The General Terms & Conditions of Use (the "GCU") set out herein are entered into between, firstly, the French simplified joint-stock company (SAS) Circular, which has a share capital of €23,305.00 and which is registered in the Paris B Register of Trade & Companies under the number 850 542 804, the registered office of which is located at 34 av des Champs Elysées, 75008 Paris, France, and which is represented by the Chair thereof, Mr Amaury KOSMAN (hereinafter “Circular”), and secondly, any and all physical and moral person who has full contact capacity (hereinafter the “Customer”, “User” and “you”).
All words starting with a capital letter have the same meaning in the entire GCU.
1 - OBJECT
Welcome to Circular! Circular's main activities are the design, editing, development and marketing of applications, software and connected objects.
These General Terms & Conditions of Use (the “GCU”), apply to your use of the Circular Products & Services (referred to hereafter as the “Products & Services”) consisting of a smart ring or other electronic device to be used with the Circular mobile application, and access to the Websites www.circular.xyz, and to all other related websites (referred to hereafter as the “Websites”).
We may, at any time, update the Products & Services and the Websites and add or remove functionalities, the GCU in effect at the time of the order shall be applied. The new GCU shall come into force immediately after being published for all new orders.
2 - PUBLISHER
The website www.circular.xyz (referred to hereafter as the “Website”) is published by Circular. The publication manager is Mr Amaury KOSMAN. The Website is hosted by Webflow.
For all information or questions, Circular is at your disposal:
- By email: email@example.com;
- By post, at the following address: Circular, SAS – 34 av. des Champs Elysées – 75008 Paris, France.
3 - YOUR RIGHTS AND OBLIGATIONS - ACCEPTANCE OF THE GCU
The GCU defines your contractual relations with Circular, as well as the conditions under which the Products & Services, and the Websites can be used.
The GCU, supplemented by our Confidentiality Policy and, as appropriate our General Conditions of Sale, express the entirety of the rights and obligations of the User and of Circular and shall prevail over all other general, or special conditions not expressly agreed to by Circular.
By using any Circular Products & Services and the Websites you signify your agreement to these General Terms & Conditions of Use (the “GCU”). If you do not agree to these GCU, you may not use and purchase the Circular Products& Services and you must refrain from accessing the Websites.
4 - USE OF THE CIRCULAR PRODUCT & SERVICES AND WEBSITE
By using the Circular Products & Services and Website, you certify you are at least eighteen (18) years old and have the contact capacity. In order to use the Circular Products & Services, you must have an iOS or Android compatible phone and a browser as well as internet access (the User bears these costs).
You may only connect to the Service using (i) a device that is manufactured, distributed, or sold by Circular itself or through its authorized resellers or agents; (ii) Our Mobile applications and Software, or approved third-party applications, software, or devices; or (iii) Our Websites (“Authorized Connections”). You may not connect to the Service with any device that is not manufactured, distributed, or sold by Circular itself or through its authorized resellers or agents (such as a knock off or counterfeit version of a Circular device); otherwise intends to resemble or purports to be a Circular device; or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact Us.
5 - CONTENT
Content refers to all accessible information uploaded by Circular.
The User has sole responsibility for the use he/she makes of the Circular Products & Services and the Content on the Websites. Circular shall not be liable for damages directly or indirectly caused using this Content.
The User has sole responsibility for the use he/she makes of the Circular Products & Services and Content on the Websites with hypertext links. Circular disclaims any responsibility regarding the Content according to the provisions below.
The User shall take any appropriate steps to ensure the technical characteristics of his/her equipment allowing the viewing of the Content.
6 - ACCEPTABLE USE POLICY
We expect from our Users an acceptable use of our Product & Services. To this end, you may not do,or attempt to do, or encourage a User or third party to do any of the following by accessing and using our services:
- reverse engineer, deconstruct, modify, adulterate, distort, dismantle or create a derivative work based on any of the hardware & software used to supply the Services;
- use the Services to knowingly or deliberately contravene intellectual property rights owned by third parties, notably their patents, author’s rights, registered trademark, manufacturing secret, or any applicable intellectual rights such as those that currently exist or that may exist in the future, world-wide;
- access the Applications and/or the Websites using automated methods (such as robots, crawlers or spiders, etc.), except with the prior, written authorization of Circular;
- upload viruses or other malwares to the Circular Products & Services and the Websites;
- use the the Circular Products & Services and the Websites in an illicit, ilcontact, malicious, discriminatory way;
- obstruct the smooth functioning of the Circular Products & Services and the Websites.
You acknowledge that any violation of Circular’s GCU shall entitle Circular to restrict your access to the Circular Products & Services and the Websites.
7 - PERSONAL DATA
Under article 4 of the European Genera Data Protection Regulation (GDPR), Personal Data shall mean: any information relating to identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
By visiting our the Websites, you agree to the collection of your Personal Data.
We collect Personal Data on:
- identity and civil status (surname, first name, email address, birth date, home address, phone number);
- password when creating an account;
- economic information (payment methods, transactions, business relationship);
- login details (IP address).
Some of the Website's content might require that your register and provide Personal Data and in particular a password when creating a Customer account.
The identifier and the password are strictly personal. The User agrees to keep his/her password secret and not to disclose it in any form whatsoever. You are responsible for the protection of your identifier and password. Unless proven otherwise, any access to the Websites or any data transmission from the User’s access codes is assumed to have been made by the former. In the event of the loss or theft of your identifier and/or password, or if you are aware of your password being used by an unauthorized third party, you must immediately inform Circular at the following address, in order to revoke your identifier and password and obtain new ones: firstname.lastname@example.org. Circular will not, under any circumstances, be held responsible for the Websites being accessed by unauthorized third parties who have gained access through the illicit use of your identifier and password.
Regarding the Personal Data related to the Products & Services please refer to www.circular.xyz/en/privacy-policy
8 - PURPOSE OF PERSONAL DATA PROCESSING
We process your Personal Data in order to maintain and improve our products and Websites and manage our client relationship.
Data processing by Circular serves the following purposes:
- creating client accounts;
- processing business transactions or managing orders made through the Website;
- operations regarding Customer management;
- accounting and in particular managing Customer accounts;
- monitoring client relationship such as satisfactory surveys, claims management, customer service;
- operations regarding surveys and the development of new business strategies;
- managing requests for access, modification, objection, omission, limiting of data protection, portability information, testament regarding data and opposition to profiling.
- managing debts and litigation;
- managing opinions regarding the Products & Services and Content.
Circular meets all contact requirements regarding Data Protection.
9 - SECURITY, CONFIDENTIALITY, RECIPIENTS
All collected data is transmitted and stocked by Circular.
Circular takes all necessary physical, organizational and technical measures to protect your Personal Data against its loss, improper use, unauthorized access,disclosure, modification and or destruction.
Employees who need access within the framework of their duties, to provide, operate, maintain and improve the Products & Services and the Websites have sole access to your Personal Data.They are subject to an obligation of strict confidentiality.
Your Personal Data will not be sold, traded, transferred, nor given without your consent for any reason unless it is necessary for the services. However, when required by regulation, Circular might be prone to transfer the collected Data to authorized organizations and authorities (such as judicial and administrative administrations).
Circular does not retain payment method information. Circular temporarily archives partial bank card details under article L.133-24 of the French Monetary and Financial Code (Code monétaire et financier) in case of a litigation regarding a transaction. Additional security measures, such as SSL encryption or fraud management services, are put in place when we collect or transfer your payment data.
To ensure confidentiality of your Personal Data, Circular guarantees to host User’s Personal Data on its own servers or on its subcontractor’s servers on:
- the territory of the European Union, or
- the territory of a country that provides adequate level of protection.
In the event your Data is transferred to a country that does not provide adequate level of protection, in particular when using a subcontractor, Circular commits to conclude contractual clauses that meet the European Commission’s standards.
By way of exception, if you visit the Websites from the United States of America, please note that your Personal Data will be retained by the USA.
However, Circular does not host health Data under article L.1111-8 of the French Public Health Code (Code de la Santé Publique) and does not use such a provider, as your Personal Data regarding the prevention, diagnosis or treatment, social or medico-social monitoring is not collected.
In the event Circular uses a subcontractor for the storage of your Personal Data, the latter will be subject to the GDPR.
10 - DURATION OF DATA RETENTION
Circular will retain your Personal Data for a period of time that does not exceed the end to which it is collected and processed. After this duration, your Personal Data might be stored to respect the contact and regulatory obligations Circular is subject to and deleted no longer than ten (10) years later unless a litigation arises.
Personal Data that allow to establish proof of a right or contract or that are retained by Circular due to a contact obligation are archived in accordance with the applicable law.
11 - RIGHT TO ACCESS, RECTIFY, OBJECT OR DELETE
In compliance with the Personal Data protection regulation, you are entitled to access, rectify, delete your Personal Data and object to its processing and decide what will happen to them when you die.
You can exercise your rights and submit your requests by sending an email or a letter accompanied by proof of your identity at email@example.com – Circular, 34 av. des Champs Elysées – 75008 Paris, France or by filling in the contact form provided on the Website.
We commit to examine and resolve any complaint, claim or litigation amicably and within a reasonable time.
12 - COOKIES
Cookies might be installed on your device when using the Websites. Therefore, when connecting to the Websites for the first time, you will be informed of this use and your consent will be required for the usage and exploitation of those cookies.
Some Data will be collected and processed when using the Websites such as the User’s IP address, browser characteristics, languages, software used by the User’s machine, navigation and connection data… Audience measurements are also carried out (number of viewed pages, activity, how frequently visitors return to the Website…)
For this purpose, Circular sets up automatic tracing called “Cookies” (session cookies and permanent cookies).
Cookies are small files of data saved on your terminal (computer, pad, phone, or other devices…) when you browse and use our Websites. They are saved until their useful life has expired or you have deactivated or deleted them through your browser’s features. Those Cookies allow our Website to recognize your browser and seize and retain some information such as Personal Data.
Cookies that are dropped and read on your hard drive have the following objectives:
- improve the Website’s interactivity in order to allow Users to join Circular’s communication channels (use of social network share button);
- audience measurements such as visitation and use of Websites (content, section, time spent on the Website, browser…);
- understand and retain your preferences for your next visits on the Websites.
In compliance with the Data Protection guidelines, you are informed that Cookies are saved only as long as needed for the objectives for which they were saved and within a maximum of thirteen (13) months.
You must access your browser’s settings to deactivate your cookies. The procedure is described either in your browser’s help menu or the editor’s website. In case of deactivation, some of the Website’s features will not be fully functional.
Furthermore, if your computer’s browser refuses some temporary cookies, access to the Website may be altered or impossible.
Circular authorizes third party companies to issue from the Website their own cookies, this is the case of third-party apps through the “Share” or “Recommend” buttons derived from the social networks “Facebook”, “Twitter”, …
13 - AVAILABILITY OF THE CIRCULAR PRODUCTS & SERVICES
The full Circular experience requires the Circular Product & Services, Internet access to the Mobile App and Websites, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the Circular Services.
Circular commits to take all reasonable measures to ensure a 24/7 quality access to its Products & Services and Websites at all time, but is bound by no obligation to do so, especially in the event of force majeure, network failure, server failure, or any other event beyond its control.
Circular may interrupt, suspend or temporarily, and without notice, modify access to the Products & Services and Websites, particularly for reasons of security, for restructuring machine resources, for maintenance, or for the improvement of the Products & Services and Websites, or to improve the availability of information via the Internet. Whenever possible, Circular will notify you in advance of this interruption to the Products & Services and Websites. In all cases, Circular shall employ its best efforts to ensure that the interruption affects you as little as possible. Circular cannot be held responsible for any damages caused by these interruptions, including loss of Data.
Therefore, Circular does not guarantee availability of the Products & Services and Websites, transmission reliability, or quality or time performances.
14 - CREATION OF HYPERLINKS
The creation of a hypertext link from the Applications or the Websites to an external site or resource by the User is prohibited.
The installation of hypertext links to a page in the Applications or Websites is permitted, as long as Circular’s rights are respected, and the sources and date of the most recent update of the page is mentioned, and the text on this page is not misrepresented. Circular is not liable for hyperlinks created by Users.
However, Circular reserves the right to require removal of hypertext links as soon as they are non-compliant with the Circular purpose. Moreover, Circular can allow you to publish on third party internet websites, apps, products or services. We shall not be held accountable for third party “websites’’ information, content or practices.
Please note that when you use a link towards another website, our GCU do not apply. Your browser and your actions on all other websites, as well as those we refer to, have their own policy. Furthermore, you are solely responsible for the content you decide to publish on or via third party websites.
15 - RESPONSIBILITIES AND WARRANTIES
Circular’s undertakings under the terms of the present GCU constitute an obligation of means.
Circular has no control over how you use or interpret the information and advice shared on the Products & Services and Websites. They are your sole responsibility.
Within the limits of the law, Circular, its subsidiaries, distributors, suppliers, shall not be held liable, in any way whatsoever, for any direct or indirect, tangible or intangible prejudice such as the loss or destruction of data, the loss of profit and actual or potential profit even if notified of the possibility of such damages.
In the event of a conviction, the amount of the sentence shall not exceed the highest of these two amounts: (i) the total amount of the sums paid to Circular during the last six (6) months, excluding the product price or (ii) one hundred (100.00) euros.
Please note that Circular is not intended to diagnose, treat, cure or prevent any disease or medical condition without the assistance of a health professional. The information and guidance provided by Circular are there for informational purposes only and cannot replace the services of health professionals or physicians. You should always consult a health professional if you have any questions regarding any changes you intend to make to your sleep or activity or regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through Circular services.
Circular is not responsible for any health problems that may result from information or guidance you learn through the Circular services. If you make any change to your sleep or activity based on the Circular services, you agree that you do so fully at your own risk.
16 - INTELLECTUAL PROPERTY RIGHTS
The Products & Services and Websites as well as its Content including texts, graphics, images and sounds that they contain, are covered by intellectual property rights of which Circular is the sole owner.
Unless expressly stipulated to the contrary, these GCU do not confer upon you any right, title, or interest in Circular’s intellectual property rights.
Content is accessible to the User for personal, private, non-collective and non-commercial use.
Any reproduction and/or representation and/or partial or total operation of the Products & Services and Website’s Content, by any means, without Circular’s written consent is strictly forbidden and may constitute trademark infringement under article L 335-2 onwards of the French Intellectual Property Code (Code de la propriété intellectuelle).
“Circular” is the company’s trademarks. Any reproduction and/or representation and/or partial or total operation of this trademarks, by any means, without Circular’s written consent, is strictly forbidden.
You shall refrain from infringing Circular’s intellectual property rights, either directly or indirectly, the use of the Websites shall not represent either an infringement or unfair or parasitic competition of the Website.
17 - DISPUTE RESOLUTION
Before instigating any proceedings or claim against Circular, you agree to seek to resolve the dispute amicably by contacting Circular at this address: firstname.lastname@example.org. We will seek to resolve the dispute amicably, contacting you by email, within a maximum of thirty (30) days.
Any claim, whether on an amicable or contact basis, relating to the execution or interpretation of the GCU, must be formulated within one (1) year as from the operative event, or from the de-activation of the account, otherwise all rights of claim will be lost.
Any dispute that may arise from the use of the Products & Services and Websites or that relates to the execution or interpretation of the GCU shall be governed by French law and shall be subject to the exclusive jurisdiction of the courts having competence.
18 - NOTIFICATIONS
When using our Products & Services and Websites and through these GCU, you authorize Circular to send you all notifications and newsletters to the email address used to create your account and thus according to your choice. For the avoidance of doubt, you will be deemed to have received all notifications sent by virtue of these present GCU, when they are sent by Circular. If you decide that you no longer wish to receive these notifications by email, you must send a request to: email@example.com
19 - INTERPRETATION
In the event of a difficulty in the interpretation in relation to any of the titles appearing at the head of the clauses and any of the clauses themselves, the titles shall be declared non- existent.
20 - NULLITY
The nullity of one clause does not entail the nullity of the GCU, with the exception of an essential and fundamental clause that was decisive in one of the Parties entering into the contract. The cancelled stipulation(s) shall be deemed null and void.
21 - NO WAIVER
No failure or delay on the part of any Party hereto in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted thereunder must be in writing and shall be valid only in the specific instance in which given.