CIRQLE PLATFORM TERMS OF SERVICE
Last updated: June 28, 2025
1. Your Relationship With Us
Welcome to Cirqle (the “Platform”), which is provided by CIRQLE (PRIVATE LIMITED), UEN 202507094Z. or one of its affiliates (“Cirqle”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). The Services consist of the Cirqle website and mobile applications, the Cirqle platform and any other products and services made available by Cirqle. Cirqle is a platform where users can access premium information, data, text, music, sound, photographs, graphics, video, messages, tags and/or other materials (collectively, “Content”) made available by Cirqle and/or by certain content creators (“Creator(s),” and such Content “Creator Content”), join exclusive members-only communities for those Creators (“Membership Communities”), purchase and sell digital and tangible merchandise and collectibles through Membership Communities or the Platform, and interact with Creators and other Members. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services. The Services are owned and operated by CIRQLE (PRIVATE LIMITED) (UEN Number 202507094Z), a company incorporated in Singapore. Our registered office is at 22 SIN MING LANE #06-76, MIDVIEW CITY, Singapore 573969. You can contact us at help@cirqle.com
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING BY CLICKING ON AN “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE; (2) YOU ARE OF LEGAL AGE TO FORM A LEGALLY BINDING CONTRACT WITH CIRQLE; AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.
THE SERVICES INCLUDE A PLATFORM WHICH ALLOWS USERS TO OFFER TO SELL, SELL AND BUY TANGIBLE AND/OR DIGITAL GOODS, ASSETS, PRODUCTS, SERVICES AND BENEFITS. ALL ITEMS AVAILABLE THROUGH THE PLATFORM, WHETHER DIGITAL OR TANGIBLE, ARE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES. CIRQLE IS NOT RESPONSIBLE FOR ANY GOODS OFFERED FOR SALE OR SOLD THROUGH THE SERVICES, UNLESS CIRQLE IS IDENTIFIED AS THE SELLER AT THE POINT OF SALE. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. YOU AGREE THAT WE SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY SELLER OF GOODS IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY GOODS.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
No one under the age of 18 is allowed to create an Account or otherwise use the Services, unless authorized by a parent or guardian. By using the Services, you represent and agree that you are:
Notwithstanding the foregoing, if you are creating an account as a Creator, you must be at least 18 years of age, regardless of whether you are authorized by a parent or guardian. If you register an account as a Creator, you therefore represent and agree that you are over the age of 18 at the time of registration and to provide proof of your age upon request.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can form a binding contract with Cirqle, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If you do not agree to these Terms, you must not access or use our Services.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: https://www.Cirqle.com/legal/report/feedback.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. We reserve the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, claims by a third-party that a username violates the third-party’s rights.
If you no longer want to use our Services again, and would like your account deleted, contact us at: https://www.Cirqle.com/legal/report/feedback. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Cirqle of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Cirqle will not be liable for any loss or damage arising from your failure to comply with this paragraph. You agree that Cirqle has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
You understand that the Services are evolving. As a result, we may require you to accept updates to any of the Services that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services. By posting Content, you affirm, represent, and warrant that: (a) you are the creator and owner of that Content, or have the necessary licenses, rights, consents, and permissions to authorize Cirqle and you to use and distribute that Content as necessary to exercise the licenses granted by you in these Terms, in the manner contemplated by Cirqle and these Terms; (b) your Content, and the Posting or other use of your Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate or cause Cirqle to violate any law or regulation, or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (c) your Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. Uploading such Content is also a violation of these Terms.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
7. Content
A. Cirqle Content
As between you and Cirqle, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Cirqle Content”), are either owned or licensed by Cirqle, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Cirqle Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (as defined and further explained in the “Virtual Items Policy”), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Cirqle Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Cirqle reserves all rights not expressly granted herein in the Services and the Cirqle Content. You acknowledge and agree that Cirqle may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Cirqle Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
B. User-Generated Content
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Virtual Items Policy“) and other elements provided by Cirqle (“Cirqle Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Cirqle Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Cirqle Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to raise, you can send us a report.
Cirqle takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Cirqle’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
i. Cirqle has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
8. Indemnity
You agree to defend, indemnify, and hold harmless Cirqle, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, (a) attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms. (b) Your Content; (c) your use of the Services in breach of these Terms of Service; (d) your violation of any rights of another party, including any Members; (e) your purchase or attempt to purchase Memberships on or through the Services; (f) your sale or attempt to sell Memberships on or through the Services; or (g) your violation of any applicable laws, rules or regulations. Cirqle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cirqle in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms of Service and/or your access to the Services.
9. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
10. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO CIRQLE WITHIN THE LAST ONE MONTH.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. Memberships
1. Platform.
The Services include a platform (the “Platform”) where Creators can sell benefits (“Benefits”), including, but not limited to, “Memberships” whose ownership is stored on digital ledgers. Pricing and payment terms, including the specific details with relation to the offering of any Memberships, shall be set forth at the point of sale. Certain portions of the Platform may be accessible only through the Membership Community of a particular Creator. Memberships and Benefits listed on the Platform are being offered by the individuals seeking to sell Memberships and Benefits (“Sellers”), and the actual contracts for sale are between the Sellers and the individuals seeking to buy Memberships and/or Benefits (as applicable) (“Buyers”). While we may, in our discretion, help facilitate resolution of disputes through various programs, we have no control over the quality of Memberships offered on the Platform nor the Benefits offered by the Sellers. We cannot control or guarantee the truth or accuracy of a Member’s or Creator’s Content, the ability of the Creator to deliver the Benefits, the ability of Sellers to sell Memberships, the ability of Buyers to pay for Memberships, or that a Buyer and Seller will actually complete a transaction or deliver or return any Memberships listed on the Platform or deliver any of the Benefits they offer. While Cirqle may provide pricing and guidance for Memberships sold by Sellers on our Platform, such information is solely informational. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any reviews provided by Members, Memberships sold by Sellers, Benefits offered or sold by the Creators or of the integrity, responsibility, or any actions of any Members. Cirqle makes no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions. When interacting with other Members you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don’t know. CIRQLE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. CIRQLE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OR YOUR USE OF OR INABILITY TO USE ANY Memberships PURCHASED THROUGH THE SERVICES.
2. Purchasing Memberships through the Platform.
You may from time to time have the opportunity to purchase Memberships through the Platform. Memberships may be redeemed for or used to ‘unlock’ various goods, rights, and other privileges on or through the Services, including, but not limited to, unique Creator Content not otherwise available to Members. The terms applicable to the purchase of each Membership will be displayed to you at the point of sale, and such terms will be viewable at all times thereafter by the then-current owner of the relevant Membership. When you purchase a Membership through the Platform, you agree to comply with any terms, including licenses or payment rights, that are embedded within or otherwise included with such Membership, and to make commercially reasonable efforts to bind subsequent owners of such Memberships to any such terms. Unless otherwise expressly set forth at the point of sale for such Membership, ownership of a Memberships does not convey any right, title or interest in or to the Content, including any characters, artwork, or other work of authorship, embodied by or linked to such Membership (such Content, “Membership IP”). Unless otherwise expressly set forth at the point of sale for such Membership, when you purchase a Membership you shall receive in connection with such Membership a limited, non-exclusive, non-sublicensable, non-transferable license to view and display the Membership IP for your personal, non-commercial use solely in accordance with the functionality of the Services for so long as you own such Membership.
3. Storage of Your Memberships.
Cirqle will record ownership of your Memberships on its internal ledger. You will be able to access your Memberships through your Account. If you lose your Account, you may lose access to your Memberships. While your Memberships may be interoperable with other compatible platforms, digital wallets or other services, only Memberships supported by Cirqle that are stored on the Platform will be accessible through the Platform. Memberships that have been transferred out of your Account to a third-party platform, digital wallet or other service may no longer be compatible with the Platform, and Cirqle disclaims all liability in connection with Memberships that have been so transferred.
4. Membership Communities.
Members may from time to time be given access to Membership Communities through the Platform. Each Membership Community has unique access requirements. Members may be able to use certain Memberships to gain access to a Membership Community. Once you join a Membership Community, you may have access to certain Creator Content and/or Third-Party Websites and/or Third-Party Applications (as defined below) through such Membership Community.
5. Selling Memberships through the Platform.
PLEASE READ CAREFULLY THIS IMPORTANT INFORMATION ABOUT PROCEDURES FOR SELLING MEMBERSHIPS THROUGH THE PLATFORM BEFORE USING THE PLATFORM TO SELL MEMBERSHIPS. To help the government fight the funding of terrorism and money laundering activities, applicable law requires all financial institutions to obtain, verify, and record information that identifies each person who has an account which has the ability to list items for sale on the Platform. When you engage in transactions on the Platform, we may ask for your name, address, date of birth, and other information that will allow us and/or our Payment Processor(s) (as defined below) to identify you. We may also ask for a copy of your driver’s license or other identifying documents. We reserve the right to require you to provide additional information and documents. Failure to provide such information upon request, as well as any other violation of these Terms of Service, may result in your removal from the Services, including a termination of your ability to sell through the Platform.
