Terms and Conditions

The Circles Application was designed to give you ownership and control of your contacts. Both our Terms and Conditions and our Privacy Policy have been designed to protect your data and to be straightforward and easy to understand.

Summary

• We never resell personal information about you or your contacts or share it unless necessary for the provision of the service.
• Your data belongs to you, and you will always be able to delete your data from our systems.
• Protection of your data is our top priority, and we take significant measures to keep it safe and secure.

Users of the Services offered by Ibtikar al A’mal Ltd. acknowledge and accept these terms and conditions.

Definitions

Ibtikar al A’mal Ltd. and/or the Owner: Refers to a limited liability company registered under the laws of the Kingdom of Saudi Arabia with registration number 7009189437 which is the owner of the Circles Application and provides the Service.

Circles Application, Circles and/or the Application: Refers to the mobile application offered by Ibtikar al A’mal Ltd.

Service/s: The service/s provided by Ibtikar al A’mal Ltd., via the Circles Application, as described in these Terms.

User/s: The individual/individuals (natural persons) downloading and using the Circles Application for reasonable own personal use.

Terms and Conditions (or Terms): These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

Personal Information: Information stored against a contact and specifically the contact's name, surname, telephone number, and email address.

General Information

Other information about a contact and specifically the contact's company, industry, seniority, country, and job title.

Personal Data (or Data)

Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. In the context of the services provided by Ibtikar al A’mal Ltd., via the Circles Application, Personal Data refers to data relating solely to the User/Users.

Data Processor (or Data Supervisor)

The natural person, legal person, public administration, or any other body, association, or organization authorized by the Data Controller to process the Personal Data.

Data Controller

The natural person, legal person, public administration, or any other body, association, or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of the Circles Application. The Data Controller, unless otherwise specified, is the User.

Contact Details of Ibtikar al A’mal Ltd.

Ibtikar al A’mal Limited
3394, Musa Ibn Nusair, As Sulimaniyah, 7261
Landline No.: +966 11 461 61 35
Fax No.: +966 11 461 61 27
P.O Box: 12241
Email: info@businesinnovation.com

Content provided by the User

Users are responsible for their own content and that of third parties that they share through the Circles Application, that they upload and post on or through the Application, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby undertake to indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service or damages that the Users may incur.

The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain the Circles Application.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on the Circles Application. The Owner is not responsible for the content provided by third parties or for its availability.

Registration

Users may register by providing only the required data in the relevant registration form in a truthful and complete manner and accept the Privacy Policy and the Terms. Users are responsible for safeguarding their login credentials.

On the Circles Application, Users can import or synchronize their mobile phone address books. By importing or synchronizing their address books, Users accept to share their contacts with Ibtikar al A’mal Ltd. and they authorize Ibtikar al A’mal Ltd. to use these data in order to provide the Service. Ibtikar al A’mal Ltd. will keep Users' contacts Personal Information private and confidential.

Paid services

Circles provides for additional services and subscriptions available upon payment of a fee for both individual Users and companies. The fees, duration, and conditions for the accounts and paid services are highlighted in the relevant section.

Methods of payment

Circles uses third-party tools for its payment processing and does not handle any of the provided payment information - such as the credit card - at any time.

Trial period

In the event that Circles Application offers a trial period, the User will be able to experience, free of charge and for a limited period of time. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.

Recurring subscription

Payments start from the date when Users choose a paid subscription or modify another existing payment plan. Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Ibtikar al A’mal Ltd. may be forced to cancel their subscription when it runs out. Further information can be found in the terms of the relevant digital distribution platform via which you downloaded the Application.

Right of Withdrawal and Refunds

Requests for withdrawal and refunds are handled by the digital distribution platforms via which you downloaded/purchased the Application and are governed by their respective terms; that is either by Google if you are using an Android device and have downloaded/purchased the Application via the Google Play store, or by Apple if you are using an iOS device and have downloaded/purchased the Application via the App Store.

Further information can be found on the relevant digital distribution platforms as follows:

• For iOS devices please refer to Apple's relevant Terms at: https://www.apple.com/legal/internet-services/itunes/cygr/terms.html
• For Android devices please refer to Google's relevant Terms at: https://support.google.com/googleplay/answer/2479637#apps

Deleting User accounts and account termination

Registered Users can cancel their accounts and stop using the Service, through the interface of Circles or by directly contacting the Owner at any time. When Users cancel their accounts, Circles deletes all General and Personal information ever provided by the User. In case of breach of the Terms, the Owner reserves the right to suspend or terminate the account of the User at any time and without notice.

Deleting contacts

Registered Users can delete their contacts from their phonebook at any time. All the information about the deleted contact will also be removed from Circles.

The Service is provided "as is"

The Service is provided by the Owner "as is", with no express or implied warranty for accuracy or availability.

Service interruption

The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow users to withdraw their information held by the Owner.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Circles and its Service without the Owner's express permission, granted either directly or through a proper reselling program.

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs and any damages, made by any third party due to or arising out of the User's content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Forbidden use

The Service shall be used only in accordance with these Terms. Users may not:

• Reverse engineer, decompile, disassemble, modify or create derivative works based on Circles Application or any portion of it
• Circumvent any technology used by the Owner or its licensors to protect content accessible via it
• Copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Circles Application
• Use any robot, spider, site search/retrieval application, or other automated device, or means to access, retrieve, scrape, or index any portion of Circles Application or its content
• Rent, lease or sublicense Circles Application
• Defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity)
• Disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate
• Promote any other platform, product, brand or commercial service without the express consent of the Owner, including any reference contained in the username
• Impersonate other individuals or create fake accounts
• Publish any content or engage in any activity that could damage a third party
• Use Circles Application in any other improper way that violates these Terms.

Personal Data Processing

The User acknowledges and agrees that with respect to the processing of certain Personal Data shared by the User via the Circles Application and/or via the Service, Ibtikar al A’mal Ltd. shall be acting as Data Processor on behalf of the User and the User shall be the Data Controller.

As per the Privacy Policy, which is hereby considered to be part of these Terms, the Owner shall act as a Data Controller regarding the Personal Data of the Users.

Privacy Policy

For information about the use of their personal data, Users must refer to the Privacy Policy of Circles which is hereby considered to be part of these Terms.

Copyright and other IP Rights

All copyright, trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos and any other intellectual property rights relating to the Circles Application are, and remain, the exclusive property of the Owner or its licensors and are protected by the relevant intellectual property laws in force and by related international treaties.

Age eligibility

Users declare themselves to be adults according to their applicable legislation. Under no circumstance may persons under the age of 18 use the Circles Application.

Limitations of liability

The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of Circles.

The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within the Application. Users who continue to use the Circles Application after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to Circles must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices - that is the Kingdom of Saudi Arabia. An exception to this rule applies in cases where the law provides a sole place of jurisdiction for consumers.