Last Updated: February 20, 2026
Welcome to GAINWRK. By accessing our website at gainwrk.com (the "Site") or using any of our services, you agree to be bound by these Terms of Service (the "Agreement"). If you do not agree to these terms, please do not use our Services.
If you are accessing or using our Services on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to this Agreement, and all references to "you" or "Customer" refer to that entity.
GAINWRK provides AI-powered lead generation and engagement services for businesses, including:
Collectively, these are referred to as the "Services."
To use our Services, you must create an account and provide accurate, current, and complete information. You are responsible for:
Account credentials are granted to individual, named persons and may not be shared. If any user who has access to your account is no longer authorized, you must promptly revoke their access.
By providing your mobile number and opting in on our website, you agree to the following terms regarding our SMS program:
The AI Agent uses third-party large language model (LLM) technology to generate conversational responses. You acknowledge and agree that:
Conversation data processed through the AI Agent is sent to third-party AI service providers for response generation. We contractually require these providers to not use your data or your visitors' data for training or improving their AI models, and to maintain appropriate security measures.
As a Customer deploying the AI Agent on your website, you are responsible for:
You agree not to use, and not to permit or encourage anyone else to use, the Services for the following purposes:
A violation of this acceptable use policy is a violation of this Agreement, and GAINWRK may terminate or suspend your account without notice if we determine that you have violated these terms.
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share your data. As stated in our Privacy Policy, we do not share your mobile phone number or SMS consent data with third parties for marketing purposes.
Our Services are offered on a subscription basis. The features, limitations, and pricing of each plan are described on our Pricing page. We reserve the right to modify pricing with 30 days' prior notice.
We may offer a free trial period for new Customers. At the end of the trial, your subscription will begin and applicable fees will be charged unless you cancel before the trial expires.
No annual fee applies in your first year. Beginning on your one-year enrollment anniversary, a non-refundable annual platform fee of $29.99 applies, billed once per year thereafter. The annual fee is separate from the monthly subscription.
Fees are billed in advance on a monthly basis. All fees are stated in U.S. dollars. You are responsible for providing a valid payment method and keeping your payment information current. Failure to pay may result in suspension or termination of your account.
GAINWRK and its licensors retain all right, title, and interest in and to the Services, including the AI Agent widget, software, algorithms, documentation, trademarks, and all related intellectual property. Nothing in this Agreement grants you any right to use our trademarks, logos, or brand features without our prior written consent.
You retain ownership of any content you provide to us for use in training your AI Agent (such as website content, business descriptions, and FAQs). By providing this content, you grant GAINWRK a non-exclusive, worldwide license to use, process, and store that content solely for the purpose of providing the Services to you.
Lead information captured by your AI Agent belongs to you as the Customer. We store and process this data on your behalf as part of providing the Services. Upon termination of your account, you may request an export of your lead data.
To the fullest extent permitted by law, GAINWRK shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, use, goodwill, or other intangible losses, resulting from:
In no event shall GAINWRK's total aggregate liability exceed the total fees paid by you to GAINWRK in the twelve (12) months preceding the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless GAINWRK and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GAINWRK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, GAINWRK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI-GENERATED CONTENT OR RESPONSES PROVIDED BY THE AI AGENT.
This Agreement begins when you first access or use the Services and continues until terminated by either party.
You may cancel your subscription and terminate this Agreement at any time by contacting us at [email protected]. Cancellation takes effect at the end of your current billing period.
We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated this Agreement, if your account is overdue, or for any other reason at our discretion.
Upon termination, your right to use the Services ceases immediately. You may request an export of your lead data within 30 days of termination. After this period, we may delete your data in accordance with our retention policies. Sections of this Agreement that by their nature should survive termination (including indemnification, limitation of liability, and disclaimers) will survive.
We reserve the right to modify this Agreement at any time. We will provide notice of significant changes by updating the date at the top of this page and, where appropriate, by notifying you via email or through the Services. Your continued use of the Services after any changes constitutes acceptance of the updated terms. If you object to any changes, you may terminate your account.
If you have questions about these Terms, please contact us at:
GAINWRK Legal Team
Email: [email protected]
Phone: 1-877-600-7179
Address: 517 Pearse Rd. Swansea, MA 02777
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms