These terms of Use(“Terms”) govern your access to, and use of the mobile application and other online products or services (collectively, the “Services”) provided by CircleGab AS (“CircleGab”, “we”, “us” or “our”).

CircleGab is a platform intended to be an online entertainment application. In order to use the Services, you must have accepted these Terms, which are: (a) presented to you when you create an Account; and (b) available at all times when accessing the Services. If you do not accept these Terms, you will not be granted access to our Services.

1. User Accounts

No individual under the age of 15 is permitted to access the Services.

By using the Services, you acknowledge that:

• You are at least 15 years old and/or over the minimum age required by the laws of your country of residence to access and use the Services;
• You can form a binding contract with CircleGab, or if you are over 15, but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agreed to these Terms;
• You are not barred from using the Services under all applicable laws;
• You must follow the Community Guidelines at all times while using our Services. We have the sole discretion to investigate violations and decide how to enforce the guidelines, including terminating accounts and removing content; and
• You have not been permanently banned or removed from the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.

All information and activity related to your account are exclusively your responsibility to maintain and keep secure. In the event of unauthorized access or suspicion of unauthorized access to your Account, you must notify CircleGab. We recommend using a strong, unique password for your Account.

You are not permitted to sell, transfer or license your Account under any circumstance.

2. Your Use of the Services

As long as you fully comply with these Terms, CircleGab grants you a personal, non-transferable, non-exclusive, revocable, and limited license to: (a) install and use a copy of our mobile application related to the Services, obtained from an official marketplace, on a mobile device you own or control; and (b) access and use the Services. All rights not explicitly granted to you under these Terms are reserved by us. Unless prohibited by applicable law, you may not do any of the following without our written permission:

• License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content.
• Modify, create derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content.
• Access the Services or Content to build a similar or competitive website, product, or service, except as allowed under any Additional Terms (as defined below).

We cannot guarantee that the Services will always be available or uninterrupted. We are constantly improving our Services, which means we may add or remove features, products, or functionalities. While we will try to notify you beforehand, this won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice. Any future release, update, or addition to the Services will be subject to these Terms, which may be updated periodically. You agree that we are not liable to you or any third party for any modifications, suspensions, or discontinuations of the Services or any part of them. We personalize your experience on the Services based on different factors, including your activity on the Services, Circles you are a part of, and relevant information you have provided in conjunction with your account. We will make recommendations based on these factors to make your CircleGab experience more relevant.

3. Privacy and Data

CircleGab collects, use and share information you have provided to access and use our Services. By accepting these Terms, you consent to the use of this information by CircleGab. You can read more about how and why we collect this data in our Data Handling & Privacy Policy.

4. Your Content

Our services allow Accounts to create, publish, upload, share or make content otherwise available within our Services. This may include images, videos, written work, music, and other content or information you provide (referred to as “Your Content”). CircleGab has no responsibility for, nor explicitly endorse, support or guarantee that Your Content is truthful or accurate. By publishing Your Content to our Services, you will with full certainty guarantee that you have all the necessary rights and authority to use and distribute this Content contained within these Terms. Since you alone are fully responsible for Your Content, you may be liable if Your Content is published without all the necessary rights. You retain any ownership to Your Content, but hereby grant CircleGab the following license to use Your Content.

When you publish Your Content to our Services, you grant us a world-wide royalty-free, non-exclusive, irrevocable, perpetual license to use, modify, copy, adapt, store and display Your Content and information associated with Your Account within our Services. This may include the use of Your Content for internal development in regards to content moderation. You also agree that we have the right to remove metadata from Your Content, and you waive any claims or assertions of moral rights or attribution related to Your Content, which cannot be revoked.

While we reserve the rights to screen, review, edit or monitor Your Content, we cannot review all Content published to our Services. However, we reserve the rights to delete, remove or deem Your Content unfit for publishing for any reason at any time.

If you suggest any ideas or have any feedback submitted through our Feedback System, you acknowledge that these suggestions are entirely volentary, and you agree that CircleGab may use any feedback or ideas without compensation or obligation to you.

5. Advertisements, Promotions and Third-Party Content

Our Services may contain links to third-party websites, products, or services posted by advertisers or other users (“Third-Party Content”). Third-Party Content is not under CircleGabs control, and we do not take responsibily nor endorse any Third-Party Content. Your use of Third-Party Content is at your own risk, and you are solely responsible for assessing the legitimacy of any Third-Party Content.

Throughout your experience with our Services, you may encounter Third-Party Content and promotions made by advertisers. The degree, type and targeting of promotions may be subject to change, and you agree that CircleGab will place promotions and display them in connection to any content, including Your Content.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you are solely responsible for conducting the Promotion in compliance with all applicable laws and regulations, including creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with CircleGab, and the rules for your Promotion must require each entrant or participant to release CircleGab from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk.

6. Violations of the Services

When using our Services, you must at any time comply with these Terms and applicable laws and rules. In addition to these Terms you may not:

• Use the Services in a manner that may interfere with, overburden or otherwise impair the Services;
• Gain or try to gain access to another user´s Account or non-public portions of the Services, including the computer systems or networks connected to or used with the Services;
• Attempt any technological attack, such as accessing information about our Services’ infrastructure, overloading our infrastructure with automated systems like “robots” or “spiders,” disrupting our Services, bypassing access restrictions we have implemented, decrypting unauthorized content or transmissions, or uploading viruses, worms, or other harmful software;
• Use the Services to violate applicable law or infringe any individual´s intellectual property rights or any other proprietary rights;
• Access, search, or collect data from the Services by any means (automated or otherwise);
• Use the Services in any manner that we reasonably believe to be an abuse of or fraud on CircleGab or any payment system.

