Terms and Conditions

Acceptance of Terms

These Terms and Conditions (“Terms”) are a legal agreement between you and The Circular Leader Company (“Company”, “we”, “us”, or “our”), the provider of The Circular Leader App mobile application (“the App”). By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App. You represent that you are at least the age of majority in your jurisdiction (or have obtained parental/guardian consent) and are legally capable of entering into this agreement.

We may modify these Terms from time to time. If we do, we will provide notice by posting the updated Terms within the App or through other communications. It is your responsibility to review any updated Terms. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.

The App and License Grant

License: Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, limited license to install and use the App on your device, solely for your own personal use (or internal business use, if you are an authorized enterprise user, as described in the “Enterprise Use” section below). This is a license to use the App – the App is licensed, not sold to you. All rights not expressly granted to you are reserved by the Company.

Free Version and In-App Purchases: The App is provided as a fully functional free application. The core features of the App are available free of charge without any time limit or requirement to make a purchase. We may offer optional in-app purchases to access additional content or features, but any such purchases are voluntary and not necessary for the ongoing functionality of the free version of the App. Whether or not you choose to make in-app purchases, you will continue to have access to the App’s free features indefinitely.

Updates: We may from time to time develop patches, bug fixes, updates, upgrades, or other modifications to improve the performance or functionality of the App. We reserve the right to deploy such updates to your device automatically (for example, to deliver critical fixes or enhancements), or to require you to download them for continued use of the App. All updates are deemed part of the App and subject to these Terms. We also reserve the right to modify or discontinue, temporarily or permanently, the App or any features or functionality thereof at any time with or without notice. You agree that we are not liable to you or any third party for any such modification, suspension, or discontinuation of the App.

In-App Purchases and Payments

The App may include optional in-app purchases (such as premium features, content packs, or subscription services). If you choose to make an in-app purchase, you will be prompted to confirm the purchase within the App and through your platform’s app store (e.g., Apple App Store or Google Play). All payments for in-app purchases are processed by the app store provider from which you downloaded the App, and all transactions are subject to that provider’s own terms and conditions and payment policy. This means:

Billing: You must have a valid account with the app store (such as a Google or Apple ID) with a valid payment method. All billing, payment processing, and receipts for in-app purchases are handled by the app store. We do not collect or store your payment information for in-app purchases.
Authorization: By confirming an in-app purchase, you authorize the app store to charge the designated payment method for the amount displayed (including any applicable taxes or fees).
Refunds: All purchases are generally final and non-refundable. Any refund requests or disputes must be directed to the app store, as we are bound by their policies on in-app purchase refunds. We do not have the ability to issue refunds directly for purchases made through the app stores, except as permitted by the store’s rules or required by applicable law.
Usage of Purchases: In-app purchases (such as premium content or features) are consumed within the App and cannot be transferred or redeemed outside of the App. Some purchases (e.g., subscriptions) may unlock features for a period of time; others may be one-time unlocks. The App will clearly indicate the nature of each purchasable item (one-time purchase, recurring subscription, etc.) before you complete the purchase.
No Unauthorized Purchases: You are responsible for safeguarding your app store account credentials. If others have access to your device or account, you are responsible for any purchases they make. Please use device-level security features (like password protection or biometric locks) to prevent unintentional or unauthorized transactions. If you are a parent or guardian, it is your responsibility to ensure that in-app purchases are appropriately managed on devices accessible by minors.
Cross-Platform Purchases:
In-app purchases made through the Apple App Store (for iOS devices such as iPhones or iPads) or Google Play Store (for Android devices) are linked exclusively to the account used to make that purchase and the platform on which they were originally made. In-app purchases cannot be transferred or recognized across different app store platforms. For example, if you make an in-app purchase on an iOS device, this purchase will not be accessible or restored on an Android device, and vice versa. To access premium features or content on both platforms, you must complete separate purchases on each platform’s respective app store.

We may offer, in the future, subscription-based premium features or other paid services. Any such offerings will be clearly described, including the price, billing frequency, and cancellation terms. We will not charge you for any such service without your explicit opt-in and consent.

