These Terms of Service ("Terms") govern your use of the Ghost Gains application ("the App") provided by [YOUR LEGAL NAME OR BUSINESS NAME] ("we," "us," or "our"). By installing, accessing, or using the App, you ("you" or "User") agree to be bound by these Terms. If you do not agree, do not use the App.
You must be at least 18 years old to use the App. By using it you represent and warrant that you are 18 or older, you have full legal capacity to enter this agreement, and (if you are using it on behalf of an entity) you have authority to bind that entity.
You also confirm at the first-run age gate that you have read and agree to these Terms and the Privacy Policy.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App for your own personal, non-commercial use. We retain all rights not expressly granted.
THE APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.
Ghost Gains provides fitness tracking, nutrition tracking, and AI-generated coaching for informational and entertainment purposes only. The App does not diagnose, treat, cure, prevent, or mitigate any disease or health condition. Nothing in the App is a substitute for professional medical, nutritional, psychological, or fitness advice from a licensed practitioner.
Consult a qualified healthcare professional before starting any new diet, exercise program, supplement regimen, or behavior change — especially if you have any medical condition, are pregnant or nursing, are recovering from injury or surgery, take medication, or have a history of disordered eating.
If you experience any pain, dizziness, shortness of breath, irregular heartbeat, or any other unusual symptom while exercising, stop immediately and seek medical attention. Use of the App is at your own risk.
The App uses third-party AI providers (Google Gemini, OpenRouter / Meta Llama, ElevenLabs) to generate coaching responses, food recognition results, and other content. AI output may be inaccurate, incomplete, unexpected, inappropriate, biased, or outright wrong. We do not control, endorse, verify, or guarantee any AI output.
The App includes optional voices, including a "Roast Mode" that produces blunt, sarcastic, and intentionally provocative content as adult satire. You activate Roast Mode voluntarily and may disable it at any time. AI responses are not the views of [YOUR LEGAL NAME OR BUSINESS NAME].
Do not rely on AI output for health, medical, safety, legal, financial, or any other significant decision. Use independent professional judgment.
To use AI features, you must supply your own API keys from the relevant providers. You are responsible for: (a) complying with each provider's terms of service and acceptable use policy; (b) any fees the provider charges; (c) keeping your keys secure and not sharing them; and (d) any consequences of the provider's terms being violated by your use.
The App stores your keys locally on your device and transmits them only to the provider you configured them for. We do not have access to your keys.
You agree:
Anything you type into the App (chat messages, food descriptions, custom workouts, notes) is "User Content." You retain ownership of User Content. You grant us a limited, royalty-free license to process User Content on your device strictly to operate the App's features. We do not collect, store, or transmit User Content beyond what is necessary to provide the AI features you invoke. See the Privacy Policy for details.
The App, its design, branding (including "Ghost Gains" and the skull mark), code, copy, and aesthetic are owned by [YOUR LEGAL NAME OR BUSINESS NAME] and protected by intellectual property law. You may not copy, modify, distribute, sell, license, or create derivative works of the App or its content except as expressly permitted by these Terms.
The App integrates with third-party services (AI providers, app stores, hosting providers). Your use of those services is subject to their own terms. We are not responsible for third-party services and do not endorse them beyond enabling their integration.
Because we do not run a server and never receive your password, we cannot recover a lost account. If you forget your password, your only option is to use the App's reset/delete flow and start over. Export your data regularly if you want a backup.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INCLUDING AI-GENERATED CONTENT, NUTRITION ESTIMATES, WORKOUT RECOMMENDATIONS, OR PROGRESS CALCULATIONS.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, our disclaimers apply to the fullest extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL [YOUR LEGAL NAME OR BUSINESS NAME], ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, ANY AI-GENERATED CONTENT, ANY INJURY OR HEALTH OUTCOME, OR ANY CONDUCT OR CONTENT OF THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US TO USE THE APP IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations above apply to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless [YOUR LEGAL NAME OR BUSINESS NAME], its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any law or third-party right; (d) your User Content; (e) any health outcome, injury, or property damage arising from your use of the App; and (f) any use of AI-generated content you initiated or shared.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Before filing any formal claim, you agree to attempt to resolve any dispute informally by contacting us at [YOUR CONTACT EMAIL] and providing a detailed description of the dispute. We will attempt to resolve it within sixty (60) days. If we cannot, either party may pursue formal resolution under Section 14.2.
Any dispute, claim, or controversy arising out of or relating to these Terms or the App that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in [YOUR COUNTY], [YOUR STATE], or via remote / telephonic / video proceedings if you and we agree. The arbitrator's award is final and may be entered in any court of competent jurisdiction.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.
Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
You may opt out of the arbitration agreement and class-action waiver by sending written notice to [YOUR CONTACT EMAIL] within thirty (30) days of first accepting these Terms. Your notice must include your name, the email or username you use with the App, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
These Terms are governed by the laws of the State of [YOUR STATE], United States, without regard to its conflict-of-laws principles. To the extent any dispute is not subject to arbitration under Section 14, you and we consent to the exclusive jurisdiction of the state and federal courts located in [YOUR COUNTY], [YOUR STATE].
You may stop using the App at any time. You may delete your account and data at any time using DELETE ACCOUNT & DATA in the App's Settings. We may suspend or terminate your access if you violate these Terms.
The following sections survive termination: 8 (IP), 11 (Warranty Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14 (Arbitration), 15 (Governing Law), 17 (Miscellaneous).
We may update these Terms from time to time. When we do, we will change the "Last updated" date and may post a notice in the App. Material changes will be brought to your attention. Your continued use of the App after a change constitutes acceptance of the updated Terms.
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App and supersede all prior agreements.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
Our failure to enforce any provision is not a waiver of that provision or our right to enforce it later.
You may not assign these Terms without our written consent. We may assign these Terms in connection with a sale, merger, or other transfer of the business.
Questions about these Terms: [YOUR CONTACT EMAIL].