Terms of Service — GainIQ

Please read these terms carefully before using GainIQ. By creating an account, connecting a social media account, or otherwise using the Service, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and our Cookie Policy, each of which is incorporated by reference.

1. Acceptance of Terms

These Terms form a binding agreement between you ("you," "User," or "Creator") and GainIQ LLC, a California limited liability company ("GainIQ," "we," "us," or "our"), governing your access to and use of the GainIQ website, application, APIs, and related services (collectively, the "Service").

If you do not agree to these Terms, do not access or use the Service.

2. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create a GainIQ account. By registering, you represent and warrant that:

You meet this age requirement;
You have the legal authority to connect any social media account, Page, or channel you link to GainIQ (e.g., as the Page admin, or with the Page owner's authorization);
All registration information you provide is accurate and current; and
Your use of the Service complies with all applicable laws.

GainIQ is offered as a subscription-only service. The Service may be offered in phases — including a closed beta phase and a subsequent General Availability phase — and features, pricing, and access may differ between phases. We may limit, suspend, or condition access at our discretion during any pre-General-Availability phase.

3. Description of the Service

GainIQ is an AI-powered creator intelligence platform that connects to a Creator's Facebook Page, Instagram professional account, and/or YouTube channel (with additional platforms added over time) via each platform's official OAuth authorization flow. Once connected, GainIQ:

Ingests performance data (reach, engagement, video metrics, revenue signals, and related public/authorized metrics) from the connected accounts;
Processes that data using automated AI agents (including large language models operated by third parties, such as Google and Anthropic) to generate insights, benchmarks, content recommendations, and trending-content suggestions;
Surfaces this analysis through a dashboard and conversational chat interface; and
Offers supplementary tools such as benchmarking against publicly available competitor data, media-kit generation, and strategy planning.

GainIQ's outputs — including performance predictions, revenue estimates, benchmark percentiles, content recommendations, and chat responses — are AI-generated estimates for informational purposes only. They are not guarantees of future performance, financial advice, investment advice, legal advice, or professional business advice, and should not be relied upon as the sole basis for any business, financial, or contractual decision. See Section 9.

4. Account Registration and Security

You are responsible for:

Maintaining the confidentiality of your login credentials;
All activity that occurs under your account; and
Notifying us promptly at hello@gainiq.ai of any unauthorized access or security breach.

We use industry-standard session management (including third-party authentication providers) and are not liable for losses caused by your failure to safeguard your credentials.

5. Connecting Third-Party Platforms

5.1 Authorization

When you connect a Facebook Page, Instagram account, YouTube channel, or other supported platform, you grant GainIQ permission — via that platform's own OAuth consent screen — to access specific data categories (e.g., page insights, post-level metrics, video statistics) as disclosed at the time of connection. You may revoke this access at any time, either within GainIQ's Settings or directly through the third-party platform's own app-permissions settings.

5.2 Compliance with Platform Terms

Your use of GainIQ in connection with Meta (Facebook/Instagram) and Google (YouTube) properties is also subject to those platforms' own developer and platform policies, including the Meta Platform Terms and YouTube API Services Terms of Service. You agree not to use GainIQ in a way that violates those third-party terms.

5.3 No Endorsement or Affiliation

GainIQ is an independent third-party analytics tool. It is not endorsed by, certified by, or officially affiliated with Meta Platforms, Inc., Google LLC, YouTube, TikTok, or any other connected platform.

5.4 Platform Data Accuracy

GainIQ relies on data made available through each platform's official APIs. We are not responsible for inaccuracies, delays, API changes, deprecations, or outages originating from third-party platforms, and your access to certain metrics may change if a platform modifies or restricts its API.

6. Subscriptions, Billing, and Credits

6.1 Subscription Tiers

GainIQ is offered on a subscription basis (currently Starter, Growth, and custom-quoted Enterprise plans). Current pricing, included usage-credit allotments, and connected-account limits are described on our pricing page and/or in your account dashboard, and may be updated from time to time with notice.

6.2 Free Trial

Certain tiers may include a free trial period. A valid payment method is required to start a trial. Unless you cancel before the trial period ends, your subscription will automatically convert to a paid plan and your payment method will be charged the applicable subscription fee.

6.3 Usage Credits

Subscriptions include a monthly allotment of usage credits consumed by specific in-product actions (e.g., AI chat messages, insight refreshes, benchmark checks). Unused credits roll over month to month while your subscription remains active; a lapsed or canceled subscription forfeits any rollover balance. Additional credits may be purchased as one-time top-ups.

6.4 Billing

Subscriptions renew automatically at the then-current rate until canceled. All fees are billed in advance via our third-party payment processor (Stripe) and are non-refundable except as required by law or as expressly stated in these Terms. You authorize us to charge your payment method on file for recurring fees, credit top-ups, and additional connected-account add-ons.

6.5 Taxes

Fees are exclusive of applicable taxes, which may be added to your invoice as required by law.

6.6 Changes to Pricing

We may change subscription pricing or credit allotments prospectively, with reasonable notice before your next renewal.

6.7 Cancellation

You may cancel your subscription at any time through Settings; cancellation takes effect at the end of the current billing period, and you will retain access until then. No partial-period refunds are issued except where required by law.

7. Acceptable Use

You agree not to:

Use the Service to violate any law, regulation, or third-party rights (including intellectual property, privacy, or platform-policy rights);
Attempt to reverse-engineer, scrape, or extract GainIQ's underlying models, prompts, or proprietary systems;
Share account access in a manner that circumvents per-tier connected-account or seat limits;
Use the Service to generate or disseminate misleading, fraudulent, or harassing content;
Interfere with or disrupt the integrity or performance of the Service; or
Use automated means (bots, scrapers) to access the Service outside of any API we may officially provide.

We reserve the right to suspend or terminate accounts that violate this section.

8. Intellectual Property

8.1 GainIQ's IP

The Service, including its software, design, AI agent architecture, and GainIQ-generated analysis frameworks, is owned by GainIQ and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the Service for your own creator/business purposes — nothing here transfers ownership of our IP to you.

8.2 Your Content

You retain ownership of the content and data from your connected social accounts ("Your Content"). By using the Service, you grant GainIQ a limited license to access, process, and analyze Your Content solely to provide and improve the Service, as described in our Privacy Policy.

8.3 AI Outputs

Insights, recommendations, media kits, and other outputs generated by GainIQ's AI agents based on Your Content ("Outputs") are made available to you for your business use. Because Outputs are AI-generated, GainIQ does not guarantee their uniqueness, accuracy, or fitness for any particular purpose, and similar Outputs may be generated for other users based on similar input patterns or publicly available data.

8.4 Feedback

If you submit ideas, suggestions, ratings, or other feedback about the Service (including through the GainIQ Advisor chat feedback controls), you grant GainIQ a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving the Service, without any obligation to compensate or credit you.

9. Disclaimers

THE SERVICE, INCLUDING ALL AI-GENERATED INSIGHTS, PREDICTIONS, REVENUE ESTIMATES, AND RECOMMENDATIONS, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

GAINIQ DOES NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOME, REVENUE INCREASE, AUDIENCE GROWTH, OR BRAND-DEAL RESULT FROM YOUR USE OF THE SERVICE. RATE-CARD BENCHMARKS, MEDIA KIT DATA, AND MARKET-RATE ESTIMATES ARE INFORMATIONAL ONLY AND DO NOT CONSTITUTE FINANCIAL, LEGAL, OR PROFESSIONAL ADVICE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAINIQ AND ITS OFFICERS, EMPLOYEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GAINIQ'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO GAINIQ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Carve-Out. Nothing in this Section 10 limits or excludes either party's liability for gross negligence, willful misconduct, or fraud, or for any other liability that cannot be limited or excluded under applicable law. To the extent applicable law does not permit some or all of the exclusions or limitations of liability set forth in this Section 10, those exclusions or limitations will apply only to the maximum extent permitted by that law, and you may have additional rights that this Section does not affect.

11. Indemnification

You agree to indemnify and hold harmless GainIQ from claims, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your violation of these Terms; (b) Your Content or your use of the Service; or (c) your violation of any third-party platform's terms (including Meta or Google) in connection with your use of the Service.

12. Termination

We may suspend or terminate your account for violation of these Terms, non-payment, or as needed to comply with law or third-party platform policy. You may terminate your account at any time. Upon termination, your right to use the Service ceases, though certain provisions (IP, disclaimers, limitation of liability, indemnification, dispute resolution) survive termination.

13. Dispute Resolution; Governing Law

13.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

13.2 Arbitration

Agreement to Arbitrate. You and GainIQ agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration, rather than in court, except that: (a) either party may bring an individual claim in small-claims court if it qualifies; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality rights, or to prevent unauthorized access to or use of the Service in violation of Section 7 (Acceptable Use), pending the outcome of arbitration.

Class Action Waiver. YOU AND GAINIQ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, 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 form of a class or representative proceeding. If this Class Action Waiver is found unenforceable as to a particular Dispute, then that Dispute (and only that Dispute) shall be resolved in court under Section 13.3, and the remainder of this arbitration agreement remains in force for all other Disputes.

Rules and Process. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator and may be conducted by telephone, video conference, submission of documents, or in person in Los Angeles County, California, at your election if you are an individual. The arbitrator's decision will be final and binding, and judgment may be entered on it in any court of competent jurisdiction. Each party bears its own attorneys' fees unless the arbitrator determines a claim was frivolous, or applicable law requires otherwise; AAA fees will be allocated per AAA Consumer Arbitration Rules, which generally cap the amount an individual consumer pays.

30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@gainiq.ai with the subject line "Arbitration Opt-Out," including your name and account email, within 30 days of first accepting these Terms. If you opt out, neither you nor GainIQ is required to arbitrate Disputes with the other, and Section 13.3 (Venue) governs instead. Opting out of arbitration does not affect any other provision of these Terms, including the Class Action Waiver's applicability in court to the extent enforceable.

Mass Arbitration. If 25 or more similar arbitration demands against GainIQ are filed by or on behalf of consumers represented by the same or coordinated counsel, or otherwise arising out of the same or substantially similar circumstances, the AAA's Mass Arbitration Supplementary Rules (as in effect at the time of filing) will govern those proceedings in addition to the AAA Consumer Arbitration Rules referenced above, including that rule set's provisions for a process arbitrator, phased filing fees, and batched assignment of claims to merits arbitrators.

13.3 Venue (if not arbitrating)

Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via the Service or email, and will include an updated "Last Updated" date. Continued use of the Service after changes take effect constitutes acceptance.

15. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and GainIQ regarding the Service.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
Assignment: You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
No Waiver: Our failure to enforce a provision is not a waiver of our right to do so later.
Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

16. Contact

Questions about these Terms may be directed to:

GainIQ
Email: hello@gainiq.ai
Web: www.gainiq.ai