Terms of Use

Welcome to 'Circles Innovation Platform' - an online virtual innovation platform where registered users (“Users”) can share their Ideas about things that can improve our lives (the "Service"). The Service is owned and operated by CIRCLES IT INNOVATION LTD. (“Circles” , “we”, “us”, “our”).

In a nutshell

The following key points of the Terms of Use are only brought for your convenience. They do not substitute the full Terms:

  • To use the Service, you must subscribe to the Service and accept these Terms of Use.
  • We do not claim ownership over User Content that you share or contribute through the Service, but you do give us a right and license to use it for the purpose of providing you with the Service. In no event you will be entitled for any compensation for the presentation or use by US of the User Content.
  • You may only upload lawful, non-infringing User Content on or through the Service. You may not post or upload any objectionable content of the type described in the Terms of Use below.
  • Circles has the right to suspend your use of the Service, if you do not comply with these Terms, including if you upload User Content that allegedly infringes on the rights of others.
  • We respect your privacy. Our Privacy Policy [https://circles.eco/privacy], which is incorporated to these Terms by reference, explains the privacy practices of the Service.
  • You may cancel your Subscription to the Service at any time by providing us a written notice of cancellation and termination.
  • Following termination, your Subscription will be cancelled and the Service, as well as your User Content will not be accessible to you.
  • We do not provide any data back-up services.
  • THESE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT.

Agreement

Please read carefully the following Terms of Use (the Terms”). By using, accessing or registering to the Service, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Service (you will be referred to as “you” or “your” throughout these Terms).

If you do not agree to comply with and be bound by these Terms please do not accept these Terms or access or use the Service, and do not provide any personal data to us.

You may only use the Service if you are an individual over the age of 18, with full legal capacity. You represent and warrant that you are 18 years of age or older.

BY SUBMITTING YOUR CONTACT DETAILS, YOU PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM THE COMPANY OR OTHERS ON ITS BEHALF. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY THE COMPANY OR OTHERS ON ITS BEHALF.

Description of the Service

The Service, as a virtual innovation platform, will enable you to: (i) share your ideas about improving our lives, (ii) join virtual brainstorming discussions with other Users.

The Service is made available to you on a website. It includes: (i) The software that you access via the website; (ii) Any other products, services and features made available or provided to you by Circles in connection with the Service; and (iii) The trademarks, service marks and logos (“Marks”), content, text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features, (together with the Marks the “Content”- as contained in or made available through the Service). (iv) The different content you and others shared through the Service, such as text, images, audio, video or other types of content (“User Content”).

Subscription to the service

Subject to your compliance with these Terms, Circles hereby grants you, and you accept, a non-exclusive, non-transferable, non-sublicensable, and fully revocable subscription (“Subscription”) to access and use the Service during the Subscription period.

Use

Any individual who has been supplied with user identification and password can access and use the Service (“Authorized Users”).

As an Authorized User you will be allowed access to the Service and perform the following activities according to the Service's functionality:

  • Post. You may interact with other Authorized Users Data and post User Content within the Service, such as text, images, videos, charts, polls and other data as available through the Service’s functionality.
  • View. You may view User Content posted by other Authorized Users, as well as your User Content; provided, however, that it is not restricted by the other Authorized Users.

In order to use the service and become an Authorized User, you are required to create a personal Account. By creating your Account, you acknowledge and agree: (i) To provide accurate and complete Account and login information; (ii) To keep, and ensure that, your Account login details and password are always secured; and (iii) To remain solely responsible and liable for the activity arising out of any failure to keep your Account details confidential; and (iv) To promptly notify us in writing if you become aware of any unauthorized access or use of your Account or the Service.

Termination and suspension

Termination by you

You may cancel your Account on the Service and terminate these Terms at any time by providing us written notice of cancellation and termination.

Termination by Us

In addition to any remedies that may be available to us under any applicable law or these Terms, if we believe that you misused the Service or breached these Terms, we may, in our sole discretion, limit, suspend or terminate your use of the Service, and take technical and legal measures to keep you from using the Service.

Effects of Termination

Upon termination, you must discontinue any and all use of the Service. Following termination, you will not be able to access the Service, as well as access your User Content (as defined below).

Termination of these Terms will not preclude our continued use of the User Content you provided to us prior to termination for the purposes of this Service, in accordance with the rights you granted us in these Terms.

See our Privacy Policy [https://circles.eco/privacy] for details regarding retention and deletion of your personal information.

The following sections shall survive any termination, or expiration of the Terms: Effects of termination, Content and dealings, Your privacy, Intellectual property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, General.

Content and dealings

When you use the Service to open or join an available project and share your ideas and comments on the Service or when you will participate in a chat, the Service will use and process your User Data such in textual, code, script (or combination thereof) that you make available to, upload to, or post on or through the Service.

We do not claim ownership over User Content. By using the Service to upload User Content on, to or through the Service, you grant us a royalty-free, free-of-charge, worldwide, non-exclusive, sub-licensable and transferrable, license to use and display such data (including for commercial use as well as copying, modifying, distributing, posting and making derivative works), for the sole purposes of facilitating the use of the Service (the “Purposes”). You further waive any claims against Circles or anyone on its behalf relating to any intellectual property rights, including moral rights and rights of attribution, with respect to your User Content, used for the Purposes.

When you upload User Content to, on or through the Service, you represent and warrant to us that:

  • You are the rightful owner of all rights to such User Content, or you are lawfully licensed by all the rightful owners to upload such User Content to, on or through the Service;
  • You are lawfully entitled to grant us the licenses in and to such User Content, as contemplated by these Terms;
  • You lawfully obtained the consent of all individuals depicted, shown or referred to in the User Content, to include them in the User Content and to use that User Content for the Purposes and in the manner contemplated by these Terms. With respect to minors depicted, shown or referred to in the User Content, you lawfully obtained the consent of their parents or legal guardians, as well as such minors approval;
  • Creating the User Content and uploading it on, to or through the Service, does not infringe any rights of third parties, including intellectual property rights, privacy rights and publicity rights.

Use of the Service and restrictions

While using the Service, you agree to refrain from –

  • Breaching the Terms, or any other applicable rules and instructions that we may convey with respect to the use of the Service;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam, copyright, commerce and consumer rights.
  • Interfering with, burdening or disrupting the functionality of the Service; Interfering with, burdening or disrupting the functionality of the Service;
  • Breaching the security of the Service or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Service;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.
Without derogating from any of the above, you may not upload, disseminate, transmit or otherwise communicate through the Service any User Content which:
  • May infringe rights of others, including a person's right to privacy or right of publicity, patents, copyrights, trade secrets and trademarks;
  • Is copied from other subscribers to the Service without obtaining their prior consent in writing;
  • May depict or identify minors, their personal details, their address or ways to contact them, without their legal guardians’ explicit consent, as well as such minors’ approval, when practically possible;
  • May include software viruses, spyware or any other malicious applications;
  • May encourage, support, assist, or advise in the commission of a criminal offense or carry an elevated risk of psychological or physiological stress or injury or damage to property;
  • May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
  • May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
  • Is overtly sexual or pornographic material, defined by Webster's Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings".
  • Contains inflammatory religious commentary or inaccurate or misleading quotations of religious texts.
  • Is a realistic portrayal of people or animals being killed, maimed, tortured, or abused, or content that encourages violence.
  • Include depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms;
  • May include unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
You may not access or use the Service in order to develop or create a similar or competitive product or service.

We reserve the right, but are not obligated to, review the User Content submitted to the Service, to make sure that it complies with these Terms. We may also review such User Content as a result of an inquiry we received alleging that the User Content violates the Terms or is otherwise objectionable.

If we, in our discretion, determine that the User Content violates these Terms, we may remove it from the Service, with or without notice to you, and we may discontinue, terminate or suspend the operation of the Service as it pertains to you, or any part or aspects thereof, temporarily or permanently. If we terminate the operation of the Service.

Your privacy

We respect your privacy. Our Privacy Policy [https://circles.eco/privacy ], which is incorporated to these Terms by reference, explains the privacy practices on the Service.

Intellectual property

Except for the User Content, we and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof or any of the Content on or of the Service (except for your User Content), either by yourself or by a third party on your behalf, in any way or by any means.

You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission which may dilute or tarnish our goodwill.

Requests to remove Content from the Service

You and third parties may request that we remove your User Content from the Service. Requests to remove User Content due to copyright infringement must be made in accordance with our Copyright Policy [https://circles.eco/copyrights].

If you find any User Content uploaded through the Service violates these Terms of Use, please let us know by contacting us at: [info@circles.eco]. We will review every request and take action as necessary.

Changes in the Service; discontinuation

We may, but are not obligated to, maintain the Service with periodic updates or upgrades. We will determine the frequency and scope of such updates and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these updates or the lack thereof.

We may, at any time, without prior notice, change the features of the Service or suspend the operation of the Service, temporarily or permanently, without any liability to you.

Support, availability and quality

The availability, quality and functionality of the Service depends on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free. We may, from time to time, need to interrupt the Service for maintenance and other operational reasons.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. You will not receive any compensation or refund for such interruptions.

You acknowledge that the Service DOES NOT provide any data back-up services, including with respect to any User Data or any other data that you or third parties upload, post or use.

During Your Subscription period, we will, either directly or with the assistance of third parties, provide you technical support for technical questions, problems and inquiries regarding the Service, during our business days and hours, and pursuant to the support scheme, hours and channels separately conveyed to you.

We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we may decline to provide such support for matters that we deem, in our sole discretion, to require unreasonable time, effort, costs or expenses. We make no warranties to any specific response-time or to the successful or satisfactory resolution of the question, problem or inquiry.

Changes to the Terms

We may amend the Terms from time to time. In such case, we will notify you of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the Service. If you do not accept the amended Terms, these Terms will be terminated (see “Effects of termination” section).

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, CONTENT, USER CONTENT, ANY INTERACTION RELATED TO THE SERVICE, ANY THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON- INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY.

LIMITATION OF LIABILITY

ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THIRD PARTIES (SUCH AS USERS), AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RESPONSIBILITY.

WE, INCLUDING OUR STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE CONTENT, THE USE OF, OR THE INABILITY OF YOU OR THIRD PARTIES TO USE THE SERVICE, AND YOUR SUBSCRIPTION, OR ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHERS ON OR THROUGH THE SERVICE, OR YOUR RELIANCE UPON THE SERVICE OR ANY CONTENT UPLOADED OR AVAILABLE TO THE SERVICE, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, OR ANY FAULT, OR ERROR MADE BY OUR STAFF, OR ANY DENIAL OR CANCELATION OF YOUR SUBSCRIPTION, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR USER CONTENT ON THE SERVICE.

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES YOU PAID (IF ANY) IN CONNECTION WITH THE SERVICE, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIMED DAMAGE.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of, or inability to use, the Service, any User Content, your breach of the Terms, Your breach of any other terms, rules or regulations applicable to the Service.

Links and Commercial Information in the Service

The Service may contain links to content published on other websites or external sources, provided by third parties. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability.

Governing Law & Jurisdiction

Regardless of Your place of residence or organization, or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.

The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and (b) for interim, emergency or injunctive relief in any other court having general jurisdiction over you.

General

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements. However, the Subscription and use of to the Service is subject to any restrictions or limitations which were agreed upon in the agreement between Circles and your Organization. In the event of a conflict between the provisions on this Terms and the provisions of the Agreement, the Terms shall prevail and shall apply.

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law-1969, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Contact Us

At any time, you may contact us with any question that you may have with respect to the Service, at: [info@circles.eco]