Note: The free version of the App will remain fully functional without any purchase. In-app purchases are completely optional enhancements to your experience. We will not disable or degrade the basic functionality of the App in order to pressure you into a purchase.

Enterprise Use and Licensing

The App is primarily offered for individual use, but we also support use by organizations under an enterprise license agreement. “Enterprise License” refers to a separate licensing arrangement between the Company and a third-party organization (such as a business, institution, or agency) that provides the organization (the “Enterprise”) and its authorized members or employees (“Authorized Users”) access to the App and related services. If you are using the App as an Authorized User under an Enterprise License, the following additional terms apply:

Separate Enterprise Agreement: The Enterprise (your employer or the organization providing you access) will have a separate written agreement with the Company governing the Enterprise’s subscription or license to use the App’s services for multiple users. That agreement may include terms regarding fees, number of users, service levels, and other enterprise-specific obligations. In the event of any conflict between these Terms and the Enterprise’s agreement with us, the enterprise agreement will prevail to the extent of the conflict (provided, however, that nothing in the enterprise agreement shall diminish our intellectual property rights or your obligations regarding acceptable use and compliance with laws as stated in these Terms).
Authorized Users: As an Authorized User under an Enterprise License, you are granted permission to use the App on behalf of or for the benefit of the Enterprise, in accordance with these Terms and the Enterprise’s agreement. You must still abide by all the provisions of these Terms. The Enterprise is responsible for ensuring that all its Authorized Users are aware of and comply with these Terms. Any violation of these Terms by an Authorized User may result in suspension or termination of that user’s access, and potentially the Enterprise’s account, in addition to any remedies under the enterprise agreement.
Scope of Use: Enterprise Authorized Users may use the App and its content solely for internal business purposes of the Enterprise. The license for Enterprise use is limited to the Enterprise’s internal operations – for example, employees may use the App for internal analysis, training, or assessment as permitted, but Enterprise users may not redistribute, publish, or externally commercialize the App’s content or results without separate permission. (The ability to generate and print reports, as described elsewhere in these Terms, is permitted for internal use.)
User Accounts: Enterprise access might involve creation of user accounts or use of single sign-on provided by the Enterprise. You are responsible for keeping your login credentials secure and using only the account authorized for you. You must not share your account or allow any unauthorized person to use the App through your credentials. If you leave the Enterprise or are no longer authorized, your right to use the App under the Enterprise License will end, and you must stop using any enterprise-provided access (though you may continue to use the free version of the App under a personal account, if applicable).
Enterprise Liability: The Enterprise may be held liable for misuse of the App by its Authorized Users. Likewise, you, as an individual user, could be personally liable for any illegal acts or violations of these Terms you commit using the App, even if using it through an Enterprise account. Both the Enterprise and individual users agree to indemnify the Company for violations as described in the “Indemnification” section of these Terms.
Support and Maintenance: If you access the App under an Enterprise License, you may receive dedicated support or custom services as per the enterprise agreement. In general, technical support for enterprise users will be coordinated through the Enterprise’s account administrators or through the channels provided in the enterprise agreement.

If an organization is interested in an Enterprise License for the App, please contact us at support@thecircularleader.app for further information. Provisions of these Terms that by their nature should survive termination (such as intellectual property protections, warranty disclaimers, etc.) will remain in effect even if an Enterprise License or agreement terminates.

Intellectual Property Rights

Ownership of App Content: The App and all content, information, and materials within it (collectively, “App Content”) are owned by us or licensed to us, and are protected by Canadian and international intellectual property laws (including copyright, trademark, trade dress, patent, and trade secret laws). We retain all rights, title, and interest in and to the App and App Content. This includes, but is not limited to:

All text and educational material in the App – for example, the questions, answers, explanations, reference guides, and any other written content provided for your information or guidance.
Data representations and charts – including all charts, graphs, tables, reports, and visual presentations of data or results that the App generates. The particular selection, arrangement, and expression of data in these forms are part of our content. (For clarity: even if certain underlying data input comes from you or public sources, the way the App processes, arranges, and displays that data is our proprietary expression.)
The App’s design and look-and-feel – including the design layout, color scheme, graphical interface, user interface elements, navigation structure, and overall aesthetic impression of the App. The coordination, selection, and arrangement of the App’s user interface elements are unique to our App and protected as our trade dress and/or copyrighted work.
Software and functionality: The underlying software code, algorithms, processes, and functionality that operate the App (including any proprietary logic that generates results or insights from user inputs) are our confidential and proprietary assets. You are not given any ownership or rights to the source code or software architecture.
Trademarks and Branding: All trademarks, logos, service marks, product names, and brand names used in or displayed by the App are the property of Company or its licensors. This includes the name of the App, the Company’s name and logo, and any other branding elements. These marks are protected by law, and no license or right to use them is granted to you as a user. You may not remove, alter, or obscure any trademark, logo, copyright notice, or other proprietary notices on the App or contained within the App Content.

License to App Content: You are granted a limited license to access and use the App Content solely through the App, for purposes consistent with the App’s intended use, and in accordance with these Terms. This allows you, for example, to view the content on your screen, input your data to get results, and print or export reports for your personal use or internal business use (using the App’s provided functionality for generating a report). This license is for personal or internal use only and does not transfer any ownership of the App Content to you.

Prohibited Uses of Content: Except as explicitly permitted by these Terms (or as enabled by a feature of the App): you may NOT copy, reproduce, redistribute, republish, upload, post, transmit, or modify any App Content or any portion of the App. For example, you must not:

Copy or Share Content Externally: You may not take the questions, text, or any content from the App and publish or share them outside the App (such as on websites, forums, or other apps) without our prior written permission. This includes no public posting of our questions or reference materials, and no use of our charts or reports in publicly distributed documents or presentations, except with our consent.
Create Derivative Works: You may not create derivative works based on the App or App Content. This means you cannot use our content or intellectual property to develop or inform your own competing or related product/service, nor translate, adapt, or otherwise build upon our content for any purpose (other than your own personal educational use of information the App provides to you).
Commercial Use or Exploitation: You may not commercially exploit the App or App Content. This includes selling, renting, or licensing access to the App or any content; using the App Content in advertisements or marketing of another product; or using the output of the App (reports, scores, etc.) in a commercial manner outside of authorized enterprise internal use. (Enterprises with valid licenses can use App output internally, but cannot resell or externally publish our content or data without permission.)
Reverse Engineering: You may not reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the App, nor assist or facilitate others to do so. Our software and methods are proprietary.
Remove Notices or Legends: You must not remove, bypass, or obscure any copyright, trademark, or other proprietary rights notices (or any digital watermarks or protections) on the App or within any App Content. For example, if a printed report generated by the App includes a copyright notice or logo, you must not remove it if you share the report with others internally.
Third-Party Rights: You will not use the App or content in a manner that infringes any third party’s intellectual property rights. (While our content is original, if you incorporate any third-party material in your use of the App, you must have rights to do so.)

Permitted Personal Use (Reports): The App may allow you to export or print a report (for instance, a PDF or hardcopy summarizing your results or data analysis from the App). You are permitted to use, copy, and distribute such reports only for your own personal use (if you are an individual consumer) or for internal business purposes (if you are using under an Enterprise License). For example, you may print a report for your own records, share it with your team internally, or save a PDF for reference. However, you may not publish such reports publicly or share them outside of your personal or internal organizational context without our consent. These reports may contain App Content (like charts or explanatory text), so any external distribution is considered a distribution of our content and is not allowed. If you share reports internally, do not remove or alter any disclaimers or proprietary notices on them.

Intellectual Property Protection: You acknowledge that the App Content is valuable commercial intellectual property. Unauthorized use of the App or App Content may violate copyright laws, trademark laws, patent laws, trade secret laws, and other regulations. We reserve the right to enforce our intellectual property rights to the fullest extent of the law, including by revoking your license to use the App (terminating your access) and taking legal action if you violate these provisions. Using the App does not give you ownership of any intellectual property rights in the App or content you access. If you wish to use any of our content in a manner not permitted by these Terms, you must obtain prior written permission from us.

