Terms of Service
Last Updated: August 9, 2026
Zachary Chen ("Circa," "we," "our," or "us") welcomes you. We invite you to access and use our website at https://trycirca.org and our mobile application, and any services, features, and functionality made available through them (collectively, the "Services"), subject to these terms and conditions (the "Terms of Service" or "Terms").
Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and by our Privacy Policy, which is incorporated by reference (collectively, the "Agreement"). If you do not agree to any of the terms in this Agreement, do not access or use the Services.
The sections below titled "Binding Arbitration" and "Class Action Waiver" contain a binding arbitration agreement and class action waiver. They affect your legal rights. Please read them.
1. About the Services
Circa is a private place for close friends. The Services allow users to connect and communicate, answer shared prompts, and create, organize, and share memories and other content. Without limiting the foregoing, the Services include (a) prompts, reminders, and suggestion features that help you stay in touch, and (b) tools that let you submit materials you choose, including text, audio recordings, photos, videos, calendar availability, message metadata, and other data, for the purpose of generating, organizing, transcribing, summarizing, or refining content. The Services host and display content created and submitted by users ("User Contributions") and facilitate interaction among members of the Circa community. Certain features incorporate artificial intelligence or machine learning technologies. Circa does not control, endorse, or guarantee the accuracy, completeness, or legality of any User Contributions or any AI-assisted output, and acts solely as a provider of an interactive platform and related tools.
2. Important Information About Use of the Services
Age Restriction. The Services are not intended for or directed to children. You may use the Services only if you are at least 13 years of age or, if higher, the age at which an individual is no longer considered a "child" under the applicable data protection or privacy laws of your jurisdiction (the "Minimum Age"). If you are below the Minimum Age in your jurisdiction, you may not access or use the Services.
AI Interaction Disclosure. Certain features use artificial intelligence to transcribe audio you submit and to generate, summarize, or refine content at your direction. When you use these features, you are interacting with software-driven AI systems rather than a human representative. If you ask whether you are interacting with artificial intelligence, we will accurately disclose that you are. You remain responsible for reviewing and deciding whether, how, and in what form to rely on any AI-assisted content.
3. Accounts
To access certain features you may be required to create an account. You agree to provide accurate, current, and complete information and to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account, and you agree to notify us immediately of any unauthorized use. We are not responsible for any loss arising from your failure to safeguard your credentials. We reserve the right to suspend or terminate your account at any time, in our sole discretion, for any violation of this Agreement or for any other lawful reason.
4. Mobile Application License
We grant you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of the mobile application (the "App") on a mobile device that you own or control and to access and use the App and the Services solely for your personal purposes and in accordance with these Terms. Circa reserves all rights not expressly granted to you.
If you download the App from the Apple App Store ("Apple App"), you may use the Apple App only (i) on an Apple-branded product running iOS, and (ii) as permitted by the Usage Rules in the Apple App Store Terms of Service. Your mobile carrier's standard data, text, and voice charges may apply.
5. User Contributions
User Contributions. The Services allow you to post, submit, publish, display, or transmit content and materials to other users, including text, images, videos, audio recordings, links, comments, and other information. All User Contributions must comply with the Content Standards and Acceptable Use rules in Sections 6 and 7. Any User Contribution you post will be considered non-confidential and non-proprietary.
License Grant. By submitting any User Contribution, you grant Circa and its affiliates, service providers, licensees, successors, and assigns a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, analyze, transcribe, create derivative works from, and otherwise process your User Contributions for any purpose, including operating and improving the Services, displaying User Contributions to the people you choose, and developing, training, evaluating, and improving artificial intelligence and machine learning technologies, whether our own or those of our service providers and technology partners. You acknowledge and agree that insights, learnings, and improvements derived from your User Contributions may become embedded in models in a manner that cannot practicably be separated or removed. Circa retains a perpetual, irrevocable, royalty-free, sublicensable license to all such derived insights, learnings, and improvements, and to any aggregated or de-identified data, even after deletion of your User Contributions or termination of your account. You represent and warrant that you own or control all rights necessary to grant this license.
Data Restrictions. You agree not to submit any User Contribution that contains (i) the personal information, image, likeness, voice, or other identifying information of any third party unless you have obtained all necessary rights, consents, permissions, and authorizations from that person to submit such content and to grant Circa the rights in this Section; or (ii) protected health information subject to HIPAA, financial data subject to GLBA, educational records subject to FERPA, or other data subject to industry-specific regulatory requirements ("Regulated Data"), unless expressly authorized by a separate written agreement with Circa. Circa has no obligation to verify your compliance with this Section and assumes no responsibility for your failure to obtain required consents. Any violation of this Section is a material breach of this Agreement, and Circa disclaims obligations arising under regulatory frameworks with respect to data submitted in violation of it. Without limiting the foregoing, you are solely responsible for obtaining all legally required consent from all participants before recording, uploading, or sharing any audio or video content, including compliance with applicable wiretapping, eavesdropping, and recording laws.
