Terms and Conditions

Article 1. Definitions

In these terms and conditions the following definitions apply:

1. 1.
   Gylder: the service offered by cdum B.V., registered with the Dutch Chamber of Commerce under number 93033613, with its registered address at Boxmeerstraat 129, 5043ZC Tilburg, the Netherlands.
2. 2.
   User: the natural or legal person who creates an account and uses the Service.
3. 3.
   Service: the software service provided by Gylder that allows the User to connect financial accounts, enter data manually, and view their aggregated net worth.
4. 4.
   Subscription: the paid agreement under which the User has access to the Service, in the variants published on the website.
5. 5.
   Trial Period: the period of fourteen (14) days during which the User uses the Service free of charge.
6. 6.
   Connection: a link between the Service and an external provider, such as a bank, broker, or crypto exchange.
7. 7.
   Read-only mode: the state in which existing data remains visible but no new data is retrieved.
8. 8.
   Early Goose Agreement: the separate agreement that applies to participants in the Early Goose Programme.

Article 2. Applicability

1. 1.
   These terms apply to any use of the Service and to all agreements between Gylder and the User.
2. 2.
   Deviations are valid only if expressly confirmed in writing by Gylder.
3. 3.
   The applicability of any terms used by the User is expressly rejected.
4. 4.
   Participants in the Early Goose Programme are additionally governed by the Early Goose Agreement. In the event of a conflict between these terms and the Early Goose Agreement, the Early Goose Agreement prevails insofar as the Early Goose Programme is concerned.
5. 5.
   Gylder's privacy policy forms part of these terms by reference.

Article 3. Nature of the Service

1. 1.
   The Service displays information based on data from connected accounts and on the User's manual entries.
2. 2.
   Gylder is not a financial adviser, investment firm, broker, or asset manager. The Service does not provide financial, tax, legal, or investment advice.
3. 3.
   The information shown is for information purposes only. Gylder gives no guarantee as to its accuracy, completeness, or timeliness.
4. 4.
   The User shall not make financial decisions solely on the basis of information displayed in the Service.

Article 4. Account and access

1. 1.
   The User is at least eighteen (18) years of age and resides within the European Union or the European Economic Area.
2. 2.
   The User connects only accounts they are authorised to dispose of.
3. 3.
   Access to the account requires two-factor authentication. The User is responsible for keeping their login credentials and their second factor secure.
4. 4.
   The User shall report any suspected unauthorised access without delay to legal@gylder.nl.
5. 5.
   The User is responsible for the accuracy of data they enter manually. Gylder does not verify any data.
6. 6.
   An account is personal. Sharing login credentials or granting third parties access is not permitted.

Article 5. Trial Period

1. 1.
   New Users who select a subscription variant for which a trial period is offered receive a Trial Period of fourteen (14) days with full functionality.
2. 2.
   Payment details are recorded at the start of the Trial Period. No payment is collected during the Trial Period.
3. 3.
   If the User cancels before the end of the Trial Period, nothing is owed.
4. 4.
   After the Trial Period the Subscription automatically converts to the variant selected at sign-up and billing commences.
5. 5.
   If the selected variant offers less functionality than the Trial Period, the User is informed of this before the conversion.
6. 6.
   A Trial Period does not apply to every subscription variant. Which variants these are is shown at checkout.

Article 6. Prices and payment

1. 1.
   Current prices are published at gylder.nl/pricing. All prices stated include VAT.
2. 2.
   VAT is determined at checkout on the basis of the User's country of residence.
3. 3.
   Subscriptions are billed monthly or annually, in accordance with the term selected at checkout. Not every term is available for every subscription variant.
4. 4.
   Annual subscriptions are billed in advance for twelve (12) months. Monthly subscriptions are billed at the start of each billing month.
5. 5.
   Payment is processed by Gylder's payment service provider. Invoices are available through the Service.
6. 6.
   If payment is not received, Gylder may place the Service in Read-only mode after notice.
7. 7.
   Gylder may change its prices subject to Article 16.

Article 7. Changing the Subscription

1. 1.
   The User may change their Subscription at any time through the settings of the Service.
2. 2.
   An upgrade takes effect immediately. A proportionate amount is charged for the remainder of the current billing period.
3. 3.
   A downgrade takes effect at the end of the current billing period. Until then the User retains their existing access.
4. 4.
   If the User moves to a variant with a lower permitted number of Connections, they are asked to choose which Connections remain active. The remaining Connections are frozen: data already retrieved remains visible, but no new data is retrieved.
5. 5.
   Frozen Connections are not deleted. On a subsequent upgrade, data retrieval resumes for all Connections.

Article 8. Cancellation, withdrawal, and refunds

1. 1.
   The User may cancel the Subscription at any time through the settings of the Service.
2. 2.
   Cancellation takes effect at the end of the current billing period. Until then the User retains full access.
3. 3.
   Thereafter the account enters Read-only mode: existing data remains visible, retrieval of new data stops, new Connections are not possible, and manual entries cannot be changed. Data is not deleted.
4. 4.
   A User who is a consumer has the right to withdraw from the agreement within fourteen (14) days of its conclusion without giving reasons. This period begins on the day the agreement is concluded, including where it begins with a Trial Period.
5. 5.
   The right of withdrawal under paragraph 4 applies once, on the initial conclusion of the agreement, and not on a subsequent change of Subscription.
6. 6.
   Other than in the case referred to in paragraph 4, no refund is given for a billing period that has already begun. Access continues until the end of that period.
7. 7.
   If Gylder terminates the agreement in the absence of any failure on the part of the User, Gylder refunds the amount paid in advance in proportion to the unused period.
8. 8.
   The User may delete their account at any time through the settings. On deletion, personal data is rendered irreversibly inaccessible by destroying the key with which it is encrypted. Active Subscriptions are terminated. This action cannot be undone. The User is not entitled to a refund for the remaining billing period.

Article 9. Referral programme

1. 1.
   Gylder may make available to the User a personal referral code with which they can invite others.
2. 2.
   The code is personal and non-transferable. The code is not confidential and is intended to be shared.
3. 3.
   An invited user may enter a code only on sign-up and before making their first payment. A code may be entered only once per invited user.
4. 4.
   Using one's own code is not possible.
5. 5.
   If the invited user takes out a paid Subscription, both the inviting User and the invited user each receive a credit to the value of one (1) month of the subscription variant they themselves hold at that time. For participants in the Early Goose Programme, the value of the Pro variant applies.
6. 6.
   An invitation made during a Trial Period remains valid. The credit is granted once both the inviting User and the invited user hold a paid Subscription.
7. 7.
   If the inviting User does not hold a paid Subscription at that time, no credit arises for them. The invited user's credit is unaffected.
8. 8.
   The credit is automatically set off against the next billing. A credit cannot be exchanged for money, is not transferable, and is not paid out.
9. 9.
   If the invited user's payment is reversed or refunded, the resulting credit lapses. Credits already set off may be reversed in that case.
10. 10.
    A credit lapses if it has not been set off within twelve (12) months of being granted, and in any event on deletion of the account.
11. 11.
    The inviting User does not see who used their code. They see only anonymised information about how often their code has been used and whether this resulted in a credit. Gylder employees with administrator rights can see which accounts are linked, solely for the operation of the programme, for supporting Users, and for preventing abuse. This is not visible to other Users.
12. 12.
    In the event of (suspected) abuse, fraud, or the creation of accounts with the evident purpose of obtaining credits, Gylder may refuse or reverse credits and terminate access to the programme.
13. 13.
    Gylder determines which subscription variants participate in the programme and may change or discontinue the programme at any time. Credits already granted remain unaffected.

Article 10. Availability and third-party data

1. 1.
   Gylder aims for high availability but does not guarantee uninterrupted availability of the Service.
2. 2.
   Gylder may carry out maintenance that temporarily affects availability. Where possible, Gylder announces this in advance.
3. 3.
   For financial data the Service depends on third-party systems, including banks, brokers, crypto exchanges, and price providers. Gylder is not responsible for delays, errors, or inaccuracies originating with those third parties.
4. 4.
   Depending on the provider and the synchronisation schedule, data may lag by minutes to hours.
5. 5.
   Exchange rates used are indicative and may differ from the rates applied by banks or brokers.
6. 6.
   A Connection may be terminated by the third party concerned or made subject to renewed consent. Gylder has no influence over this.

Article 11. Permitted use

1. 1.
   The User is not permitted to:

   1. a.connect accounts they are not authorised to dispose of;
   2. b.reverse-engineer the Service, read it out by automated means, or extract data from it;
   3. c.circumvent security measures, rate limits, or access controls;
   4. d.share login credentials or grant third parties access to their account;
   5. e.use the Service for any unlawful purpose.
2. 2.
   In the event of a breach of this Article, Gylder may suspend access in accordance with Article 14.

Article 12. Intellectual property and the User's data

1. 1.
   The Service, including its design, software, and branding, is and remains the property of cdum B.V.
2. 2.
   The User obtains a non-exclusive, non-transferable right to use the Service for the term of the agreement.
3. 3.
   It is not permitted to reproduce, modify, distribute, or create derivative works of the Service without prior written permission.
4. 4.
   The data the User stores in the Service remains theirs. Gylder makes no claim to it.
5. 5.
   The User may export their data through the Service at any time.

Article 13. Personal data

1. 1.
   Gylder processes personal data in accordance with the General Data Protection Regulation and the privacy policy at gylder.nl/privacy.
2. 2.
   Financial data is stored encrypted with a key that differs per User.
3. 3.
   The User has the right to access, rectification, erasure, and portability of their personal data, in the manner described in the privacy policy.

Article 14. Suspension and termination by Gylder

1. 1.
   Gylder may suspend access to the Service or terminate the agreement if the User breaches these terms, where possible after prior notice and allowing a reasonable period for remedy.
2. 2.
   In the event of a (suspected) serious breach, including fraud or abuse, suspension may take place without prior notice.
3. 3.
   Gylder may discontinue the Service as a whole subject to a notice period of at least three (3) months. In that case Gylder refunds the amount paid in advance on a pro rata basis and enables the User to export their data.

Article 15. Liability

1. 1.
   Gylder is liable only for direct damage that is the direct result of an attributable failure to perform its obligations.
2. 2.
   Gylder's liability is limited to the amount the User has paid to Gylder in the twelve (12) months preceding the event.
3. 3.
   Liability for indirect damage, consequential damage, lost profit, lost savings, and damage resulting from decisions taken on the basis of information displayed in the Service is excluded.
4. 4.
   The exclusions and limitations in this Article do not apply in the event of intent or wilful recklessness on the part of Gylder, nor to the extent that liability cannot be excluded under mandatory law.

Article 16. Changes to these terms

1. 1.
   Gylder may amend these terms.
2. 2.
   In the case of an amendment that is of material importance to the User, Gylder informs them by email at least thirty (30) days before it takes effect.
3. 3.
   A User who does not agree to the amendment may terminate the agreement before the date it takes effect. Continued use after that date constitutes acceptance.
4. 4.
   Amendments of minor importance, including textual corrections and clarifications that do not restrict the User's rights, may be made without prior notice.
5. 5.
   Gylder retains a copy of every version of these terms. A previous version is available on request via legal@gylder.nl.

Article 17. Miscellaneous

1. 1.
   These terms and all agreements to which they apply are governed exclusively by Dutch law.
2. 2.
   If a provision is void or voidable, the remaining provisions remain in force and are replaced by a provision that approximates the intent of the original as closely as possible.
3. 3.
   Disputes are submitted to the competent court in the district in which Gylder has its registered office. If the User is a consumer domiciled within the European Economic Area but outside the Netherlands, the court of their domicile has jurisdiction, in accordance with Regulation (EU) 1215/2012.
4. 4.
   Gylder invites the User to raise any dispute first via legal@gylder.nl. Consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
5. 5.
   The Dutch version of these terms is decisive for their interpretation.
6. 6.
   Questions about these terms: legal@gylder.nl, cdum B.V., Boxmeerstraat 129, 5043ZC Tilburg, the Netherlands, Chamber of Commerce 93033613.