Terms of Service

March 2024

Welcome to https://www.aboutcircles.com/ (the “Site”) a website hosted by Gnosis Limited (herein referred to as “Circles”, “we”, “us” or “our”). We are registered in Gibraltar under company number 115571 and have our registered oﬃce at World Trade Center, 6 Bayside Road, GX11 1AA, Gibraltar. The Site gives an understanding about our vision, how you can use the complementary currency Circles, and how you can participate in this protocol. This Terms of Service Agreement (the "Agreement") governs your use of the Site. You must read this Agreement carefully. By accessing or using the Site, you signify that you have read, understand, and agree to be bound by and comply with this Agreement in its entirety. If you do not agree, you are not authorised to access or use the Site. These terms of use refer to our Privacy Policy, which also applies to your use of our Site: https://aboutcircles.com/privacy-policy.

PART 1: MODIFICATIONS
‍We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement. All modifications will be effective when they are posted, and your continued use of the Site will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Site. We also reserve the right, in our sole discretion, to update and change our Site from time to time, including, without limitation, to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

PART 2: ELIGIBILITY
2.1 Access To access or use the Site, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least eighteen years old and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Site. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by Gibraltar, or where your use of the Site would be illegal or otherwise violate any applicable law. You further represent that your access and use of the Site will fully comply with all applicable laws and regulations, and that you will not access or use the Site to conduct, promote, or otherwise facilitate any illegal activity (collectively, as described in Section 2.2. the "Prohibited Activity”) 2.2 Prohibited Activity As a condition to accessing or using the Site, you will not: a) violate any applicable law; b) infringe on or misappropriate any contract, intellectual property or other third-party right, or commit a tort while using the Site; c) use the Site in any manner that could damage, disable, overburden, or impair the functioning of the Site in any manner; d) attempt to circumvent any content filtering techniques or security measures that we employ on the Site, e) use the Site to support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities; f) use any robot, spider, crawler, scraper, or other automated means or interface not provided by us, to access the Site or to extract data; g) introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Site; h) provide false, inaccurate, or misleading information; i) use the Site from a jurisdiction that we have, in our sole discretion, or a relevant governmental authority has determined is a jurisdiction where the use of the Site is prohibited; or (l) encourage or induce any third party to engage in any of the activities prohibited under this Section.

PART 3: DISCLAIMERS
You expressly understand and agree that your use of the Service is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Site is at your own risk. No advice, information, or statement that we make should be treated as creating any warranty concerning the Site. We do not represent or warrant that access to the Site will be continuous, uninterrupted, timely, or secure; that the information contained in the Site will be accurate, reliable, complete, or current; or that the Site will be free from errors, defects, viruses, or other harmful elements. Additionally, we may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any such planned suspension or withdrawal. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Site. You expressly understand and agree that the Site provides general information about a currency called Circles. As such, we may, restrict your access to, or otherwise impose conditions or restrictions upon your use of, the Site, with or without prior notice, in our sole discretion.

PART 4: OUR INTELLECTUAL PROPERTIES
Our trademarks and brand name are our intellectual properties, and all rights in or to them are reserved. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

PART 5: NO PROFESSIONAL ADVICE
All information provided by the Site is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained in the Site. Before you make any financial, legal, or other decisions in connection with the Site, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

PART 6: RELEASE OF CLAIMS
You expressly agree that you assume all risks in connection with your access and use of the Site You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Site.

PART 7: INDEMNITY
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Site; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party’s access and use of the Site with your assistance or using any device or account that you own or control.

PART 8: LIMITATION ON LIABILITY
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Site, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorised access or use of the Site or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Site; (c) unauthorised access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Site; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Site, or $100.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.

PART 9: USER DATA
Please refer to our Privacy Policy, available at https://gnosis.io/privacy-policy/ for information about how we collect, use, share and otherwise process information about you. By using the Site, you consent to all actions that may be taken by us with respect to your information in compliance with the Privacy Policy.

PART 10: DISPUTE RESOLUTION
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If an alleged controversy, claim, dispute or diﬀerence arises out of or in connection with this Agreement (a "Dispute") arises, you agree to seek to resolve the matter with us amicably by referring the matter to [email protected] with a detailed description, the date and time the issue arose, your contact information to contact you on and the outcome you are seeking. In the event a Dispute cannot be resolved amicably in accordance with clause 18, within a period of sixty (60) days, then any such Dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and ﬁnally resolved by arbitration under the rules of the London Court of International Arbitration ("LCIA Rules"). The seat of the arbitration shall be Gibraltar. The arbitration will be conducted conﬁdentially by a single arbitrator appointed in accordance with the LCIA Rules. The language to be used in the arbitral proceedings shall be English. The governing law of these Terms shall be the substantive law of Gibraltar.

PART 11: CLASS ACTION AND JURY TRIAL WAIVER
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

PART 12: MISCELLANEOUS
11.1 Severability If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected. 11.2 Survival All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement. 11.3 Assignment We may assign this Agreement to any of our aﬃliates or in connection with a merger or other disposition of all or substantially all of our assets. In addition, we reserve the right to take appropriate legal proceedings against anyone who, in our sole discretion, violates the law or this Agreement and/or disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law. The actions we may take are not limited to those described, and we may take any other action we reasonably deem appropriate. 11.4 Governing Law This Agreement and any dispute or claim arising out or in connection with this Agreement (including any dispute or claim relating to non-contractual obligations) shall be governed by and construed in accordance with Gibraltar law. If you wish to contact us regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected].