Modest Gains Legal
Terms of Use — Modest Gains
These Terms of Use ("Terms") are an agreement between you and Ares Softworks LLC, a Michigan limited liability company ("we," "us"), governing your use of the Modest Gains application on iOS and Android (the "App"). By installing or using the App you agree to these Terms. If you do not agree, do not use the App.
1. Who may use the App
You must be at least 18 years old to use the App.
2. Your license to the App
We grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal, non-commercial use, subject to these Terms and to any usage rules in the Apple App Store or Google Play terms under which you obtained the App.
3. Your data stays with you — and is your responsibility
The App stores everything you record on your device. We have no copy. This has two consequences you accept by using the App:
- Privacy: we never receive your entries. See the Privacy Policy.
- Responsibility: you are responsible for safeguarding your device and your data, including keeping your device's own backup (e.g., iCloud or Google device backup) enabled if you want your notebook to survive a lost, stolen, or broken device. While the App maintains a local backup file on the device, if your device and its backups are lost, your data is lost, and we cannot recover it.
You own your entries. We claim no license to or interest in anything you record in the App.
4. Wellness & nutrition disclaimer
This section is the Wellness & Nutrition Disclaimer. It is written in plain language on purpose — it should feel like the rest of the app. Read it even if you skip the rest.
4.1 The App is a notebook, not a coach
Modest Gains is a place to record movement, food, and water. It does not tell you what to do, and nothing in it is advice. Anything you log is your own record. The App does not evaluate, score, or judge it — and it can't verify it either. The App's summaries simply reflect what you entered.
4.2 Not medical or professional advice
The App does not provide medical, health, fitness, or nutrition advice, diagnosis, or treatment. The App's content — including exercise names and illustrations, nutrition figures, and any descriptive text — is general information only. It is not a substitute for advice from a physician, registered dietitian, physical therapist, or other qualified professional who knows your situation.
Talk to your doctor before starting or changing an exercise program, especially if you have (or suspect) any medical condition, are pregnant, are recovering from injury or illness, or have been advised to limit physical activity. Stop any activity that causes pain, dizziness, shortness of breath, or other concerning symptoms, and seek medical attention. If you think you have a medical emergency, call your local emergency number immediately.
4.3 Exercise is at your own risk
Physical activity carries inherent risk of injury. You are responsible for choosing activities, weights, and intensities that are appropriate for you, for using proper form and equipment, and for exercising in a safe environment. The App's exercise illustrations show general movements; they are not personalized instruction.
4.4 Nutrition information is an estimate
Nutrition figures in the App's food catalog come from public and published sources — primarily the U.S. Department of Agriculture's FoodData Central, restaurant-published nutrition information, and manufacturer labels — captured as of the dates noted in the App's data. Nutrition varies by brand, recipe, season, portion, and preparation, and published figures change. The App's figures are reasonable estimates, not guarantees.
Always check the actual product label or ask the restaurant directly if you have a food allergy, intolerance, or a medical condition that depends on accurate nutrition information (for example, diabetes, celiac disease, PKU, or kidney disease). The App's catalog does not include allergen information.
4.5 Your acknowledgement
By using the App you acknowledge that you have read and understood this section and agree that your use of the App is at your own risk.
5. Nutrition catalog and third-party names
The App's food catalog includes figures derived from the U.S. Department of Agriculture's FoodData Central (a U.S. Government work in the public domain), restaurant-published nutrition information, and manufacturer product labels. Restaurant, product, and brand names appear solely to identify foods their owners make ("nominative" use). We are not affiliated with, endorsed by, or sponsored by any restaurant, food, or supplement brand named in the App. All trademarks remain the property of their owners. Published nutrition information changes; the App's copy reflects the capture dates noted in the App and may differ from current official figures.
6. What you may not do
You may not: (a) copy, modify, distribute, sell, or lease the App or its content, or extract its databases or illustrations for use outside the App, except as permitted by law notwithstanding this limitation; (b) reverse engineer the App except to the extent applicable law permits it despite this restriction; (c) use the App's content to build a competing dataset or service; or (d) use the App in violation of applicable law.
6a. Buying the App
The App is sold for a single price through the Apple App Store or Google Play. There is no subscription, no in-app purchase, and no recurring charge of any kind. Buying it once entitles you to use it, and to reinstall it, for as long as the store account you bought it with remains yours and the store continues to offer it.
Refunds are handled by Apple and Google under their own store terms. We do not process payments and cannot issue, approve, or deny a refund; requests go to the store you bought from.
If Family Sharing (Apple) or the equivalent family library (Google) is enabled for the App, members of your family group may install it under the store's rules. Each installation keeps its own separate notebook on its own device — nothing is shared between them.
7. App store terms
If you obtained the App from Apple's App Store or Google Play, the store's terms also apply, and Apple or Google is a third-party beneficiary of these Terms with the right to enforce them. Apple and Google are not responsible for the App, its content, or support, and have no warranty or maintenance obligations for it beyond any required by their store terms.
8. Changes to the App and these Terms
We may update, change, or discontinue features of the App. Because the App is local-only, updates reach you through the app stores and take effect when you install them; discontinuation of the App does not remove data already on your device. We may revise these Terms; if we make material changes, the updated App will present them for acceptance before continued use, and the current Terms will always be available at https://aressoftworks.com/projects/modest-gains/terms.
9. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, THAT DATA WILL NEVER BE LOST, OR THAT NUTRITION OR EXERCISE INFORMATION IS ACCURATE, COMPLETE, OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, ARISING FROM OR RELATING TO THE APP, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) $9.99 OR (B) THE AMOUNT YOU PAID US FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS DO NOT APPLY WHERE THE LAW DOES NOT PERMIT THEM, INCLUDING FOR LIABILITY THAT CANNOT BE LIMITED BY LAW.
11. Indemnification
You will indemnify us against third-party claims arising from your violation of these Terms or misuse of the App, to the extent permitted by law.
12. Governing law and disputes
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules. Disputes will be resolved in the state or federal courts located in Genesee County, Michigan, and both parties consent to their jurisdiction. Either party may bring qualifying claims in small-claims court.
13. General
If any provision of these Terms is unenforceable, the remainder stays in effect. These Terms and the documents they incorporate are the entire agreement between you and us regarding the App. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.