Effective Date: July 31, 2023
Welcome to AlfredCircle. AlfredCircle is operated by Alfred Systems Inc. (“we,” “our,” or “us,”). These Terms of Service (these “Terms”) govern your legal rights to use or access services, software, mobile applications, and websites (the “Services”) and hardware products or devices (the “Products”) provided by us. By accessing or using the Services or the Products and by logging in, you electronically represent that you agree to the above terms and further certify that you have read, understood, and completely agree, to be legally bound by AlfredCircle’s Terms of Service (this “Agreement”). This Agreement further applies to all visitors, users, and others who access the Services or the Products (the “Users”). AlfredCircle reserves the right to make changes or updates to this Agreement at any time, and we will post an updated version. If a change is material, we’ll let you know before it takes effect. By using AlfredCircle on or after that effective date of the updated version, you will be deemed to have agreed to the updated version. If you don’t agree to it, please stop the use of the Services or the Products, otherwise, your use of the Service or the Product after a change to this Agreement constitutes your binding acceptance of the updated version.
You Are Always In Control
Is Personal Information About Me Secure?
Your Personal Information is protected on AlfredCircle by your username and password. We highly recommend that you select and protect your password appropriately, and limit access to your computer and mobile phone to only those individuals whom you trust to prevent unauthorized access to your account and to your Personal Information and Content. AlfredCircle endeavors to safeguard Personal Information and Content to ensure that information is kept private, through physical, electronic, and procedural measures.
Sharing Your Content and Information
Furthermore, although we always appreciate your feedback or other suggestions about AlfredCircle, you understand and acknowledge that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them to us.
Eligibility and Safety
You may use the Services or the Products only if you can form a binding contract with AlfredCircle and only in compliance with this Agreement and all applicable local, state, provincial, national, and international laws, rules and regulations. The Services or the Products are not directed to children under the age of 13 (or the minimum age at which a person may use the Services or the Products in your state, province or country without parental consent, if greater), and you must confirm that you are 13 years or older to create an account and use the Services or the Products. If we have actual knowledge that you are under the age of 13 (or the minimum age at which a person may use the Services or the Products in your state, province or country without parental consent, if greater), we will cease providing the Services or the Products to you and delete your account and your data. Neither the Services nor the Products are available to any Users previously removed from or blocked by AlfredCircle, whether for violation of this Agreement or otherwise. Furthermore, you represent and warrant the followings:
You are not under the age of 13 (or the minimum age at which a person may use the Services or the Products in your state, province or country without parental consent, if greater).
You understand that AlfredCircle DOES NOT become involved in transactions or actions between or amongst parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact.
You are responsible for obeying all applicable enforcement mechanisms, including, but not limited to federal, state, municipal, and tribal statutes, rules, regulations, ordinances, and judicial decisions, and any applicable executive orders, including compliance with all applicable privacy protection requirements.
You will not use the Services, Products, or AlfredCircle for any illegal purpose.
You consent to have your personal data transferred to and processed in the U.S.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on AlfredCircle (such as advertising or payments).
We do our best to keep AlfredCircle safe, but we cannot guarantee it. We need your help to keep AlfredCircle safe, which includes the following commitments by you and we will not have any liability to you or any third party for your violation of any commitment you make:
(1) You will not collect Users’ content or Personal Information, or otherwise access AlfredCircle, using automated means (including, but not limited to, harvesting bots, robots, spiders, or scrapers) without our prior written permission.
(2) You will not upload viruses or other malicious code.
(3) You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user.
(4) You will not post content on AlfredCircle that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence or that may be found to be offensive or indecent.
(5) You will not develop or operate on AlfredCircle a third-party application containing alcohol-related, dating, or other mature content.
(6) You will not use AlfredCircle to do anything unlawful, misleading, malicious, or discriminatory.
(7) You will not do anything that could disable, overburden, or impair the proper working or appearance of AlfredCircle, such as a denial of Services attack or interference with page rendering or other AlfredCircle functionality.
(8) You will not facilitate or encourage any violations of this Agreement or our policies.
You must provide us with your real personal information. Additionally, to further ensure account liability and registration security, you must adhere to the following conditions:
(1) You may never use another User’s account without their permission.
(2) When creating your own account, you must provide accurate and complete information. You will keep your contact information accurate and up-to-date.
(3) You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You will not share your password, let anyone else access your account without your permission, or do anything else that might jeopardize the security of your account.
(4) If we disable your account, you will not create another one without our written permission.
(5) You will not use AlfredCircle if you are a convicted sex offender
(6) You will not transfer your account to anyone without first getting our written permission.
(7) If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a username may infringe the rights of a trademark owner).
(8) You will provide AlfredCircle an email address of which you consent to our use of that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
(9) You must notify AlfredCircle immediately of any breach of security or unauthorized use of your account. AlfredCircle will not be liable for any losses caused by any unauthorized use of your account. You will not provide any false personal information on AlfredCircle, or create an account for anyone other than yourself.
(10) You are solely responsible for any and all consequences of your actions in the use of the Services or the Products.
(11) You further acknowledge and understand that in the event that you violate this Agreement, AlfredCircle may permanently remove you from the Services or the site, and depending on the nature and severity of the violation, avail itself of such remedies as are prescribed by law. AlfredCircle will comply with applicable federal, state, provincial, municipal, and tribal law enforcement entities pursuant to applicable laws and regulations. You must take responsibility for your actions whilst using AlfredCircle and take responsibility for any and all of your actions related to, or resulting from, my use of AlfredCircle.
Trademarks and Copyrights
Nothing on or in the Services or the Products shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of AlfredCircle or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, AlfredCircle is the owner of all trademarks and service marks on or in the Services or the Products, whether registered or not, including, without limitation, AlfredCamera, AlfredCam, Alfred Premium, and Alfred Plus. AlfredCircle expressly forbids the unauthorized use of its logos, trademarks, or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
The Services or the Products are licensed to you for use only under the terms of this Agreement. Subject to your complete and ongoing compliance with the terms of this Agreement, we grant you a personal, limited, revocable, non-transferable license to access and use the Service or the Products solely for your own use. The Services or the Products are only for your personal, non-commercial use.
You may not directly rent, lease, lend, sell, redistribute or sublicense the Services or the Products. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Services or the Products, nor attempt to disable or circumvent any security or other measure designed to protect the Services or the Products If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this Agreement, then you may be subject to civil or criminal liabilities, as well as liability for infringement of intellectual property rights, and denial of access to the Services or the Products.
Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same. You will not post content or take any action on AlfredCircle that infringes, misappropriates or violates someone else’s rights or otherwise violates applicable laws, rules or regulations. We reserve the right to remove any content or Personal Information you post on AlfredCircle if we believe that it violates this Agreement or our policies. If you infringe other people’s intellectual property rights, we reserve the right to disable your account when we, in our sole discretion, deem it appropriate. Lastly, you will not post anyone’s identification documents or sensitive financial information on AlfredCircle.
Mobile and Other Devices
We currently provide our mobile services for free, which may be changed in the future, but please be aware that you may incur third party fees through you use of the Services or the Products. In addition, you may be subject to third party terms, through your use of the Services or the Products, including your carrier’s normal rates and fees, such as text messaging fees and data fees. You are solely responsible for all such fees, and you agree to pay all such fees and abide by all the terms of such third parties.
You must provide consent and all rights necessary to enable Users in your AlfredCircle groups to sync (including through an application) their devices with any of your Content and Personal Information that is visible to them on AlfredCircle.
Special Provisions Applicable to Software
From time to time, AlfredCircle may develop updates, upgrades, patches and other modifications to improve the performance of the Services or the Products or for other reasons in our sole discretion (“Updates”). You agree that AlfredCircle may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you. If you do not want such Updates, your remedy is to terminate your account with us and stop using the Products and Services. You may be required to install Updates to use the AlfredCircle app or other parts of the Products or Services, and you will promptly install any Updates that AlfredCircle makes available to you. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Limitation of Liability
The Services or the Products provided herein are provided “as is” and without warranty of merchantability or warranty of fitness for a particular purpose or any other warranty, express or implied. AlfredCircle makes no representation or warranty that the Services or the Products or the use of the AlfredCircle app will not infringe any other patent or other proprietary rights. In no event shall AlfredCircle be liable for any incidental, special, or consequential damages resulting from the exercise of the license granted herein or the use of the Services or the Products.
