Circle System Social Network LLC – Terms and Conditions
Last updated: April 23, 2018
The Circle System terms and conditions agreement, and the “One Contract”, between the individual, has been registered in a Circle System (“Service”), belonging to Circle System Social Network LLC, a North American company, owner of the Circle System application, located in the state of Delaware, USA, SR 20181882382 – File number 6795436.
The Subscriber, once enrolled in our services, will be considered an individual with all the necessary autonomy for a subscription purchase for the use of such service (s), in its own name and decision making after think, analyze or reflect, totally optionally and voluntarily.
The term “Subscriber” will always refer to this user who has paid for a subscription;
This subscription provides the right to use for a specified time a Circle System service;
This contract is governed by the Access and Right of Use of the Service according to the duration of time determined and agreed upon.
All the definitions of the present Terms and Conditions apply to the Subscriber.
“Platform” – A description of the set of systems, applications and software that cover the entire Circle System service.
“CS” – Represents the online usage space of the Subscriber’s property, purchased in payment and single per unit. It was during the time of right of use of the Subscription paid and provisioned by the Circle System. This use space (CS) is used within the Circulating System platform, which can be accessed through the Subscriber login, through an e-mail or Web address with a unique identifier and password, or through devices of the System Circle APP. CS is the indicator and controller of a subscriber’s participation in the help groups.
“Subscriber” – it is a person or entity that may have access to an Account in the Circle System, it is their possession and operation. The Subscriber will be certified by the Circle System as the unique User of your account.
“Offer and Subscriptions” The registration was acquired at the time of registration. By becoming a subscriber, the user can acquire as CS that can be used, following the rules of the Circle System. The Subscription has monthly payment being RENEWED every 30 days, in a prepaid way, the user must be selected by the time of use of the services.
The signature is a necessary revenue source for the operation and maintenance of the System and Social Network, and can not be null for any participant. A Subscriber may use CS more than once, acquired when there are no more than 10 CSs active Simultaneously in Voluntary Help Groups within the Social Network. The groups can be formed by the system, or formed by the Subscriber (s), Subscriber (s) themselves, all must have as mandatory signatures. The rules and practices of use are offered on the Circle System website at www.circlesystem.global.
“LastUser” – from any person authorized by a Subscriber to access and use the services included in your Subscription (list of non-exhaustive examples: colleagues, consultants, subcontractors, business partners, other Subscribers, etc.). Circle System communications with a Subscriber are brought to your email address ever since, and also, through the Service interface itself, through the CONTACT site located in the menu of your Account.
“Service” – The services were limited: availability and maintenance of the platform and as technological solutions that allow the use of the System, allow an interaction between Subscribers and Users, and also that they create their own groups within the company. Social Network is run by Circle System. The term “Service” also contains any web page or web interface provided by Circle System, for access to the System by the Subscriber and the Authorized End Users. This includes all the information provided by the website www.circlesystem.global, e-mails are like the people by the service platform, the social network, the Subscriber’s Account and the support of sites that can ered through all user access devices (computer, mobile device, etc.).
“Group Owner” – Subscriber organizer of a particular group within the Circle System social network. It will be the coordinator of the use by the other Subscribers or End Users who are interested in making use of the Service contracted by the temporary signature acquired. Each Subscription will be charged for the right to use and participate in the group (s) within the Social Network Circle System.
“Subscriber Menu” – Subscriber interface on website and app, contains a set of applications that allow you to perform the following account management tasks: edit your personal and contact information, manage payment methods, subscribe to new offers signatures, access to and control of your signatures, management of your group list (s), and account usage history. The registered Subscriber is the sole responsible for your account and signatures, saved by password and personal access login, that are not to be accessed by other people. The applications in the Account menu are dedicated to the Subscriber. They can not be accessed by end users. It will be the sole responsibility of the Subscriber if he decides to provide access to an End User.
“Content” means the data added by the Subscriber or End User, such as manually entered files regardless of their formats (for example, text, raw data videos, music, images, opinions, personal communications, etc.)
Rules of Operation
Each help group consists of 4 layers organized by color, being YELLOW / RED, BLUE, WHITE and GREEN in this order.
The groups are organized by levels, being BRONZE, SILVER, GOLD, RUBI, EMERALD and DIAMOND, in the same order.
The BRONZE level requires the entry of 8 new volunteers who will be positioned in YELLOW in the first layer of the group. The YELLOW color will be replaced by RED color as soon as the new participant voluntarily assists the SUBSCRIBER who is GREEN. The green color means that he has previously helped and is ending his membership in that group, and everyone in the group agrees that he or she will be helped at that time.
The SUBSCRIBER contemplated with the help of the others, must present to the group all the help received. After presenting and confirming them, the SYSTEM automatically removes it from the group, passing the vacancy to another SUBSCRIBER, who will also be terminating their participation in that group, after helping someone else and also participating in the activities of the group.
The GREEN user who has completed his participation in the BRONZE level, will have the option to go to the SILVER level or remain in the BRONZE level, in both options he will join a new help group. If you choose BONZE again, you will need to purchase a new CS.
The SUBSCRIBERS that choose to follow and enter the SILVER level and also in the other levels, will continue their participation with the same CS.
From SILVER to DIAMOND, only 4 YELLOW subscribers will be required, which allows voluntary subscriber participation in these groups to be completed more quickly.
From SILVER to DIAMOND, the yellows will be the GREENS that came out of the Bronze level and have chosen to continue to help in the other voluntary help groups.
To each group that the SUBSCRIBER joins, you must agree to this TERM OF USE reaffirming to be aware of all the rules and procedures of the SYSTEM.
Subscriptions, Expansion Plan and Discounts
The method of payment for the use and maintenance of the Circle System service will be made in the Prepaid Monthly Subscription format.
CS is the System Usage Control unit and represents the online usage space acquired by the Subscriber
Monthly Subscription: 20,00 R $, you can have up to 10 CS, get the amount of CS that you can manage properly.
The payment method for the use and maintenance of the Circle System service, classified as a Group and Communication Management Platform, will be made in the Monthly Prepaid Subscription form.
Subscribers who migrated from the previous system through WhatsApp will be exempted from signing during the first three months of System operation. Subscribers who have purchased more than 10 CSs will be able to use them normally.
Each Subscriber, both new and old, may receive benefits in the form of a discount on the Monthly Subscription amount, participating in the Expansion and Discounts Program.
Expansion and Discounts Program!
By developing a good job of actively participating in your group and spreading the concept of volunteerism by helping people within the System, if with this work and through your presentation link, new volunteers become Subscribers, you will be subsidized according to the Promotional Table below :
1 Indicated – 10% discount
2 Indicated – 20% discount
3 Indicated – 30% discount
4 indicated – 40% discount
5 Indicated – 50% discount
6 indicated – 60% discount
7 indicated – 70% discount
8 indicated – 80% discount
9 Indicated – 90% discount
10 Indicated – 100% discount
These tables will be established as Recognition for active participation in the System.
Once the 100% discount was reached, with 10 indications brought in, the subscriber had been exempted from the subscription in the considered month.
Only indications that become subscribers will be counted and counting of nominations for discounts will be made each month, up to the tenth indication. Surpluses will not be accounted for and will not be cumulative.
1 Acceptance of Terms
All terms of this Agreement apply to all available Subscription Offers and Plans.
If you do not agree to one or more of the terms of the current Agreement, the prospective Subscriber must not and will not be able to proceed with the purchase of the Subscription for use of the Service. By clicking “I Accept” on the Circle System Membership Page, the Subscriber accepts and agrees to strictly comply with all the terms agreed upon upon the acquisition of his account.
The foregoing terms and conditions shall enter into force upon publication. For a Subscriber to remain in use of the Service, you will be required to accept the update of the terms and conditions. Every Subscriber will have the option, in case of not agreeing with the updates, not to accept it, and request the immediate cancellation of the Service and its account.
Subscriber acknowledges that any authorized End User shall be bound to his account under the terms of the current Agreement and future updates for as long as you make use of the Services.
2 Description of service
Circle System Implements all procedures necessary to meet industry standards and provide the Service throughout the period in which the terms of the Agreement, Accounts and Signatures apply.
Conditions of access to the Service
The Subscription will only be considered active, through the first payment, and thus will be acquired your right to use the application for the time of the signature chosen.
Subscriber agrees that as part of the registration process, all registration information provided to Circle System should always be accurate, correct and current. Subscriber agrees to keep an active e-mail address up to date and is fully responsible for the privacy of the password for accessing your account on the System. Subscriber agrees that the only way to change your password is through your own request in the System access field, and for this you will need the use of the same valid email address used at the time of registration and creation of your account .
Conditions of access to the System
After becoming a subscriber, the user will have their access through the email chosen during the registration process. After authentication, the Subscriber will have access to your chosen Service Plan and all services to which you have subscribed.
3 Obligations and commitments of Subscribers
Rules of administration, privacy and legal obligations
Subscriber agrees that the Service shall be used to support legal activities, in accordance with this Agreement and any applicable policies or guidelines. Subscriber agrees that he will not engage in any activity that interferes with or impairs the public image of Circle System, the provision of the Service, or any other Subscriber.
The Subscriber is solely responsible for any End User authorized to use its CSs, therefore, will be responsible for any and all acts of the same.
Privileges granted by a Subscriber to an End User, as administrator of their Subscription and / or their signatures, are the sole responsibility of the Subscriber.
Circle System also reserves the right to terminate a Subscription without prior notice to the Subscriber due to inappropriate End User or Subscriber practices or attitudes. Circle System will make every reasonable effort to notify the Subscriber prior to such action if necessary.
Subscriber agrees to notify Circle System if he or she is aware of the following:
In case of unauthorized use of your Account and / or a subscription by an End User.
In case of security failure or leak of your password to access the Service.
Any improper use that would cause any harm to the public image of the Circle System or impair quality of the Service.
In the event that a Subscriber or End User fails to comply with one or more of the terms of the current Agreement, Circle System in its sole discretion may take the following measures:
To request the responsible Subscriber, by registered email in the System, that the Subscriber presents a solution to the problem caused,
Request the Subscriber to suspend the authorization of a particular End User,
Immediately suspend all access to the Subscriber’s account,
Close the Subscriber’s account.
Subscriber acknowledges and agrees that under no circumstances will Circle System be liable for any acts or omissions by the Subscriber himself or any End User authorized by him, including any damages of any kind incurred as a result of such acts or omissions.
Subscriber agrees that it is solely responsible for any Content that an End User may create, transmit or display manually while using the Service and will assume the consequences of such actions. Circle System shall have no liability whatsoever and shall hold the Subscriber responsible for the conduct of its End User.
4 Responsibilities, suspension of Service.
Subscriber agrees to ensure the quality and types of content that he or an End User places in circulation to maintain order, respect, and transparency in groups created within the Social Network Circle System.
Subscriber agrees and understands that any content that he or an End User has access to within groups created by other Subscribers through the use of the System and the Service shall be the sole responsibility of the originator and publisher, irrespective of the format, meaning, and source location of that content.
Subscriber agrees that the Service shall be used to support legal activities, in accordance with this Agreement. Subscriber acknowledges and agrees that the Content of the Account must respect the intellectual property rights and any applicable policies or guidelines.
In the event of a request to Circle System by Subscribers or third parties, to exclude content or obtain compensation for moral damages related to posts and comnaries, Circle System will not be responsible for the actions of the Subscribers or End Users authors of these posts or comments. In this particular case, Circle System will use reasonable efforts to contact the relevant Subscribers and will take appropriate action against the Subscriber deemed responsible.
Circle System must support the Subscriber. Access to the support team is available at www.circlesystem.global.
Subscriber agrees that Circle System will not provide support for failures or defects related to Internet network connectivity, or failures in mobile phones, tablets, computers, mobile devices in general, or any other device through which the Subscriber accesses the Internet.
The language currently adopted by the Circle System support team is Portuguese.
6 Using the Circle System with Third Party Services
8 Brand and Property Rights
Subscriber acknowledges that Circle System is the sole owner of all intellectual property rights, including, but not limited to, rights relating to the Service and work related to the Service, software, technology, information, content, support, guidelines, or documentation . It does not include content that Circle System is not the legitimate owner, any content exchanged by Users during the normal use of the Service.
Except as expressly set forth herein, as authorized by the Act or the Circle System, this Agreement does not grant the Subscriber the right to edit, copy, adapt, translate, decompile, disassemble, attempt to retro-engineer, alter or remove copyright or trademark Circle System, Service, or any Circle System content, algorithm, method, software, concept or document.
9 Guarantees and non-responsibilities
This Agreement is governed by the law of the State of Delaware in the United States. FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND SERVICES, YOU ARE UNDERSTANDING TO MAKE IT UNDER THE EXCLUSIVE JURISDICTION OF THE DELAWARE TRADE COURT – USA.
To the maximum extent permitted by applicable law, except as expressly provided herein, neither party makes any other warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and – infringement. Circle System makes no representation of any content or information associated with or through the service.
Circle System assumes no responsibility for the correct or incorrect use of the service. Circle System and its licensors make no representations about response times for Circle Systeme support and the relevance of support team responses.
The Subscriber understands and agrees that the service may have bugs, defects, errors and other problems that may cause system crashes. Consequently, the service including all content, software (including any updates or modifications to the service), functions, materials and information available or accessed through the service, and any accompanying documentation will be provided “as is” and accepted by Subscriber.
The Subscriber will indemnify or settle, assuming all liability, damages and costs arising from a request from third parties relating to:
• Subscriber Content and / or Subscriber Brand
• The display of Subscriber marks in the construction of the Access URL used to access the CSs;
• The presence of the Subscriber’s trademark and / or the use of the Subscriber’s logo on the access page;
• Use of the Service by the Subscriber;
• Any breach of Subscriber’s terms, representations and warranties and waivers contained in this Agreement;
• Bad use of the service by end users of any kind of improper public disclosure by the Subscriber to the Circle System;
• For legal actions brought to a Delaware court – USA (no other court in the country will be taken into account), Circle System shall not indemnify, defend or liquidate against all liabilities, damages and costs arising from a request from a third party;
• Notwithstanding the foregoing, in no event will Circle System have any obligations or liabilities arising out of: use of any Service mark or Circle System in an altered form or associated with elements not provided by the Circle System, any content, information or data any other third party, unduly supplied by the Subscriber.
Circle System, in its sole discretion, may terminate the use by a Subscriber of a brand name that Circle System is convinced or alleged to be in violation of a third party’s intellectual property rights.
12 Limitation of Liability
No term of this agreement may exclude or limit the liability of either party in case of:
• Death or injury resulting from the negligence of either party or its representatives;
• Fraudulent acts or false statements;
• Breach of any implicit term related to applicable law;
Except as expressly provided, neither party shall be liable under this agreement for the following:
• Loss of revenue or other financial losses (including loss of turnover, profit, commercial contracts, data, anticipated savings or cost of a replacement service);
• Special, consequential or punitive damages;
• Loss of reputation.
Even if the party knew that such damages were acceptable and even if the direct damages did not have a solution.
13 Terminate a Subscription
Ending by Subscriber
• Subscriber may terminate the current Agreement using the Account application.
• Subscriber agrees that the current Agreement will automatically terminate by deleting the method of payment or by failing to renew the expired subscription.
• In this particular case, the “Account Cancellation and Exclusion” section of the Circle System Billing and Payment Policy shall apply and shall specify the terms of termination of the Service.
Termination by Circle System
• Circle System may, at any time and in its sole discretion, decide to terminate the current Agreement by sending an e-mail and displaying the relevant message on the Service. The termination will occur ninety days after receiving the e-mail.
• Circle System may, with immediate effect, temporarily suspend or terminate this Agreement if (i) the Subscriber violates one or more of the terms of the Agreement (ii) such request is received through a U.S. law or any other valid US legal order.
• Subscriber agrees to be temporarily denied access to the Service to the Subscriber and its end users.
• Subscriber agrees that termination of the Agreement will take effect immediately and will not allow the export of Content from the Account.
• Subscriber agrees not to require any reimbursement or to seek compensation after termination of the Agreement.
By major force
Neither party will be responsible for improper performance (except for fees due) as long as it is caused by a condition (for example, natural disaster, act of war or terrorism, riot, work condition, government decision or action, and Internet or electricity) that was beyond the reasonable control of the party.
14 Survival of terms
The following sections will survive the expiration or termination of this Agreement: Privacy, Brand and Property Rights, Limitation of Liability, Disclaimers.
15 Applicable law
The Subscriber expressly agrees to submit to the exclusive jurisdiction of the Commerce Court of the State of Delaware – USA, notwithstanding the plurality of defendants, claim against warranties, summary or conservatory proceeding.