Terms of Service

Welcome to Gyre!

Please read these Terms of Service (Terms) carefully before endorsing them. By using the Services, You are accepting these Terms and other terms and policies included in these Terms by reference.

These Terms are located at www.gyre.pro (Website) in electronic format. The Terms were last updated on: August 31, 2023.

Using Gyre, you acknowledge that you have read the YouTube Terms of Service and agree to be bound by them.

Without agreeing to abide by these Terms, You cannot use the Services.

REST & VEST LLC, (Company) — the party providing the Services described below following these Terms. The Company shall act in compliance with the legislation of the United Arab Emirates and is registered at the following address: Shams Business Center, Sharjah Media City Free Zone, Al Messaned, Sharjah, UAE, P.O. Box number: 9380.

User (You) — an individual who gains Company Services access.

Considering these Terms, You (a) confirm that You are at least 18 years old. Otherwise, You confirm that You have Your parent or legal guardian’s permission to execute these Terms; (b) If You register as a User or otherwise use the Services on behalf of a company, You confirm that You have the proper rights and authority, and the company has agreed of the Terms.

DEFINITIONS OF TERMS
1. Software — the "Gyre" software posted on the Website, access provided by the Company to the User, based on these Terms and Conditions following the Subscription selected by the User.
2. Content — the result of intellectual activity — objects of copyright and/or related rights: audiovisual works, phonograms, musical works, and other materials, as well as fragments of any works and materials that the User uploads and/or creates while using the Services.
3. Platform — a software and hardware complex designed for storing, reproducing, and distributing Content, placing advertisements in it, collecting statistical information, and providing the ability to use the Content following the Platform's Terms of Service.
4. Balance — is the User's virtual account in the Software, which You can top up in three ways: bank cards, PayPal, and cryptocurrency. The balance is intended only for payment of Services in the Software. Withdrawal and return of spent funds from the Balance to a bank card, other accounts of the User or third parties is impossible.
SERVICES, PRIVACY POLICY, ACCOUNT REGISTRATION
1. According to these Terms, the Company provides the User infrastructure for hosting and data processing services related to access to the Software, with the help of which the User can process the Content, as well as post the processed Content on the Platform (hereinafter together with the Software — "Services").
2. To use the Services, You must register for an account through the Software (Account). By registering for an Account, You agree to (a) provide accurate, current, and complete information that may be requested in any registration forms in the Software, including the data of Your chosen payment instrument (Registration Data); (b) maintain the security of Your password; (c) maintain and promptly update the Registration Data and any other information You provide in the Software and keep it accurate, current, and complete; and (d) accept all risks of unauthorized access to Registration Data and any other information You provide in the Software. The Company is not responsible for any loss or damage arising from Your failure to comply with this obligation. You are responsible for all activities in Your Account.
3. Without concluding separate agreements, the Company has the right to involve third parties solely to provide the Services following these Terms.
4. By using the Company`s Services, You confirm that You are familiar with and agree to Company`s Privacy Policy. If You disagree with the Privacy Policy, You can not use Company`s Services.
INTELLECTUAL PROPERTY RIGHTS
1. Following these Terms, for the entire period of using the Services, the Company provides the User with a limited, non-exclusive, non-transferable, and with the possibility of early revocation, license to use the Software following its functional purpose to obtain access to it to use the Services.
2. Except as expressly permitted by these Terms, (a) User may not make or distribute copies of the Software; (b) User may not modify, combine, adapt, or translate the Software, or decompile, disassemble, reconstruct, or otherwise transform the Software into a human-readable form; (c) User may not rent out, lease, place, or sublicense the Software; and (d) User may not create derivative works based on the Software.
3. The User retains all intellectual property rights to the Content in relation to which the Services are provided. Nothing in these Terms shall be construed as transferring ownership of the Content to the Company or any third party.
4. Except as expressly stated in these Terms, all intellectual property rights remain with their respective owners.
5. The processing of the Content by the User and its posting on the Platform using the Services is the use of the Content exclusively by the User. In this case, the Company does not use the Content, and therefore, for any actions carried out with the Content by the User using the Services, it is not required to obtain a license from the User by the Company, and the User does not and will not have any claims in this regard.
GUARANTEES AND LIABILITY
1. The User confirms and guarantees the correctness of the Registration Data provided in the Software and their compliance with passport and/or other registration documents.
2. The User guarantees the correctness of these documents and is personally responsible for maintaining the relevance of the data of the selected payment instrument, which he indicates in the Software for paying for the Services.
3. The User independently pays for taxes; the User is obligated to pay for taxes that arise for the User in connection with these Terms.
4. Each Party guarantees that it will not take any action that would harm the business reputation of the other Party.
5. The User guarantees that in the event of claims or disputes regarding the violation of the rights of third parties in connection with the use of the Company`s Services, the User undertakes to settle the claims or claims of third parties independently and at his own expense within no more than 30 (thirty) calendar days and to carry out all the necessary actions that exclude the occurrence of losses or expenses from the Company.
6. The User undertakes to reimburse the costs and losses incurred by the Company as a result of the settlement of claims or claims arising from the violation by the User of the guarantees of these Terms.
7. The User guarantees that they will not take any action to disrupt the functionality of the Software, the website, or other software and hardware Company`s infrastructure.
8. Except for the cases outlined in these Terms, the Software is provided to the User on an “as is” basis, without any guarantees from the Company, expressed or implied. The Company may decide to change, suspend or discontinue the Services at any time. The Company expressly disclaims all other guarantees, expressed or implied, including implied guarantees of commercial benefit, suitability for a particular purpose, ownership, and non-infringement, unless otherwise stated in the Terms. The Company does not guarantee that the Software will be free of errors or will function uninterruptedly.
9. The company provides Services based on the Software as a Service model (SaaS). In this regard, the Software is partially dependent on services (resources) provided by third parties. When errors are detected in the Software due to the services provided by third parties and used by the Company to provide the Services, the Company reserves the right to find out the cause of the error, notify the User, and answer the User's questions within 24 hours after error detection, and to contact representatives of resources provided by third parties to find out the causes and eliminate errors. However, the Company bears no responsibility for actions or inactions of third parties (including third partieswhose services are used by the Company) that may lead to errors in the operation of the Software.
10. Under no circumstances will the Company be liable to the other party for any claim in relation to (a) reimbursement of indirect losses, (b) compensation for lost profits, expected income, harm caused to business reputation, or (c) reimbursement of penalties related to aggravating circumstances, or in the event of compensation for punitive damages, whatever they may be; in each case regarding the Services.
11. You agree to compensate for any damages that may be caused to the Company due to Your violation of the Terms. You are solely responsible for any violation by You of these Terms.
12. The Company uses the Platform`s API services. Therefore, using the Platform Content, You agree to be bound by the Platform`s Terms of Service and Privacy Policy. The Platform may update its Terms of Service and Privacy Policy from time to time. The Company encourages You to review the Platform`s Terms of Service and Privacy Policy regularly.
SUBSCRIPTION, TRIAL PERIOD, AND PAYMENT FOR SERVICES
1. By registering an Account with us, You become a Subscriber with access to use certain Services (Subscription). Each Subscription and the rights and privileges granted to each subscriber are personal and non-transferable.
2. From the moment of the Account registration, You get access to the Services on the terms of the Trial Subscription within 7 (seven) calendar days (Trial Period).
3. The User is aware of and agrees that during the Trial Period, the Company has the right to state upon the User Content being broadcast that it is being broadcast using the Gyre.pro service.
4. When registering an Account, You indicate the data for the payment instrument you chose. By submitting such data, You agree that Company may automatically begin charging You a Subscription fee on the first day after the end of the Trial Period on a regular monthly basis or at any other interval that the Company will notify You of in advance.
5. The User can set up payment for the Services using a bank card or Balance.
6. For European Economic Area customers, your bank may require you to authenticate your original purchase with a password, a one-time code sent to your mobile phone number, or biometric identification. Once authenticated, you also authorize the Company to charge your payment method for your additional purchases without providing us with any additional payment details or other instructions (i.e., the Company will initiate future payments for the duration of the subscription). Additional purchases may include when the Company automatically charges your payment method for a recurring subscription or when you add or change a subscription or plan.
