Terms of Service for the circles app
1 Introduction and definitions
These Terms of Service govern the use of the circles app and all associated services.
- App — the circles mobile application.
- User — any person who uses the app.
- Platform — the technical infrastructure on which the app is operated.
- Content — all information entered into the app by users, such as expenses, tasks, shopping lists and uploaded receipts.
- Circle — a group of users who share expenses, tasks and lists.
- Premium — the paid features of the app, obtained through an in-app purchase.
- Premium sharing — a subscriber passing their premium features to one circle, as described in § 12.
2 Terms of use
Use of the app is permitted from the age of 16. Registration is required to use all functions. Users must provide truthful and complete information.
The app may only be used for its intended functions: splitting expenses in groups, managing rotating tasks, keeping shared shopping lists, and uploading receipts for automatic recognition and for sharing within a circle.
The free version of the app is financed by advertising. Details of the advertising and of affiliate links, and how to withdraw consent to them, are in our privacy policy. Premium removes advertising.
3 User obligations and rules of conduct
Users undertake to use the app in accordance with applicable law and the following rules:
- Respectful behaviour — treat other users with respect and consideration.
- Prohibited content — do not create or share content that is harassing, offensive, discriminatory, glorifies violence or is illegal.
- Truthful information — ensure that everything entered, in particular about expenses and tasks, is correct.
- Invitations — invite only people who you may reasonably expect want to be invited. Invitations are limited per user and per period, and the operator may block the feature for a user whose invitations produce complaints or undeliverable addresses.
4 Content and intellectual property
Users retain all rights to the content they upload. By uploading, the user grants the operator a worldwide, non-exclusive, royalty-free licence to display, store and manage that content within the app, and to make it available to the other members of the circle it was posted in.
The user warrants that they hold the necessary rights to the content they upload. The operator accepts no responsibility for infringements caused by user content.
5 Data protection and data security
Personal data is collected and processed in accordance with our privacy policy, which forms an integral part of these terms. We take appropriate technical and organisational measures to protect your data.
Users undertake not to share sensitive personal data of third parties via the app without the consent of the persons concerned. This applies in particular to uploaded receipts, which may show the names or payment details of others.
6 Disclaimer and limitations of liability
The operator assumes no liability for the accuracy or completeness of content provided by users, in particular regarding expenses and tasks.
The app is provided "as is" and "as available". The operator is not liable for technical faults, loss of data or other damage arising from use of the app, unless caused by intent or gross negligence on the operator's part.
We accept no responsibility for incorrect calculations or incorrect information relating to financial data, including split expenses and exchange-rate differences. Amounts shown in the app are an aid to settlement between users, not a statement of account.
We reserve the right to suspend or discontinue the app at any time at our discretion. In that case we are not liable for loss of use.
7 Violations and sanctions
Violations of these terms may lead to temporary or permanent suspension of the user account. The operator may remove content that violates these terms.
Users may report violations by other users to the operator by e-mail. Reports are reviewed and acted on where necessary.
8 Changes to these terms
The operator may amend these terms. Users are informed of significant changes by e-mail.
Users may object to the changes within 30 days of notification. If a user objects, their account may be terminated.
9 Availability
The app is operated with reasonable care but without a guaranteed level of availability. Maintenance, faults and changes to interfaces of third-party services may cause interruptions.
10 Termination of use
Users may delete their account at any time without giving reasons, using the functions in the app or by contacting us.
On deletion, the account and the data belonging to the user personally are permanently deleted: profile, settings, devices, uploaded receipts and pictures, and every circle in which the user was the only member.
Entries in circles with other members — expenses, repayments, tasks, list entries and the history of those circles — are not deleted, because the other members' balances and records depend on them. The user's name is removed from them and replaced by a neutral label such as "Deleted user". Statutory retention obligations remain unaffected, and copies in backups are removed as those backups expire.
The operator may terminate the user relationship with 14 days' notice, and without notice in the event of serious violations of these terms.
11 Licence for the app, Apple EULA and stores
Subject to these terms, you are granted a non-transferable, non-exclusive licence to install and use one copy of the circles app in object code form on a mobile device that you own or control (including Apple-branded products running iOS). Reverse engineering, decompiling, disassembling or otherwise translating the app is not permitted.
a) Apple App Store
If you obtain the app from the Apple App Store, the following provisions also apply:
- These terms exist solely between you and the operator of the app, not with Apple. Apple assumes no responsibility for the app or its content.
- Your use of the app must comply with the App Store Terms of Use.
- Apple is not obligated to provide maintenance or support services for the app. The operator is solely responsible for providing any maintenance and support services.
- If the app does not comply with the applicable warranty provisions, you can notify Apple. Apple will refund the purchase price if necessary; further claims are governed exclusively by these terms.
- The operator, not Apple, is responsible for all claims related to the app, including product liability, legal requirements or violation of consumer rights.
- In the event of third-party claims for infringement of intellectual property rights in connection with the app, the operator is solely responsible.
- You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these terms insofar as they relate to your licence of the app, and that Apple has the right to enforce these terms against you as a third-party beneficiary.
b) Google Play Store
If you obtain the app via the Google Play Store, the Google Play Terms of Service and the Google Play Business and Program Policies also apply. Google accepts no responsibility for the app or its content. Use of the app is subject to the terms you have agreed with Google in connection with the Google Play Store.
12 Premium and premium sharing
12.1 Premium. Paid features are obtained as an in-app purchase, as a rule as an automatically renewing subscription. The contract for the subscription exists between the subscriber and the respective store, Apple or Google; § 13 to § 15 apply.
12.2 Sharing. A subscriber may make their premium features available to the members of one circle they belong to ("premium sharing"). Sharing another circle instead replaces the previous one. While a share is active, every member of that circle may use the premium features without a purchase of their own, including any usage quotas belonging to premium, which all members of the circle draw from jointly.
12.3 No claim of the recipients. Shared premium is a voluntary benefit granted by the subscriber. Recipients acquire no contractual claim against the operator or the subscriber to the continuation of the sharing, and no claim to compensation or refund if it ends.
12.4 End of sharing. Shared premium ends immediately, without notice and without any action by the operator, as soon as any of the following occurs:
- the subscriber ends the sharing or shares with a different circle;
- the subscriber's subscription expires, is cancelled or is refunded;
- the subscriber leaves the circle or is removed from it;
- the recipient leaves the circle or is removed from it;
- the circle is deleted.
The app then falls back to the free version for the affected members, including advertising. Content created while premium was shared remains, but premium-only functions may no longer be available for it.
12.5 Abuse. The operator may limit or exclude sharing where it is used to circumvent the paid model, in particular for circles created only to pass on a subscription.
13 In-app purchases
Paid features ("in-app purchases") can be bought via the app.
For in-app purchases made through the Apple App Store, the Apple Media Services Terms and Conditions and the Apple Standard End User License Agreement (EULA) also apply, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
For in-app purchases made through the Google Play Store, the Google Play Terms of Service and the Google Play Refund Policy also apply, available at https://play.google.com/about/play-terms/ and https://support.google.com/googleplay/answer/2479637.
In-app purchases may include subscriptions that renew automatically unless you cancel them through your store account (Apple or Google). For details on managing and cancelling such subscriptions, see the "Subscriptions" section of your store account.
14 Payment processor
All payments for in-app purchases are processed directly by Apple or Google as payment service providers, in accordance with their respective terms. The operator accepts no responsibility for the processing of payment transactions, including, but not limited to, system failures or errors on the part of the payment service provider.
15 Refunds
To the extent permitted by law, in-app purchases made via the app are generally non-refundable. Refunds can only be requested via the respective store provider (Apple or Google) and are subject to its terms. The operator is not obliged to grant refunds beyond those offered by Apple or Google.
Where premium was shared, a refund or cancellation also ends the sharing for all members of the circle concerned, in accordance with § 12.4.
16 Final provisions
These terms are subject to the law of the Federal Republic of Germany. The place of jurisdiction for all disputes arising from or in connection with these terms is the registered office of the operator, insofar as this may lawfully be agreed. Mandatory consumer protection provisions of the user's country of residence remain unaffected.
Should any provision be invalid, the validity of the remaining provisions is unaffected.
Contact
360degrees Software UG (haftungsbeschränkt)
Am Hauptbahnhof 6, 53111 Bonn, Germany
Managing director: Felix Bröhl
Commercial register: HRB 29347, Amtsgericht Bonn
Telephone: +49 228 76374989
E-mail: [email protected]