Terms of Service
TERMS OF SERVICE
Last updated: 06/16/2023
1. Introduction
Welcome
to LaunchSoft Solutions FZ-LLC (“Company”, “we”, “our”, “us”)! As you have
just clicked our Terms of Service, please pause, grab a cup of coffee and
carefully read the following pages. It will take you approximately
20 minutes.
These
Terms of Service (“Terms”, “Terms of Service”) govern your use
of our web pages located at Circulife.app and our mobile
application Circulife (together or individually “Service”) operated by LaunchSoft
Solutions FZ-LLC
Our
Privacy Policy also governs your use of our Service and explains how we
collect, safeguard and disclose information that results from your use of our
web pages. Please read it here [●].
Your
agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you
have read and understood Agreements, and agree to be bound of them.
If you
do not agree with (or cannot comply with) Agreements, then you may not use the
Service, but please let us know by emailing at abdulghafor.abbas@circulife.app so we can try to find a solution. These Terms apply to
all visitors, users and others who wish to access or use Service.
Thank
you for being responsible.
2. Communications
By creating an Account on our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or by emailing
at.
3. Purchases
If you wish to purchase any product or service made
available through Service (“Purchase”),
you may be asked to supply certain information relevant to your Purchase
including, without limitation, your credit card number, the expiration date of
your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal
right to use any credit card(s) or other payment method(s) in connection with
any Purchase; and that (ii) the information you supply to us is true, correct
and complete.
We may employ the use of third party services for the
purpose of facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to these
third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at
any time for reasons including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order or other reasons.
We reserve the right to refuse or cancel your order if
fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made
available through Service may be governed by rules that are separate from these
Terms of Service. If you participate in any Promotions, please review the
applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on a subscription basis
(“Subscription(s)”). You will be
billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or
annual basis, depending on the type of subscription plan you select when
purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it or LaunchSoft Solutions FZ-LLC cancels
it. You may cancel your Subscription renewal either through your online account
management page or by contacting LaunchSoft Solutions FZ-LLC customer
support team.
A valid payment method, including credit card or PayPal,
is required to process the payment for your subscription. You shall
provide LaunchSoft Solutions FZ-LLC with accurate and complete
billing information including full name, address, state, zip code, telephone
number, and a valid payment method information. By submitting such payment
information, you automatically authorize LaunchSoft Solutions
FZ-LLC to charge all Subscription fees incurred through your account to
any such payment instruments.
Should automatic billing fail to occur for any
reason, LaunchSoft
Solutions FZ-LLC will issue an electronic invoice indicating that you must
proceed manually, within a certain deadline date, with the full payment
corresponding to the billing period as indicated on the invoice.
6. Free Trial
LaunchSoft
Solutions FZ-LLC may, at its sole discretion, offer a Subscription with a
free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in
order to sign up for Free Trial.
If you do enter your billing information when signing up
for Free Trial, you will not be charged by LaunchSoft Solutions FZ-LLC until Free Trial has
expired. On the last day of Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription fees
for the type of Subscription you have selected.
At any time and without notice, LaunchSoft Solutions FZ-LLC reserves
the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel
such Free Trial offer.
7. Fee Changes
LaunchSoft
Solutions FZ-LLC, in its sole discretion and at any time, may modify
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
LaunchSoft
Solutions FZ-LLC will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of Service after Subscription fee
change comes into effect constitutes your agreement to pay the modified
Subscription fee amount.
8. Refunds
Except when required by law, paid Subscription fees are
non-refundable.
9. Content
Our Service allows you to post, link, store, share and
otherwise make available certain information, text, graphics, videos, or other
material (“Content”). You are
responsible for Content that you post on or through Service, including its
legality, reliability, and appropriateness.
By posting Content on or through Service, You represent
and warrant that: (i) Content is yours (you own it) and/or you have the right
to use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate the
account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you
submit, post or display on or through Service and you are responsible for
protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through Service. However, by posting
Content using Service you grant us the right and license to use, modify,
publicly perform, publicly display, reproduce, and distribute such Content on
and through Service. You agree that this license includes the right for us to
make your Content available to other users of Service, who may also use your
Content subject to these Terms.
LaunchSoft
Solutions FZ-LLC has the right but not the obligation to monitor and edit
all Content provided by users.
In addition, Content found on or through this Service are
the property of LaunchSoft
Solutions FZ-LLC or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content, whether in whole
or in part, for commercial purposes or for personal gain, without express
advance written permission from us.
10. Prohibited Uses
You may use Service only for lawful purposes
and in accordance with Terms. You agree not to use Service:
(a)
In any way that violates any applicable national or international
law or regulation.
(b)
For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to inappropriate content or
otherwise.
(c)
To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter,” “spam,” or any
other similar solicitation.
(d)
To impersonate or attempt to impersonate Company, a Company
employee, another user, or any other person or entity.
(e)
In any way that infringes upon the rights of others, or in
any way is illegal, threatening, fraudulent, or harmful, or in connection with
any unlawful, illegal, fraudulent, or harmful purpose or activity.
(f)
To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of Service, or which, as determined by us, may harm
or offend Company or users of Service or expose them to liability.
Additionally,
you agree not to:
(a)
Use Service in any manner that could disable, overburden,
damage, or impair Service or interfere with any other party’s use of Service,
including their ability to engage in real time activities through Service.
(b)
Use any robot, spider, or other automatic device, process,
or means to access Service for any purpose, including monitoring or copying any
of the material on Service.
(c)
Use any manual process to monitor or copy any of the
material on Service or for any other unauthorized purpose without our prior
written consent.
(d)
Use any device, software, or routine that interferes with
the proper working of Service.
(e)
Introduce any viruses, trojan horses, worms, logic bombs,
or other material which is malicious or technologically harmful.
(f)
Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of Service, the server on which Service is stored,
or any server, computer, or database connected to Service.
(g)
Attack Service via a denial-of-service attack or a
distributed denial-of-service attack.
(h)
Take any action that may damage or falsify Company rating.
(i)
Otherwise attempt to interfere with the proper working of
Service.
11. Analytics
We may use third-party Service Providers
to monitor and analyze the use of our Service.
Analytics
Google Analytics is a web analytics
service offered by Google that tracks and reports website traffic. Google uses
the data collected to track and monitor the use of our Service. This data is
shared with other Google services. Google may use the collected data to
contextualise and personalise the ads of its own advertising network.
For more information on the privacy
practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the
Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is analytics service provided
by Google Inc.
You may
opt-out of certain Firebase features through your mobile device settings, such
as your device advertising settings or by following the instructions provided
by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more
information on what type of information Firebase collects, please visit the
Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
12. No Use By Minors
Service
is intended only for access and use by individuals at least eighteen (18) years
old. By accessing or using any of Company, you warrant and represent that you
are at least eighteen (18) years of age and with the full authority, right, and
capacity to enter into this agreement and abide by all of the terms and
conditions of Terms. If you are not at least eighteen (18) years old, you are
prohibited from both the access and usage of Service.
13. Accounts
When you create an account with us, you guarantee that
you are above the age of 18, and that the information you provide us is
accurate, complete, and current at all times. Inaccurate, incomplete, or
obsolete information may result in the immediate termination of your account on
Service.
You are responsible for maintaining the confidentiality
of your account and password, including but not limited to the restriction of
access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or
password, whether your password is with our Service or a third-party service.
You must notify us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
You may not use as a username the name of another person
or entity or that is not lawfully available for use, a name or trademark that
is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is
offensive, vulgar or obscene.
We reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
14. Intellectual Property
Service and its original content (excluding Content
provided by users), features and functionality are and will remain the
exclusive property of LaunchSoft
Solutions FZ-LLC and its licensors. Service is protected by copyright,
trademark, and other laws of foreign countries. Our trademarks and trade
dress may not be used in connection with any product or service without the
prior written consent of LaunchSoft Solutions FZ-LLC.
15. Copyright Policy
We respect the intellectual property rights of others. It
is our policy to respond to any claim that Content posted on Service infringes
on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of
one, and you believe that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via email
to abdulghafor.abbas@circulife.app, with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the alleged
Infringement as detailed below, under “DMCA Notice and Procedure for Copyright
Infringement Claims”
You may be held accountable for damages (including costs
and attorneys’ fees) for misrepresentation or bad-faith claims on the
infringement of any Content found on and/or through Service on your copyright.
16. DMCA Notice and Procedure for Copyright
Infringement Claims
You may submit a notification pursuant to the
Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with
the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
(a)
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright’s interest;
(b)
a description of the copyrighted work that you claim has
been infringed, including the URL (i.e., web page address) of the location where
the copyrighted work exists or a copy of the copyrighted work;
(c)
identification of the URL or other specific location on
Service where the material that you claim is infringing is located;
(d)
your address, telephone number, and email address;
(e)
a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
(f)
a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email
at abdulghafor.abbas@circulife.app
17. Error Reporting and Feedback
You may provide us either directly at abdulghafor.abbas@circulife.app
or via third party sites and tools with information and feedback
concerning errors, suggestions for improvements, ideas, problems, complaints,
and other matters related to our Service (“Feedback”).
You acknowledge and agree that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest in or to the
Feedback; (ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
The third party sites and tools mentioned above include
the following:
Bugsnag
Bugsnag is a platform for monitoring and
logging stability of applications provided by Bugsnag Inc. Please read their
Privacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/
ACRA
ACRA or Application Crash Reports for Android is
monitoring platform. Please find more information here: https://github.com/ACRA/acra
Rollbar
Rollbar is error tracking service provided by Rollbar
Inc. Find out more here: https://docs.rollbar.com/docs/privacy-policy
Sentry
Sentry is open-source error tracking solution provided by
Functional Software Inc. More information is available here: https://sentry.io/privacy/
Raygun
Raygun is automated error monitoring software provided by
Raygun Limited. Privacy Policy is accessible at https://raygun.com/privacy/
Firebase
Crashlytics
Firebase
Crashlytics is bug
reporting service provided by Google Inc.
You may
opt-out of certain Firebase features through your mobile device settings, such
as your device advertising settings or by following the instructions provided
by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more
information on what type of information Firebase collects, please visit the
Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
18. Links To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by LaunchSoft Solutions FZ-LLC
LaunchSoft
Solutions FZ-LLC has no control over, and assumes no responsibility for
the content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
YOU ACKNOWLEDGE AND AGREE THAT LaunchSoft
Solutions FZ-LLC SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED
BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR
SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
19. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN
“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED
WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING
ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR
ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR
LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY
LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE
AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL
THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your account and bar access
to Service immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of Terms.
If you wish to terminate your account, you may simply
discontinue using Service.
All provisions of Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
22. Governing Law
These Terms shall be governed and construed in accordance
with the laws of State of Delaware without regard to its conflict of
law provisions.
Our failure to enforce any right or provision of these
Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service and supersede and replace any
prior agreements we might have had between us regarding Service.
23. Changes To Service
We reserve the right to withdraw or amend our
Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting the amended
terms on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform following the posting
of revised Terms means that you accept and agree to the changes. You are
expected to check this page frequently so you are aware of any changes, as they
are binding on you.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use Service.
25. Waiver And Severability
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
Company to assert a right or provision under Terms shall not constitute a
waiver of such right or provision.
If any provision of Terms is held by a court or other
tribunal of competent jurisdiction to be invalid, illegal or unenforceable for
any reason, such provision shall be eliminated or limited to the minimum extent
such that the remaining provisions of Terms will continue in full force and
effect.
26. Acknowledgement
BY
USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
27. Contact Us
Please
send your feedback, comments, requests for technical support:
By email: abdulghafor.abbas@circulife.app.