Terms & Conditions
A LEGAL DISCLAIMER
The explanations and information provided on this page are only general and high-level explanations and information on how to write your own document of Terms & Conditions. You should not rely on this article as legal advice or as recommendations regarding what you should actually do, because we cannot know in advance what are the specific terms you wish to establish between your business and your customers and visitors. We recommend that you seek legal advice to help you understand and to assist you in the creation of your own Terms & Conditions.
OVERVIEW
Circo is a Social Networking mobile application combined with physical hardware that focuses on IRL(In-Real-Life) interactions of users, introducing the smoothest way to connect with people in person, highlighting NFC technology. Access to, and use of, the App and the services available through the App (Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
TERMS & CONDITIONS
Definitions of Terms:
In the context of these Terms of Service, the term "the Company" refers to Circo and Circo Tech LLC. "The App and Services" collectively refers to the Circo App, websites, and all other applications provided by the Company, including all related features, functionalities, services, and content offered as part of the application. All references to "the Company" or "the App and Services" within these Terms of Service and any accompanying documents or communications should be understood as pertaining to the aforementioned definitions.
By agreeing to these Terms of Service, users acknowledge their understanding of these definitions and their applicability throughout the document.
1. Amendments to Terms of Use
The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the App or through the Services. Your continued use of the App and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.
2. Who may use the App?
The App and the Services are offered only for your personal and commercial use. When interacting with the App or the Services, you should exercise caution and common sense to protect your personal information safety. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.
3. App and services
Access to the App and services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.
You are responsible for ensuring your security of access to the information of App and Services.
4. Linked sites
The App may contain links to other apps or websites (Linked Sites), which are not operated by the Company. The Company has no control over the Linked Sites, makes no warranties or representations in relation to the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each respective Linked Site.
5. Privacy policy
Our privacy policy, which sets out how we will use your personal information, can be found at https://getcirco.com/privacypolicy. By using the App, you consent to our collection, storage, use and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.
6. Purchase
The Company may offer certain products and Services for purchase through the Apple App Store, Google Play or other external services as authorized by the Company (each an External Service, and any purchases made being an External Service Purchase).
When making a purchase on the Service, you may have the option to pay through an External Service, such as your Apple ID or Google Play account (External Service Account) and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account and as stated by the External Service. You may be charged a sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription on a monthly basis until you cancel your subscription. You will be automatically charged at the price and time period you agreed to when first making the purchase.
If you do not want to renew your subscription, or if you want to amend or cancel your subscription, you must log into your External Service Account and follow the instructions to manage or cancel your subscription. This applies even if you have deleted your account with us or if you have deleted the App from your device.
If you initiate a chargeback or otherwise reverse a payment made with the Company or your External Service Account, the Company may terminate your subscription immediately in its sole discretion. All purchases are final and non-refundable, except if laws applicable in your jurisdiction provide for refunds.
7. Disclaimer of representations and warranties
To the full extent permitted by law, the Company makes no representation or warranty of any kind, implied or express, as to the App's or services' accuracy, completeness, or appropriateness for any purpose.
8. Prohibitions
You must not misuse this App or the Services. This means that you must not (among other things):
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Commit or encourage a criminal offense;
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Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
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Hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users;
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Infringe upon the rights of any other person's proprietary rights;
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Send any unsolicited advertising or promotional material, commonly referred to as “spam”;
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Attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services;
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Use an emulator or similar third party software to cheat in accumulating benefits or gain an advantage;
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Make false, inaccurate, misleading or deceptive representations;
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Engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the App or the Services;
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Submit any content that contravenes any laws;
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Infringe on the rights of any person who has a copyright, patent, trademark or any other form if intellectual property right, confidentiality or privacy;
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Contravene any applicable state, federal or international law or regulation;
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Engage in defamatory or libelous conduct towards any other person;
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Threaten or harass any other person;
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Publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform;
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Publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the App or the Services without the express prior written consent from the Company; or
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Engage in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion.
You agree that, except as these Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or canceling your access to the App and the Services.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.
We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the App and the Services.
9. Intellectual property, software and content
The intellectual property rights in all software, hardware and content (including images) made available to you on or through the App or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the App or through the Services nor may you use any such content in connection with any business or commercial enterprise. You must not use the Company’s trade marks (including names and logos) in any circumstances (including by linking on websites or social media) without the Company’s prior written consent.
You grant to the Company a non-exclusive, irrevocable, global license (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.
10. Community guideline to mini-site contents
Users are strictly prohibited from posting, sharing, or otherwise disseminating any content that is obscene, pornographic, indecent, or sexually explicit. This includes, but is not limited to, images, videos, text, and links that depict nudity, sexual acts, or are intended to arouse. The Company is committed to maintaining a professional and appropriate platform, and any violation of this policy will result in immediate action, up to and including termination of the user’s account.
It is expressly forbidden for any user to copy, replicate, or otherwise use another user's profile or personal information with the intent of deception, fraud, or impersonation. This includes, but is not limited to, creating a profile that misleads others into believing you are another individual or entity. Such actions are considered serious violations and will be dealt with sternly, including potential legal action and cooperation with law enforcement.
In addition to the above, users of Circo App and services are prohibited from containing following contents within their profiles and mini-pages (refer to clause #8 above):
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Posting or transmitting defamatory, harassing, abusive, threatening, or hate-inciting content.
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Engaging in any activity that infringes upon the intellectual property rights of others, including unauthorized use of copyrighted or trademarked material.
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Using the platform for illegal activities or to promote illegal activities.
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Disseminating spam, malicious software, or other harmful technology.
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Interfering with or disrupting the service or servers or networks connected to the service.
Users are encouraged to report any content or activity that they believe violates these Community Guidelines. The Company reserves the right, but is not obligated, to monitor content and take appropriate action, including removal of content, suspension of user privileges, account termination, and legal action if necessary.
11. Linking to the Circo website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Circo website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. You must not create hyperlinks using any of the Company’s logos.
12. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured in the App are in no way associated, linked or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the App are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.
13. Indemnity
To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs or third party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:
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Your use of the App or the Services;
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Any user content submitted by you or on your behalf;
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Any breach of these Terms of Use by you;
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Any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with your use of the App or the Services; or
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Any unlawful or negligent act of you or anyone acting on your behalf.
Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.
14. Variation
The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.
15. Invalidity
If any part of the Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
16. Force majeure
The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.
17. Assignment
You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.
18. Waiver
A right under these Terms of Use may only be waived in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in the waiver.
19. Governing law and jurisdiction
These Terms of Use are governed by the State Laws of Georgia State and Federal laws of the United States of America. You agree to submit to the exclusive jurisdiction of the State Courts of Georgia or to the exclusive jurisdiction of the Federal Courts of the United States of America should it be the case of issues include but not limited to Trademark infringement, Copyright infringement, etc.
20. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us from this website or emailing to contact@getcirco.com.