Subject to the terms of this Agreement, Circle hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable license to the Services for your non-commercial, personal use only.
Circle is providing digitally enabled care coordination and health and wellness Services through a technological software platform (the “Platform”) under license from a third party, Thrive Health Inc., who also acts as a service provider to Circle for the purposes of the Services.
By using the Services you agree that Circle and its licensors and service providers are not liable for any damages, injuries, or negative results or consequences relating to any information, including any recommendation, provided by or through the Services.
We offer several products, services, and functionalities for your non-commercial, personal use only.
These Services provide general information only, do not provide any diagnosis and should not be treated as a substitute for medical consultation, diagnosis, treatment or advice. By using the Services you agree that Circle and its licensors and services providers are not liable for any damages, injuries, or negative results resulting from your use of the Services.
In order to use the Services, you will be required to register and create an account (your “Circle Account”). You represent and warrant that you are authorized to provide all the information you provide upon registration for your Circle Account. Further, you must provide accurate, current and truthful information when registering and creating your Circle Account and you are responsible for updating this information and ensuring that it remains accurate. You are responsible for all activities occurring under your Circle Account and for keeping your password and other Circle Account information confidential. You are responsible for putting in place and observing all safety measures that may be necessary to protect your personal well-being and property and to prevent unauthorized access, misuse of Circle Account information and/or passwords, or misuse of any other information relating to your Circle Account. Circle is not liable to you for any unauthorized access or misuse of your Circle Account or of the Services through your Circle Account.
To use certain services, you will be required to create a Circle Account. You are responsible for all activities under your Circle Account and to enact appropriate safety measures to keep your Circle Account details confidential.
Circle offers several products, services, and functionalities as part of the Services. The Services may allow you to communicate with a third party (a “Third Party”) such as a health professional.
Any communication with a Third Party (including any services and any advice, opinion or health information you may obtain by way of such communications through the Services) is between you and this Third Party.
Circle is not responsible for the content of these communications and expressly disclaims any responsibility or liability for any claims, losses or damages that may arise as a result of such communications or failure of communications.
Circle reserves the right, but has no obligation, to become involved in any way with any dispute between you and another party, including a Third Party, arising out of or in connection with the Services.
Circle is not responsible for the conduct, whether online or offline, of any user of the Services.
If you communicate with a third party using our platform, we are not responsible for the content of any communication and we are not responsible for the conduct of any user of our services.
You must not request or authorize another person to:
(i) engage in any activities through or in connection with the Services that seek to, attempt to or do harm to any individuals or entities which are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party;
(ii) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code or any software or other products, services, or processes accessible through any portion of the Services;
(iii) engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Circle, a Third Party or other users of the Services;
(iv) interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
(v) attempt to gain unauthorized access to the Services, computer systems or networks connected to the Services, through hacking, password mining, or any other means and from engaging in activities that are not in compliance with applicable laws;
(vi) harvest or otherwise collect or store any information of third parties (including personal information about other users of the Services, without the express consent of such users);
(vii) use the Services or any data obtained through the Services for the purpose of engaging in any commercial activity or to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam or other commercial electronic messages through the Services; or
(viii) otherwise violate this Agreement.
We reserve the right to delete or request removal of any Circle Account, at our discretion and without liability, for unacceptable or prohibited use. We may choose not to give notice or explanation. We also reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
You agree to not engage in any illegal or unauthorized use of the services, doing so will result in the termination of your Circle Account. We may take appropriate legal action as we see fit.
When creating a Circle Account and using the Services, you will be asked to provide certain personal information which may include personal health information. Circle will collect, store, use and disclose this information in accordance with the Privacy Notice available by clicking here.
By agreeing to the terms of this Agreement, you agree to the collection, use and disclosure of your personal information as outlined in the Privacy Notice.
You agree to the collection, storage, use and disclosure of this information as defined in our Privacy Notice.
In accordance with our Privacy Notice, available by clicking here, you agree that Circle may generate, collect, use and disclose any non-personally identifiable information that has been derived from your personal information, or generated by your use of the Services (“De-Identified Data”).
You agree to our limited rights to generate, collect, use and disclose de-identified data, as defined in our Privacy Notice.
From time to time, Circle will provide updates to the Services. The terms of this Agreement will govern any update to the Services provided by Circle that replace and/or supplement the original Services, unless such update is accompanied by a separate license, in which case the terms of that license will govern.
Some updates to the Services may be optional or require some action on your part, for example, when you must download and install an update to an App. If you do not complete the installation of the update, the Services may not function properly or at all. Circle will not be responsible for any problems caused by your failure to complete the timely installation of any update.
You agree to the timely installation of any update to ensure the proper functioning of the services. These terms will govern any update to the services, unless otherwise stated.
Any links or references to third party information are provided solely as a convenience to you. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or references or the activities of the people, organizations, and/or businesses responsible. When you use a link to go from the Services to another website or service, your browsing and interaction is subject to that website’s own rules and policies, not those of Circle. Circle shall have no liability to you for any content that you may find to be offensive, indecent, or objectionable.
We may provide links or references to third party information as a convenience to you. Those services and content provided by that third party is subject to their own rules and policies.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you terminate your Circle Account. To the fullest extent permitted by applicable law, Circle may terminate this Agreement, with or without notice to you, if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you must cease all use of the Services.
These terms remain in effect until terminated. You will no longer have rights to access or use the Services once this agreement is terminated.
Access to the platform through which the Services are provided (the “Platform”) is under license. You acknowledge that Circle and its licensors are the sole and exclusive owner of all rights, title, and interest in and to the Platform (including both object and source code) and the Services and any content created and/or accessible by you through the provision of the Platform or the Services. You acknowledge that the Platform, the Services and all information related thereto constitute valuable proprietary, confidential and trade secret information of Circle and its licensors. The Platform, the Services and all information related thereto are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada and other countries and may not be duplicated, modified, or used by you other than as permitted by Circle and its licensors.
By agreeing to this Agreement, you acknowledge that, as between you and Circle, Circle and its licensors own and retain all rights, title and interest in and to the Platform and the Services including without limitation all copyright, trademark and intellectual property rights therein, and that the only right you have is the limited right to use the same as set forth in this Agreement. You may not rent, lease, lend, sell, redistribute or sublicense any right to use the Platform or the Services.
You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, upgrades, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Circle and its licensors.
All rights in the Platform and the Services not expressly granted to you are reserved by Circle and its licensors.
All intellectual property rights in the Platform and in the Services and all related content and information provided to you are reserved.
You may be offered the opportunity to open an Unrelated Account and to obtain services from the Parties. You do not have to open an Unrelated Account or obtain Unrelated Services to obtain the Circle Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE EXCLUSION AND LIMITATIONS BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDED BUT NOT LIMITED TO THE APP AND WEBSITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CIRCLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF DURABILITY, OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
CIRCLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
This is our disclaimer of legal liability for the quality, performance, or accuracy of our services.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS BELOW MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CIRCLE, ITS LICENSORS OR SERVICES PROVIDERS BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT OR OTHERWISE) AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These terms include a limitation of the legal liability we may have to you.
To the fullest extent permitted by applicable law, Circle may modify this Agreement from time to time. Circle will give to you written notice of modifications to the Agreement by any reasonable manner of notice which it elects and your use of the Services after the effective date of the modifications as set out in such notice constitutes your agreement to such modifications.
We may make changes to these terms and will give you written notice for any changes and/or modifications to this agreement.
This Agreement constitutes the entire agreement between you and Circle with respect to your use of the Services. The failure of Circle to enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. The Services are intended for use in Canada only.
You may not use the Services outside Canada. You may not export or re-export the Services except as permitted under the laws of Canada. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with Circle’s prior written consent.
The laws of the Province of Ontario, excluding its conflicts of law rules, and the federal laws of Canada applicable therein govern this Agreement. Any disputes in relation to this Agreement shall be brought to the courts of competent jurisdiction of the City of Toronto, Ontario.
You may only use the services within Canada. Applicable provincial and federal laws of Canada govern these terms.
Your feedback or advice about the Services and our business helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to us by email, as email is not a safe or secure method of transmitting confidential or private information.
If you have questions regarding this Agreement, please contact us at:
firstname.lastname@example.org or Circle Health,
130 King Street West, Suite 1320,
Toronto, Ontario, Canada, M5X 2A2
For more information, you can contact us at email@example.com.