Terms of Service

We (the folks at Gyroscope Innovations, Inc.) run an app and website platform called Gyrosco.pe and would love for you to use it. Gyroscope is a membership-based service with several tiers — from Basic (free), to Gyroscope One (our flagship digital membership), to Gyroscope X (which includes human coaching and blood testing), along with some legacy or promotional plans. The service is designed to track, store, and analyze your data to help improve your health, with almost all revenue coming from paid subscriptions — a core part of our privacy model.

Our goal is to give you full control and transparency over your account and data, while delivering powerful tools for self-optimization. Use of Gyroscope constitutes agreement with these Terms of Service and our Privacy Policy.

TL;DR:

• We do not sell your data. Revenue comes from subscriptions.
• You own your content, but give us rights to use it for service delivery.
• Subscriptions renew automatically until cancelled.
• You can cancel or delete your account at any time.
• Refunds are only offered for new users within 30 days of starting a subscription, if requested within 60 days of account creation.
• Inactive or unpaid accounts may be deleted after a grace period.
• We can suspend or terminate accounts for violations.
• We welcome feedback and may use it to improve the product.
• We use AI features powered by privacy-respecting models with no data retention.
• You accept full responsibility for your own health and safety when using any health-related programs.
• Use of the app constitutes acceptance of our Informed Consent agreement.

The Gyroscope websites, related mobile applications and services (collectively, the “Services”) are made available to you by Gyroscope Innovations, Inc., subject to these Terms of Service (the “Terms”) and in accordance with the Gyroscope Privacy Policy (the “Privacy Policy”). More information about the Services may be found at https://gyrosco.pe. You agree to comply with these Terms and any supplemental terms which Gyroscope makes available to you on the Services which shall form part of the Terms.

BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

The Gyroscope Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Gyroscope processing data about you, and other Gyroscope members, including your location data. Processing of the data you share with Gyroscope, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

The following terms and conditions (“Terms”) govern all use of the Gyroscope website and all content, services, and products available at or through the website, app and other platforms. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Gyroscope’s Privacy Policy) and procedures that may be published from time to time by Gyroscope (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Gyroscope, acceptance is expressly limited to these Terms.

Our Services are not intended for individuals under 18 years of age. You must be at least 18 to register, access, or use Gyroscope. By using the Services, you represent and warrant that you are 18 or older, and legally capable of entering into binding agreements.

Registration and Accounts

To register for and use the Services, you must be at least 18 years old. If you are younger than 18, do not sign up for a Gyroscope account, connect any data, or provide any personal information. Gyroscope does not knowingly collect or process data from individuals under the age of 18. If we discover that you have registered in violation of this policy, we reserve the right to terminate your account and delete associated data.

To use the Services, you must register for an account. You agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that Gyroscope may use your Member Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Member Data that is inaccurate or not current, or Gyroscope has reasonable grounds to suspect that such Member Data is inaccurate or not current, Gyroscope has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Gyroscope of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Gyroscope.

You may register for or log-in to your account via a third-party network, such as Facebook. If you do so, you hereby authorize Gyroscope to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

Membership & Plan Options

You can switch between available plans — including Basic (free), Gyroscope One, Gyroscope X, and legacy or promotional plans — at any time. Changes take effect immediately. Some plans may be discontinued or invite-only. Custom or discounted pricing may have different terms or renewal behavior and cannot be reinstated after being cancelled.

Basic (free) accounts are available to new users or downgraded members but may have limited functionality. In cases where downgrade is not possible — due to storage limits or unsupported features — accounts may be archived or deleted. We reserve the right to remove inactive or unpaid accounts after a grace period to preserve system integrity.

AI Usage & Responsibility

Gyroscope uses AI models to provide summaries, reports, chat-based coaching, and health suggestions. These outputs are generated using premium models with no data retention or external training on user content. AI responses may not always be accurate, up to date, or appropriate for your personal situation. You are responsible for independently evaluating any AI-generated advice before acting on it.

Health Score & Longevity Estimates

Gyroscope includes a feature called Health Score, which provides a calculated estimate of your overall health and projected lifespan based on available data — such as activity, nutrition, sleep, lab results, and other metrics. This score is designed to offer insights into your current lifestyle and help you make improvements that may contribute to better long-term outcomes.

While our goal is to help you live 10 to 20 years longer through measurable changes, this score is an estimate only. It is not a clinical diagnosis or guarantee of future health or longevity. Many factors that influence lifespan are outside our control or ability to measure, and individual results may vary.

You are encouraged to use the Health Score as a personal feedback tool, but it should not be used as a substitute for professional medical assessments, genetic testing, or diagnosis from licensed providers. We make no guarantees about actual lifespan, disease risk, or outcomes based on this score.

Third-Party Integrations

Gyroscope may connect to external services (e.g., Apple Health, Oura, lab testing providers). By linking such accounts, you authorize us to access and process that data. We are not responsible for their uptime, data accuracy, or privacy policies. Blood testing kits are provided by third-party labs; while we evaluate these services, Gyroscope cannot guarantee accuracy of their results or be held liable for their outcomes.

Cancellation

If you signed up for membership on the Gyrosco.pe website, you may cancel your membership by visiting the “Billing” page and selecting “Downgrade to Basic”. You can also navigate directly to https://gyrosco.pe/cancel/

If you signed up through the Apple iTunes store, you may cancel your Premium membership by downgrading through their interface.

We recommend signing up for only one subscription. It is your responsibiity to check that you are not subscribed on two platforms, as we are not able to do that for you or manage your iTunes account.

You can delete your account by going to https://gyrosco.pe/delete/ and requesting deletion. This first requires cancelling any active subscriptions and then deleting the app to stop background syncing.

Data Storage & Access

Gyroscope stores your health and activity data to help you track progress over time. Free (Basic) members can track certain types of data such as food logs and locations, with storage lasting between 30 to 365 days depending on available unlocks or referral bonuses. Access to historical data may be limited at any time based on plan usage or availability.

Paid members (e.g., Gyroscope One or X) receive fully automatic storage and syncing of additional data types — including steps, workouts, weight, fasting history, sleep, blood tests, and personalized insights. These data types are securely stored in Gyroscope Cloud and made accessible through reports and tools across the service.

Accounts without an active membership may lose access to advanced features and will not have new data synced, stored, or retained beyond the Basic tier limits. We reserve the right to delete or archive data in inactive or downgraded accounts after a grace period.

Data Export

You may export your data as a CSV from the export page at https://gyrosco.pe/export/. This includes monthly CSVs and summary tables. Abuse of the export system such as automated scraping or treating it as an API is prohibited. Rate limits apply for the protection of our community. Excessive use may result in temporary or permanent account suspension. New CSVs will be available each month, so you are encouraged to download the new files at the end of each month to maintain your personal records. In most cases, the data is also available from the original source, so this export service is provided as a convenience for our premium members.

Subscriptions, Billing & Refunds

Paid memberships are billed in advance (monthly, annually, or other cadence) and renew automatically unless cancelled at least 24 hours before the next billing cycle. Subscriptions started on the website can be managed at gyrosco.pe/billing or through Apple/Google if purchased in-app.

If payment fails, access may be revoked immediately. Subscriptions started via the Apple App Store or Google Play are managed separately and are subject to their respective refund and cancellation policies. Gyroscope cannot issue refunds for in-app purchases.

We offer a 30-day refund for new members who joined within the past 60 days. After that period, all payments are final. No refunds are issued for recurring charges, renewals, or unused time.

Credits, Gift Cards, and In-App Tokens

From time to time, Gyroscope may issue promotional credits, referral bonuses, or gift cards for use within the app. These are provided at Gyroscope’s sole discretion and may be redeemed for eligible services or memberships, but have no cash value and are not transferable, refundable, or redeemable for real-world currency unless required by law.

Gift cards are typically provided for promotional or demonstration purposes and are not for resale. Gyroscope reserves the right to revoke or expire unused balances at any time.

In some areas of the app, virtual tokens may be used to manage or allocate system resources (e.g., calls, chat, food analysis, intelligence usage). These tokens are a symbolic in-app utility for motivation, entertainment and load balancing purposes only, and do not represent legal tender or monetary value. They cannot be transferred, sold, or exchanged outside the app. Gyroscope makes no guarantees about their availability or utility, and token balances may increase or decrease over time. Members on Gyroscope One are granted automatic refilling of tokens, which is subject to availability.

Medical Disclaimer & Risk Disclosure

Gyroscope is not a medical provider. Content and features — including health scores, fasting suggestions, workout plans, food targets, breathwork, and meditation — are for informational purposes only. They are not intended as medical advice, diagnosis, or treatment. You are solely responsible for your health decisions.

You must consult a licensed medical professional before starting any new health, fitness, or nutrition program — especially if you have a history of cardiovascular issues, high or low blood pressure, mental health concerns, or eating disorders. By using Gyroscope, you confirm that you are medically cleared for participation.

You assume full risk and responsibility for injury, illness, or unexpected outcomes — including rare events such as accidents while exercising. This includes risks arising from improper usage, unexpected environmental conditions, or preexisting conditions. You acknowledge that lifestyle changes (such as fasting, caloric restriction, or supplements) carry potential risks and should be undertaken responsibly.

Use of the food tracking or weight-related features implies that you do not currently suffer from an eating disorder or have a known predisposition. If you have concerns, consult a physician or mental health professional before using these features.

Support

For assistance, please use the in-app support chat (for premium members) or submit a request (for free members) at gyroscope.typeform.com/support. For maximum privacy and security, we no longer offer support via email.

Legal Terms, Waiver & Arbitration

Full legal terms, disclaimers, waiver of liability, class action restrictions, and arbitration clauses are included below. By continuing to use the app or service, you acknowledge and accept all risks and terms described in this document.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Gyroscope or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Gyroscope grants you a personal, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Gyroscope.

The term Gyroscope, the Gyroscope logo and other Gyroscope logos and product and service names are the exclusive trademarks of, and are owned by, Gyroscope Innovations, Inc., and you may not use or display such trademarks in any manner without Gyroscope’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Gyroscope reserves all rights not expressly granted hereunder.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.


Termination.

Gyroscope may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Gyroscope account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 


Informed Consent

Exercise Program Informed Consent and Release Agreement

Use of Gyroscope constitutes an acceptance of the liability waiver, fully detailed at https://gyrosco.pe/waiver/. Following insights, workouts, meditations or any other instructions from the app includes risks, including injury or death (though these are generally unlikely).

Gyroscope Innovations, Inc. (“Gyroscope”) is facilitating and offering one or more online exercise, meditation, breathwork, and/or other health or wellness classes (collectively, the “Exercise Program”). As a condition of my participation in the Exercise Program, I hereby voluntarily enter into this Exercise Program Informed Consent and Release Agreement (the “Agreement”) with Gyroscope.

Participation in Gyroscope by individuals under 18 years of age is strictly prohibited. I hereby represent and warrant that I am at least 18 years of age and that I am legally capable of forming a binding contract with Gyroscope.

I understand that the Exercise or Meditation Programs may be strenuous and may require me to do bodily, mental, emotional, or other physical movement that I am not familiar with in order to improve overall fitness. I know that there may be risks associated with the Exercise Program, Meditation Programs or other insights, and I assume full responsibility for any risks, injuries or damage, known or unknown, which I might incur as a result of participating in the Exercise Program, including, but not limited to, dizziness, headaches, heart attacks, muscle strains, muscle pulls, muscle, ligament or tendon tears, broken bones, shin splints, heat prostration, injuries to back, neck, knee, leg, foot, arm, hand or other body part, or any other injury, illness or soreness, including death.

I understand that I am responsible for monitoring my own safety, health and medical condition(s) while participating in the Exercise Program and, to the extent I deem advisable, I will consult with a physician before participating in the Exercise Program. Should any unusual or concerning symptoms occur while I am participating in the Exercise Program, I will immediately stop until such symptoms have resolved or I have sought appropriate medical consultation.

I make the representations and acknowledgements in this Agreement to Gyroscope with the full understanding that Gyroscope is relying on these representations.

WAIVER / RELEASE OF LIABILITY

In consideration for being allowed to participate in the Exercise Program, which I do freely and voluntarily for my own personal benefit, I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns:

1. I hereby voluntarily release, waive, discharge, relinquish, and covenant not to sue Gyroscope, its related companies, predecessors, successors, assigns, directors, officers, employees, agents and/or representatives, contractors or instructors (collectively, the “Releasees”) for any and all claims, causes of action, or liability for my personal injury, sickness and/or disease, property damage or wrongful death, caused by the negligence of the Releasees or otherwise, relating to or arising out of the Exercise Program or my participation in the Exercise Program.

2. I hereby agree to indemnify and hold harmless the Releasees from any and all liabilities or claims made by third parties (including individuals or entities) resulting or arising from my acts or omissions during or relating to my participation in the Exercise Program.

This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. Any disputes arising out of or relating to this Agreement shall be adjudicated in the state and federal courts of Delaware. If any provision of this Agreement is declared illegal or unenforceable by any court of competent jurisdiction (or other applicable governing body or agency) and cannot be modified to be enforceable (with such modification as shall be necessary to make it enforceable to the fullest extent permissible under law), such provision shall immediately become null and void leaving the remainder of this Agreement in full force and effect. The failure by Gyroscope to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. A signed copy (including via electronic signature) of this Agreement or acceptance of the terms of this Agreement transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

Disclaimer of Warranties

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. GYROSCOPE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. GYROSCOPE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT GYROSCOPE IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VAND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY.

SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND GYROSCOPE.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF GYROSCOPE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE TO RELEASE GYROSCOPE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES, DIET PLANS, OR ANY OTHER LIFESTYLE CHANGES, AND/OR USE OF THE GYROSCOPE WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY GYROSCOPE TRAINING PLAN), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (c) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GYROSCOPE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

GYROSCOPE DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO GYROSCOPE IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.

Notice for California Members

Under California Civil Code Section 1789.3, California Services members are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

United States Operation

This Services are controlled by Gyroscope from its offices within the United States of America. Gyroscope makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Gyroscope and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Limitation of Liability

In no event will Gyroscope, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gyroscope under this Agreement during the twelve (12) month period prior to the cause of action. Gyroscope shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with this Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Gyroscope, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Gyroscope a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Gyroscope any Feedback that you do not wish to license to us as set forth above.

Miscellaneous

This Agreement constitutes the entire agreement between Gyroscope and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Gyroscope, or by the posting by Gyroscope of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Gyroscope may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.