Terms of Service

1. Agreement to Terms

Welcome to Circlepoint. These Terms of Service ("Terms") constitute a legally binding agreement between you and Circlepoint Inc. ("Circlepoint," "we," "us," or "our") governing your access to and use of the Circlepoint platform and services (collectively, the "Service").

By creating an account, accessing, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Circlepoint provides a link-in-bio platform that enables creators to:

• Create a personalized landing page with their social links and content
• Sell digital products (e-books, templates, courses, etc.)
• Offer and manage 1-on-1 booking sessions
• Accept donations and tips from supporters
• Collect email subscribers for newsletters
• Accept payments through M-Pesa, credit/debit cards, and other supported methods

3. Account Registration and Security

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

You must be at least 13 years old to use the Service. If you are under 18, you must have parental or guardian consent.

4. User Content and Conduct

4.1 Your Content

You retain ownership of any content you submit, post, or display on the Service ("User Content"). By posting content, you grant Circlepoint a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of operating and improving the Service.

4.2 Prohibited Content and Conduct

You may not use the Service to:

• Post or sell illegal, fraudulent, or harmful content or products
• Infringe on intellectual property rights of others
• Harass, abuse, or harm other users
• Distribute malware, viruses, or malicious code
• Engage in spam, phishing, or deceptive practices
• Attempt to circumvent security measures or access unauthorized areas
• Use the Service for money laundering or terrorist financing
• Sell prohibited items (weapons, drugs, counterfeit goods, etc.)

We reserve the right to remove any content and suspend or terminate accounts that violate these terms.

5. Payments and Fees

5.1 Platform Fee

Circlepoint charges a 10% platform fee on all transactions. This fee is deducted automatically from each payment you receive. You will receive 90% of the transaction amount.

5.2 Payment Processing

Payments are processed through third-party payment providers (M-Pesa, card processors). Additional payment processing fees may apply as determined by these providers.

5.3 Payouts

Available balances can be withdrawn to your linked M-Pesa number or bank account. Payouts are typically processed within 1-2 business days. You are responsible for providing accurate payout information.

5.4 Refunds and Disputes

Creators are responsible for setting their own refund policies for digital products and services. Circlepoint may facilitate dispute resolution but is not liable for refunds. Chargebacks may result in account suspension.

6. Intellectual Property

6.1 Circlepoint Property

The Service and its original content, features, and functionality are owned by Circlepoint and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

6.2 Trademarks

The Circlepoint name, logo, and all related names, logos, product and service names are trademarks of Circlepoint Inc. You may not use these marks without our prior written consent.

7. Third-Party Services

The Service integrates with third-party services including:

• Google Calendar: For booking and scheduling functionality
• Payment Processors: For processing payments
• Authentication Providers: For account security
• Analytics Services: For understanding usage

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of these third parties.

8. Limitation of Liability

To the maximum extent permitted by law, Circlepoint shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, errors, or omissions
• Unauthorized access to your data or account
• Actions or content of other users or third parties
• Any damages arising from transactions between creators and buyers

Our total liability to you for any claim shall not exceed the amount you paid to us in the 12 months preceding the claim, or $100, whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless Circlepoint, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Any disputes between you and other users or third parties

10. Termination

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Service immediately ceases
• Your profile and content will be removed from public view
• Pending payouts will be processed according to our payout schedule
• Certain provisions of these Terms will survive termination (intellectual property, liability, indemnification)

You may delete your account at any time from your account settings. Deletion is permanent and cannot be undone.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Nairobi, Kenya, in accordance with the rules of the Chartered Institute of Arbitrators.

13. General Provisions

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Circlepoint regarding the Service.

14. Contact Information

If you have any questions about these Terms, please contact us: