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Terms & conditions

Thank you for using smylCircle!

These Terms of Service ("Terms") govern your access to and use of any website, app, service, technology, or any other products or features owned, operated, branded or offered by smylCircle, except where we expressly state that separate terms (and not these) apply.

These Terms of Use (the "Terms") govern your access to and use of the smylCircle mobile app and website (the "Platform") operated by iROW9 Inc. Please read these Terms carefully before using the App. By accessing or using the Platform, you agree to be bound by these Terms.

  • 1. Service

    • Our Platform offers personalized search which may include AI-powered shopping features that provide personalized recommendations, search results, and other functionalities. While we strive to provide accurate and relevant information, we cannot guarantee the accuracy or completeness of the AI-generated content.

  • 2. Privacy Policy and Security

    • a. Please review our , which also governs your visit to smylCirlce , to understand our practices.

  • 3. User Commitments

    • a. You must

    • i. be at least 16 years old and authorized to do so;
    • ii. not share your passwords or account with anyone else;
    • iii. not transfer your rights to others;
    • iv. provide accurate information while creating the account for yourself.
    • v. engage in respectful communication and refrain from sharing content that may offend, harm, or violate the rights of others.

    b. You cannot use smylCircle if

    • i. you are a convicted sex offender.
    • ii. your account has been disabled/terminated for violation of law or any of our policies.
    • iii. you agree not to submit, post, or engage in any activity that involves content which is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially and ethnically objectionable. Prohibited content also includes material that is disparaging, encourages money laundering, trolling, propaganda, or is otherwise unlawful in any manner like viruses, malware, or other harmful software.
    • iv. you agree not to spam or to unauthorized advertising.

  • 4. User Account Handling and Content

    • a. Usage

    • i. To use our platform, you must be at least 16 years old and authorized to do so. By creating an account or using our services, you affirm that you meet the minimum age requirement and have the necessary authorization. If you do not meet these criteria, please refrain from using our platform. We reserve the right to take appropriate measures, including the termination of accounts, in the event of any violation of this age requirement or unauthorized use.
    • ii. User Accounts: You may need to create an account to access certain features of the App. You are responsible for maintaining the confidentiality of your account information, including your password, and for any activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

    b. Termination/Deactivation

    • i. We reserve the right to terminate/deactivate or suspend your account and access to the Platform, with or without cause, at any time and without notice. We can remove any content or information you share on the Platform if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law. We reserve the right to terminate/deactivate or modify the Service, remove or block content, or cease providing all or part of the Service if we reasonably determine that such actions are necessary to avoid or mitigate adverse legal or regulatory impacts on us. This decision may be made in response to changes in laws, regulations, or other legal requirements, and we will take such actions with the goal of ensuring compliance and safeguarding the best interests of our users and our business. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center. After the termination or deactivation of your account, or the removal of User Content from our platform, we may retain your User Content for a reasonable period, primarily for backup, archival, or audit purposes. This retention is implemented to ensure data integrity and security during necessary backup processes. Rest assured that any retained User Content will be handled in accordance with our Privacy Policy, and appropriate measures will be taken to safeguard the information during its retention period.

    c. Deletion/Removal of Content

    • i. When you request the deletion of content or your account, the deletion process will initiate automatically, commencing no later than 30 days after receiving your request. Please be aware that it may take up to 90 days to complete the deletion of content from our active systems. During this deletion process, the content will no longer be visible to other users but remains subject to these Terms of Use and our Privacy Policy. Following the removal from our active systems, there is an additional window of up to 90 days to eliminate the content from our backups and disaster recovery systems. We strive to diligently adhere to these timelines to ensure the effective and secure removal of your data from our platforms.

  • 5. Third-party sites

    • i. Users are permitted to include links to external content, but it is important to note that we assume no responsibility for the content hosted on third-party websites or services. Your use of such external links is at your own discretion and risk. We disclaim any liability for any consequences arising from the content or your interaction with third-party sites. Additionally, users are expected to adhere to applicable laws and regulations while using our platform. We reserve the right to modify or terminate services, and users are encouraged to review these terms regularly for updates. Your continued use of the website constitutes acceptance of any revised terms.

  • 6. Feedback

    • a. We value your feedback on smylCircle and appreciate your contributions to improving our platform. By providing feedback, suggestions, or ideas ("Feedback"), you agree to the following terms:
      • Voluntary Contribution: Your Feedback is voluntary, and you are not entitled to compensation or acknowledgment for your submissions.
      • Non-Confidentiality: We do not consider Feedback as confidential. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, adapt, publish, translate, create derivative works, and distribute your Feedback.
      • No Obligation: While we appreciate your suggestions, we are under no obligation to implement or act upon any Feedback provided.
      • Respectful Communication: Please ensure that your Feedback is constructive and respectful. Avoid submitting content that is offensive, unlawful, or infringing on the rights of others.
      • Intellectual Property Rights: You confirm that your Feedback does not violate any third-party intellectual property rights. If it contains third-party material, you must have the necessary permissions to submit it.
      • Monitoring and Moderation: We reserve the right to monitor, edit, or remove Feedback that violates these terms or for any other reason at our discretion.
      • Disclaimer: smylCircle makes no warranties or representations regarding the use or implementation of Feedback. We are not liable for any loss or damage arising from the use of Feedback.
    • By providing Feedback, you acknowledge that you have read, understood, and agreed to these terms.

  • 7. Intellectual Property

    1. We highly value and respect intellectual property rights, encompassing copyrights and trademarks, and we expect all users of smylCircle to share in this commitment. Users are required to adhere to applicable copyright and trademark laws, refraining from any activities that infringe upon the rights of copyright or trademark holders. This includes, but is not limited to, the unauthorized reproduction, distribution, or display of copyrighted material and any activities that may infringe on established trademarks. In the event of intellectual property infringement concerns, we encourage users to promptly report such instances for our thorough investigation and swift resolution. We take any reported infringement seriously and reserve the right to remove infringing content, as well as to take appropriate actions, including account suspension or termination, against users found in violation of intellectual property rights. By using smylCircle, users implicitly agree to uphold and respect the intellectual property rights of others.
    2. The "smylCircle" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of iROW9 inc. The App and all content contained therein, including but not limited to text, graphics, logos, images, icons, and software, are the property of iROW9 Inc or its licensors and are protected by United States of Americas copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works of any content from the App without our express written permission.
    3. You maintain ownership and rights to the content you post or share on smylCircle. By sharing your content, you grant us(smylCircle) an extensive, royalty-free license to make it accessible to the global audience and allow others to do the same. This license facilitates the sharing and distribution of your content within the smylCircle platform, promoting community engagement and interaction. While you retain ownership, this license enables the seamless use and dissemination of your shared content within the smylCircle community.

  • 8. Indemnification

    1. By using this website and app, you agree to indemnify and hold harmless the website owner, operators, and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including but not limited to legal fees and costs, arising out of or in any way connected to your use of the website or app, violation of these terms, or infringement of any third-party rights. This indemnification applies to all users and extends to any third-party claims, actions, or demands. The website and app shall promptly notify users of any such claims and provide reasonable assistance in their defense as permitted and applicable, with no obligations to do so. This indemnification provision survives the termination of your use of the website and app.
    2. Limitation of Liability: To the maximum extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website or App.

  • 9. Arbitration

    1. Any disputes or claims arising out of or in connection with the use of this website or app will be resolved through binding arbitration. Both parties agree to submit to arbitration administered by a neutral arbitrator or arbitration organization in accordance with their rules and procedures. The decision reached through arbitration will be final and binding, and judgment may be entered in the US courts with jurisdiction. Each party shall bear its own costs associated with the arbitration proceedings. By using this website or app, you waive your right to bring any dispute before a court, except for matters that may be taken to small claims court. This arbitration clause is governed by and interpreted in accordance with the laws of the United States of America.

  • 10. Dispute Handling & Resolution

    1. By using this website or app, you acknowledge and agree to notify us promptly of any disputes that may arise and make a good-faith effort to resolve such disputes amicably. In the event that an amicable resolution cannot be reached, both parties' consent to the efficient resolution of the dispute through binding arbitration, and not through litigation in court. Arbitration will be conducted in accordance with the prevailing rules of the chosen arbitration organization or arbitrator. The decision reached through arbitration will be final and binding, and both parties waive their rights to pursue the matter in court, except for matters that may be taken to small claims court. This arbitration agreement is governed by and interpreted in accordance with the laws of United States of America.

  • 11. Governing Law and Jurisdiction

    1. If you are a consumer of India, the Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Hyderabad.
    2. The laws of the State of Minnesota, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us. All disputes related to these Terms, or the Services will be brought solely in the federal or state courts located in Minnesota, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

  • 12. Disclaimer

    1. To the extent permitted by applicable law, smylCircle and all its content are provided on an "as is" basis without any warranty, whether express or implied. We make no guarantees regarding the accuracy, completeness, or reliability of the service or its content. Users acknowledge and agree that their use of smylCircle is at their own risk. We do not warrant that the service will be error-free, secure, or uninterrupted. Any reliance on smylCircle or its content is solely at the user's discretion, and they are responsible for assessing the accuracy and suitability of the information provided.

  • 13. Entire Agreement

    • These Terms constitute the entire agreement between you and us regarding your use of the Website or App. These Terms supersede all prior or contemporaneous communications and agreements, whether oral or written. These Terms of Service ("Terms") govern your access to and use of any website, app, service, technology, API, widget, platform, channel or any other products or features owned, operated, branded or offered by smylCircle (“smylCircle” or the “Service”), except where we expressly state that separate terms (and not these) apply. For the purposes of these Terms, “we” or “us” refers to the party with whom you are entering into this agreement. Please read these Terms carefully and contact us if you have any questions.

  • 14. Terms Amendments

    • We may amend these Terms at any time by posting the amended Terms on the App. You are responsible for reviewing the Terms regularly. Your continued use of the website or app after the posting of amended Terms constitutes your acceptance of the amended Terms.
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