This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "you," or "your") and Gist Technologies ("Gist," "Licensor," "we," "us," or "our") for the use of the Gist mobile application (the "App" or "Licensed Application"), including any updates, upgrades, and related documentation.
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the App.
1. Acknowledgement
This EULA is entered into between you and Gist Technologies only, and not with Apple Inc. ("Apple"). Gist Technologies, not Apple, is solely responsible for the App and the content thereof. This EULA does not provide for usage rules that are less restrictive or otherwise in conflict with the Apple Media Services Terms and Conditions (the "Usage Rules") as of the date you obtained the license.
2. Scope of License
Gist grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow you to:
- Distribute, sublicense, lease, lend, rent, or otherwise transfer the App or any rights therein to any third party.
- Reverse engineer, decompile, disassemble, decrypt, or attempt to derive the source code of the App, except to the extent expressly permitted by applicable law.
- Modify, adapt, translate, or create derivative works based on the App.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the App.
- Use the App for any unlawful purpose or in violation of any applicable laws or regulations.
- Use the App to develop a competing product or service.
3. Intellectual Property
The App, including all content, features, functionality, algorithms, signal extraction methodologies, AI models, trade setup engines, design, graphics, user interface, and all related intellectual property, is owned by Gist Technologies and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. This EULA does not grant you any rights to Gist's trademarks, service marks, or trade names.
4. AI-Generated Content
The App utilizes artificial intelligence and machine learning technologies to process financial data sources and generate trading signals, trade setups, sentiment analysis, and AI chat responses. You acknowledge and agree that:
- AI-generated content may contain errors, inaccuracies, or omissions.
- AI-generated content does not constitute financial, investment, legal, or any other form of professional advice.
- You bear sole responsibility for any decisions made based on AI-generated content.
- Gist makes no representations or warranties regarding the accuracy, reliability, or completeness of AI-generated content.
5. Subscription Services and Restore Purchases
Certain features of the App require a paid subscription ("Gist Pro"). Subscriptions are processed and managed through Apple's In-App Purchase system. By purchasing a subscription:
- You authorize Apple to charge your Apple ID account at the applicable subscription rate.
- Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current period.
- You can manage or cancel your subscription through your Apple ID account settings.
- No refund will be provided for the unused portion of any subscription period. Refunds are handled exclusively by Apple in accordance with Apple's refund policies.
- You may restore previously purchased subscriptions on a new device or after reinstalling the App by using the "Restore Purchases" option available on the subscription screen within the App.
6. Consent to Use of Data
You agree that Gist may collect and use technical data and related information, as described in our Privacy Policy, to facilitate the provision of software updates, product support, and other services related to the App. Gist may use this information to improve our products and services, provided it is in a form that does not personally identify you.
7. Third-Party Services
The App may integrate with or link to third-party services including but not limited to Apple Sign In, Google Sign In, RevenueCat, and AI/LLM service providers. Your use of third-party services is subject to their respective terms and privacy policies. Gist is not responsible for third-party services and makes no warranties regarding their availability, accuracy, or security.
8. Maintenance and Support
Gist Technologies is solely responsible for providing maintenance and support services for the App, as specified in this EULA or as required under applicable law. You may contact Gist for support at privacy@joingist.com or visit joingist.com/support. Apple has no obligation to furnish any maintenance and support services with respect to the App.
9. Warranty Disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GIST EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. GIST DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP (IF APPLICABLE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF INVESTMENT, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.
IN NO EVENT SHALL GIST'S TOTAL LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE APP OR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER.
11. Product Claims
Gist Technologies, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
12. Intellectual Property Claims
In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Gist Technologies, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
13. Legal Compliance
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Third-Party Beneficiary
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
15. Termination
This EULA is effective until terminated by you or Gist. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you shall cease all use of the App and delete all copies of the App from your devices. Sections 3, 4, 9, 10, 11, 12, and 14 shall survive termination.
16. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the Republic of Turkey, excluding its conflicts of law rules. Any dispute arising from this EULA shall be subject to the exclusive jurisdiction of the courts of Istanbul, Turkey.
17. Contact Information
If you have any questions regarding this EULA, please contact us at: