Terms of Services
Effective Date: 01/01/2026
Last Updated: December 2025
1. INTRODUCTION
These Terms of Service ("Terms") govern your access to and use of the GainGuard’s ("we", "our", "us", or "Company") wearable fitness trackers and other health monitoring devices (“Hardware”), application, website (“Software”), and related services (Hardware and Software are the “System” and collectively with any other related services, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
2. ACCEPTANCE OF RISK AND MEDICAL DISCLAIMER
2.1. By using the System and/or Services, you acknowledge and agree that:
- a) The System and/or Services utilize technology that may have limitations, inaccuracies, or errors;
- b) Injury tracking and monitoring technology is not infallible and may fail to detect, properly track, or accurately report injuries or health conditions;
- c) You assume all risks associated with using the System and/or Services, including but not limited to risks of relying on injury tracking data, analytics, recommendations, or information provided through the Services;
- d) You are solely responsible for all decisions regarding your health, medical treatment, training, and athletic activities;
- e) The Services may not be suitable for all individuals, injuries, or medical conditions; and
- f) You use the Services at your own risk.
2.2. Medical Disclaimer
IMPORTANT: THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The Services provide injury tracking, monitoring, and related information for informational purposes only. You should always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, injury, or treatment. Never disregard professional medical advice or delay in seeking it because of information provided through our Services.
The System and/or Services are designed to assist athletes in tracking and monitoring injuries, but they do not provide medical diagnoses, treatment recommendations, or medical care. Any health-related information provided through the Services should not be used as a basis for medical decisions without consulting a qualified healthcare professional.
IN CASE OF A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY. DO NOT RELY ON THE SERVICES FOR EMERGENCY MEDICAL ASSISTANCE.
3. USE OF OUR SERVICES
3.1. Permitted Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not use our Services in any way that violates any applicable local, state, national, or international law or regulation.
3.2. User Obligations
You agree to:
- a) Provide accurate, current, and complete health and injury information;
- b) Consult with qualified healthcare professionals before making any decisions based on information or data from the System and/or the Services;
- c) Not rely solely on the System and/or the Services for injury management, diagnosis, or treatment;
- d) Inform your healthcare providers that you are using the System and/or the Services;
- e) Follow all instructions and warnings provided in connection with the System and/or the Services;
- f) Use the System and/or the Services only as intended and in accordance with any user guides, any guidelines provided by us, or any documentation; and
- g) Immediately discontinue use of the System and/or the Services if you experience any adverse effects or if advised to do so by a healthcare professional.
3.3. Prohibited Conduct
You must not:
- a) Use the Services for any illegal or unauthorized purpose;
- b) Attempt to gain unauthorized access to any portion of the Services;
- c) Interfere with or disrupt the Services or servers or networks connected to the Services;
- d) Use the Services to transmit any viruses, malware, or other harmful code;
- e) Reverse engineer, decompile, or disassemble any portion of the Services; or
- f) Use the Services in any manner that could damage, disable, overburden, or impair the Services.
4. USER ACCOUNTS
To access certain features of our Services, you may be required to create an account. You are responsible for:
- a) Maintaining the confidentiality of your account credentials;
- b) All activities that occur under your account;
- c) Notifying us immediately of any unauthorized use of your account; and
- d) Ensuring that your account information is accurate and up-to-date.
You agree that we are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
5. DATA ACCURACY AND LIMITATIONS
5.1. No Guarantee of Accuracy
We do not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of any data, information, analytics, or recommendations provided through the Services The data and analytics generated by the Services relate to the assessment of injury risk, including without limitation, the physiological condition of muscles and soft tissues, may be affected by various factors including but not limited to device limitations, user input errors, software bugs, connectivity issues, and individual physiological variations.
5.2. Service Limitations
You acknowledge that the Services may:
- a) Contain inaccuracies or errors;
- b) Fail to detect or properly track and/or detect the risk to injuries or any physiological relapse and/or deterioration;
- c) Provide incomplete or misleading information;
- d) Experience technical failures, interruptions, or downtime;
- e) Be affected by third-party devices, software, or services; and
- f) Not function as intended under all circumstances.
6. THIRD-PARTY SERVICES AND DEVICES
In addition to the use of the Hardware, the Services may also integrate with or rely on third-party devices, applications, or services. With respect to the Hardware and such other third-party devices, we are not responsible for:
- a) The accuracy, reliability, or functionality of the Hardware or any other third-party services or devices;
- b) Any changes, interruptions, or discontinuation of the Hardware or any other third-party services or devices;
- c) The privacy practices or terms of service of third parties; or
- d) Any damages or losses arising from your use of the Hardware or any other third-party services or devices.
Your use of third-party services and devices is subject to their respective terms and conditions and privacy policies.
7. INTELLECTUAL PROPERTY
All content, features, functionality, trademarks, service marks, logos, and other intellectual property rights in our System and/or Services are owned by us, our licensors, or other third parties. You may not:
- a) Use any content from our System and/or Services without our express written permission;
- b) Copy, modify, distribute, sell, or lease any part of our System and/or Services;
- c) Remove or alter any copyright, trademark, or other proprietary notices; or
- d) Use our trademarks or branding without our prior written consent.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the System and/or Services for your personal, non-commercial use.
8. PRIVACY AND DATA PROTECTION
Your use of the Services is also governed by our Privacy Policy. By using the System and/or Services, you consent to our collection, use, and disclosure of your information, including health and injury data, as described in our Privacy Policy.
You acknowledge that the Services involve the collection and processing of sensitive health information. We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for understanding the privacy risks associated with using health tracking technology.
9. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SYSTEM AND/OR THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- a) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
- b) WARRANTIES THAT THE SYSTEM AND/OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA, INFORMATION, OR CONTENT PROVIDED THROUGH THE SERVICES;
- d) WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR
- e) WARRANTIES THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. LIMITATION OF LIABILITY
10.1. Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:
- a) DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE;
- b) PERSONAL INJURY OR PROPERTY DAMAGE;
- c) PHYSICAL INJURIES, HEALTH COMPLICATIONS, OR MEDICAL CONDITIONS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES;
- d) DAMAGES ARISING FROM RELIANCE ON INJURY TRACKING DATA, ANALYTICS, RECOMMENDATIONS, OR INFORMATION PROVIDED THROUGH THE SERVICES;
- e) DAMAGES RESULTING FROM INACCURATE, INCOMPLETE, OR DELAYED INJURY MONITORING OR TRACKING;
- f) DAMAGES CAUSED BY FAILURE OF THE SERVICES TO DETECT, TRACK, OR REPORT INJURIES OR HEALTH CONDITIONS;
- g) DAMAGES ARISING FROM DECISIONS MADE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES;
- h) DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; OR
- i) DAMAGES ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICES.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2. Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
10.3. Basis of the Bargain
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10, REFLECT A REASONABLE ALLOCATION OF RISK AND THAT WE WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
10.4. Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
10.5. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
- a) Your use or misuse of the Services;
- b) Your violation of these Terms;
- c) Your violation of any rights of another person or entity;
- d) Your violation of any applicable laws or regulations;
- e) Any injury, health condition, or medical complication arising from or related to your use of the Services;
- f) Any decisions you make based on information or data provided through the Services;
- g) Your failure to consult with qualified healthcare professionals;
- h) Any inaccurate or incomplete information you provide through the Services; or
- i) Any content or data you submit, post, or transmit through the Services.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
11. TERMINATION
11.1. Termination by Us
We reserve the right to terminate these Term, and terminate or suspend your access to our System and/or Services immediately, without prior notice or liability, for any reason, including but not limited to:
- a) Breach of these Terms;
- b) Violation of applicable laws or regulations;
- c) Fraudulent, abusive, or illegal activity;
- d) Extended periods of inactivity;
- e) Requests by law enforcement or government agencies;
- f) Our sole discretion for any other reason; or
- g) is we believe that you or anyone on your behalf is using the System in a manner that may cause harm to Company or any third party.
11.2. Termination by You
You may terminate your account at any time by discontinuing use of the Services, returning the Hardware to us and contacting us to request account deletion.
11.3. Effect of Termination
Upon termination:
- a) Your right to use the Services will immediately cease;
- b) We shall delete your account and all associated data;
- c) You remain liable for all obligations incurred prior to termination;
- d) Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7-12 (inclusive) and 14-16 (inclusive); and
- e) return all Hardware to us.
12. CHANGES TO THESE TERMS
We reserve the right to modify or update these Terms at any time at our sole discretion. We will notify you of any material changes by:
- a) Posting the new Terms on this page and updating the "Last updated" date above;
- b) Sending you an email notification (if you have provided an email address); or
- c) Providing notice through the Services.
Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the System and/or Services.
13. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the laws of the State of Israel, without regard to its conflict of laws’ provisions. All disputes arising out of these Terms shall be subject to, and each party hereby consents to, the sole and exclusive jurisdiction of the competent courts located in Tel Aviv-Yaffo, Israel. Notwithstanding the foregoing, each Party may seek equitable relief in any court of competent jurisdiction in order to protect its proprietary rights.
14. GENERAL PROVISIONS
14.1. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
14.2. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us in connection with the Services, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
14.3. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
14.4. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
14.5. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and us.
14.6. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
14.7. Notices
Any notices or communications required or permitted under these Terms shall be sent to the contact information provided in Section 17 below. Notices to you may be sent to the email address associated with your account and shall be deemed delivered twenty-four (24) hours after sending.
14.8. Interpretation
The headings and captions used in these Terms are for convenience only and shall not affect the interpretation of these Terms. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation."
14.9. CONTACT US
If you have any questions, concerns, or complaints about these Terms of Service, please contact us at:
GainGuard Ltd.
Email: info@gainguard.ai
Address: Yosefzon 6, Rehovot< Israel, 7630604
Phone: 0
BY USING THE SYSTEM AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.