Terms of Service

Last Updated: January 15, 2025

Welcome to Circle Room. These Terms of Service ("Terms") govern your access to and use of the Circle Room platform, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Acceptance of Terms

By creating an account, accessing, or using Circle Room, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Circle Room. You represent that you are at least 18 years of age, or the age of legal majority in your jurisdiction, and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information to keep it accurate and complete
  • Maintain the security of your password and account credentials
  • Accept responsibility for all activities that occur under your account
  • Immediately notify Circle Room of any unauthorized use of your account

Circle Room offers three account types: Artist, Engineer, and Producer. You may create multiple accounts with different email addresses if you operate in multiple roles within the music industry.

You are solely responsible for maintaining the confidentiality of your account credentials. Circle Room is not liable for any loss or damage arising from your failure to protect your account information.

User Content & Ownership

Your Intellectual Property Rights

You retain all intellectual property rights in and to the audio files, recordings, compositions, and other content you upload to Circle Room ("User Content"). Circle Room does not claim ownership of your User Content.

License Grant to Circle Room

By uploading User Content to Circle Room, you grant Circle Room a limited, non-exclusive, royalty-free, worldwide license to:

  • Store your User Content on our servers and backup systems
  • Display and transmit your User Content to collaborators you have authorized
  • Create waveform visualizations of your audio files for the feedback interface
  • Process your User Content as necessary to provide the Service
  • Retain metadata and feedback associated with your User Content for the purpose of providing collaboration features

This license is solely for the purpose of operating and providing the Service. Circle Room will not use your User Content for any other purpose, including but not limited to training artificial intelligence models, selling or licensing to third parties, or commercial exploitation.

Collaborator Access

When you invite collaborators to a project, you authorize Circle Room to share your User Content with those specific individuals. You are responsible for determining who has access to your projects and audio files. Collaborators may access, stream, and download audio files you have shared with them as part of the collaboration process.

Representations and Warranties

You represent and warrant that:

  • You own or have the necessary rights, licenses, and permissions to upload and share the User Content
  • Your User Content does not infringe upon the intellectual property rights of any third party
  • Your User Content does not violate any applicable law or regulation
  • You have obtained all necessary consents from any individuals whose voice or likeness appears in your User Content

Intellectual Property

Circle Room's Intellectual Property

The Service, including its design, features, functionality, and content (excluding User Content), is owned by Circle Room and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without prior written permission.

DMCA and Copyright Infringement

Circle Room respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Circle Room with the following information:

  • A physical or electronic signature of the copyright owner or authorized representative
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing and its location on the Service
  • Your contact information (address, telephone number, and email)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner
  • A statement, under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf

Copyright infringement notices should be sent to: [Circle Room Contact Email]

Circle Room may terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (DMCA) and similar international provisions.

Subscription Plans & Billing

Subscription Tiers

Circle Room offers three subscription tiers:

  • Free: Basic access with limited storage and 24-hour file retention
  • Professional: Enhanced features with expanded storage and 96-hour file retention
  • Studio: Full feature access with maximum storage and 2-week file retention

Payment Terms

Paid subscriptions are billed in advance on a monthly or annual basis. Payment is processed through Stripe, our third-party payment processor. By subscribing to a paid plan, you authorize Circle Room to charge your payment method for the subscription fees.

All fees are stated in US dollars unless otherwise indicated. You are responsible for any applicable taxes.

Subscription Changes

You may upgrade or downgrade your subscription at any time through your account settings. Upgrades take effect immediately, and you will be charged a prorated amount. Downgrades take effect at the end of your current billing period.

Refunds

Subscription fees are generally non-refundable. However, Circle Room may provide refunds at its sole discretion on a case-by-case basis.

Free Trials

Circle Room may offer free trials of paid features. Unless you cancel before the trial ends, your payment method will be charged the applicable subscription fee.

