Terms of Service

1. Agreement

These Terms of Service (“Terms”) are a contract between you and Mariia Tararova (OIB 17233930874), Primorska 8, 51000 Rijeka, Croatia (“CircleOK”, “we”) governing the CircleOK application, websites, and services (the “Service”). When you first use the app you are shown these Terms and asked to accept them on your own device; that acceptance, together with your continued use, forms this contract. If you do not agree, do not use the Service.

2. Definitions

“Circle” — a private group connecting one or more Caregivers with a Loved One. “Caregiver” — an adult user who receives status updates. “Loved One” — the user whose device shares activity status; the Loved One controls invitations and may pause sharing at any time. “Status” — the automated classification (for example calm / quiet / alert) derived from limited device signals. A Status is an informational aid only; it is not a medical assessment and not a guarantee of anyone’s wellbeing.

3. The Service is not an emergency or medical service

Please read this section carefully. It allocates important risks.

CircleOK is a passive family-reassurance tool. It is not an emergency service, a medical or diagnostic device, a fall-detection system, a monitoring or alarm service, or a substitute for human care, medical advice, or emergency response. In any situation that may involve danger to life or health, call your local emergency number (112 in the EU, 911 in the US) or contact the person directly.

By using the Service, you acknowledge and agree that:

• Statuses depend on factors outside our control — device settings, granted permissions, battery, network coverage, and operating-system background-execution policies set by Apple. Signals can be delayed, inaccurate, or absent entirely.
• A calm status does not mean a person is well; an alert does not mean an emergency exists; the absence of an alert does not mean help is not needed.
• CircleOK passively transmits information; no person reviews signals or statuses, and it does not dispatch or notify any emergency or care services. Nothing in the Service creates a duty of care, a special relationship, or an undertaking by CircleOK to monitor, detect, warn, respond, or rescue.
• Caregivers remain solely responsible for decisions about a Loved One’s care and for verifying any status by direct contact.
• You will not rely on the Service as your sole or primary means of checking on a person’s safety.

4. Eligibility, roles, and consent between family members

You must have reached the age of majority in your jurisdiction (18 in most of Europe, including Croatia) and have legal capacity to contract — this applies to both roles, the family member and the Loved One alike. You agree that you will not install, configure, or use CircleOK on another adult’s device without that person’s informed consent; the Loved One role is designed so that the Loved One personally accepts the consent screen and grants (or declines) each permission on their own device. Using the Service to monitor a person without their knowledge and consent is a material breach of these Terms and may violate law. Each user is responsible for the accuracy of information they provide.

5. Account and security

Keep your device and any recovery credentials secure; you are responsible for activity under your account. Notify us promptly of suspected unauthorized use. We may require verification steps to protect accounts.

6. License and intellectual property

The Service and everything in it — the software, design, text, graphics, illustrations, and the CircleOK name and logo — belong to us or our licensors and are protected by copyright, trademark, and other intellectual-property laws. Your content stays yours (Section 8); everything else stays ours.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the CircleOK app on Apple-branded devices you own or control, for personal, non-commercial use, in accordance with these Terms and the App Store Terms of Service. The software is licensed, not sold. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works of the Service except where the law permits despite this restriction. You may view and print pages of our website for personal, non-commercial use; any other use of our content requires our prior written permission.

7. Acceptable use

You will not: break the law; monitor or track anyone without consent; misuse, publish, or attempt to guess invite codes; probe, disrupt, or overload the Service; access other users’ data without authorization; transmit malware; send false alerts or spam; or circumvent rate limits or security controls. Violation may lead to suspension or termination (Section 12).

8. User content (Moments and profile data)

You may share photos and notes (“Moments”) within a circle. You retain ownership of your content and grant CircleOK a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display it solely to operate the Service (for example, showing a Moment to your circle). You represent that you have the rights to what you share — including the consent of identifiable people in a photo — and that your content is lawful. We may remove content that violates these Terms. We are not obliged to monitor content but may do so to enforce these Terms.

9. Third-party services

The Service relies on third parties (Apple — including HealthKit and push notifications — and Google Firebase). Their services are governed by their own terms; we are not responsible for third-party services, and their availability may affect ours.

10. Beta and test features

Portions of the Service may be provided through Apple TestFlight or marked as beta. Beta features are provided for evaluation, may change or be withdrawn at any time, and may be less reliable than generally released software. The disclaimers in Sections 3, 13, and 14 apply with extra force to beta features.

11. Fees

The Service is currently free of charge. We may introduce optional paid features or subscriptions in the future; if we do, pricing and billing terms will be presented before you pay, purchases will be processed by the App Store, and auto-renewal (if any) will be manageable through your App Store account. Changes to pricing will be notified in advance with an opportunity to cancel.

12. Termination

You may stop using the Service and delete your account at any time in the app. We may suspend or terminate access (or the Service itself) for breach of these Terms, legal reasons, security, or discontinuation, with notice where practicable. Sections that by nature survive termination (including 3, 8’s license to already-shared content within legal limits, 13–16, and 18–20) survive.

13. Disclaimer of warranties

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that statuses will be accurate or delivered, or that notifications will reach any device. For EU/UK consumers: this section does not affect warranties or guarantees that cannot be disclaimed under the mandatory consumer-protection law of your country of residence.

14. Assumption of risk; limitation of liability

You understand the inherent limitations described in Section 3 and accept the risk that the Service may fail to reflect a person’s actual condition or fail to deliver information in time.

To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of data, goodwill, or profits; (b) we are not liable for any harm, injury, loss, or damage arising from reliance on a status, a delayed or undelivered signal or notification, or a decision made or not made based on the Service; and (c) our total aggregate liability arising out of or relating to the Service shall not exceed the greater of the amounts you paid us in the twelve (12) months before the event or one hundred euros (€100).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for damage caused intentionally or by gross negligence, for fraud, or for any liability that may not be excluded under applicable law. Where the law of your habitual residence (for example, Germany) so requires: we are liable without limitation for intent and gross negligence and for injury to life, body, or health; for slight negligence we are liable only for breach of essential contractual obligations — obligations whose fulfilment makes proper performance of this contract possible at all and on which you may reasonably rely — and then only for the foreseeable damage typical of this kind of contract. The limitations in this Section apply only outside these mandatory rules.

15. Indemnification

You will indemnify and hold harmless CircleOK and its officers, employees, and agents from claims, damages, and reasonable costs (including attorneys’ fees) arising from: (a) your breach of these Terms; (b) your content; (c) your use of the Service to monitor a person without consent; or (d) your violation of law or third-party rights. For EU/UK consumers, this clause applies only to the extent the claim arises from your unlawful conduct or breach, and does not shift risks that mandatory law places on us.

16. Governing law and disputes

These Terms are governed by the laws of Croatia, without prejudice to the mandatory consumer-protection law of your country of habitual residence and the jurisdiction of its courts. We are not obliged to and do not participate in alternative dispute resolution before a consumer arbitration board; EU consumers retain the right to bring proceedings before the courts of their habitual residence. Nothing here deprives you of protections that cannot be waived under the law where you live.

17. Apple App Store — additional required terms

These Terms are between you and CircleOK only, not with Apple Inc. (“Apple”); Apple is not responsible for the Service or its content. Apple has no obligation to furnish maintenance or support. In case of the app’s failure to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or third parties relating to the app, including product-liability claims, legal-compliance claims, or consumer-protection claims, or claims that the app infringes third-party intellectual-property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist supporting, and are not on any U.S. Government prohibited or restricted list. You must comply with applicable third-party terms (such as your wireless data agreement). Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. Force majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including acts of nature, power or network failures, acts of government, or failures of Apple’s or Google’s platforms and notification infrastructure.

19. Changes to these Terms

We may update these Terms; material changes will be announced with reasonable advance notice in the app or by other means, and, where the law requires, will need your renewed acceptance. If you do not agree, stop using the Service before the changes take effect.

20. Personal acceptance; no third-party rights

Each member of a Circle accepts these Terms personally, on their own device, when they first use the Service; no one may use the Service on another's behalf. Except for Apple under Section 17, these Terms do not create rights for any third party, and no person who is not a party to these Terms may rely on the Service or on any status or notification it produces.

21. Miscellaneous

Severability, no-waiver, and entire-agreement provisions apply: invalid provisions are severed without affecting the rest; failure to enforce is not waiver; these Terms and the Privacy Policy are the entire agreement regarding the Service. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or asset sale.

22. Contact