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Terms of Service
LEGAL DOCUMENTS
Introduction to terms
These Terms of Service ("Terms") establish the framework and conditions for your use of the service ("Service") provided by Sircular. This document constitutes a binding legal agreement between you (or the legal entity you represent) and Sircular AB (“Sircular”).
Nature of the Agreement
By accepting these Terms, you enter into a contractual relationship with Sircular. This agreement includes these Terms, any orders for the Service, and a Data Processing Agreement. It is essential to understand that by using the Service, you agree to be bound by these Terms.
Compliance and Acceptance
By accessing the Service, you commit to comply with these Terms, adhere to any rules and guidelines provided within your user account or on the Sircular website, and agree to the terms outlined in the Sircular Privacy Policy. Failure to comply with these guidelines may result in termination of your access to the Service.
Representation and Authority
If you are acting on behalf of a legal entity, such as a company, you confirm that you have the necessary authorization to agree to these Terms on behalf of that entity. In this context, references to "you" will include the entity you represent.
Importance of Understanding the Terms
Please review these Terms thoroughly. They outline your rights and obligations in connection with the use of the Service. We recommend keeping a copy of these Terms for your records.
Detailed Description of the Service
The Service provided by Sircular is designed to analyze and process information, producing outputs such as reports and structured data suitable for integration into various workflows. The Service's functionalities and requirements are elaborated on the Sircular website or through documentation provided by Sircular.
Accessing and Using the Service
To access the Service, you are required to provide an email address and create a secure login with a password. This information forms your "Login Information," essential for accessing and managing your account. It is your responsibility to ensure that all provided information is accurate, complete, and promptly updated as necessary.
Responsibility for Your Account
You bear sole responsibility for all activities under your account, necessitating the confidentiality of your Login Information. Should you choose to authorize others, such as employees, to use the Service through your account, you are responsible for ensuring their compliance with these Terms.
Usage Restrictions
You agree to the following:
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Avoid introducing harmful or disruptive elements into the Service, such as viruses or other malicious software.
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Refrain from attempting to reverse engineer or otherwise derive the source code or inner workings of the Service.
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Not engage in activities that could disrupt, overburden, or interfere with other users' access to the Service.
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Prohibit the unauthorized redistribution, modification, or commercial exploitation of any part of the Service.
Sircular's Right to Enforce Compliance
Sircular reserves the right to deny access to the Service in the event of non-compliance with these Terms or applicable laws. Additionally, Sircular may modify or remove content, or terminate these Terms without prior notice if violations are detected.
Content Disclaimers
You acknowledge your responsibility for the content you provide and confirm that such content does not infringe on any third-party rights, including intellectual property. Sircular is not liable for any issues related to the content you upload, nor for its accuracy or security.
Continuous Development and Service Quality
Sircular is committed to continuously developing and improving the Service, which may involve updates, modifications, and temporary unavailability. While we strive to maintain high-quality service, we do not guarantee uninterrupted access or error-free operation.
Payments and Fees
Access to the Service may require payment of fees. Detailed information about pricing, payment terms, and any associated taxes or additional charges will be provided. You are responsible for all payments and any third-party transaction fees. Sircular may adjust pricing with notice, and such changes may affect renewal terms and costs.
Intellectual Property Rights
Sircular’s Exclusive Rights
All intellectual property rights in and to the Service, except for the content you provide ("Your Content"), are the exclusive property of Sircular. This includes but is not limited to, all underlying code, interfaces, algorithms, design elements, and any documentation or other material related to the Service. These rights are protected under both domestic and international intellectual property laws and treaties. As a user, you do not acquire any ownership or other rights in the Service other than those explicitly granted by these Terms.
Limited License Granted to Users
Upon your acceptance of these Terms and payment of any applicable fees, Sircular grants you a non-transferable, non-exclusive, revocable license to access and use the Service for your personal or business purposes. This license does not grant you any rights to the Service's underlying code, design, or any other aspect of the Service that is not explicitly needed for normal use. The Service is provided to you as a license and not as a sale. Sircular retains all rights not expressly granted to you under these Terms.
Restrictions on Use
You are strictly prohibited from modifying, distributing, copying, republishing, or using the Service or any of its components outside the scope of the intended functionality of the Service. Any use of Sircular's trademarks, branding, logos, and other proprietary graphics without Sircular's prior written permission is strictly prohibited.
Post-Termination Rights
Upon termination of these Terms for any reason, your license to use the Service will cease immediately. However, Sircular may retain copies of Your Content if required or permitted by law. You agree to cease all use of any intellectual property owned by Sircular and acknowledge that your obligations regarding Sircular’s intellectual property will survive termination of these Terms.
Rights to the Content
User Ownership
As a user, you retain all rights to Your Content that you submit, upload, or otherwise make available through the Service. This includes data, documents, and other materials, whether submitted through your account or otherwise. You also retain rights to any information or data generated as a result of using the Service.
Grant of Rights to Sircular
By submitting Your Content to the Service, you grant Sircular a non-exclusive, worldwide, royalty-free license to use, process, analyze, and display Your Content solely for the purpose of providing and improving the Service. This includes using Your Content for machine learning, artificial intelligence training, and integrating it with third-party data. You confirm that you have all necessary rights to grant this license and that Your Content does not infringe upon any third-party rights.
Copyright Infringement
You are responsible for ensuring that Your Content does not violate any copyright, patent, trademark, trade secret, or other intellectual or proprietary rights of any third party. In the event of a claim of infringement, Sircular reserves the right to remove Your Content or terminate your access to the Service as per its sole discretion.
