Term of Service

Terms of Service

Welcome to Gyre!

Please read this Terms of Service (Terms) carefully before endorsing it. By using the Services You are accepting this Terms as well as other terms and policies included in this Terms by reference.

This Terms is located at www.gyre.pro (Website) in electronic format. The Terms was last updated on: 2022.06.20.

By 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 this Terms You are not able to use the Services.

REST & VEST LLC, (Company) – the party providing the Services described below in accordance with these Terms. The Company shall act in compliance with the legislation of United Arab Emirates and is registered at the following address: Sharjah Media City (Shams), P.O. Box 9380, Sharjah, United Arab Emirates.

User (You) – an individual who gains access to the Company’s Services.

Considering this 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 this 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.

1. DEFINITIONS OF TERMS
   1. Software - the "Gyre" software posted on the Website, access to which is provided by the Company to the User, based on these Terms and Conditions in accordance with 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 in the process of using the Services.
   3. Platform – a software and hardware complex designed for storing, reproducing, and distributing Content, placing advertisements in it, and collecting statistical information, as well as providing the ability to use the Content in accordance with the Platform Terms of Service.
2. SERVICES, PRIVACY POLICY, ACCOUNT REGISTRATION
   1. According to these Terms, the Company provides the User infrastructure for hosting, data processing services related with 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. The Company has the right, without concluding separate agreements, to involve third parties solely to provide the Services in accordance with 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 do not agree with the Privacy Policy, You can not use Company`s Services.
3. INTELLECTUAL PROPERTY RIGHTS
   1. In accordance with 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, a license to use the Software in accordance with 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.
4. GUARANTEES AND LIABILITY
   1. The User confirms and guarantees the correctness of the Registration Data provided by him 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 which 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 a period of 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 set forth in these Terms, the Software is provided to the User on an “as is” basis, without any guarantees from the Company, expressed or implied. Company may decide to change, suspend or discontinue the Services at any time. The Company expressly disclaims all other guarantees, expressed or implied, including also 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. Gyre is a SaaS service with software based on third-party resources. If errors are found in the software due to the services used, Gyre reserves the right to respond to the user within 24 hours of discovering the error and will contact internal resources to determine the cause and correct the problem.
   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 as a result of 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, by 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. Company encourage You to regularly review the Platform`s Terms of Service and Privacy Policy.
5. 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, as well as 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 (selen) calendar days (Trial Period).
   3. When registering an Account, You indicate the data for the payment instrument You have chosen. 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 Company will notify You of in advance.
   4. 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 in connection with a recurring subscription or when you add or change a subscription or plan.
   5. 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.
   6. The subscription fee Company charge You will match the price shown in the attached Subscription. Company reserve the right to change the prices for Subscriptions at any time.
   7. You can only pay for Your Subscription with a credit or debit card. 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.
   8. You are responsible for any taxes You owe in connection with Your Subscription. You authorize Company to charge Your credit or debit card for any applicable taxes.
   9. Company have 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 in order 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.
   10. You agree to pay all applicable fees associated with Your use of the Services. 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.
   11. 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 full 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.
   12. If you would like to request 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 must 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.
   13. 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.
6. 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 send 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 to a third party all rights and obligations under these Terms, including by replacing the party providing the Services.
   3. The company has the right to unilaterally amend these Terms. 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 the moment of 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 the posting of 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 located on the Website.
   6. You and the Company agree that any disputes arising from these Terms will be governed solely by the laws of 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 United Arab Emirates.