Terms of use

Circle Terms and Conditions

  1. By downloading this app, you confirm you have read, understood and agree to be bound by the following Terms and Conditions (the ‘Agreement’) for the use of the Service and the collection and use of your personal information as outlined in the CIRCLE Privacy Policy.
  2. The headings in this Agreement are inserted for convenience only and shall not affect its construction or interpretation.
  3. CIRCLE is comprised of a free mobile phone application and website (the ‘Service’) that enables you to find safe locations in your vicinity, check-in with family and friends to let them know you are OK and to send alerts if you are feeling unsafe.
  4. CIRCLE IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES. IF YOU FEEL YOU ARE IN IMMEDIATE DANGER YOU SHOULD CALL EMERGENCY SERVICES
  5. CIRCLE is a service that is designed for residents of the United Kingdom.
  6. You agree that you will only use the Service to prevent harm or violence and abuse amongst your network of family and friends. By downloading the CIRCLE Mobile Application you agree that you are ultimately responsible for your usage of the Service. We encourage you to use discretion; never send unwarranted alerts or provide personal information about your network of friends to anyone without permission. If you receive an alert from someone in your network, you agree to provide requested support or otherwise notify the person at risk that you are unavailable.
  7. Access to the Service is provided on a website and via a mobile device. Access via a mobile device is enabled through a “Mobile Application”. CIRCLE and its creators do not warrant that the Mobile Application will be compatible with your mobile device.
  8. You are solely responsible for your interactions with other CIRCLE Users. CIRCLE shall have no liability for your interactions with other Users, or for any User’s action or inaction.  

  9. You may never use another User’s CIRCLE account without permission. When creating your account, you must provide accurate information. You are solely responsible for the activity that occurs on your account. CIRCLE and its creators will not be liable for any losses caused by any unauthorised use of your account.
  10. You may control your User profile and how you interact with the Service by changing the Settings in the CIRCLE Mobile Application. By providing CIRCLE with your email address you consent us using the email address to send you Service related notices, including any notices required by law, in lieu of communication by post. We may also use your email address to send you other messages, such as changes to features of the Service and other safety related information.
  11. We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information to your personal network of family and friends and aggregate data as set forth in the Circle Privacy Policy.
  12. CIRCLE and its creators care about the integrity and security of your personal information. However, you acknowledge that you provide your personal information at your own risk.
  13. 
CIRCLE and its creators hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Application for one CIRCLE account, for your personal, non-commercial, use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.
  14. You acknowledge that CIRCLE and its creators may from time to time issue upgraded versions of the Mobile Application; you agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party license EULA, if any, authorising use of such code. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and CIRCLE or its third party partners or suppliers retain all right, title, and interest in the Mobile Application (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. CIRCLE and its creators reserve all rights not expressly granted under this Agreement. 

  15. CIRCLE and its creators may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement and erase any Mobile Application software that has been downloaded. 

  16. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of CIRCLE, its creators and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CIRCLE content.
  17. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place CIRCLE under any financial or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, CIRCLE does not waive any rights to use similar or related ideas previously known to CIRCLE, or developed by its employees, or obtained from sources other than you.
  18. The following applies to any Mobile Application you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and CIRCLE and its creators, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to CIRCLE as provider of the software. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; (iv) and all such claims are governed solely by this Agreement and any law applicable to CIRCLE as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, CIRCLE, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and CIRCLE acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
  19. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots”, “spiders”, “offline readers”, etc., to access the Service in a manner that sends more request messages to the CIRCLE servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) using the Service for any commercial solicitation purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; (x) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; or (xi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
  20. You agree to defend, indemnify and hold harmless CIRCLE and its creators, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation.
  21. The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the Service will create any warranty not expressly stated herein. Without limiting the foregoing, CIRCLE and its creators does not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
  22. CIRCLE and its creators do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or service. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and CIRCLE’s Privacy Policy do not apply to your use of such sites. You expressly relieve CIRCLE and its creators from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with third party services found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that CIRCLE shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. 

  23. To the maximum extent permitted by applicable law, in no event shall CIRCLE or its creators be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. Under no circumstances will CIRCLE and its creators be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or your account or the information contained therein. To the maximum extent permitted by applicable law, CIRCLE and its creators assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) defamatory, offensive, or illegal conduct of any third party. In no event shall CIRCLE and its creators be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs.

  24. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CIRCLE and its creators has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
  25. This Agreement constitutes the entire agreement and understanding between CIRCLE, its creators and you in respect of the matters dealt with it. You acknowledge and agree that in entering into this Agreement, it does not rely on, and you shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in this Agreement. The only remedy available to CIRCLE, its creators and you in respect of any such statement, representation, warranty or understanding shall be for breach of contract under the terms of this Agreement. 

  26. No waiver of any term, provision, obligation or condition of this agreement shall be effective except to the extent made in writing by you and signed by an authorised representative of CIRCLE. No failure or delay by any party to exercise any right or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right or remedy. All such rights and remedies are several and cumulative and not exclusive of each other.
  27. If any term or provision of this Agreement shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall, to that extent, be deemed not to form part of this Agreement. The enforceability of the remainder of this Agreement shall not be affected provided, however, that if any term or provision or part of this Agreement is severed as illegal or unenforceable, the parties shall seek to agree to modify this Agreement to the extent necessary to render it lawful and enforceable – and as nearly as possible to reflect the intentions of the parties embodied in this Agreement including without limitation the illegal or unenforceable term or provision or part.

  28. For any dispute with CIRCLE, you agree to first contact us via email at admin@CIRCLE.com and attempt to resolve the dispute with us informally. In the unlikely event that CIRCLE has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any CIRCLE claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable legal fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you, CIRCLE and its creators are each waiving the right to a trial by jury or to participate in a class action.
  29. CIRCLE and its creators may modify this Agreement from time to time, as required, without notice, and so you should review this page periodically. Your continued use of the Service after any such change constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future Terms and Conditions, do not use or access (or continue to access) the Service.
  30. This Agreement shall be governed by the laws of the United Kingdom and each party hereby submits to the exclusive jurisdiction of the courts of that jurisdiction.