Terms of Use for Gyre Holdings LLC

Welcome to Gyre Research Security and Portfolio Analytics+

These Terms of Use (“Terms”) govern your access to and use of Gyre Holdings LLC’s Gyre Research Security and Portfolio Analytics+ service, including its Web Dashboard, API, PDF reports, and Spreadsheet Add-In (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Service. Questions? Contact us at [email protected].

1. Privacy Policy

We value your privacy. Our Privacy Policy explains how we collect, use, share, and protect your personal information, such as your name, email, financial data, and portfolio inputs processed through the Service. By using the Service, you consent to these practices. For users in the European Union, we comply with the General Data Protection Regulation (GDPR), including rights to access, rectify, or delete your data. For California residents, we adhere to the California Consumer Privacy Act (CCPA), including rights to opt out of data sales. Users in other regions may have similar rights under local laws. Please review the Privacy Policy carefully.

2. User Conduct and Accounts

Eligibility

You must be at least 16 years old to use the Service. If you are under 16, do not use the Service, as we comply with the U.S. Children’s Online Privacy Protection Act (COPPA) and GDPR age-of-consent rules. The Service is accessible to users worldwide. If you’re outside the U.S., you’re responsible for complying with your local laws, and some features (e.g., API access, PDF reports) may not be available in your region.

Account Responsibilities

When you register, you’ll create an account with a unique username and password. You’re responsible for keeping your account secure and must notify us immediately at [email protected] if you suspect unauthorized use. We’re not liable for losses due to unauthorized access, but we’ll take reasonable steps to assist you within 7 business days.

3. Acceptable Use

To keep the Service safe and functional, you agree not to:

• Post or share content that is abusive, threatening, obscene, defamatory, or promotes hate speech, discrimination, or violence;
• Use the Service for illegal activities or to harm others;
• Access another user’s account without permission or provide false information during registration;
• Interfere with the Service’s operations, including through bots, scraping, or excessive API calls;
• Bypass access restrictions or attempt to harvest data;
• Post content that violates third-party rights, such as copyrights or privacy;
• Upload AI-generated data (e.g., portfolio reports) without clearly disclosing it as AI-generated.

You’re responsible for any content you post, upload, or share (“User Content”), such as portfolio data, API inputs, or comments on the Web Dashboard. We may review User Content using automated tools or human moderators to ensure compliance with these Terms. If your content is removed, you may appeal by contacting [email protected] within 30 days. Violations may result in content removal, account suspension, or legal action, at our discretion. We’re not liable for any loss or damage from User Content you share or access.

4. Third-Party Content

Content posted by users or third parties on the Service reflects their views, not ours. We don’t verify or endorse this content and aren’t responsible for its accuracy or reliability. Please use caution and verify information independently, especially financial data. We may monitor public areas for violations but aren’t obligated to do so. Report inappropriate content to [email protected].

5. Third-Party Links

The Service may link to third-party websites, apps, or content (“Third-Party Materials”), such as external financial data providers. We don’t control or endorse Third-Party Materials and aren’t responsible for their content, accuracy, or policies. Access them at your own risk and review their terms and privacy policies.

6. Copyright Complaints

We respect intellectual property rights. If you believe content on the Service infringes your copyright, send a notice to our Copyright Agent at [email protected] or [Mailing Address]. Your notice must include:

• A description of the copyrighted work;
• The URL or location of the infringing content;
• Your contact information;
• A statement of good faith belief that the use is unauthorized;
• A signed statement under penalty of perjury.

We’ll review complaints within 7 business days and may remove infringing content. Users may submit counter-notices per 17 U.S.C. § 512(g). Repeat infringers’ accounts may be terminated.

7. License to Your Content

By posting User Content, such as portfolio data or API inputs, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, display, store, and reproduce your content solely to operate and promote the Service (e.g., generating PDF reports, displaying analytics on the Web Dashboard). You can revoke this license by deleting your content, though copies may remain in backups. You retain ownership of your content and any attribution rights.

8. Intellectual Property

We and our licensors own all intellectual property in the Service, including its logos, code, analytics algorithms, and designs. You retain ownership of your User Content, subject to the license in these Terms. If you provide feedback, we may use it without restriction, but this doesn’t affect your ownership of underlying content.

9. Legal Notices

Notices to the Company must be sent via certified mail to [Mailing Address] or email to [email protected]. Notices sent through the Service’s messaging system or general email don’t constitute legal notice.

10. Electronic Communications

You consent to receive notices, agreements, and other communications from us electronically via your registered email. These satisfy any legal requirement for written communication. You may receive transactional emails (e.g., account updates, PDF report delivery) and promotional emails. To opt out of promotional emails, update your preferences in your account settings. Opting out of transactional emails may affect your use of the Service.

11. No Warranties

The Service is provided “as is” without any warranties, express or implied, including for merchantability, fitness for a particular purpose, or uninterrupted access. While we strive to protect your data and ensure accurate analytics, no system is fully secure or error-free. Some jurisdictions may not allow these disclaimers, so your rights may vary.

12. Liability Limits

Liability Limits

To the fullest extent permitted by law, we, our affiliates, and partners aren’t liable for indirect, incidental, or consequential damages (e.g., lost profits, data loss, investment losses) arising from your use of the Service, User Content, or interactions with other users, even if we’re aware of the possibility. Some jurisdictions may not allow this, so your rights may vary.

Dispute Release

You release us from claims or damages arising from disputes with other users or third parties (e.g., financial data providers integrated via API). This release applies to all claims, known or unknown.

13. Changes to Terms

We may update these Terms at any time. Material changes (e.g., new use restrictions, data processing changes) will be announced via email and a notice on the Web Dashboard at least 30 days before taking effect. By continuing to use the Service after changes, you agree to the updated Terms. Check [Terms Page URL] for the latest version. If you disagree with the changes, you may stop using the Service within 30 days.

14. Accessibility

We strive to make the Service accessible to all users, in compliance with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). If you have difficulty accessing the Web Dashboard, API, or other features, contact us at [email protected] to request assistance or provide feedback.

15. General Provisions

• Governing Law: These Terms are governed by U.S. federal law and New Hampshire state law, without regard to conflict of law principles. If you’re outside the U.S., local laws may grant additional rights that these Terms don’t limit.
• Dispute Resolution: Disputes must be resolved through binding arbitration per the American Arbitration Association’s rules, unless you opt out within 30 days by emailing [email protected]. You waive the right to participate in class actions.
• Severability: If any provision is invalid, the remaining provisions remain in effect.
• No Waiver: Our failure to enforce any provision doesn’t waive our rights.
• Time Limit: Claims must be brought within one year of arising.
• Assignment: We may assign these Terms without your consent; you may not assign them without our written approval.

Acknowledgment: By using the Service, you confirm you’ve read, understood, and agree to these Terms and the Privacy Policy. These Terms and the Privacy Policy are the complete agreement between you and Gyre Holdings LLC, superseding any prior agreements or communications.