.
If you believe content in the Services infringes your copyright, send a written notice containing the elements required by 17 U.S.C. §512 to our designated agent.
Designated Agent: Net Gains DMCA Agent, dmca@netgains.app. We may remove content and terminate repeat infringers as appropriate. If your content was removed, you may send a counter-notice that meets §512 requirements.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for other reasonably foreseeable loss or damage, and to repair or replacement if goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 for consumers; if you acquire the Services for business purposes, the CGA does not apply.
Provincial consumer rights, including Québec's Consumer Protection Act, may provide non-waivable protections; nothing here limits those rights.
Consumers have statutory rights that cannot be excluded. For distance purchases of digital content, a fourteen-day right of withdrawal may apply unless you choose immediate supply; by obtaining immediate supply of in-app digital content, you consent to immediate delivery and acknowledge the withdrawal right ends once delivery begins. Digital content must be as described and of satisfactory quality; where not, you may be entitled to repair, replacement, or refund under local law.
We may suspend or terminate access if you violate these Terms, pose risks to the Services or other users, or where required by law. You may stop using the Services at any time. Provisions that by their nature survive termination remain in effect.
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or usage of trade. We do not guarantee uninterrupted or error-free operation.
To the fullest extent permitted by law, Net Gains and its affiliates are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or revenue. Our aggregate liability for claims relating to the Services will not exceed the greater of amounts you paid in the twelve months before the claim or one hundred U.S. dollars. Some jurisdictions do not allow certain limitations; your rights may vary.
You agree to defend, indemnify, and hold harmless Net Gains and its affiliates from claims, damages, liabilities, and expenses arising from your content, your use of the Services, or your violation of these Terms or applicable law.
Disputes will be resolved through binding individual arbitration rather than in court, except you may bring matters in small-claims court or seek injunctive relief for intellectual-property misuse. You and Net Gains waive any right to a jury trial or to participate in class or representative actions. You may opt out of arbitration within thirty days of first accepting these Terms by emailing support@netgains.app with “Arbitration Opt-Out,” your name, and the email tied to your account. Nothing here limits rights that cannot be waived under applicable law.
Except where prohibited by local law, these Terms are governed by Delaware law without regard to conflicts rules. Subject to the arbitration clause, exclusive venue lies in the state or federal courts in Delaware. If you are a consumer in the EEA or UK, mandatory consumer-protection laws of your country of residence may apply.
You may not use or export the Services in violation of U.S. or other applicable export control and sanctions laws.
We may change or discontinue features at any time. We may update these Terms; continued use after an update means you accept the revised Terms. If changes materially affect your rights, we will provide notice as required by law.
If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain in effect. You may not assign or transfer these Terms without our prior consent; we may assign them in connection with a merger, acquisition, or asset transfer. These Terms, together with referenced policies, are the entire agreement between you and Net Gains regarding the Services.
Questions or concerns about these Terms: support@netgains.app.