Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("you", "your", or "Customer") and CircleDiary, Inc. ("CircleDiary", "we", "our", or "us") and govern your access to and use of the CircleDiary website, applications, APIs, and related services (collectively, the "Service").

By creating an account, clicking "I agree", or using the Service, you confirm that you have read, understood, and accepted these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

CircleDiary is an AI-powered social media operating system that helps individuals and teams:

• Generate copy, captions, hashtags, and imagery using large language and image models.
• Plan, schedule, and publish content across connected social networks.
• Collaborate on calendars, approvals, and brand guidelines.
• Measure performance with cross-channel analytics and reporting.

Features, limits, and integrations vary by plan and may change as the Service evolves. We will give reasonable notice before removing materially significant functionality.

Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction) to use the Service. The Service is not available to anyone previously suspended by CircleDiary.

Account Security

• Provide accurate, current, and complete information.
• Keep your password and API keys confidential — we recommend enabling two-factor authentication.
• Notify us immediately at security@circlediary.com of any unauthorized access.
• You are responsible for all activity that occurs under your account or workspace.

Workspaces & Roles

Workspace administrators control member roles, billing, and connected accounts. Administrators may access content created by other members of their workspace.

When you connect a third-party network to the Service you:

• Grant CircleDiary the scopes needed to read, draft, schedule, and publish content on your behalf.
• Remain solely responsible for the content you publish and for compliance with each platform's terms (e.g. Meta, X, LinkedIn, TikTok, YouTube, Pinterest).
• Acknowledge that platforms may rate-limit, reject, throttle, or remove content for reasons outside our control.
• May disconnect any network at any time, which revokes our access tokens for that account.

The Service uses third-party and proprietary AI models to assist with content generation. You acknowledge that:

• AI output may be inaccurate, incomplete, biased, offensive, or duplicative of other outputs.
• You are responsible for reviewing, editing, and fact-checking output before publishing.
• Subject to applicable law and the rights of the underlying model providers, you own the input you provide and the output you publish. To the extent any rights vest in us, we assign them to you.
• You must not use AI features to generate content that is illegal, infringing, defamatory, sexually explicit involving minors, designed to deceive, or otherwise prohibited by our Acceptable Use rules below.
• We do not train foundation models on your prompts or content for use with other customers.

You agree not to, and not to allow anyone else to, use the Service to:

• Violate any law, regulation, or third-party right (including intellectual property and privacy rights).
• Publish spam, malware, phishing links, or deceptive, harassing, hateful, or violent content.
• Generate or distribute disinformation, deepfakes intended to deceive, or content that impersonates real people without authorization.
• Attempt to reverse-engineer, decompile, or extract source code from the Service, except where allowed by law.
• Probe, scan, or test the vulnerability of any CircleDiary system without prior written consent.
• Resell, sublicense, or white-label the Service without a separate written agreement.
• Exceed documented API rate limits, scrape the Service, or interfere with other customers' use.

We may suspend or terminate accounts that violate these rules, with or without notice when required to protect the Service or other users.

Plans & Billing

Paid plans are billed in advance on a monthly or annual cycle in the currency shown at checkout. You authorize us and our payment processor to charge your payment method for all fees, taxes, and overage charges. Prices exclude applicable taxes unless stated.

Free Trials

Trials convert to paid subscriptions at the end of the trial unless cancelled beforehand. We will send a reminder before conversion.

Renewals & Price Changes

Subscriptions renew automatically for the same term. We will notify you at least 30 days before any price increase takes effect on your renewal.

Refunds

Monthly plans are non-refundable. Annual plans may be refunded on a pro-rata basis within 14 days of initial purchase. Refund requests can be sent to billing@circlediary.com.

Cancellation

You can cancel any time from Settings → Billing. Cancellation stops future renewals and takes effect at the end of the current billing period; you keep access until then.

The Service, including its software, design, trademarks, and documentation, is owned by CircleDiary and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.

You retain all rights in the content you upload or generate ("Customer Content"). You grant CircleDiary a worldwide, royalty-free license to host, process, transmit, and display Customer Content solely to provide and improve the Service.

The Service integrates with third-party platforms (social networks, payment processors, AI providers, analytics tools). Your use of those services is governed by their own terms and privacy policies. CircleDiary is not responsible for outages, policy changes, or actions taken by third parties, including suspension of your accounts on their platforms.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CIRCLEDIARY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION ARISING OUT OF OR RELATED TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

You agree to defend, indemnify, and hold harmless CircleDiary, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of your Customer Content, your use of the Service, or your violation of these Terms or applicable law.

You may stop using the Service at any time by closing your account. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Service in a way that creates legal or security risk for us, our users, or third parties.

On termination, your right to use the Service ends. Sections that by their nature should survive — including IP, disclaimers, liability limits, indemnification, and dispute resolution — will survive. You may export your Customer Content for up to 30 days after termination.

We may update these Terms to reflect changes in the Service or applicable law. Material changes will be announced in-app and by email at least 14 days before they take effect. Continuing to use the Service after the effective date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in San Francisco County, California, and you and CircleDiary consent to personal jurisdiction there.

Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

Questions about these Terms? Reach our legal team:

• Email: legal@circlediary.com
• Mail: CircleDiary, Inc. — Attn: Legal, 123 AI Street, San Francisco, CA 94105, USA