Terms of Service
The following terms are a legal agreement between you and Trismax, Inc. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please exit this site.
This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Trismax's prior written consent, except that Trismax grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this website. This permission is based on the condition that you do not modify the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. In addition, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by these terms and any other applicable terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the following paragraphs, Trismax does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another website or in any other media.
Information on this website is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Any translation from English may be altered in a way that is not completely accurate. Trismax assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Circle LMS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The Service is billed in advance on a monthly or annual basis. There will be no refunds or credits for partial months of service or upgrade/downgrade refunds. Regarding annual subscriptions, cancellation is allowed only within the first 3 months of the subscription with the respective refund being the paid amount pertaining to the residual unused months of the annual subscription, discounted by a cancellation fee of 10% to compensate for our payment providers' fees and administration overhead. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Circle LMS does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect by the end of your current paid month and you will not be charged again.
- Circle LMS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time and without prior notice in case of (a) fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or (b) demonstrated usage negatively impacting the performance of the Service and/or (c) breach of the herein Service terms and conditions. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.
Modifications to the Service and Prices
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
- Circle LMS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Content and Personal Data
- You own all content (including Personal Data) inputted by You and Authorized Users for the purpose of using the Services (“Content”) and You are solely responsible for the legality, reliability, integrity, accuracy and quality of the Content. Circle LMS may suspend or terminate use of Services and this Agreement immediately upon receipt of any notice, which alleges that You and/or Authorized User has used Services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. You hereby acknowledge and agree that Our performance of this Agreement requires that We process, transmit and store Personal Data under your documented instructions.
- You hereby also acknowledge and agree that We process data related to Your employees or representatives that is collected and used by Us, as well as connection data created through the use and operation of the Services, in order to administer or manage Our delivery of Services, or Your account, for Our business purposes, following the technical and organizational security measures. Such Data may include Personal Data and information about the contractual commitments between Us and You, whether collected at the time of the initial registration or thereafter in connection with the delivery, management or administration of Services, including billing and collecting of payments. You hereby acknowledge and agree that We also process Personal Data that We collect, when You submit a request for support services or other troubleshooting, including information about the Service, Your Portal and other details related to the support incident, such as authentication information, information about the condition of the Services, and error-tracking files. We process such Personal Data in order to respond to the request and solve the problem eventually reported.
- We shall process the aforementioned Personal Data for Our own business purposes for as long as it is necessary in relation to the purposes stated above, namely for the duration of Agreement and until collection of the payments, unless processing is necessary for compliance with a legal obligation by mandatory statutory law or for the establishment, exercise or defense of legal claims.
- You hereby acknowledge and agree that We shall process Your name and email address to communicate with You for the presentation and promotion of the Services or of new services. You may at any time, free of charge, unsubscribe from such electronic communication, easily by clicking the button “unsubscribe” contained in the electronic communication.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- Circle LMS does not pre-screen Content, but Circle LMS and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes Circle LMS’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit c) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful; encourages illegal or tortious conduct or that is otherwise inappropriate. d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to Circle LMS or any third party
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Circle LMS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- You agree not to perform misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Circle LMS or any third party).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Circle LMS.
- You agree not to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from Circle LMS.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- We retain the right to contact you from time-to-time via email. You can remove yourself easily from the newsletter lists. You can also request to be removed from all communication emails by contacting our support via our contact form at: Contact us.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Circle LMS customer, employee, member, or officer will result in immediate account termination.
- Circle LMS won’t allow: (a) Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. (b) Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data. (c) Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data. (d) Deciphering any transmissions to or from the servers running the services. (e) Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not use meta-tags or any other “hidden text” including Circle LMS’s or our suppliers’ product names or trademarks.
- You must not access or search any part of Circle LMS by any means other than our publicly supported interfaces.
- Circle LMS does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- You expressly understand and agree that except of circumstances of gross negligence, willful misconduct, fraud, third party IP infringement and any liability which cannot be lawfully excluded or limited, Circle LMS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party of the service. Under no circumstances shall Circle LMS’ aggregate cumulative liability hereunder, whether in contract, tort, or otherwise, exceed the total amount of fees actually paid by customer during past 12 months as of the incident date giving rise to any liability.
- The failure of Circle LMS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Circle LMS and govern your use of the Service, superseding any prior agreements between you and Circle LMS (including, but not limited to, any prior versions of the Terms of Service).
- Circle LMS (in its sole discretion) determines that a user has violated these Terms of Service.
- Questions about the Terms of Service should be sent to: help at Circle LMS dot com