Moderation and Enforcement. We may, but are not obligated to, monitor, edit, or remove any User Contributions at any time, in our sole discretion, without notice. We may disclose your identity or other information to any third party who claims that your User Contribution violates their rights, and may cooperate with law enforcement or court orders. You waive and hold harmless Circa from any claims resulting from action taken by Circa during or as a consequence of such investigations.
6. Content Standards
User Contributions must comply with all applicable federal, state, local, and international laws. User Contributions must not: contain material that is defamatory, obscene, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; infringe any patent, trademark, trade secret, copyright, or other intellectual property or other right; violate the legal rights of others, including rights of publicity and privacy; be likely to deceive any person; promote or assist any unlawful act; impersonate any person or misrepresent your identity or affiliation; contain unsolicited advertising, spam, or commercial solicitations; give the false impression that they emanate from or are endorsed by Circa; or contain the personal information, image, likeness, or voice of any third party without their consent.
7. Acceptable Use
By accessing or using the Services, you agree that you will not: use the Services for any unlawful purpose; collect market research for a competing business; impersonate any person or entity or misrepresent your affiliation; decompile, reverse engineer, or disassemble any software or process accessible through the Services; interfere with any safety features; circumvent, remove, alter, deactivate, degrade, or thwart any protections on the Services; use any robot, spider, scraper, crawler, or other automated means to access the Services without our prior written permission; impose an unreasonable or disproportionately large load on our infrastructure; interfere with the proper operation of the Services through any virus, information-collection mechanism, or attempt to gain unauthorized access to data, files, or credentials; or violate the data restrictions in Section 5.
We reserve the right, in our sole and absolute discretion, to deny you or any device access to the Services, or any portion of them, without notice.
8. Copyright Infringement
If you believe any User Contribution violates your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing our designated Copyright Agent with: (i) a physical or electronic signature of the copyright owner or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the material claimed to be infringing and its location on the Services; (iv) your contact information; (v) a statement that you have a good faith belief the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the owner.
Our designated Copyright Agent can be reached at: team@trycirca.org
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, Circa has adopted a policy of terminating, in appropriate circumstances and at Circa's sole discretion, the accounts of users deemed to be repeat infringers.
9. Feedback
We welcome your feedback, comments, and suggestions ("Feedback"), but you should not submit content containing confidential or proprietary information. By submitting Feedback, you irrevocably assign to Circa all right, title, and interest in and to it. To the extent any rights cannot be assigned, you grant Circa a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and otherwise exploit such Feedback for any purpose, without compensation or attribution to you.
10. Intellectual Property
Ownership. The Services, including all software, features, functionality, algorithms, models, text, graphics, and other proprietary technology, are owned by Circa or its licensors and protected by intellectual property and other laws. Except for the limited rights expressly granted in these Terms, no rights, title, or interest in or to the Services are transferred to you. Trademarks, service marks, and logos displayed on the Services are the property of Circa or their respective owners.
Restrictions. You may not (i) copy, modify, or create derivative works of the Services; (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services; or (iv) make the Services available to multiple users except as expressly permitted by Circa.
11. External Sites
The Services may contain links to third-party websites ("External Sites"), provided solely as a convenience and not as an endorsement. We are not responsible for the content or accuracy of any External Sites. If you access them, you do so at your own risk.
12. Additional App Store Terms
The following terms apply to any version of the Apple App and are in addition to all other terms in these Terms of Service:
- These Terms are concluded between you and Circa only, and not Apple. Circa, not Apple, is solely responsible for the Apple App and its content.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
- In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Apple App.
- Apple is not responsible for addressing any claims relating to the Apple App or your possession and use of it, including product liability, regulatory compliance, and consumer protection or privacy claims.
- In the event of any third-party intellectual property infringement claim, Circa, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as related to your license of the Apple App.
13. No Warranties; Limitation of Liability
The Services and all content are provided on an "as is" and "as available" basis. Circa disclaims any and all express, implied, or statutory warranties, including warranties of non-infringement, merchantability, fitness for a particular purpose, availability, and error-free or uninterrupted operation, and any warranties arising from a course of dealing, course of performance, or usage of trade.
To the fullest extent permitted by applicable law: (i) Circa shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including lost profits, lost data, or business interruption; (ii) Circa shall not be liable for any User Contributions posted by any user or for any loss resulting from your reliance on them; (iii) Circa shall not be liable for any output from AI features or for any decision you take based on it; and (iv) any direct damages you may suffer as a result of your use of the Services shall not exceed one hundred dollars ($100).
AI features may produce inaccurate output and do not constitute legal, medical, financial, or other professional advice. Circa has no obligation to monitor, verify, or correct User Contributions or AI-generated output. You assume all risks associated with your use of AI features. Your sole and exclusive remedy for any dissatisfaction with the Services is to stop using them.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of damages, so some of the above may not apply to you. Nothing in this Agreement excludes or limits liability for fraud, personal injury, or any liability that cannot be excluded under applicable law.
Features designated as "beta," "preview," "experimental," or similar ("Experimental Features") are provided as-is without warranty, and Circa shall have no liability arising from your use of them. We may modify or discontinue Experimental Features at any time without notice.
14. Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any cause of action or claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise it is permanently barred.
15. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold Circa and its shareholders, members, officers, directors, employees, agents, and representatives harmless from and against any damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, incurred in connection with a third-party claim arising from (i) your breach of this Agreement; (ii) your misuse, infringement, or misappropriation of the Services; (iii) your User Contributions or use of the Services; (iv) your violation of any third party's rights; (v) your impersonation of any person or entity; (vi) your failure to obtain required consents from any third party; (vii) your submission of Regulated Data in violation of this Agreement; (viii) your recording, uploading, or sharing of any audio or video content without legally required consent; and/or (ix) your violation of any applicable law in connection with your use of the Services.
16. Binding Arbitration
To the fullest extent permitted by applicable law, in the event of a dispute arising under or relating to this Agreement or the Services (each, a "Dispute"), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act. Neither party shall have the right to litigate such claim in court or to have a jury trial, except that either party may bring its claim in its local small claims court if permitted by applicable rules and within that court's jurisdiction. All Disputes will be resolved before a neutral arbitrator whose decision shall be final and binding. The arbitration shall be commenced and conducted by JAMS pursuant to its then-current Comprehensive Arbitration Rules and Procedures. Each party will be responsible for paying fees as required by applicable JAMS rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside.
17. Class Action Waiver
To the fullest extent permitted by applicable law, you agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. No arbitration or proceeding shall be joined with any other; there is no right or authority for any Dispute to be arbitrated on a class action basis or to use class action procedures; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You may bring claims against us only in your individual capacity.
18. Equitable Relief
You acknowledge that in the event of a breach or threatened violation of our intellectual property rights or confidential and proprietary information, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies, seek from a court of competent jurisdiction any interim, equitable, provisional, or injunctive relief necessary to protect our rights and property pending the outcome of arbitration. You irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts in the Commonwealth of Massachusetts for purposes of any such action.
19. Controlling Law; Exclusive Forum
This Agreement and any action related to it will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. For disputes not subject to binding arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Massachusetts.
20. Termination
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and/or your access to all or any part of the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. You may terminate this Agreement at any time by discontinuing your use of the Services and, if applicable, closing your account.
Upon termination for any reason: (i) all rights and licenses granted to you will immediately terminate and you must cease all use of the Services; (ii) any accrued payment obligations remain due; and (iii) your User Contributions will continue to be retained and processed in accordance with our Privacy Policy and applicable law, including the surviving license and retention provisions of Section 5.
21. Compliance with Applicable Laws
We make no representation that the Services are appropriate or available for use in any particular jurisdiction. You are responsible for complying with applicable laws in connection with your access to and use of the Services.
22. Miscellaneous
If any provision of this Agreement is held invalid, illegal, or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. You may not assign any of your rights, duties, or obligations under these Terms without our written consent. Our failure to act on or enforce any provision shall not be construed as a waiver. This Agreement constitutes the entire agreement between you and us with respect to its subject matter.
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, governmental actions, labor disputes, internet or telecommunications failures, power outages, or other force majeure events.
23. Changes to the Services and Terms
We may modify, suspend, or discontinue the Services, or update this Agreement, at any time in our sole discretion. If we update the Agreement, we will post the updated version here. Your continued use of the Services after the updated Agreement becomes available constitutes your acceptance of the changes.
24. Contact Us
Questions about these Terms, or to terminate your account: team@trycirca.org