Acceptable Use

You agree not to use the Service to:

  • Upload, share, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Upload malware, viruses, or any other malicious code
  • Infringe upon the intellectual property rights of others
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Collect or harvest personal information of other users without their consent
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
  • Use the Service for any commercial purpose not expressly permitted by these Terms
  • Circumvent, disable, or otherwise interfere with security-related features of the Service
  • Use automated scripts, bots, or other means to access the Service

Circle Room reserves the right to investigate and take appropriate action against anyone who violates this provision, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

File Retention & Storage

Tier-Based Retention

Circle Room implements automatic file retention policies based on your subscription tier:

  • Free Tier: Audio files are retained for 24 hours after upload, then automatically deleted
  • Professional Tier: Audio files are retained for 96 hours (4 days) after upload, then automatically deleted
  • Studio Tier: Audio files are retained for 2 weeks (14 days) after upload, then automatically deleted

Automatic Deletion

When the retention period expires, your audio files will be automatically and permanently deleted from Circle Room's servers. This deletion is irreversible. Circle Room is not responsible for any data loss resulting from automatic retention-based deletion.

Metadata Preservation

When audio files are deleted, associated metadata (such as project information, timestamps, and feedback comments) may be retained to preserve the collaboration history. This allows you to maintain records of feedback and revisions even after the original audio files have been deleted.

Storage Limits

Each subscription tier includes a maximum storage allocation:

  • Free Tier: 500 MB
  • Professional Tier: 10 GB
  • Studio Tier: 1 TB

If you exceed your storage limit, you may not be able to upload new files until you delete existing files or upgrade your subscription.

Your Responsibility

You are solely responsible for maintaining backup copies of your User Content. Circle Room strongly recommends that you keep local copies of all important audio files, as files will be automatically deleted according to your tier's retention policy.

Collaboration Features

Project Sharing

Circle Room enables you to invite collaborators to your projects. When you add a collaborator:

  • They will have access to view and stream audio files within that project
  • They may be able to download audio files depending on your project settings
  • They can provide time-stamped feedback on audio files
  • They can participate in threaded discussions on feedback cards

Collaborator Responsibilities

As a project owner, you are responsible for:

  • Selecting appropriate collaborators for your projects
  • Managing collaborator permissions and access levels
  • Ensuring collaborators understand and agree to respect the confidentiality of shared content

Feedback System

The time-stamped feedback system allows collaborators to leave comments at specific points in audio files. All feedback is visible to project participants. Circle Room does not moderate feedback content but reserves the right to remove feedback that violates these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIRCLE ROOM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages resulting from unauthorized access to or alteration of your transmissions or data
  • Any damages resulting from the deletion, corruption, or failure to store any content
  • Any damages resulting from service interruptions, system failures, or technical issues
  • Any damages exceeding the amount you paid to Circle Room in the twelve (12) months preceding the claim

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Circle Room does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

Indemnification

You agree to indemnify, defend, and hold harmless Circle Room and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your User Content, including any claim that your User Content infringes the intellectual property rights of any third party
  • Your use of the Service in a manner not authorized by these Terms
  • Your violation of any applicable law or regulation
  • Any dispute between you and a collaborator regarding shared content

Termination

Termination by You

You may terminate your account at any time by following the account deletion process in your settings. Upon termination:

  • Your access to the Service will be immediately revoked
  • Your User Content will be deleted in accordance with our data retention policies
  • Any prepaid subscription fees are non-refundable unless otherwise required by law

Termination by Circle Room

Circle Room may suspend or terminate your account at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of subscription fees
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies

Effect of Termination

Upon termination, your right to use the Service will immediately cease. Circle Room may delete your User Content and account information. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Circle Room at [Circle Room Contact Email] to attempt to resolve the dispute informally. Most disputes can be resolved quickly and to the satisfaction of both parties through informal negotiation.

Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the English language.

Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Changes to Terms

Circle Room reserves the right to modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on the Service with a new "Last Updated" date
  • Sending an email notification to the address associated with your account
  • Displaying a prominent notice within the Service

Material changes will take effect 30 days after notice is provided. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

Contact Information

If you have any questions about these Terms of Service, please contact us at: [Circle Room Contact Email]