Processing of Personal Data
Collection and Use
Sircular collects personal data related to your use of the Service. This may include information required to create and maintain your account, as well as data generated through your use of the Service. By using the Service, you consent to Sircular’s collection, use, and disclosure of your personal data in accordance with the Privacy Notice and any applicable Data Processing Agreement.
Security and Privacy
While Sircular takes reasonable steps to protect the security and privacy of your personal data, the nature of electronic communications means that total security cannot be guaranteed. Sircular is not responsible for any interception or interruption of any communications or for changes to or losses of data through the use of the Service.
Compliance with Laws
Sircular will process personal data in compliance with applicable laws, including EU data protection regulations. As a user, you acknowledge that you are responsible for ensuring that your use of the Service complies with all relevant data protection laws.
Data Processor Agreement
In situations where Sircular processes personal data on behalf of an entity, Sircular acts as a data processor, and the entity is the data controller. The processing of personal data in such scenarios will be governed by Sircular’s Privacy Policy, which forms an integral part of these Terms.
Liability, Limitation of Liability, and Disclaimer of Warranties
Service Provided "As-Is"
Sircular provides the Service on an "as-is" and "as-available" basis. This means that the Service comes without any form of warranty, either expressed or implied. Specifically, Sircular disclaims any warranties of merchantability, fitness for a particular purpose, compatibility, workmanship, accuracy, availability, and non-negligent performance. The only warranties applicable are those explicitly outlined in these Terms.
Indemnification by Users
As a user, you agree to indemnify, defend, and hold harmless Sircular and its partners from any claims, liabilities, and expenses arising from your use of the Service that violates these Terms or any applicable laws. This includes any infringement of intellectual property rights, proprietary information, privacy violations, or other rights by you or anyone using your account, whether or not such use was authorized.
Sircular's Rights in Defense
In the event of a claim where you are obliged to provide indemnification, Sircular reserves the right to take over the exclusive defence and control of the matter at its own expense. You are expected to cooperate fully with Sircular in defending against such claims.
Limitation of Sircular's Liability
Sircular shall not be liable for any indirect damages that may arise from the use of the Service. This includes, but is not limited to, incidental and consequential damages, loss of profits or business opportunities, business interruption, or damages resulting from the loss of confidentiality, data, or access to the Service.
Cap on Liability
In any case, Sircular’s total liability to you shall not exceed the total amount you have paid for the Service in the 12 months preceding the incident that gave rise to the liability.
Termination of the Agreement
User-Initiated Termination
You have the option to terminate your agreement with Sircular at any time. This can be done by ceasing to use the Service and taking the necessary steps to delete your account. Upon doing so, your relationship with Sircular under these Terms will end.
Termination by Sircular
Sircular may terminate these Terms, including any license or rights granted to you, with one month’s notice without specifying a cause. Furthermore, if you breach these Terms or the Privacy Notice, Sircular may terminate your access to the Service immediately and without prior notice.
Effects of Termination
Regardless of the reason for termination, the end of these Terms will also signify the end of your subscription to the Service. It is important to note that termination does not entitle you to any refund for the unused portion of any pre-paid subscription.
By accepting these Terms, you acknowledge and agree to these provisions regarding liability, the limitation of liability, and the disclaimers of warranties, ensuring a clear understanding of your relationship with Sircular and the extent of liabilities involved.
When terminating your account, Sircular will delete all associated data, including documents related to investment cases, within 2 years. You may ask for the deletion of your data at any point in time. Upon requesting the deletion of your data, Sircular will permanently remove all data you have uploaded during the duration of your usage of Sircular.
Force Majeure Clause
Force Majeure events, which are circumstances beyond the reasonable control of either party (such as natural disasters, pandemics, labor disputes, legal changes, or technology failures), relieve both parties from their contractual obligations as long as the Force Majeure event persists. Neither party will hold liability for failing to perform their contractual duties under these extraordinary circumstances, with the exception of any financial obligations incurred before the event.
Right of Assignment
Sircular holds the right to assign its rights and obligations under these Terms to a third party at its discretion. This means that Sircular can transfer its responsibilities or rights under this agreement to another entity without requiring your explicit consent.
No Waiver
A failure by Sircular to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. A waiver is only effective if it is in writing and signed by an authorized representative of Sircular.
Communication and Notifications
Sircular will communicate with you primarily via the email address you provided during registration. This may include service announcements, administrative messages, or promotional information. You are responsible for keeping your contact information up to date to ensure you receive all necessary communications from Sircular. You have the option to opt-in to additional forms of communication, such as SMS or email newsletters, and can manage these preferences in your account settings or by contacting Sircular directly.
Amendments to Terms
Sircular reserves the right to amend these Terms at any time. Such amendments will be considered an integral part of your agreement with Sircular. You are encouraged to regularly review the Terms and Privacy Notice on Sircular's website. Amendments become effective immediately upon posting, superseding any conflicting terms. By continuing to use the Service after amendments are posted, you agree to be bound by the revised terms.
Governing Law and Dispute Resolution
These Terms, and any dispute arising from the relationship between the parties, are governed by Swedish law, without regard to its conflict of law provisions. Any disputes will be resolved in the courts of Stockholm, Sweden. In addition to legal proceedings, Sircular reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
Company Information
Sircular operates under the trading name Sircular AB, a company registered in Sweden. The provided contact information includes the registered address in Stockholm, Sweden, along with contact details for email and web inquiries.
By agreeing to these Terms, you acknowledge your understanding and compliance with these provisions, ensuring a legally binding agreement with Sircular.
Sircular AB, registered in Sweden.
Address: Sandhamnsgatan 77, 115 28 Stockholm
Contact: daniel@sircular.io, CEO & founder
© SircularAI, 2024
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