7. If You purchase a Subscription, the payment instrument You specified will be automatically charged for Services and tax charges at the beginning of each Subscription period for the corresponding period. To avoid being charged the corresponding amount in the next period, cancel the Subscription before the renewal date. To cancel Your Subscription to the Services, follow the instructions at the link, www.gyre.pro.
8. The subscription fee the Company charge You will match the price shown in the attached Subscription. The Company reserves the right to change the prices for Subscriptions anytime.
9. You can only pay for Your Subscription with a credit or debit card. The Company will charge Your credit or debit card for the first Subscription on the day Your order for Your Subscription is processed. After Your credit or debit card has been charged for the first Subscription fee, You will receive a confirmation email notifying You of Your ability to access those Subscription-only portions of the Service.
10. You are responsible for any taxes You owe in connection with Your Subscription. You authorize the Company to charge Your credit or debit card for any applicable taxes.
11. The Company has the right to save payment details and continue to charge Your payment instrument (for example, a bank card) even after the expiration of such an instrument to avoid interruptions in the provision of the Services and also use such a payment instrument to pay for other services that You wish to purchase.
12. You agree to pay all applicable fees associated with Your use of the Services. The Company may suspend or terminate Your account and/or access to the Services if Your payment is delayed and/or Your proposed payment method (such as a credit or debit card) cannot be processed.
13. When using the Services under the selected subscription, you can switch at any time to a plan that will include a larger number of Services. When changing the plan, the User is obliged to take care of saving essential data in advance because when switching to a new plan, the Company may provide the User with disk space on the new server, which will lead to the deletion of the User's data from the previous server. If, upon changing the plan, the User has unused paid time for using the Services at the current plan, the Company will convert the unused subscription time by the User into a monetary equivalent and credit these funds to the account of the User's payment of the Services at the new plan. Taking into account the fact that expanding the User's capabilities under the new plan requires additional time, as well as taking into account the possible difference in time zones, the Company adds 1 (one) day to the number of days during which the User used the subscription under the previous plan (before the change). Payment for this day is calculated in the amount according to the previous plan from which the User switches.
14. You can request to cancel your subscription anytime by contacting customer support. If you request to cancel your subscription within 14 days of making a payment, the total payment amount will be refunded, provided that the total duration of all streams on the account is less than 10 hours when your request for a refund is submitted. If you cancel the subscription after 14 days, there will be no refund, and your service will continue until the end of your subscription period.
15. If you want a refund, please contact us at [email protected]. Your request must be sent from the email address of the account that made the purchase and include: (1) the account number for which you wish to receive a refund and (2) a detailed description of the reasons for the return. The Company generally processes refund requests within ten (10) business days.
16. The Company reserves the right to block your account, refuse a refund, or offer further service provision if you submit repeated requests for a refund and/or request a payment refund for using the service on an ongoing basis.
OTHER CONDITIONS
1. By using the Services, You agree to receive emails from the Company. These emails may include transactional information and other information related to the Services. You agree that any notifications, disclosures, or other communications that Company sends You electronically will comply with any legal communication requirements, including that such communications must be in writing.
2. The Company has the right to unilaterally transfer all rights and obligations under these Terms to a third party, including by replacing the party providing the Services.
3. The Сompany has the right to amend these Terms unilaterally. These changes are published by the Company on the Website by posting a new version of the Terms. The new version of the Terms comes into force from posting on the Website.
4. If the User does not agree with the new version of the Terms, they cannot use the Services. If the User continues to use the Services after posting a new version of the Terms on the Website, it means that the User accepts and agrees with the changes made.
5. The User undertakes to independently monitor and study all changes and additions to these Terms on the Website.
6. You and the Company agree that any disputes arising from these Terms will be governed solely by the laws of the United Arab Emirates, without regard to conflict-of-laws rules. You and the Company also agree that any claims and disputes may be resolved exclusively in the courts of the United Arab Emirates.