Acceptable Use and User Obligations

We expect users to use the App in a lawful and respectful manner. By using the App, you agree NOT to engage in any of the following prohibited activities:

No Illegal Use: Do not use the App for any unlawful, fraudulent, or malicious purpose, or in any manner that violates applicable local, provincial, state, federal, or international laws or regulations.
No Harmful Conduct: Do not use the App in a way that could harm, disable, overburden, or impair the App’s functioning or interfere with any other party’s use of the App. For example, you must not introduce viruses or malware, perform denial-of-service attacks, or use automated scripts to scrape or mass-download content.
No Unauthorized Access: Do not attempt to gain unauthorized access to the App, any of its servers, systems, or networks, or another user’s account or data. This includes not trying to hack, probe, or test the vulnerability of the App’s technical infrastructure, and not circumventing any access control or authentication measures.
No Reverse Engineering: As noted in the IP section, you must not reverse engineer or attempt to extract the source code or underlying algorithms of the App. Similarly, do not use any automated tool or manual process to data-mine, scrape, crawl, or index the App or its content in an unauthorized manner.
No Reproduction of Service: Do not “frame”, “mirror”, or otherwise reproduce or resell any portion of the App or attempt to exploit the App for any commercial purpose not expressly permitted by us. You cannot run a competing service by leveraging access to our App or create a wrapper around our App without permission.
No Misuse of Output: Do not misuse the results or data obtained from the App. For instance, if the App provides analysis or recommendations, you should not represent those outputs as having been endorsed or certified by us for the purpose of misleading others. (Also remember our “No Warranties” disclaimer – you should not rely on outputs inappropriately.)
User Content (if applicable): If at any point the App allows you to input or upload content (such as answering questions, providing data, or other user-generated content), you must ensure that your content does not violate any law or anyone’s rights. You must not submit anything that is defamatory, obscene, harassing, infringing, or otherwise objectionable. (As of now, the App primarily collects your responses to questions and data for analysis, and doesn’t support public posting of content. But to the extent you input data, you are responsible for it being lawful and you having the right to use it.)
No Impersonation or Unauthorized Representations: Do not impersonate any person or entity or misrepresent your affiliation with any person or entity when using the App. Also, you must not imply that your opinions or the outcomes provided by the App are officially endorsed by the Company.
Compliance with App Store Rules: You must comply with all applicable terms of service or usage rules of the platform from which you download the App (e.g., Apple App Store or Google Play Store). For example, if those platforms impose restrictions on usage (such as not using a jailbroken device with the App, or not using the App in violation of device usage policies), you must adhere to those as well.

If you become aware of any unauthorized access to or use of the App (for example, someone hacking the App or someone using your account without permission), you must promptly notify us. We reserve the right to investigate any suspected violations of this Acceptable Use section and may, at our discretion, terminate or suspend your access if you engage in prohibited activities, as further described under “Termination” below. In serious cases, we may also report you to law enforcement authorities if your misuse violates law.

Privacy and Data

Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the App are described in our Privacy Policy, which is available at thecircularleader.app/privacy. By using the App, you acknowledge that you have read the Privacy Policy and understand how we collect and process your data. In summary, and without limiting the terms of our Privacy Policy:

We may collect certain personal information and usage data when you use the App (for example, your account information, responses to questions, and usage analytics). This data is used to provide the service (e.g., generating your results and charts), improve the App, and for other purposes as described in the Privacy Policy.
If you use an Enterprise version of the App, we may share certain data about your usage or results with the Enterprise (your employer/organization) as needed to provide the service to them, in accordance with our agreement with the Enterprise and applicable privacy laws.
We implement reasonable safeguards to protect your data, but no system is 100% secure. Refer to the Privacy Policy for information on our security measures.
By using the App, you consent to the collection and use of information as set forth in the Privacy Policy. If you do not agree with our data practices, please do not use the App.

If you have questions about our data practices, you can contact us at support@thecircularleader.app. The Privacy Policy is incorporated into these Terms by reference. If there is a conflict between the Privacy Policy and these Terms regarding personal data, the Privacy Policy will govern with respect to privacy and data use issues, and these Terms will govern with respect to all other matters.

