Terms of Service

Last Updated: June 2023

Thank you for your interest in the Circolo Mirror and the Membership Program made available by Dong, Inc. (dba Circolo) (“Circolo” or “we” or “us”). Please read these Terms of Service (the “Terms”) carefully.


These Terms are between you and us concerning your use of (including any access to) the online services that Circolo makes available for use through the Circolo Mirror that it makes available, and any mobile app(s) that Circolo makes available (the “App”) (collectively, together with any software, web pages, cloud services, content, and other materials and services available therein, and successor service(s) and app(s) thereto, the “Service”). These Terms hereby incorporates by this reference any additional terms and conditions posted by Circolo through the Service, or otherwise made available to you by Circolo. 


By registering as a member or using the Service in any way, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms, and you (as a “user”) accept and agree to be bound by these Terms, which forms a binding agreement between you and Circolo. Any changes to the Terms will be effective immediately upon your consent to and acceptance of the updated Terms in a specified manner (such as a click-through acceptance or continual use of the Service). Please note that separate requirements may apply to a minor’s use of any Circolo devices or Service.


If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Service and to any such Organization. Please note that use of the Service by or on behalf of any Organization may also be subject to additional terms made available by Circolo from time to time, which are hereby incorporated by this reference into these Terms.


These Terms contains a mandatory arbitration provision that, as further set forth in Section 27 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. PLEASE READ THIS MANDATORY ARBITRATION PROVISION CAREFULLY.


  1. Changes. We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms on our website or through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.

    Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” notice above indicates when these Terms were last changed. We encourage you to check the Service regularly to learn about changes to these Terms. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to any part of the Service via any third-party links); charge, modify or waive any fees required to use any part of the Service; or offer opportunities to some or all Service users.

  2. Information Submitted Through the Service. Your submission of information through the Service is governed by Circolo's Privacy Policy, located at https://circolo.us/policies/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.

  3. Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject Circolo to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

  4. Fitness-Related Content. The content and other material and services available through the Service may include instructional videos, exercise routines, exercise records and other media. You acknowledge and agree that Circolo is not a healthcare provider or fitness instructor; that the Service (including any recommendations and any information available through the Service that may be personalized) may not be appropriate for you, and does not constitute or replace medical advice; and that Circolo is not responsible for any results that may (or may not) be obtained from the use of the Service. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment or disability that may prevent or limit your ability to use the Service. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Service solely in accordance with your personal physician’s advice.

  5. Family Content. We may provide you with the opportunity to access family content. You may permit individuals under the age of 18 to use family content only if you remain present and supervise the minor at all times during use of the family content. You are fully responsible for the minor’s safe use of family content.

  6. Waiver. You understand that by using the Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of performing physical activity, and/or using the equipment on which the Service is available. You understand that injuries or damage could occur by natural causes or activities of other persons, including the activities of other persons using such equipment, or other third parties (including third-party fitness instructors and other exercise participants), whether as a result of negligence or otherwise. To the fullest extent permitted by applicable law, you voluntarily assume all risk of loss, damage and injury to person or property that may arise from, or that is related to, your use of the Service, whether such risk is known or unknown to you.

    You hereby waive and release Circolo and the Affiliated Entities (as defined below), to the maximum extent permitted by law, from any claim, action, suit or demand arising out of or in connection with the use of the Services (including with respect to any physical injury or death). You acknowledge that neither Circolo nor the Affiliated Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors and assigns.

    The foregoing release is intended to apply to all claims not known or suspected to exist, with the intent of waiving, if applicable, the effect of California Civil Code Section 1542 (which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.) and other analogous laws or legal principles of any jurisdiction requiring the intent to release future unknown claims.

  7. You hereby waive and release Circolo and the Affiliated Entities (as defined below), to the maximum extent permitted by law, from any claim, action, suit or demand arising out of or in connection with the use of the Services (including with respect to any physical injury or death). You acknowledge that neither Circolo nor the Affiliated Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors and assigns.

    The foregoing release is intended to apply to all claims not known or suspected to exist, with the intent of waiving, if applicable, the effect of California Civil Code Section 1542 (which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.) and other analogous laws or legal principles of any jurisdiction requiring the intent to release future unknown claims.

  8. Rules of Conduct. In connection with the Service, you must not:
    • Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
    • Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, logic bomb, keystroke logger, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
    • Use the Service for any commercial purpose without receiving approval or authorization from Circolo, or for any purpose that is fraudulent or otherwise tortious or unlawful.
    • Share account information or security credentials of the Service with other individuals without receiving express prior written approval or authorization from Legal Representatives of Circolo, regardless of whether such other individuals are authorized users of the Service.
    • Use accounts or security credentials of other individuals to gain access of the Service, or store or duplicate or publish or broadcast account information or security credentials of other individuals, without receiving express prior written approval or authorization from Legal Representatives of Circolo, regardless of intent or purpose.
    • Harvest or collect information about users of the Service, without receiving express prior written approval or authorization from Legal Representatives of Circolo, regardless of intent or purpose.
    • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without receiving express prior written approval or authorization from Legal Representatives of Circolo, regardless of intent or purpose.
    • Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trademark or other proprietary rights notice from the Service.
    • Systematically download and store Service content, without receiving express prior written approval or authorization from Legal Representatives of Circolo, regardless of intent or purpose.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without receiving express prior written approval or authorization from Legal Representatives of Circolo, regardless of intent or purpose.

      In connection with the Service:
    • You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.

  9. Products. The Service may make available listings, descriptions, rental terms and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available for sale or rental by Circolo or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Service of any listing, description, rental terms or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product. 

  10. Transactions. We may make available the ability to purchase, rent or otherwise obtain certain Products through the Service (collectively a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. 

    Circolo reserves the right, including without prior notice, to limit the available quantity of, rental of, or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product either through purchase or rental. Refunds and exchanges will be subject to Circolo’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm purchase and rental orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of a purchase or rental order or our confirmation of an offer to sell or rent a product or service. 

    Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Service. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

  11. Memberships. Certain features, content, functionalities and other aspects of the Services may be available only through a program (the “Membership Program”) for users with a valid membership. Circolo offers two (2) tiers of the Membership Program: (a) the Premium Membership which includes the rental of Circolo Mirror and (b) the Basic Membership which allows a user to access the Service through the App. Users may acquire either membership tier from either Circolo or a Circolo Partner (as defined below).

    Each membership is associated only with a single household, and cannot be used to enable any benefits of the Membership Program on any Circolo Mirror or App outside of your household. Please note that multiple residences that you maintain for your own personal use are considered a single household. A membership may permit the member to create and manage additional user accounts, solely for family members and personal guests of the member, that are permitted to use the benefits of the Membership Program on any Circolo Mirror associated with a valid membership (“Additional Users”). Each Additional User must accept the terms and conditions of these Terms prior to using the Service, and the member will be responsible for all acts and omissions of each Additional User under the membership. 

    Circolo reserves the right, in its sole and absolute discretion, to exclude any individual(s) from the Membership Program or to terminate any membership, for any reason, including abuse of the Membership Program, failure to comply with these Terms, or fraud, misrepresentation and/or other conduct detrimental to the interests of Circolo. Any such exclusion or termination may affect eligibility for further participation in the Membership Program and/or the rental of the Circolo Mirror.

    Please note that if your membership expires or is cancelled or terminated, you and any Additional Users may no longer have access to any data, information or other content (including historical data, usage records, custom workouts, etc.) associated with your membership.

    Rental of Circolo Mirror. Should you opt to rent a Circolo Mirror through acquiring the Premium Membership, you accept full responsibility for the Circolo Mirror rented and agree to pay for any damage to the Circolo Mirror and replace the Circolo Mirror at full retail value if not returned by the agreed date. A Circolo Mirror may be rented through acquiring the Premium Membership from Circolo directly or from a Circolo Partner. A “Circolo Partner” is an authorized partner of Circolo that Circolo identifies as a partner on the Circolo website. If you rent a Circolo Mirror through acquiring the Premium Membership from a Circolo Partner, payment for the Premium Membership shall be made to the Circolo Partner as agreed to between you and the Circolo Partner. During any term of your Premium Membership, the Circolo Mirror is owned by Circolo. By renting a Circolo Mirror through the Premium Membership, you in no way receive ownership of the Circolo Mirror.

    You agree that the Circolo Mirror is rented out clean and in proper working condition, and must be returned in the same manner. Your Membership Program will run concurrently with your rental of a Circolo Mirror.

    You accept use of the Circolo Mirror, AS IS, in good condition and accepts full responsibility for care of the Circolo Mirror while in your possession. “Clean condition” means normal wear and tear is accepted, but does not include broken parts from misuse and/or accidents. Any payment by made by you for damage to a rented Circolo Mirror is in no way payment for the purchase of the Circolo Mirror.

    If you rent the Circolo Mirror from Circolo, you authorize Circolo to charge your credit card for all eventual costs in case of damages to the Circolo Mirror during your rental period. The assessment of damages to the Circolo Mirror shall be made at Circolo’s sole discretion.

    Any loss of the Circolo Mirror Rental incurred by burglary, theft and/or other pilferage at the place of use shall be borne by you. You may not sell, lease, abandon and/or rent the Circolo Mirror while it is in your possession.

    You shall neither be entitled to perform irreversible modifications to the Circolo Mirror, which includes, but is not limited to, including, adding attachments and internals, nor to remove the labels on the Circolo Mirror without Circolo’s prior written consent.

    You shall neither be entitled to grant any rights in the Circolo Mirror, nor to assign any rights arising out of its rental of the Circolo Mirror, to any third party, unless otherwise agreed to by you and Circolo.

    Rental Fee of Circolo Mirror. If you are renting a Circolo Mirror through the Membership Program from Circolo, the fees associated with the rental of a Circolo Mirror are provided on Circolo’s website (as provided below in Paragraph 12). Such fees are subject to change in the sole discretion of Circolo.

    Shipping of Circolo Mirror. The Circolo Mirror shall be shipped to you at no cost and Circolo shall pay for the return shipping of the Circolo Mirror (unless agreed to otherwise by the Parties)

    Maintenance Services of Circolo Mirror. If the Circolo Mirror requires maintenance work during the term of this Agreement, Circolo agrees to provide such maintenance work. If your Circolo Mirror needs maintenance work, you shall contact Circolo via email at support@circolo.us.

    Return of Circolo Mirror. Unless otherwise agreed to by you and Circolo, you shall return the Circolo Mirror within 30 days of the cancelation of your membership in clean, undamaged condition to avoid any additional charges for repair or replacement. In the event that the Rental is returned in a state from which it is obvious that you have failed to comply with your duties to maintain the Circolo Mirror, such repairs (if repair of the Circolo Mirror is possible) shall be performed by Circolo (as described above) at your expense. Such expenses may equate up to the full retail price of the Circolo Mirror ($799.00).

    Circolo will contact you to schedule the pickup of the Circolo Mirror within 14 days of the cancelation of your membership.

  12. Billing and Cancellation.  Should you opt to acquire the Membership Program from Circolo, the fee for the Membership Program (the “Membership Fee”) is the amount currently identified at https://www.circolo.us/, plus any applicable taxes, and is non-refundable. Circolo may, in its sole and absolute discretion, change the Membership and/or Rental Fee from time to time.

    A Service Cycle is one month. Your monthly service cycle begins on the day of your hardware delivery for the Premium Membership or the day of your purchase for the Basic Membership. Your billing is monthly and begins on the day of purchase.

    To avoid recurring charge (or obtain refund if charge already happened) for a service cycle, users need to cancel the membership before that service cycle starts.  If you wish to cancel your membership, you may contact our Customer Care team support@circolo.us. Please contact our Customer Care team at least one and no more than thirty (30) days prior to your desired last day of service.

    All memberships in the Membership Program are final. Except as otherwise required by applicable law, any paid Membership Fees (or payable Membership Fees for the remainder of an existing membership term) are non-cancellable and non-refundable. If you decide to cancel your membership, your membership will automatically expire at the end of your then-current membership service cycle. For example, if you cancel your membership in the middle of a monthly service cycle, your membership will continue until the end of that service cycle. If billing for your next service cycle has already occurred when you cancelled your membership during your current service cycle, you may request a refund of membership fee for your next service cycle.

  13. Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name (which may be your e-mail address), password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Circolo, are responsible for choosing a secure password and for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.

    You are solely responsible for all use of the Service by any Additional Users and any other users who access the Service through you or your Circolo Mirror.

  14. Profiles and Forums. Service visitors may make available certain materials (each, a “Submission”) through or in connection with the Service, including on profile pages or on the Service’s interactive services, such as message boards, competition leaderboards and other forums, and chatting, commenting and other messaging functionality. Circolo has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.

  15. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to all underlying intellectual property rights, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission (including any public profile information linked by weblinks in your Submission but stored or hosted by third parties), in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

    In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and without restriction, and does not place Circolo under any fiduciary or other obligation.

    You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

  16. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. Subject to our Privacy Policy at https://www.circolo.us/policies/privacy-policy, we may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

  17. Your Limited Rights. When you rent a Circolo Mirror from Circolo, you shall not own any of the hardware components of the Mirror. The accompanying Service is licensed (not sold) to end users. Subject to your compliance with these Terms, and solely for so long as you are permitted by Circolo to use the Service, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to (a) use the Service (excluding the App) on Circolo-branded equipment, solely for your personal, non-commercial use; and (b) install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Service, and remove (that is, uninstall and delete) the App from your mobile device. Although you are authorized to access contents and features provided by the Service, Circolo does not guarantee that all users are granted equal or equitable level of access. Circolo reserves the right to refuse, restrict or increase access of the Service to individual users at any time without advanced notification.

  18. Hardware Installation. Circolo Mirror hardware comes with wall anchor feature, which when installed properly would provide better stability of the device. Third party professional assembly and installation is highly recommended.

  19. Circolo’s Proprietary Rights. We and our suppliers own the Service (except for any hardware device which is sold to you), which is protected by proprietary rights and laws. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

  20. Third Party Materials; Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

    We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms shall be deemed to be a representation or warranty by Circolo with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

    Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

  21. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

  22. Circolo Test Program. From time to time we may make available to you or other Users a Circolo Mirror or other device as part of our “Test Program.” The goal of the Test Program is to engage with our early adopting users and to improve the Services based on their feedback. If you are selected to participate in the Circolo Test Program, we will provide you access to a Circolo Mirror and the Services for no charge. We reserve the right to terminate, suspend, or cancel the Test Program at any time, and for any reason, and we may not provide you with advance notice before doing so. If you participate in the Test Program, the Circolo Mirror and Services are provided “As-is,” where-is”, and “where available,” and without warranties of any kind, whether express, implied, or statutory. Circolo is not liable for, and expressly disclaims, any damage, injuries, or losses that may result from your participation in the Circolo Test Program.

  23. Disclaimer of Warranties. Circolo Smart Mirror and other Circolo devices purchased from Circolo have limited hardware warranties.  Please consult https://www.circolo.us/pages/warranty. To the fullest extent permitted under applicable law: (a) the Service and any Products and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Circolo disclaims all warranties with respect to the Service and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title unless expressly noted in the Circolo Limited Warranty. Furthermore, Circolo makes no representations or warranties: That the Service is or will be permitted in your jurisdiction; That the Service will be uninterrupted or error-⁠free; Concerning any Content, including User Content; Concerning any third party’s use of User Content that you submit; That the Service will meet your personal or professional needs; That Circolo will continue to support any particular feature of the Service; or Concerning sites and resources outside of the Service, even if linked to from the Service.

    All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both Circolo and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.

    While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at support@circolo.us with a description of such alteration and its location on the Service.

    To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

  24. Limitation of Liability. To the fullest extent permitted under applicable law: (a) Circolo will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Circolo will not be liable for damages of any kind resulting from your installation of, use of, or inability to use the Service and Circolo device or from any Products or Third Party Materials, including from any Virus that may be transmitted in connection therewith, or from Circolo’s termination of these Terms; (c) your sole and exclusive remedy for dissatisfaction with the Service and Circolo device or any Products or Third Party Materials is to stop using the Service and Circolo device; and (d) the maximum aggregate liability of Circolo for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (a) the total amount, if any, paid by you to Circolo to use the Service within the twelve (12) months preceding the date of the applicable claim; and (b) ten U.S. Dollars ($10). All limitations of liability of any kind (including in this section and elsewhere in these Terms) are made for the benefit of both Circolo and the Affiliated Entities, and their respective successors and assigns.

  25. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Circolo and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) any use of, or activities in connection with, the Service (including all Submissions) by you, your Additional Users, and/or any other person who uses the Service through you or your Circolo device; and (b) any violation or alleged violation of these Terms by you.

  26. Termination. These Terms are effective until terminated. Circolo may terminate or suspend your use of the Service at any time and without prior notice or reason, including if Circolo believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease, and Circolo may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–7, 10–13 and 15–28 shall survive any expiration or termination of these Terms.

  27. Governing Law; Arbitration. The terms of these Terms are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Circolo, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Circolo and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.

    You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.

    You may opt out of this agreement to arbitrate by emailing support@circolo.us with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

    The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

  28. Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to support@circolo.us. You may also contact us by writing to PO Box 117387 Burlingame, CA 94011, or by calling us at (415)579-0299‬. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  29. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

  30. Miscellaneous Provisions. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Circolo. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and Circolo relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Circolo relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Circolo will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

  31. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple does not provide any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Circolo in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Circolo’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.