SmallCircle Terms of Use

The Terms of Use were last updated on 2021-Nov-17.

SmallCircle End-User, Business & Partners

SmallCircle was created for everyone who appreciates engaging in comfortable day-to-day interactions with contacts such as, but not limited to, friends and family (hereinafter, Users), local businesses and brands (hereinafter, Business Channels), and make use of or offer local business and brand services such as 1:1 Client/Clerk services, loyalty programs, and tailored services (hereinafter Business Services, collectively included in Business Channels) without compromising Users' privacy.

We highly appreciate our Users’ and Business Channels needs and care about their experience with us. The privacy and security of our Users and Business Channels are of the highest importance for us, hence the creation of these Terms of Use (hereinafter, the Terms), which contain the rights and obligations between us and you when you use our website, iOS or Android application and their services (hereinafter, the Platform, Services or simply SmallCircle).

Please note that you agree to the Terms of Use from the moment you start using our Platform and Services. You also agree to our Privacy Policy. Additionally, you agree to abide by any other conditions as stipulated or referred to on our website or application when using our Platform.

The Terms may be amended from time to time. In such cases, we’ll inform you regarding these changes, either by notifying you on the Platform or by sending you an email. Continuation of the use of SmallCircle after a change in these Terms indicates your acceptance of the new terms.

 

The Services may be used for personal and commercial purposes.

Any type of bot is prohibited on our Platform and will in no case be considered to be beneficiaries of the Services.

 

Using SmallCircle for personal purposes includes features, but not limited to, making interactions as Users with other Users and Business Channels in the form of, but not limited to, making voice calls, video calls, sending text and non-text messages (including but not limited to documents, images and videos) and recorded voice messages. The Services for personal purposes are available only on our iOS and Android Application and may be made available in the future through other portals such as desktop browsers.

Using SmallCircle for commercial purposes includes features, not limited to creation of Business Channels to offer offline services in the form of Business Services to prospective and existing clients who are Users of SmallCircle and joined Business Channels (hereinafter Channel Clients), such as but not limited to the offer of standardized loyalty programs with various customization options, communications, custom links out of platform e.g. to business web store, on-board business clerks to offer communication not limited to promotions to Channel Clients, as well as collect Channel Client interests and personal information subject to Channel Client consent for the sharing of such information.

1. Creating an account

You can browse the SmallCircle website without registering an account, but you are required to register an account to access and use certain features of the Services.

Business Channels can register on our website. Users’ accounts are registered through our Android or iOS Application. To register a business channel, provision of legal entity related information for security, verification and identification purposes, mobile phone number and to set a password is required. You will also need to verify your account by submitting an OTP-code sent to your listed mobile phone number.

Users can download and install our application through the iOS official App Store or through the official Android Play Store, and register an account by using their mobile phone number followed by an OTP-code to verify their account. If you choose to join Business Channels and make use of Business Services, you agree to provide only true, current and complete information about yourself. If the above-mentioned account creation rules are not adhered to, we will delete your account immediately and without notice.

You are responsible for all the activity on your account, and for keeping your password or mobile phone access secure and confidential. If your account has been used without your permission, you can report it to hello@joinsmallcircle.com.

To create an account as a Business Channel or User, you must be of age to form a binding contract according to the legislation of the country where you live.

2. Communicating with other people and businesses

Please note that:

1) SmallCircle does not offer any loyalty programs or rewards that are accessed by joining Business Channels on SmallCircle. SmallCircle does not make the decision of who provides these loyalty programs or rewards.

2) Any loyalty programs and rewards made available by Business Channels are offered directly by those businesses or legal entities. As such, SmallCircle is not responsible for them, does not guarantee them, and acts only as a platform to connect the business with its customers.

3) SmallCircle is not responsible for enforcing the loyalty program related or earned rewards that are offered by the Business Channels and earned by the Clients of those businesses. SmallCircle does not guarantee the stability of those programs and the Platform. Additionally, SmallCircle is not responsible for any loss that Business Channels or Users may incur while using the Platform. Services of a personal shopper, loyalty rewards and card provision and any other services provided by Business Channels through the SmallCircle platform are provided following their own policies; SmallCircle is not responsible for them.

All the communications made using the Services are encrypted. We deliver your message and delete it from our server. We do not analyze your personal messages or messaging behavior.

All the communications made using the Services are free of charge, however, for business accounts, some fees may apply for certain Services.

3. Notifications

SmallCircle may send you notifications, on your agreement, or if your device settings allows our app to send notifications. We will only send you notifications if you receive new messages, calls, rewards and any of the Services, or if we make amendments to the Terms.

4. Charges of SmallCircle

If any of the Service fees are applicable, you will be notified by a push-up window or by other means on the website, or within the app prior to being charged for such services. We will not collect any fees from you without first giving you the opportunity to review and accept them. If our fees change, we will notify you through our platform.

5. Payments and Refunds

You can write a letter to our support team (hello@joinsmallcircle.com) if you were charged a fee by us on no grounds as specified in the Terms or any other rules on our platform. We will examine the evidence provided by you and will refund you in cases provided for by the legislation of the Netherlands, or if charging you was not stipulated by the Terms and rules placed on our platform.

6. The following activities are not allowed when using our Platform:

There is no tolerance for objectionable content or abusive users. All Users using the Services are required to follow decorum by avoiding the following and otherwise will risk immediate termination of their account and potential legal action:

• • Don’t send abusive or inappropriate messages. Do not send messages that are abusive to other people, contain information about exploitation of and trafficking in children, violence, terrorism or money laundering.
  • Don’t break the law. Do not take any action that violates any person’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Don’t mislead people. Do not post information you recognize as fake, misleading, or inaccurate.
  • Don’t offer prohibited items. Do not offer any rewards that are illegal, violate any of SmallCircle’s policies, rules, or guidelines, or violate any applicable law, statute, or regulation.
  • Don’t victimize anyone. Do not commit any acts that are threatening, abusive, harassing, defamatory, obscene, or invasive of another person’s privacy.
  • Don’t spam. Do not distribute unauthorized advertising or promotions, or any spam or chain letters.
  • Don’t harm anyone’s computer. Do not distribute software viruses, or any other medium (code, films, and/or programs) designed to interfere with the proper function of any software or equipment belonging to SmallCircle or any other party.
  • Don’t abuse other users’ personal information. The use of SmallCircle for your business may include the receipt of information about other users, including names, email addresses, and postal addresses. This information is provided only for the purpose of providing services to your customers and is confidential. It may not be used for any other purpose, and neither may the use thereof be abused.

7. Smallcircle does not partake in any of the following, and are not liable for:

SmallCircle is not responsible for any damages or losses associated with your use of the Services. We do not engage in any disputes between Users, Users and Business Channels, or between Users and any third party concerning the use of SmallCircle. We do not oversee the performance or punctuality of the Business Channels, nor do we endorse any content they submit to our Platform. Once you use SmallCircle, you release SmallCircle from any claims and demands arising out of, or are in any way associated with such disputes. All content and services from third parties accessed through the Platform are at your own risk.

8. Other Websites

SmallCircle may contain links to other websites. These may include business pages and their reviews that link to other sites etc. The use of these and any other links as well as access to third-party websites are done entirely at your own risk.  We do not control, nor do we endorse these sites.

9. Your Intellectual Property

SmallCircle does not own the content submitted to us. However, certain licenses from you are needed in order to perform our Services. When you submit a business account for a review or launch a loyalty program, you agree to these terms:

• • We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the right to use, commercialize, and exploit the copyright, trademark, and database rights concerning your content.
  • When we use the content on our platform, we are permitted to make changes to the content. Once you use our Services, you grant us the right to edit, translate, modify, reformat or delete any of your content.
  • We are not responsible for any royalties or licensing on your content. It is your responsibility to pay any and all royalties and other fees owed to any person or entity based on your content.
  • You’re responsible for the content you post. All the information submitted to the platform, whether publicly posted or privately transmitted, is the sole responsibility of the business from whose account said content originated.
  • We’re not responsible for mistakes in your content. SmallCircle is not liable for any errors or misprints in any of your content.

