Terms of Service

These terms have two parts. Part A covers the Circle website, the Circle app and the online tools (shorts, posts, blog, link page, ads, website hosting, signage, menus). Part B is the Circle POS, Inc. Software License and Services Agreement, which also applies to Circle POS software and to businesses that use Circle services. If the two differ about an online service, Part A applies to that service.

Part A — Circle online services

1. Who can use Circle

You must be at least 13 years old. If you are under 18, you may use Circle only with the permission of a parent or legal guardian, who agrees to these terms for you and is responsible for your use. Paid plans, extra usage, ad management and domain purchases must be bought by an adult (for example your parent or guardian). Business accounts must be opened by an adult who is allowed to act for the business. Keep your password private; you are responsible for activity in your account.

2. Free plan, paid plans and limits

Each plan has monthly limits (for example the number of shorts, posts, AI blog posts and AI ad checks), shown in the tools and on the prices page. Limits reset each calendar month. Paid plans renew every month until you cancel; you can cancel any time and keep using the plan until the end of the month you paid for. Prices may change with 30 days' notice. Taxes are extra where they apply.

3. Extra usage (credits)

If you turn on extra usage, uses beyond your plan's monthly limit are paid from your prepaid credit balance at the prices shown in the tools. You choose a monthly maximum; we stop at that amount. If you turn on auto-reload, we charge your saved card the reload amount you chose when the balance runs out, never above your monthly maximum. Credits do not expire while your account is open and are not refundable except where the law requires.

4. AI ad management and ad spend

AI ad management is a monthly service fee. Ad spend — what advertising platforms charge — is separate and is confirmed with you before any campaign starts. Results depend on many things we do not control; we do not promise a number of views, clicks, customers or followers.

5. Your content

You keep ownership of the photos, videos, words and music you add. You give Circle permission to store, process and display them only as needed to run the services you use (for example to show your website, link page or blog). You confirm you have the rights to everything you add, including people shown and music used.

6. AI-made content

Captions, posts, blog posts, translations and ad plans written by AI are drafts for you to check before you publish. You are responsible for what you publish, including prices, claims and translations. Do not use the tools to make false, misleading or illegal claims.

7. Showcase (Circle front page)

A short or blog post is shown on the Circle front page only if you ask to share it and Circle approves it. You can remove it at any time. Circle may decline or remove shared work, for example after reports from visitors.

8. Music and photos

Tracks in the Circle music library may be used in the videos you make with Circle to promote your business or channel. Do not sell the tracks, use them outside your Circle videos, or register them with content-identification systems such as YouTube Content ID. Free photos found through Pexels follow the Pexels license; keep the photographer credit where the tools add it.

9. Not allowed

Using Circle for anything illegal, harmful, hateful, sexual, deceptive or spam; infringing anyone's rights; trying to break, overload or get around limits or security; or reselling the services without a written agreement with Circle.

10. Ending your account

You can delete your account at any time (how). Circle may suspend or close accounts that break these terms. Sections about payment owed, content you published, disclaimers, limits of liability and disputes continue after an account ends.

11. Disclaimers, liability and disputes

The disclaimers, limitation of liability, indemnity and governing-law and dispute terms in Part B (sections 17 to 22) also apply to the online services: New York law, a 30-day good-faith discussion first, then the courts of New York County.

12. Contact

Circle POS, Inc., New York · support@circleposusa.com

Part B — Software License and Services Agreement (version 2026.11)

CIRCLE POS, INC. — SOFTWARE LICENSE AND SERVICES AGREEMENT
Version 2026.11 · Effective October 12, 2026

PLEASE READ CAREFULLY. By clicking "I Agree", installing, or using the Software or the Services, you agree to this Agreement on behalf of yourself and the business you represent. If you do not agree, do not install or use the Software.

[한국어 요약은 이 문서 끝에 있습니다. 영문과 한국어 요약이 다를 때는 영문이 우선합니다.]

1. WHO THIS AGREEMENT IS WITH
1.1 This Agreement is between Circle POS, Inc., a New York company ("Circle", "we", "us"), and the business that installs or uses the Software or the Services ("Merchant", "you").
1.2 The person accepting this Agreement confirms that he or she is at least 18 years old and has authority to bind the Merchant.

