Terms of Service

By creating an account, logging in, or otherwise accessing or using Gainloom’s software (the “Service”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you and that organization.

Gainloom provides decision-support software that performs portfolio optimization calculations (including mean-variance optimization, tail-risk/CVaR analysis, and related simulations) based on data you provide. The Service is a tool, not investment advice. Gainloom is not a registered investment adviser, broker-dealer, or fiduciary, and nothing produced by the Service constitutes a recommendation, solicitation, or offer to buy or sell any security. All investment decisions remain solely your responsibility. You should independently evaluate and, where appropriate, consult qualified professionals before acting on any output of the Service.

You are responsible for the accuracy and legality of any data you upload to the Service (“Client Data”), and for maintaining the confidentiality of your account credentials. You represent that you have the right to upload and use any Client Data you submit. You are responsible for all activity that occurs under your account.

You agree not to:

• use the Service for any unlawful purpose;
• attempt to gain unauthorized access to the Service or other users’ data;
• reverse-engineer, decompile, or attempt to extract source code from the Service, except as permitted by law;
• use the Service to build a competing product; or
• upload data you do not have the right to upload.

Gainloom retains all rights, title, and interest in and to the Service, including all software, algorithms, and underlying technology. You retain all rights to your Client Data. You grant Gainloom a limited license to use, process, and store Client Data solely to provide the Service to you.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. Gainloom does not warrant that the Service will be uninterrupted, error-free, or secure, or that any output (including optimization results, risk metrics, or projections) will be accurate, complete, or suitable for any particular purpose. Historical and estimated figures (including expected return, volatility, and simulated outcomes) are estimates based on models and assumptions, not guarantees of future performance.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) GAINLOOM, ITS FOUNDERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF GAINLOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) GAINLOOM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID GAINLOOM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).

This limitation applies to any claim relating to unauthorized access to, alteration of, or loss, corruption, or theft of Client Data or other information, including as a result of a security incident, to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties, so some of the above limitations may not apply to you, and you may have additional rights.

You agree to indemnify and hold harmless Gainloom and its founders, employees, and affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your Client Data, or your violation of these Terms.

These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time for violation of these Terms, or for any reason with reasonable notice where required by law. You may stop using the Service at any time.

We may update these Terms from time to time. We will provide notice of material changes (e.g., via email or in-app notice) and update the “Last updated” date. Continued use of the Service after changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.

Questions about these Terms can be directed to: theatikshshukla@gmail.com