If you encounter any Content or conduct you believe to be in violation with these Terms or our Community Guidelines, we strongly encourage you to report this to us.

7. Moderators

Moderating a Circle is an unofficial and voluntary role that may be open to users of the Services. We do not assume responsibility for actions taken by moderators. We reserve the right to revoke or restrict a user’s ability to moderate at any time and for any reason, including violation of these Terms. We also reserve the right to overturn actions done by the moderator if we believe the action will infringe on the interest of CircleGab or the Circle.

You agree that when receiving reports related to a Circle you moderate, you will take appropriate action, including removing policy-violating content and promptly escalating issues to CircleGab for review. You are not authorized to act on behalf of CircleGab or represent such authority. Without our written approval, you may not enter agreements with Third Parties on behalf of CircleGab or Circles you moderate. You must not perform moderation actions in exchange for compensation, gifts, or favors from Third Parties. If you have access to non-public information through moderating a Circle, you will use it solely for moderation purposes. Additionally, you may establish and enforce rules for the Circles you moderate, ensuring they comply with these Terms and Community Guidelines.

8. DMCA Compliance and Counter-Notification

CircleGab respects the intellectual property rights of others and expects users of our Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Your contact information, including your address, telephone number, and an email address.
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our Copyright Agent:

• Your physical or electronic signature.
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
• Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the court located in Norway and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

CircleGab contact information:
[email protected]

9. Intellectual Property

All intellectual property and proprietary rights related to the Services, including trademarks, service marks, logos, copyrights, patents, trade secrets, and any other proprietary materials (“Intellectual Property”), are and shall remain the exclusive property of CircleGab and its licensors. You acknowledge that the Services and any related materials are protected by applicable intellectual property and other laws. Your use of the Services grants you a limited, revocable, non-transferable, non-exclusive license solely for personal or internal business purposes, without granting ownership rights to our Intellectual Property. You agree not to copy, modify, create derivative works of, reverse engineer, or disassemble the Services, or use them to build competitive products or services. Feedback you provide may be used by us without restriction. We respect third-party intellectual property rights and will promptly address any infringement claims. Trademarks, service marks, logos, and other identifiers on the Services are owned by CircleGab or its affiliates and may not be used without our permission.

10. Indemnity

You agree to indemnify and hold CircleGab, its affiliates, officers, directors, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise directly or indirectly from your use of the Services, your violation of these Terms of Service, your violation of any rights of any other person or entity, including but not limited to intellectual property rights or privacy rights, any content or information that you submit, post, transmit, or make available through the Services, any violation of applicable laws, rules, or regulations, or any unauthorized use of the Services by you or anyone using your account. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

11. Limitation of Liability

By using the Services, you agree that CircleGab, its affiliates, officers, directors, employees, agents, and licensors’ liability is limited to the maximum extent permissible under applicable law. Liability will be limited to foreseeable damages resulting from a breach of material contractual obligations inherent to this type of contract. CircleGab is not liable for damages arising from non-material breaches of any other applicable duty of care. This limitation of liability does not apply to any statutory liability that cannot be limited, liability for death or personal injury caused by negligence or willful misconduct, or liability excluded by specific promises made by CircleGab to you.

12. Changes to these Terms

We reserve the right to modify these Terms of Service at any time at our sole discretion. In the event of any changes, we will provide notice to users either via email or through a notification within the service. The updated Terms of Service will be posted on our website and will clearly indicate the date on which they become effective. Users will be required to review and accept the new Terms of Service to continue using the service. Failure to accept the new Terms of Service will result in the termination of your access to the service. Previous versions of these Terms of Service will also be made available on our website for your review.

13. Additional Terms

In addition to these Terms, users who wish to utilize our advertisement platform are required to review and accept the Advertisement Platform Terms of Service. These additional terms govern the use of the advertisement platform and are essential for compliance with our policies and legal requirements. The Advertisement Platform Terms of Service can be accessed and reviewed here: Advertisement Terms & Conditions.

By accessing or using our advertisement platform, you explicitly agree to be bound by both the general Terms of Service and the Advertisement Platform Terms of Service. These additional terms are incorporated by reference and supplement the general Terms of Service. Failure to accept the Advertisement Platform Terms of Service will result in the denial of access to the advertisement platform.

14. Termination

You may terminate these Terms at any time by deleting your account and ceasing to use all of our services. We reserve the right to delete user accounts in the event of prolonged inactivity.

We reserve the right to terminate your account and access to our services at our sole discretion, at any time, for any reason, including but not limited to any violation of these Terms or our Community Guidelines.

Upon termination, all rights granted to you under these Terms will cease immediately. However, the provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to the following sections: 6. Violations of the Services, 9. Intellectual Property, 10. Indemnity and 11. Limitation of Liability

15. Miscellaneous

These Terms of Service, along with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and CircleGab regarding your use of our services. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. You may not transfer or assign any rights or obligations under these Terms without CircleGab’s prior written consent. CircleGab reserves the right to assign or transfer our rights and obligations under these Terms at our discretion, with reasonable notice provided to you. Your right to terminate these Terms at any time as outlined in the termination section remains unaffected.

These Terms are a legally-binding agreement between you and CircleGab AS. If you have any questions in regards to these Terms, please contact us.