10. Termination

We hope your experience with us will be great and you won’t consider terminating our Services. However, if at some point you would like to terminate our Services, you can delete your account at any time through your account settings. Personal accounts will be deleted immediately, while business accounts will be deleted after 90 days. During the 90 days, any coupons, rewards, or cards granted to your customers prior, but not yet used by them, shall remain valid.

11. Our rights

By using the Services, you agree that SmallCircle has the following rights:

• • We have the right to make changes to the Platform or our Services without any notice or liability.
  • We have the right to decide eligibility for use of SmallCircle. Therefore we can cancel accounts that are not eligible. For clarity, please see the eligibility criteria. Our eligibility criteria may be amended from time to time. If our Services are prohibited by the law of the country where you live, your right to use SmallCircle in that jurisdiction is revoked.
  • We have the right at any time to request identity documents for business accounts to exclude the possibility of creating false loyalty programs, coupons, etc. by third parties. Additionally, if a false account has been created using your business name, you can send an e-mail to hello@joinsmallcircle.com informing us of such and attaching your identity document. We will be obliged to cancel that account and any services they have provided. We will not be liable for any actions of third parties.

12. Indemnification

SmallCircle is not liable for any results of any misuse of the Platform by Users and Business Channels, such as spreading illegal, harmful, illicit, unlawful and abusive content or messages etc. If you use the Platform to undertake any activity that causes any legal action towards SmallCircle, or is in contradiction with the Terms and policies of SmallCircle, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of SmallCircle.

At the same time, SmallCircle does not guarantee that the services offered by Business Channels on our Platform are stable and consistent.

13. Limitation of Liability

To the fullest extent permitted by law, in no event will SmallCircle, its directors, employees, partners, suppliers, or content providers be responsible for any indirect, incidental, punitive, consequential, special, or damages of any kind, including but not limited to the damages

• • resulting from your access to, use of, or inability to access or use the Services;
  • for any lost profits, data loss, or cost of products or services; or
  • for any conduct of content of any third party on the platform.

14. Dispute Resolution and Governing Law

We at SmallCircle encourage you to contact us if you have a dispute, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by the laws of the Netherlands. You agree that any claim towards SmallCircle shall be brought only to the courts of the Netherlands.

15. Third-Party Services

The Services may link you to other sites on the Internet and third-party partners that cooperate with us to provide you certain Services. These sites may contain information that some people may find inappropriate or offensive. Please note that these other sites are not under the control of SmallCircle, and we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites and that your use of such sites is subject to their respective terms of use. The inclusion of such a link does not imply endorsement of any site by SmallCircle or any association with its operators.

16. SmallCircle’s Intellectual Property

The Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the platform.

Users may use the platform and its services as intended. However, Users may not in any way claim the Platform, its features, services and content as their own. Additionally, Users may not copy, hack, or infringe the trademark, copyright etc of the Platform to create derivative works. Moreover, should Users wish to exploit content, features and services for commercial purposes, this can only done with written consent from SmallCircle.   

17. How to contact us

The Services on the SmallCircle platform are provided by SmallCircle B.V., RSIN: 862330440, The Netherlands.

18. Final provisions

These Terms and the other material referenced in them are the entire agreement between you and SmallCircle with respect to the Services. They supersede all communications between you and SmallCircle concerning the Services and govern our future relationship. If at some point any provision of the Terms becomes adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. Such events will not affect the validity and enforceability of any remaining provisions. The failure of either you or SmallCircle to exercise any right provided for in these Terms in any way will not be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them or transfer them. SmallCircle has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. We will keep you informed about any changes by notifying you via email, written notice, or conspicuously posting the notice on our platform.

In case you read these terms in any language other than English, you agree that in the event of any discrepancies, the English version shall prevail.

SmallCircle Chat iOS Application

The Apple App Store Terms of Use (EULA) apply to the iOS application of SmallCircle.

SmallCircle Android Application

The Google Play Store Terms of Use (EULA) apply to the Android application of SmallCircle.