Furthermore, AlfredCircle is not responsible for addressing any claims you have or any claims of any third party relating to the Services or the Products, the AlfredCircle app, or your possession and use of the AlfredCircle app, including, but not limited to: (i) product liability claims; (ii) any claim that the AlfredCircle app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Neither AlfredCircle nor its supplies shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, Services, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusion set forth above may not apply to you.
You agree to indemnify and hold harmless AlfredCircle and all of its owners, directors, officers, employees, and agents for any and all loss, harm, damage, costs, liability, and expense caused to them, whether intentionally or unintentionally, by my use of AlfredCircle, including but not limited to direct or indirect results of violations of any and all applicable laws.
If you violate any term of this Agreement, or otherwise create risk or possible legal exposure for us, we reserve the right to suspend or terminate all or part of AlfredCircle to you. You may also uninstall your application at any time. We also reserve the right to suspend or terminate your account and prevent access to the Services or the Products for any reason, at our discretion. We reserve the right to refuse to provide the Services or the Products to you at any time for any reason, including activity which, in our sole judgment: violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, other Users. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this Agreement or your use of the Services or the Products.
Any and all disputes, controversies, differences, or claims (“Disputes”) which may arise between you and AlfredCircle hereto out of or in relation to the interpretation or the performance of this Agreement shall be settled between the parties hereto by arbitration according to the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators to be appointed in accordance with such Rules, by which each Party hereto is finally bound. The arbitration proceeding shall be conducted in the English language. Either Party may initiate arbitration proceedings at a location selected by the other Party. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and/or an order of enforcement, as the case may be. The arbitral award shall be final and binding upon the Parties.
WE DO NOT GUARANTEE THAT ALFREDCIRCLE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ALFREDCIRCLE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ALFREDCIRCLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING FROM OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
This Agreement makes up the entire agreement between the parties regarding the Services and the Products, and supersedes any prior agreements, whether written or oral. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of this Agreement, it will not be considered a waiver of that provision or of any other provision of this Agreement. You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with applicable laws, rules or regulations. This Agreement does not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing AlfredCircle. Any amendment to or waiver of this Agreement must be made in writing and either signed by us or posted by us on the Services. AlfredCircle may amend this Agreement from time to time, at its sole discretion. If we make material changes to the way we use Personal Information or content, we will notify you by posting an announcement on our Services or by sending you an email to the address you have registered with us. Users will be bound by any changes to the Agreement when they use the Services after they have first been notified of such changes.
No Life and Safety or Critical Uses; Backups
You acknowledge that the Products or the Services are not intended for a third-party monitored emergency notification system and that we do not monitor emergency notifications and will not dispatch emergency authorities to your home in the event of an emergency. AlfredCircle makes no warranty or representation that use of the Services or the Products will affect or increase any level of safety. You acknowledge that the Services or the Products are not intended to be 100% reliable and are not a substitute for a third-party monitored emergency notification system. We cannot and do not guarantee that you will receive notifications in any given timeframe or at all. All life-threatening, safety and emergency events should be directed to the appropriate response services.
We strongly suggest that you backup any important content (for example, by downloading and locally saving any such Content). You are solely responsible to backup your content to another location outside the Services to avoid loss of your content and other data.
You may contact Alfred Systems Inc. Support via email@example.com or the in-app “Report an Issue” channel, the official customer support channel that we respond to.
AlfredCircle does not provide any commitments or guarantees as to response times or as to whether problems or concerns can be resolved or addressed. Any customer service and support offered and provided by AlfredCircle is not an emergency or 911 service or a dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk in their home or otherwise. PLEASE DO NOT CONTACT CUSTOMER SERVICE OR SUPPORT OFFERED BY ALFREDCIRCLE WITH ANY LIFE/SAFETY OR SECURITY EMERGENCY, MEDICAL EMERGENCY, OR ANY OTHER EMERGENCY. IF YOU HAVE ANY SUCH EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT THE POLICE, FIRE DEPARTMENT, 911 OR APPROPRIATE EMERGENCY RESPONSE SERVICE.