Terms of Service
A plain-language summary. The binding terms are your signed service agreement.
1. These terms are a draft
This page is a plain-language summary, not the binding contract. The terms that actually govern an engagement are set out in the individual signed service agreement between Gainer and the client. Where this summary and the signed agreement differ, the signed agreement controls.
2. Services
Gainer provides lead-response automation, an AI chat/assistant layer, SEO content, and lead-to-sale analytics and reporting. Service scope, fees and term are defined per engagement in the signed agreement and any order form.
3. Estimates are not guarantees
Any revenue, ROI, conversion-lift, payback or 'recoverable revenue' figure shown on this site, in a calculator, in a gap audit, or in a proposal is an illustrative estimate based on the inputs provided and published market averages. It is not a promise, quote, or guarantee of any specific result. Actual results vary by business, market, offer and execution and may be higher or lower.
4. Performance fee and how results are measured
Where an engagement includes a performance fee, that fee is charged only on incremental revenue that a randomized controlled test (a treatment group that receives the AI layer vs. a control holdout that does not) measures at 95% statistical confidence, billed on the conservative lower bound of that measurement. When the test has not reached significance, no performance fee is due.
The measurement depends on the assumptions of the controlled test (random assignment, sufficient sample size, comparable arms, deals being recorded). The methodology, the data sources, the way disputes over the measured numbers are resolved, and any adjustment or audit rights must be set out in the signed agreement.
5. Client data and the data-processing relationship
Delivering the service involves processing lead and customer data on the client's behalf. The roles of the parties (controller/processor or equivalent), permitted purposes, security, sub-processors, retention, and data-subject requests must be governed by a data-processing addendum in the signed agreement. See the Privacy page for how data is handled at a high level.
6. Limitation of liability, disputes and governing law — to be completed by counsel
Limitation of liability, indemnities, the dispute-resolution mechanism, governing law and jurisdiction, and acceptable-use terms are intentionally not stated here and must be drafted by qualified legal counsel for the client's market before this page is relied on.