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Terms of Service
April 21, 2026 | Version 2.1
Welcome. These Terms of Service (“Terms”) govern your use of products and services operated by Gains Insights LLC (“we,” “us,” “our”). Our primary product is AskMCP (askmcp.ai). Our broader product family — all covered by these Terms — also includes the Gains Enterprise Platform (app.gainsinsights.com), AskMCP Live (recorded video calls with real-time AI coaching and post-call summaries), Gains LifeStyle Optimized, FitCheck, and PetCheck, along with their APIs, mobile apps, and tools.
By accessing or using any of these services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our services.
You must be at least 18 years old to use our services. By using Gains Insights, you represent that you are at least 18 years of age.
2. Description of Services
Gains Insights LLC operates a family of B2B and B2C products that offer AI-powered features. Across the family, these Terms apply to AI agents, insights, intelligence, and autonomous actions. The primary product is AskMCP; the broader product family is named below.
AskMCP (askmcp.ai) — primary product
- Public AI personas accessible via the Model Context Protocol (MCP)
- Third-party integration with Claude, ChatGPT, Claude Desktop, and any RFC 7591 MCP-compatible client
- Persona chat, content generation, action tools (Book Appointment, Contact Form, Free Demo, Share Email, Request Callback)
- OAuth 2.1 + PKCE authentication, Dynamic Client Registration (RFC 7591)
AskMCP Live
- Browser-based recorded video calls with guest invites (no guest account required)
- Real-time speaker-attributed transcription
- Personify real-time AI coaching cards (objections, pricing pushback, competitor positioning, action items, next steps)
- Post-call AI-generated summary, scorecards, and optional summary email to guests who opt in
- Pre-call briefing with LinkedIn + SERP enrichment
Gains Enterprise Platform (app.gainsinsights.com)
- Analytics dashboards, reporting tools, and brand intelligence
- AI-powered content generation (images, video, text, carousels)
- AI marketing agents with autonomous capabilities
- Voice AI agent deployment and management (via ElevenLabs and Twilio)
- Social media management, publishing, and engagement tracking
- Instagram, Twitter/X, TikTok, Pinterest, YouTube integration
- Lattice visual workflow editor
- CRM, lead management, and prospecting tools
- Legal document generation and analysis
- Team collaboration and role-based access control
Gains LifeStyle Optimized, FitCheck, and PetCheck
- Consumer-facing AI products operated by Gains Insights LLC
- FitCheck is a fashion and clothing AI product — style recommendations, outfit assembly, and wardrobe insights. It is not a fitness product.
- PetCheck is a pet-focused AI product. It is not veterinary advice.
- Gains LifeStyle Optimized is a consumer lifestyle AI product.
- Use of these products is governed by these Terms together with any product-specific terms presented in-app at signup
- AI-powered insights in these products are experimental and are not medical, veterinary, legal, financial, or other professional advice — see Section 4 disclaimers
APIs and Integrations
- RESTful API
- MCP server (OAuth 2.1 + PKCE authentication, RFC 7591 DCR)
- Webhook integrations (Stripe, Twilio, ElevenLabs, LiveKit, Deepgram, Instagram, GitHub)
- Mobile API for companion apps
3. Account Registration
3.1 Account Creation
To access our services, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly update any changes to your information
- Accept responsibility for all activities under your account
- Not share your account credentials with others
3.2 Organization Accounts
If you create an account on behalf of an organization, you represent that you have authority to bind that organization to these Terms. Each organization receives an isolated data environment.
3.3 Free Trial
New accounts receive a 14-day free trial with 15,000 credits. Trial accounts have full platform access. No credit card is required to start a trial.
4. AI-Powered Features
4.1 Experimental AI Features — No Professional Advice
Our products use third-party AI models (Anthropic Claude, OpenAI GPT, Google Gemini, Deepgram, ElevenLabs, and others) to generate content, transcribe speech, and provide AI-powered features. “Insights” and “intelligence” are AI-generated across all Gains Insights LLC products including AskMCP, AskMCP Live (including real-time Personify coaching cards and post-call summaries), Gains Enterprise Platform, Gains LifeStyle Optimized, FitCheck, and PetCheck. All AI-powered features are experimental. You acknowledge and agree that:
- AI features do not provide legal, financial, medical, veterinary, tax, or any other professional advice. This includes, but is not limited to, our legal document generator, financial analytics, brand recommendations, Personify in-call coaching, post-call summaries, FitCheck fashion/styling recommendations, PetCheck pet-care recommendations, Gains LifeStyle Optimized recommendations, and any AI agent responses. These features are tools to assist your workflow — they are not substitutes for qualified professional counsel.
- AI-generated content may contain inaccuracies, errors, hallucinations, or outdated information
- You are solely responsible for reviewing, verifying, and approving all AI-generated content before use, publication, or action
- You agree to use AI features appropriately and in compliance with all applicable laws and regulations
- We do not guarantee that AI-generated content is accurate, complete, original, or free from intellectual property claims
- Gains Insights LLC assumes no liability for decisions made based on AI-generated content, insights, intelligence, or recommendations. You use these features entirely at your own risk.
4.2 AI Agents and Autonomous Actions
Our platform offers AI agents that can perform autonomous actions on your behalf, including:
- Generating and publishing social media content
- Responding to customer inquiries
- Analyzing brand data and generating reports
- Managing marketing campaigns
- Making outbound phone calls (via Twilio)
You are responsible for:
- Configuring agent behavior, permissions, and guardrails
- Reviewing content generated by autonomous agents
- Any content published or actions taken by agents operating under your account
- Ensuring agent-generated outbound communications comply with applicable laws (CAN-SPAM, TCPA, GDPR)
4.3 Voice AI Agents
Voice AI agents powered by ElevenLabs may:
- Make and receive phone calls on your behalf
- Generate synthetic voices based on your configuration
- Record and transcribe conversations for quality and training purposes
- Collect contact information from callers
Voice AI features are provided through ElevenLabs, which maintains voice AI insurance coverage for authorized use cases. This coverage applies to voice agents deployed through our platform in accordance with ElevenLabs' acceptable use policy.
You agree to:
- Disclose to callers that they are speaking with an AI agent where required by law
- Comply with call recording consent laws in your jurisdiction
- Not use voice agents for harassment, fraud, or deceptive purposes
- Accept responsibility for all calls made by voice agents under your account
- Not clone voices without the voice owner's explicit consent
4.4 MCP (Model Context Protocol) Integration
When you or your customers interact with your personas through MCP-compatible clients (Claude, ChatGPT, etc.):
- Your persona's configured knowledge and personality are shared with the MCP client
- Conversation data is processed by the MCP client's provider (Anthropic, OpenAI, etc.)
- Usage is subject to both our Terms and the MCP client provider's terms
- We apply rate limiting, content moderation, and safety filters to all MCP interactions
5. Social Media Integrations
5.1 Instagram and Meta Platform Integration
By connecting your Instagram account, you:
- Authorize us to access your Instagram account data through Meta's APIs
- Agree to comply with Instagram's Terms of Use and Meta Platform Terms
- Accept responsibility for content published to Instagram through our platform
- Acknowledge that Meta may take actions regarding your account independent of our platform
5.2 Twitter/X Integration
By connecting your Twitter/X account, you:
- Authorize us to post, read, and manage content through Twitter's API
- Agree to comply with Twitter/X's Terms of Service
- Accept responsibility for all content published through our platform
5.3 Other Integrations (TikTok, Pinterest, Google Workspace, Slack)
Similar terms apply to all third-party integrations. You are responsible for compliance with each platform's terms of service.
5.4 Disconnecting Integrations
You may disconnect any integration at any time from Settings > Integrations. Upon disconnection:
- We will revoke our access to the connected account
- Cached data from the integration will be deleted within 30 days
- Previously published content will remain on the respective platform
6. Credits and Billing
6.1 Credit System
Our platform uses a credit-based system for AI-powered features. Credits are consumed when you:
- Generate images, videos, or text content
- Use AI agents for chat interactions
- Deploy voice agents
- Use MCP tools
- Access premium analytics features
6.2 Pricing Tiers
| Tier |
Monthly Price |
Credits |
| Basic |
$29.99 |
18,000 |
| Starter |
$99 |
65,000 |
| Pro |
$299 |
250,000 |
| Enterprise |
Contact Sales |
Custom |
Credit packs are also available: $9.99 (5,000 credits) and $44.99 (28,000 credits).
6.3 Credit Renewal
Subscription credits renew monthly on your billing date. Unused credits do not roll over. Enterprise tier credits are allocated by your sales agreement.
6.4 Refunds
- Subscription fees are non-refundable after the first 7 days
- Unused credit packs may be refunded within 14 days of purchase
- Credits consumed by AI operations are non-refundable
- Contact support@gainsinsights.com for refund requests
7. Acceptable Use Policy
You agree not to use our services to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Send spam or unsolicited communications
- Distribute malware or malicious code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services
- Use our services for any illegal or harmful purpose
- Generate content that is harmful, abusive, or violates third-party rights
- Attempt to extract or reverse-engineer our AI models or algorithms
- Use automated tools to scrape or collect data from our platform beyond API access
- Circumvent rate limits, credit systems, or access controls
- Impersonate another person or entity
- Use voice agents for robocalling, telemarketing fraud, or regulatory violations
8. Intellectual Property
8.1 Our Intellectual Property
Gains Insights LLC retains all rights to the platform, including software, designs, and documentation. Our trademarks include “Gains Insights,” “AskMCP,” “AskMCP Live,” “Personify,” “Gains LifeStyle Optimized,” “FitCheck,” “PetCheck,” and associated logos.
8.2 Your Content
You retain ownership of content you create or upload. By using our services, you grant us a limited license to process, store, and display your content as necessary to provide the services.
8.3 AI-Generated Content
Content generated by AI features is owned by you, subject to:
- The terms of the underlying AI model providers
- Any applicable intellectual property laws
- Your responsibility to verify originality before commercial use
9. Prospecting Portals
Our platform allows you to create public prospecting portals (/c/[slug]) that showcase your brand to potential clients. These portals:
- Are publicly accessible without authentication
- May contain AI-generated content, images, and analytics
- Represent your brand — you are responsible for their accuracy and appropriateness
- Must not contain misleading claims, fake testimonials, or deceptive content
10. Data and Privacy
Your use of our services is governed by our Privacy Policy, which describes how we collect, use, and protect your information. Key points:
- Each organization's data is stored in an isolated database
- We use encryption for sensitive data (AES-256 via Google Cloud KMS)
- We do not sell your data to third parties
- AI model providers process your data according to their data processing agreements
11. Service Level and Availability
- We target 99.9% uptime for the core platform
- Scheduled maintenance will be communicated in advance
- We are not liable for downtime caused by third-party services (Firebase, Anthropic, OpenAI, ElevenLabs, etc.)
- API rate limits apply to all tiers (see documentation for details)
12. Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL AI-POWERED FEATURES ARE EXPERIMENTAL AND PROVIDED WITHOUT WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Gains Insights LLC is not liable for any damages arising from your use of or reliance on AI-generated content, recommendations, or autonomous agent actions, including but not limited to legal documents, financial analyses, marketing strategies, or health-related information
- We are not liable for indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
- We are not responsible for content generated by AI systems, including inaccuracies, hallucinations, or errors
- We are not responsible for actions taken by autonomous AI agents under your account
- We are not liable for third-party service disruptions affecting our platform
- We are not liable for decisions you make based on AI-generated analytics, intelligence, or recommendations
- We are not liable for content published by autonomous agents on your social media accounts
13. Indemnification
You agree to indemnify and hold harmless Gains Insights LLC, its officers, directors, employees, and agents from any claims arising from:
- Your use of our services
- Content you create, publish, or distribute through our platform
- Your violation of these Terms or any applicable law
- Actions taken by AI agents configured under your account
- Your use of social media integrations
14. Termination
14.1 By You
You may close your account at any time from Settings. Upon closure:
- Your data will be retained for 30 days, then permanently deleted
- Active subscriptions will not be refunded for the remaining period
- Published content on third-party platforms will remain
14.2 By Us
We may suspend or terminate your account if you:
- Violate these Terms or our Acceptable Use Policy
- Engage in fraudulent or abusive behavior
- Fail to pay applicable fees
- Pose a security risk to our platform or other users
15. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use after the effective date constitutes acceptance.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Delaware.
17. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gains Insights LLC
- Severability: If any provision is found unenforceable, the remaining provisions continue in effect
- Waiver: Failure to enforce a provision does not waive our right to enforce it later
- Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations.
18. Contact Us
By using Gains Insights, you acknowledge that you have read and understood these Terms of Service.