Publicity

Unless you notify us by email (support@thecircularleader.app), you grant us a worldwide, royalty-free right to use and display your organization’s name and logo for the sole purpose of identifying you as a user of The Circular Leader App on our websites and other marketing or promotional materials. We will use your name and logo in a reasonable, industry-standard manner – for example, as part of a scrolling list of users – and not in any way that suggests you endorse us or the app. This right applies only if you are an organization (such as a company, government, institution, non-profit or partnership) and not an individual consumer. If at any time you prefer that we cease or modify our use of your name or logo, you may opt out or request removal by notifying us, and we will promptly comply with your request. Any goodwill generated by our use of your name and logo will inure to your benefit, and nothing in this Agreement transfers ownership of your trademarks to us.

Disclaimer of Warranties

Use at Your Own Risk: The App and all content and services provided through it are offered on an “AS IS” and “AS AVAILABLE” basis. You agree that your use of the App (and any data, analysis, or content obtained through the App) is at your sole risk. To the maximum extent permitted by law, we disclaim all warranties and conditions, express or implied, regarding the App and its content. This includes, but is not limited to:

No Implied Warranties: We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties arising out of course of dealing or usage of trade. In plain language, we are not promising that the App will meet all of your expectations or that it will be suitable for your specific needs.
No Warranty of Accuracy or Outcomes: We make no warranty or guarantee that the information or results you obtain through the App will be accurate, complete, reliable, or up-to-date. The App may provide data analysis, recommendations, answers, or other output based on the questions and information you input. These outputs are for general informational purposes only. They are not professional advice of any kind, and you should not rely solely on the App’s information to make important decisions. For example, if the App provides team-related data or scores, it is not a substitute for professional leadership or management advice; always seek a qualified professional’s guidance for serious matters. We do not warrant that following any recommendations or insights from the App will achieve any particular result.
No Warranty of Availability: We do not guarantee that the App (or any content or features) will be available at all times, or at any particular time. The App may be temporarily unavailable due to maintenance, technical issues, or for other reasons. We do not guarantee that any connectivity or data transmissions will be secure or error-free.
No Warranty of Error-Free Operation: While we strive to maintain a high-quality service, we do not warrant that the App will be uninterrupted, secure, or free of bugs, errors, viruses, or other harmful components. Any content downloaded or otherwise obtained through the use of the App is at your own discretion and risk; you will be solely responsible for any damage to your device or loss of data that results.
Provided “AS IS”: We make no warranties that the App or content will meet your requirements or expectations, or that any defects or errors will be corrected. We provide no commitment that the data and reports generated are “correct” or “validated.” They are generated by our algorithms based on the inputs and information available, which may have limitations.
Third-Party Services: The App might rely on or incorporate third-party services or content (for example, a third-party data source, or authentication service, or cloud storage). We make no warranties regarding third-party services, and we are not responsible for their acts or omissions. Your use of third-party services may be subject to those third parties’ terms and privacy policies.

No Other Warranties: Except as expressly set forth in these Terms, no oral or written information or advice provided by us (or by any agent or representative of ours) shall create any warranty. We do not authorize anyone to make warranties on our behalf.

Jurisdictional Note: Some jurisdictions (for example, certain provinces or states) do not allow the exclusion of certain warranties or conditions. If such laws apply to you, some of the above disclaimers may not fully apply to you. In that event, our warranties are limited to the minimum extent required by applicable law. For example, under British Columbia law, you may have certain statutory rights (e.g. under consumer protection legislation) that cannot be waived; nothing in these Terms is intended to restrict those rights if they apply.

Limitation of Liability

Limitation: To the fullest extent permitted by applicable law, the Company and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages, or any other form of non-direct damages, arising out of or in connection with your use of (or inability to use) the App or any App Content, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages. This means that, for example, we will not be liable for:

Loss of profits or revenue, or other economic loss.
Loss of data, business interruption, or corruption of files or information. (It is your responsibility to backup any data you input into the App if you wish to preserve it.)
Device damage or system failure. (You are responsible for ensuring any device you use is compatible with the App and for any damage to your hardware or software from using the App.)
Any claims by third parties (for example, if someone else brings a claim against you related to your use of the App).
Consequences of decisions you make in reliance on information or results provided by the App. (For instance, if the App gives you a certain risk assessment or score and you act on it, and that results in some loss or damage, we are not liable for that.)

In particular, you agree that the Company is not responsible for any harm resulting from your use of data or content from the App. You assume full responsibility for how you choose to use the information provided by the App. If you use the App’s output in any way (for example, in making personal decisions, business or financial or human resource planning, health or wellness actions, etc.), you do so at your own risk and we will not be liable for the outcomes. We encourage you to use good judgment and, when appropriate, consult professionals or additional sources of information.

Cap on Liability: To the extent that any liability is not legally excludable, the total cumulative liability of the Company and its affiliates to you for all claims arising out of or relating to these Terms or the App will not exceed the greater of: (a) the total amount (if any) you paid to us for the specific service or feature of the App in the past 6 months, or (b) $100 CAD. If you have paid nothing (e.g., if you have only used the free version and made no in-app purchases), our total liability to you for any possible damages shall not exceed $100 Canadian dollars. This limitation applies to all causes of action in the aggregate (not per claim).

Exceptions: Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law. For example, in certain jurisdictions we cannot exclude liability for death or personal injury caused by our negligence, or for our fraud or fraudulent misrepresentation. Likewise, the limitations above are subject to any non-waivable rights you might have under applicable law. However, to the extent the following liabilities can be legally limited, we will not be liable for any damages beyond what is lawfully permitted.

Reliance and Essential Purpose: You acknowledge that we are offering the App and setting the fees (if any) for in-app purchases in reliance on the warranty disclaimers and liability limitations set forth in these Terms. These provisions form an essential basis of the bargain between you and us. In jurisdictions where limitation of liability for incidental or consequential damages is not allowed, the above limitation may not apply to you, and in such cases, our liability will be limited to the maximum extent permitted by law.

Your Sole Remedy: Your sole and exclusive remedy for dissatisfaction with the App or any of its services or content is to stop using the App. If you have paid for a subscription or service that you are unhappy with, you may also cancel that service (per its cancellation terms), but to the extent permitted by law we do not provide monetary refunds except as stated in these Terms or required by the app store or law.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, contractors, agents and representatives (the “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, damages, costs or expenses (including reasonable lawyers’ fees) arising out of or related to: (a) your use or misuse of the App or App Content; (b) your breach or alleged breach of these Terms; (c) any content or data you provide to the App (to the extent such content violates any law or infringes any third-party rights); or (d) your violation of any law or regulation in connection with your use of the App.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of the Company. This indemnification obligation will survive any termination of your use of the App or these Terms. It means that if a third party (or government authority) sues or fines us because of something you did in violation of these Terms or the law, you will cover our costs and liabilities to the extent permitted by law.

For example, if you were to copy content from the App and publish it on your website in violation of these Terms, and someone then sues the Company for copyright infringement or any other related claim, you may be responsible for those damages or costs. Similarly, if you misuse the App to commit an unlawful act, and that results in a claim against us, you would be expected to defend and indemnify us.

Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by discontinuing all use of the App and uninstalling it from your devices. If you wish to delete a user account (if one exists) or cease use, you can contact us for assistance in deleting your data as per our Privacy Policy.

We may terminate or suspend your access to the App (including any user account) at any time, with or without cause or notice, for any reason including but not limited to: your breach of these Terms, your misuse of the App, requests by law enforcement or other government agencies, discontinuation or material modification of the App, or unexpected technical or security issues. We will not be liable to you or any third party for termination of your access to the App under these circumstances.

If we terminate your access due to a breach of these Terms or unlawful conduct, we reserve the right to refuse your attempt to re-register or use the App in the future, either under the same name or a fake name.

Upon any termination of these Terms (whether by you or us): (i) the license granted to you will immediately cease, and you must stop using the App; (ii) you must delete or remove the App from your devices (and destroy any remaining copies you might have, if any); (iii) any rights and obligations which by their nature should survive termination (such as our intellectual property rights, the disclaimers of warranties, limitations of liability, and your indemnification obligations) will continue to survive.

If you are an Enterprise user, termination may also be governed by the Enterprise’s agreement with us. For instance, if the Enterprise’s subscription ends, Authorized Users’ access may end as well. We may also terminate individual Authorized User access at the direction of the Enterprise (e.g., if you leave the company or violate their internal policies).

Where possible (and not involving misconduct), we will try to give advance notice of termination or suspension, but we are not obligated to do so. After termination, we have no obligation to retain or provide you with any data you have uploaded or generated in the App, except as required by law. We recommend that you print or save any reports or data you might need before terminating your account or if you sense an impending discontinuation of service.

Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute or claim arising out of or in connection with the App or these Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any conflict of laws principles that would cause the laws of a different jurisdiction to apply. If you reside outside of Canada, you understand and agree that Canadian laws (as specified above) will apply to your use of the App and these Terms.

Jurisdiction: You agree that any dispute arising from or related to these Terms or the App will be subject to the exclusive jurisdiction and venue of the courts of the Province of British Columbia. Specifically, unless otherwise required by law, any legal proceeding must be brought in the courts located in British Columbia, Canada, and each party irrevocably submits to the jurisdiction of such courts. You agree to waive any objections based on inconvenient forum (forum non conveniens) or any similar doctrine.

Consumer Rights Notice: If you are using the App as a consumer (for personal, non-business use), you may have rights under the laws of your jurisdiction that give you the right to bring or defend claims in your local courts or under your local law. Nothing in this “Governing Law and Dispute Resolution” section is meant to limit any rights you might have that cannot legally be waived, such as any rights you have under British Columbia’s consumer protection statutes. However, by agreeing to these Terms, we both acknowledge that we desire to have a uniform set of rules and forum for disputes related to the App to the extent permissible.

Injunctive Relief: Notwithstanding the above, you agree that the Company may seek injunctive or equitable relief in any jurisdiction if necessary to protect its intellectual property or confidential information (for example, to stop someone from illegally distributing our App or proprietary content).

General Provisions

Entire Agreement: These Terms (along with any additional policies or terms referenced herein, such as our Privacy Policy and any applicable enterprise agreement or app store terms) constitute the entire agreement between you and the Company regarding the App. They supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the App. You acknowledge that you have not relied on any representation, warranty, or statement that is not expressly set out in these Terms.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In other words, the invalid part will be deemed severed, but the rest of these Terms remain binding and enforceable.
No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. Similarly, a waiver of one breach or default by you does not constitute a waiver of any subsequent breach or default. All waivers must be in writing to be effective.
Assignment: You may not assign or transfer these Terms (or any rights or obligations herein) without our prior written consent. Any attempted assignment in violation of this provision is null and void. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties and their permitted successors and assigns.
Third-Party Beneficiaries: These Terms are between you and us. Except for the Indemnified Parties (who are expressly protected by the Indemnification section), there are no third-party beneficiaries to these Terms. Your agreements and obligations hereunder do not create rights for any other person or entity.
Language: These Terms have been drawn up in the English language at the express wish of the parties. Les présentes conditions générales ont été rédigées en anglais à la demande expresse des parties. (If we provide a translation of these Terms into another language, it is for convenience only. The English version will prevail in case of conflict or ambiguity between the English text and any translated text.)
Headings: Section titles and headings in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of any provision.
Contact Information: If you have any questions, concerns, or feedback about these Terms or the App, or if you need to provide any notice under these Terms, please contact us at:
The Circular Leader Company
Attn: Legal Department (Terms of Service)
Email: support@thecircularleader.app
We will endeavor to respond to any notice or inquiry within a reasonable timeframe.

Thank you for reading and accepting these Terms. By using our App, you acknowledge that you understand your rights and obligations and agree to act in accordance with these Terms. We appreciate your trust in The Circular Leader App and are committed to providing you with a valuable service while protecting our rights and yours. Enjoy using the App!