6. Restrictions Specific to Memberships.
You shall not (and shall not permit any third-party to) take any action or Make Available any Content on or through the Services that engages in or knowingly facilitates any ‘front-running’, ‘wash trading’, ‘pump and dump trading’, ‘ramping’, ‘cornering’ or fraudulent, deceptive or manipulative trading activities, including: (a) trading a Membership at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Membership, unduly or improperly influencing the market price for such Membership trading on the Services or establishing a price which does not reflect the true state of the market in such Membership; (b) executing or causing the execution of any transaction in a Membership which involves no material change in the beneficial ownership thereof; (c) entering any order for the purchase or sale of a Membership with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Membership, has been or will be entered by or for the same or different parties; or (d) participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of an a Membership.
7. Taxes on Transactions Involving Memberships.
You are solely responsible for determining what, if any, taxes apply to transactions involving your Memberships. Neither Cirqle nor any other Cirqle entity is responsible for determining the taxes that may apply to transactions involving Memberships.
8. Memberships.
Cirqle offers Subscriptions. These Memberships allow you to enjoy access to exclusive Content and/or Membership Communities, as described at the point of sale. You can purchase a Membership through the Services. By purchasing a Membership, you authorize us to charge the relevant fees to the payment method with which you placed the order.
(A) Subscriptions.
You can choose a subscription to access, view, and interact with exclusive Content and/or Membership Communities and/or enjoy other benefits (each a “Subscription”). Subscriptions will automatically be renewed at the end of the relevant subscription period at the then-current subscription fee, except if your payment method payment is declined or if you have canceled your Subscription. You have the right to cancel your Subscription at any time, and if you do so you will be permitted to enjoy the benefits attached to the Subscription until the end of your subscription period in which you canceled, after which no further payments will be taken from your payment method in respect of the Subscription (unless you choose to renew your Subscription at a later stage) and you will no longer be able to continue to enjoy the benefits attached to the Subscription.
9. Account Management.
Certain Creators may use third party companies, agencies or individuals to manage their account for them (including but not limited to the posting of content and answering of messages sent to the account), meaning that when interacting with a Creator you may be interacting with a third party company, agency or individual. Cirqle is not responsible for your interaction with, or the management of, a Creator account, nor is Cirqle responsible for ensuring your interactions are with the Creator themselves. CIRQLE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH A CREATOR OR A THIRD PARTY MANAGEMENT COMPANY, AGENCY OR INDIVIDUAL MANAGING THE CREATOR’S ACCOUNT ON THEIR BEHALF.
12. RESPONSIBILITY FOR CONTENT.
1. Types of Content.
You acknowledge that all Content shall be the sole responsibility of the party from whom such Content originated. This means that you, and not Cirqle, are entirely responsible for all Content that you upload, post, sell, e-mail, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that other Members of the Services, and not Cirqle, are similarly responsible for all Content that they Make Available through the Services (“User Content”). User Content includes, but is not limited to, Creator Content.
2. No Obligation to Pre-Screen Content.
You acknowledge that we have no obligation to pre-screen Content (including, but not limited to, User Content), although we reserve the right in our sole discretion to monitor, pre-screen, refuse or remove any Content. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including, but not limited to, chat, text, or voice communications. In the event that Cirqle pre-screens, refuses or removes any Content, you acknowledge that Cirqle will do so for Cirqle’ benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates these Terms of Service or that we otherwise determine in our sole discretion is objectionable.
3. Storage.
Unless expressly agreed to by us in writing elsewhere, we have no obligation to store any of Your Content that you Make Available on the Services. Cirqle has no responsibility or liability for: (a) the deletion or accuracy of any Content, including Your Content; (b) the failure to store, transmit or receive transmission of Content; or (c) the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that we retain the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by us in our sole discretion.
4. Prohibition on Leaked Content.
You shall not distribute, post, spread, display, transmit, publish or otherwise provide any Restricted Content to other persons (“Leak”), including to any public or private medium, platform, feed or community. “Restricted Content” means any Content (other than Your Content, but including any Creator Content or other User Content) that is provided, streamed, made available or otherwise accessed on or through the Services on a restricted basis rather than on “public” areas of the Services, such as, for example, Content provided to Membership Communities or only to persons with a Membership, or Content provided on an exclusive basis or via a private message or a private, Membership-only or subscription only feed. Without limiting any other rights, remedies or recourse of Cirqle (including without limitation the suspension or termination of your Cirqle Account or the collection of damages), if you violate the foregoing prohibition on Leaks, Cirqle may impose a leaking fee on you to compensate Cirqle for the damages caused by such Leaks which may be collected through your Payment Method or otherwise in the same manner as other fees payable by you under this Terms of Service. Such leaking fee shall be calculated as follows: for every individual Leak (one piece of Content such as one image or one video) by you, you may be charged a leaking fee of $150 per site, platform or medium on which the leaked Content can be found, accessed or viewed. We reserve the right to impose such leaking fee for up to five “instances” for a given piece of Leaked Content, as we assume any additional Leaks may not be by the original leaker. An instance is defined as a specified site, platform or medium where the leaked Content can be found, accessed or viewed, as indicated in a Leak report submitted to Cirqle or as otherwise discovered or reported to us. If you do not immediately remove all Content which you Leaked in violation of this paragraph from all sites, platforms and medium, we reserve the right to charge you an additional Leak remediation fee of $350. The foregoing leaking fee and Leak remediation fee are intended and designed to be a reasonable estimate of damages incurred by Cirqle from unauthorized Leaks and not as a penalty for such Leaks, and therefore constitute liquidated damages as compensation to Cirqle for such damages.
13. Ownership
1. Services.
Except with respect to Your Content and User Content, you agree that Cirqle and our licensors own all rights, title and interest in and to the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, documentation and Cirqle software).
2. Trademarks.
Cirqle and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Cirqle and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
3. Your Content.
Cirqle does not claim ownership of Your Content. However, when you post or publish Your Content on, in or through the Services, you warrant that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, display, share, and monetize on your behalf Your Content worldwide on, in or through the Services.
4. License to Your Content.
Subject to any applicable account settings that you select, you grant Cirqle a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content for the purposes of operating and providing the Services to you and to our other Members and to improve the Services and develop new products and services. Please remember that other Members may search for, see, use, modify and reproduce any of Your Content that you submit to any ‘public’ area of the Services. You agree that you, not Cirqle, are responsible for all of Your Content that you make available on or in the Services.
5. User Content.
You may only use any User Content, whether as embedded in or otherwise comprising a Membership or otherwise available on the Services, in accordance with the terms of these Terms of Service and with the terms of any additional right or license granted expressly by the creator of such User Content and, in the case of Memberships, as set forth at the point of sale and solely if as applicable to you as a Buyer. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any ‘public’ area of the Services, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content.
6. Feedback.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Cirqle through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including, but not limited to, obligations of confidentiality) with respect to such Feedback. You warrant that you have all rights necessary to submit the Feedback. You hereby grant to Cirqle a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use and commercially or non-commercially exploit in any manner any and all Feedback.
14. INTERACTIONS WITH OTHER USERS.
1. User Responsibility.
You are solely responsible for your interactions with other Members and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in such disputes. You agree that Cirqle will not be responsible for any liability incurred as the result of such interactions.
2. Content Provided by Other Users.
The Services may contain User Content provided by other Members. Cirqle is not responsible for and does not control User Content. Cirqle has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Members at your own risk.
15. FEES AND PURCHASE TERMS.
1. Fees.
Registering for the Services is free; however, we charge certain fees for various transactions through your use of the Services (“Fees”) as set forth at the point of sale. All amounts are quoted in Singapore dollars unless otherwise stated.
2. Payment.
You agree to pay any Fees or charges incurred by your Account in accordance with the fees, charges and billing terms then-currently in effect. You may be required to provide us or our Payment Processor(s) (as defined below) with a valid credit card, digital wallet address, bank account information or other payment provider account (“Payment Method”) as a condition to accessing certain Services. By providing us with your Payment Method details, you agree that Cirqle is authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. We reserve the right at any time to change our fees, prices, and/or billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
3. Taxes.
Any payments required may not include any Sales Tax that may be due in connection with the Services provided. If Cirqle determines it has a legal obligation to collect a Sales Tax from you, Cirqle will collect such Sales Tax in addition to the other payments required. If any Services or products, or payments for any Services or products, are subject to any Sales Tax in any jurisdiction and you have not paid the applicable Sales Tax to Cirqle, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Cirqle for any liability or expense Cirqle may incur in connection with such Sales Taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
16. RELEASE.
Cirqle expressly disclaims any liability that may arise between users of its Services. The Platform is a venue for connecting Buyers with Sellers. Because Cirqle is not a party to the actual contracts between Buyers and Sellers, in the event that you have a dispute with one or more users, you release Cirqle, its parents, subsidiaries, affiliates, officers, employees, investors, agents, partners and licensors, but excluding any users (each a “Cirqle Party” and collectively the “Cirqle Parties”) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
17. MISCELLANEOUS.
All items are non-refundable. All payments must be at least $3, and there are no maximum payment thresholds. We accept payments in Singapore dollars.
1. Termination by Cirqle.
Cirqle reserves the right to terminate your access to some or all of the Services, including by closing your Account, without notice to you in the event we reasonably believe that you are in breach of any part of these Terms of Service.
2. Effect of Termination.
Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services also includes deletion of your Account and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Cirqle will not have any liability whatsoever for any suspension or termination, including for deletion of Your Content. All provisions of these Terms of Service which by their nature should survive, shall survive termination of Services, including, but not limited to, ownership provisions, warranty disclaimers, and limitation of liability.
18. INTERNATIONAL USERS.
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Cirqle intends to announce such Services or Content in your country. The Services are controlled and offered by Cirqle from its facilities in Singapore. Cirqle provides no warranties that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
19. THIRD-PARTY SERVICES.
1. Third-Party Payment Processing.
Payment processing for the Services will be performed by Cirqle’ third-party payment processors (each, a “Payment Processor”). Your use of the payment processing facility provided by the Payment Processor is subject to the Payment Processor’s own terms and conditions, as may be modified by the Payment Processor from time to time. As a condition of using the Payment Processor’s payment processing facility, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor and to charge your payment method for all amounts that may become due under these Terms of Service. All bank, credit card or other payment information is sent directly to and stored with the Payment Processor using its security protocols. Cirqle does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information.
2. Third-Party Websites, Applications and Ads. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or service. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Cirqle. Cirqle is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Cirqle provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor or endorse any Third-Party Websites, Third-Party Applications or Third-Party Ads.
20. Other Terms
a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. The Terms of Service and any action related thereto will be governed and interpreted by and under the laws of Singapore.
b. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy.
c. Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and Cirqle and govern your use of the Services and completely replace any prior agreements between you and Cirqle in relation to the Services.
d. Links. 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. 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 to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
e. Age Limit. The Services are only for people 13 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.
f. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
g. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
h. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
i. Third-Party Rights. These Terms of Services are between you and us, and no other person shall have any rights to enforce any of its terms.
j. Assignment. These Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.
k. Force Majeure. Cirqle shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, epidemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
l. Electronic Communications. The communications between you and Cirqle may take place via electronic means, whether you visit the Services or send Cirqle e-mails, or whether Cirqle posts notices on the Services or communicates with you via e-mail. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
M. Questions? Contact us at: https://www.Cirqle.com/legal/report/feedback.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple.
Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:
Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
Supplemental Terms – Jurisdiction-Specific
Brazil. If you are using our Services in Brazil, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
India. If you are using our Services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Indonesia. If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
United Arab Emirates. If you are using our Services in the United Arab Emirates (“UAE”), the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
Mexico. If you are using our Services in Mexico, the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
CREATOR TERMS OF SERVICE
Effective as of 28th July 2025.
Welcome, and thank you for your interest in the Cirqle Platform (“Cirqle”, “we” or “us”) and becoming a Creator on our Platform.
PLEASE READ THESE CREATOR TERMS OF SERVICE (“CREATOR TERMS”) CAREFULLY.
THESE CREATOR TERMS ARE ADDITIONAL TERMS WHICH APPLY TO YOU IF YOU USE OUR SERVICES AS A CREATOR. NOTWITHSTANDING BEING BOUND BY THESE TERMS, YOU WILL CONTINUE TO BE SUBJECT TO THE PLATFORM TERMS OF SERVICE. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE PLATFORM TERMS OF SERVICE AND THESE CREATOR TERMS, THESE CREATOR TERMS WILL PREVAIL TO THE EXTENT OF SUCH INCONSISTENCY.
PLEASE NOTE THAT THESE CREATOR TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of these Creator Terms available on or through the Services. We will also update the “Last Updated” date at the top of these Creator Terms. If we make any material changes, and you have registered with us to create a Creator account (“Creator Account”), we may also send an e-mail to you at the last e-mail address you provided to us. Any changes to these Creator Terms will be effective immediately for all Creators on the Services and will be effective as of the Last Updated date. We may also require you to provide consent to the updated Creator Terms in a specified manner before further use of the Services as a Creator is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services as a Creator. Otherwise, your continued use of the Services as a Creator constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT CREATOR TERMS OF SERVICE.
Unless defined in these Creator Terms, the defined terms used in these Creator Terms of Service are as defined in the Platform Terms of Service.
1. OBLIGATIONS OF A CREATOR
1. Using our Services as a Creator
When registering with us or using the Services as a Creator, you agree and acknowledge that you are responsible for:
2. Offers and Subscription Benefits
When providing certain sales, offers, Subscription Benefits, or other services to other users of our Services (whether these are one-off benefits or recurring benefits (e.g. a monthly recuring offering)), you acknowledge and agree that you are solely responsible for providing and honoring those sales, offers and Subscription Benefits (e.g. should you offer monthly video call sessions as part of your subscription, you are solely responsible for providing those monthly video call sessions). You warrant that you will honor the offers and Subscription Benefits you offer via the Services, and acknowledge that Cirqle is not responsible for ensuring you deliver and/or honor the offers, sales and/or Subscription Benefits made available by you.
3. Binding Terms
When using our Services you acknowledge that you shall comply in full with these Creator Terms of Service, our Platform Terms of Service and all other Supplemental Terms which may apply to your use of the Services as a Creator. Every Creator is bound by these Creator Terms of Service. If you have an agent, agency, management company or other third-party assisting you with the operations of your Creator Account (or which operate it on your behalf), this does not affect your personal responsibility.
2. CREATOR CONTENT
1. Creator Content
Any Creator Content uploaded, published, displayed or posted to the Platform by you shall comply with the Terms of Service and Creator Terms of Service. Cirqle does not claim ownership of your Creator Content, however, when you post or publish your Creator Content on, in or through the Services, you warrant that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, display, share and exploit your Creator Content worldwide on, in or through the Services. You warrant that your Creator Content is of satisfactory quality, taking into account any description of your Creator Content, the price and all other circumstances including any statement or representation which you make about the nature of your Creator Content on your account and is as described by you.
2. No endorsements
We are not responsible for and do not endorse any aspect of any Creator Content posted by you.
3. License to Creator Content.
Subject to any applicable account settings that you select, you grant Cirqle a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your Creator Content for the purposes of operating and providing the Services to you and to our other Members and to improve the Services and develop new products and services. Please remember that other Members may search for, see, use, modify and reproduce any of your Creator Content that you submit to any ‘public’ area of the Services. You agree that you, not Cirqle, are responsible for all of the Creator Content that you make available on or in the Services.
4. Publicity
You agree that Cirqle may publicly identify you as a Creator on the Cirqle platform and include you in its marketing and promotional materials. You hereby grant Cirqle a non-exclusive, irrevocable, sublicensable, royalty-free right and license to use your name, image, likeness, trademarks, logos and other identifiers in connection with the foregoing purposes.
5. Usage Data
You hereby authorize Company and its third-party service providers to collect and analyze User Content and other data and information relating to the Service and related systems and technologies and derive statistical and usage data relating thereto (collectively, “Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. As a Creator, Usage Data may include data and information relating your use and activity on Cirqle, including your earnings, audience and viewership metrics, and other similar analytics.
3. PAYMENTS TO SELLERS
1. Sale by a Seller
In the event of a sale of a Membership or other Creator Content or a Tip by you through the Platform (a “Sale”), Cirqle shall pay you a percentage (%) of Cirqle’ Net Consideration in respect of the Sale (the “Sale Proceeds”). For the purpose of this Section, “Net Consideration” shall mean, with respect to any Sale, the total consideration actually received by Cirqle in connection with such Sale less any fees, taxes, and third-party expenses (e.g. any ‘gas’ or other payment or transaction processing fees).
2. Payment terms
When cashing out, you can either select to receive your funds via bank transfer. We take a 15% fee of all credit/debit Sales. By default, Cirqle shall pay Sale Proceeds owed to you monthly within thirty (30) days of the end of each such monthly period to your bank account as identified in your Creator Account.
3. Withholding of payment
Cirqle may withhold all or any part of the Sale Proceeds due to you but not yet paid out if:
for as long as is necessary for us to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). We shall not have any responsibility to you if we withhold any of your Sale Proceeds where we have a right to do so under these Creator Terms of Service.