2. DEFINITIONS
2.1 "Software" means Circle's point-of-sale and business programs and their updates, including Griddle(TM) Restaurant POS, AURI(TM), Circle Website Studio, Circle Marketing Suite, the Circle mobile app, their installers, store servers and companion apps.
2.2 "Services" means Circle's online services, including the Circle server (delivery bridge), online ordering pages, websites published by Circle, reservations and bookings, the web Studio, photo and domain features, remote support and any hosted reporting.
2.3 "Authorized Users" means employees and contractors of the Merchant, and Circle staff and authorized dealers, who receive a login or access from Circle or the Merchant.
2.4 "Dealer" means an independent company or person authorized by Circle to sell, install or support the Software.
2.5 "Merchant Data" means data the Merchant or its guests put into the Software or Services, such as menus, prices, sales, customers, orders, reservations, employees and photos.
2.6 "Order Form" means the quote, invoice, subscription page or other document that lists the products, locations, devices, term and fees.

3. LICENSE
3.1 Grant. Subject to this Agreement and payment of fees, Circle grants the Merchant a limited, non-exclusive, non-transferable, non-sublicensable license during the term to install and use the Software, in object code form, for the Merchant's internal business at the locations and on the number of devices listed in the Order Form.
3.2 Trials. A trial or evaluation license ends on the date Circle gives. Trial features may stop working at the end of the trial.
3.3 Website Studio. Anyone with a Circle account may use Circle Website Studio to build and manage their own websites. Features connected to a store's point-of-sale system (menus, prices, photos and online ordering) may be used only by accounts linked to that store. Circle staff and Authorized Dealers may also use the Studio for the merchants they serve. Circle's internal tools may be used only by Authorized Users who received access from Circle.
3.4 License keys. The Software may use license keys, activation and periodic online checks. Offline use is allowed for limited periods set by Circle (for example, a number of days since the last online sign-in). Tampering with keys or checks is not allowed.

4. RESTRICTIONS
You must not, and must not allow anyone to: (a) copy the Software except for one backup copy; (b) modify, translate, decompile, disassemble or reverse engineer the Software, except where the law expressly allows it despite this limit; (c) rent, lease, lend, sell, sublicense, share or host the Software for third parties; (d) remove or change any notice, trademark or label; (e) get around security, license keys, usage limits or access controls; (f) use the Software or Services to build a competing product, or to benchmark them for publication without Circle's written consent; (g) use the Software or Services for any illegal, fraudulent, deceptive or harmful purpose, or to send spam; (h) upload malicious code, or content that infringes rights or is unlawful; (i) use the Software where its failure could lead to death, personal injury or severe physical or environmental damage.

5. ACCOUNTS, SIGN-IN AND SECURITY
5.1 Each Authorized User must use his or her own login. Logins and passwords must be kept secret and must not be shared.
5.2 The Merchant is responsible for all activity under its accounts and for removing access of people who leave the business. Circle may require strong passwords and additional verification.
5.3 Circle may suspend an account or a device immediately if it reasonably believes there is a security risk, misuse, or a violation of this Agreement, and will try to tell the Merchant promptly.
5.4 Circle keeps records of sign-ins, publishing, domain purchases and other important actions for security and support.

6. DEALERS
6.1 Dealers are independent businesses, not employees or agents of Circle. A Dealer cannot change this Agreement or make promises for Circle.
6.2 Any separate service, price or promise made by a Dealer is between the Merchant and the Dealer only.
6.3 Dealers given Studio accounts may see and change only the projects assigned to them, and may request (but not complete) purchases paid by Circle unless Circle approves them.

7. FEES, PAYMENT AND TAXES
7.1 The Merchant pays the fees in the Order Form. Subscriptions renew automatically for the same period unless cancelled as stated in the Order Form.
7.2 Late payments may lead to suspension after notice. Fees do not include taxes; the Merchant pays applicable sales, use and similar taxes, other than taxes on Circle's income.
7.3 Except where the law requires, fees are not refundable.
7.4 Third-party charges (for example payment processing, delivery platform commissions, domain registration and renewal, text messages) are separate and are set by those providers or listed in the Order Form.

8. UPDATES AND SUPPORT
8.1 Circle may provide updates, fixes and new versions, sometimes automatically. Some features need the latest version, an internet connection or compatible hardware.
8.2 Support is provided as described in the Order Form or Circle's current support plan. Remote support needs the Merchant's permission for each session unless the Merchant agrees otherwise in writing.

9. MERCHANT DATA AND PRIVACY
9.1 Ownership. The Merchant owns Merchant Data. The Merchant gives Circle permission to host, copy, process and display Merchant Data only to provide, secure, support and improve the Software and Services, and as the law requires.
9.2 Guests and employees. The Merchant is responsible for having the notices and consents the law requires to collect and use personal information of guests and employees (for example for receipts, loyalty, reservations, text messages and marketing).
9.3 Security. Circle uses reasonable administrative, technical and physical safeguards. No system is completely secure; the Merchant must protect its own devices, networks and logins.
9.4 Backups. The Software keeps data on the Merchant's computers and, where the Services are used, on Circle's servers. The Merchant is responsible for keeping its own backups of data stored on its computers.
9.5 Aggregated data. Circle may use data that does not identify the Merchant or any person to operate and improve its products.
9.6 Export after termination. For 30 days after termination Circle will, on request, provide an export of Merchant Data held by the Services in a common format, after which it may delete it.

10. PAYMENT CARDS
10.1 Card payments are processed by third-party processors and terminals under the Merchant's agreements with them. Circle does not intend to store full card numbers in the Software.
10.2 The Merchant is responsible for its PCI DSS compliance, for using approved terminals, and for following its processor's rules. Chargebacks, refunds and processor fees are between the Merchant and its processor.

11. ONLINE ORDERING, WEBSITES, RESERVATIONS AND DELIVERY PLATFORMS
11.1 The Merchant is responsible for everything it publishes or sells: menu items, descriptions, photos, prices, taxes, hours, allergen and dietary information, age-restricted items, food safety, and for preparing and handing over orders correctly.
11.2 Allergen and dietary information must be accurate and kept up to date. Guests should be told to contact the Merchant about allergies; Circle does not check food content.
11.3 Online orders may be paid at pickup or online where enabled. The Merchant handles guest questions, cancellations and refunds under its own policy and the law.
11.4 Reservation and booking requests from websites are requests until the Merchant confirms them.
11.5 Delivery platforms (for example Uber Eats, DoorDash, Grubhub) have their own terms and fees. Circle is not responsible for their services, decisions, outages or payments.
11.6 Circle does not guarantee that online ordering, websites or delivery connections will always be available, and may pause them to protect the Merchant or guests (for example when the store's POS has been offline).

12. CONTENT, PHOTOS AND TRADEMARKS
12.1 The Merchant must have the rights to all content it supplies, including logos, photos, text and music.
12.2 Photos offered by the Studio from free-licence sources are provided under their own licenses; the Studio shows the required credit and the Merchant must not remove it. Real photos of the Merchant's own products are recommended.
12.3 Circle may remove content that it reasonably believes is illegal, infringing or harmful.

13. DOMAIN NAMES
13.1 Domain names bought through Circle are registered in the Merchant's name (the registrant) with a third-party registrar, and the registrar's agreements, which the Merchant accepts before purchase, apply.
13.2 The Merchant approves the price before purchase. Domains renew automatically unless cancelled; renewal fees are charged as listed in the Order Form.
13.3 If fees are unpaid, a domain may expire and may be lost. On termination, Circle will help transfer the domain to the Merchant's own registrar account after all fees for it are paid.
13.4 Circle is not responsible for registrar decisions, disputes about domain names, or names that infringe someone else's rights; the Merchant should choose names it has the right to use.

14. THIRD-PARTY SERVICES AND OPEN SOURCE
14.1 The Software and Services use third-party services such as cloud hosting (for example Microsoft Azure), payment processors, registrars, map and photo services. Their availability and terms are outside Circle's control.
14.2 The Software contains open-source components licensed under their own licenses, which govern those components.

15. INTELLECTUAL PROPERTY
15.1 Circle and its licensors own the Software, Services, documentation and all related rights. No rights are given except as expressly stated.
15.2 Circle POS, Griddle(TM), AURI(TM) and related names and logos are trademarks of Circle POS, Inc.
15.3 If the Merchant gives suggestions or feedback, Circle may use them without obligation.

16. CONFIDENTIALITY
Each party will protect the other's non-public business information with reasonable care and use it only for this Agreement. This does not cover information that is public, already known, independently developed or that must be disclosed by law (with notice where allowed).

17. WARRANTIES AND DISCLAIMERS
17.1 Circle warrants for 30 days after first installation that the Software will perform substantially as described in its documentation. The Merchant's only remedy for a breach of this warranty is repair, replacement, or a refund of the fees paid for the non-conforming Software.
17.2 EXCEPT AS STATED IN 17.1, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT ALLOWED BY LAW, CIRCLE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CIRCLE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT DATA WILL NEVER BE LOST.
17.3 The Merchant is responsible for its computers, printers, networks, internet connection, and for checking totals, taxes, tips and reports.

18. LIMITATION OF LIABILITY
18.1 TO THE EXTENT ALLOWED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL.
18.2 TO THE EXTENT ALLOWED BY LAW, CIRCLE'S TOTAL LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEES THE MERCHANT PAID TO CIRCLE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
18.3 These limits do not apply to the Merchant's payment obligations, to breaches of Section 4, or where the law does not allow them.

19. INDEMNITY
The Merchant will defend and hold Circle harmless from third-party claims arising from the Merchant's content, menus, allergen or dietary information, products, food, guest communications, misuse of the Software or Services, or violation of law, and will pay resulting damages and reasonable costs.

20. TERM AND TERMINATION
20.1 This Agreement lasts while the Merchant has a valid license or subscription.
20.2 Either party may terminate for a material breach not cured within 30 days after written notice; Circle may terminate immediately for non-payment after notice, illegal use, or security threats.
20.3 On termination the license ends, the Merchant must stop using and uninstall the Software, and unpaid fees become due. Sections 4, 9.6, 12 to 19, 21 and 22 survive.

21. LAWS, EXPORT AND CONSUMER RULES
The Merchant will follow the laws that apply to its business and its use of the Software, including tax, labor and tip rules, consumer protection, marketing and text-message rules, data protection, and export control and sanctions laws.

22. GOVERNING LAW AND DISPUTES
22.1 This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law rules.
22.2 The parties will first try in good faith to settle any dispute by talking for 30 days. If not settled, the state and federal courts located in New York County, New York have exclusive jurisdiction, and each party agrees to their jurisdiction.

23. GENERAL
23.1 This Agreement and the Order Form are the entire agreement on this subject. If they conflict, the Order Form controls for fees and quantities.
23.2 Circle may update this Agreement; the new version applies after notice (for example in the Software or by email) when the Merchant next accepts it or continues to use the Software after the notice period stated in the notice.
23.3 The Merchant may not assign this Agreement without Circle's consent; Circle may assign it to an affiliate or a successor.
23.4 If a provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver.
23.5 Neither party is liable for delays caused by events beyond its reasonable control (for example internet or power outages, disasters, or third-party service failures), except for payment obligations.
23.6 Notices to Circle must be sent in writing to Circle POS, Inc., New York, NY (circleposusa.com). Notices to the Merchant may be sent to the contact on file or shown in the Software.

Circle POS, Inc. · New York, NY · circleposusa.com

────────────────────────────────────────
한국어 요약 (참고용 — 영문이 우선합니다)
────────────────────────────────────────
1. 이 계약은 Circle POS, Inc.와 프로그램·서비스를 설치하거나 사용하는 매장(사업체) 사이의 계약입니다. "동의"를 누르거나 설치·사용하면 계약에 동의한 것으로 봅니다.
2. 라이선스: 계약 기간 동안, 주문서에 적힌 매장·기기 수만큼, 매장 업무용으로 사용할 수 있습니다. 양도·재판매·임대는 안 됩니다.
3. 금지: 복제(백업 1부 제외), 수정·역설계, 라이선스 키·보안 우회, 경쟁 제품 제작, 불법·사기·스팸 용도, 남의 권리를 침해하는 내용 업로드.
4. 계정: 사람마다 자기 로그인을 쓰고 비밀번호를 공유하지 않습니다. 퇴사자 계정은 매장이 즉시 정리합니다. 보안 문제가 있으면 Circle이 계정을 정지할 수 있습니다.
5. 웹사이트 Studio: Circle 계정이 있는 회원은 누구나 자기 웹사이트를 만들고 관리할 수 있습니다. 가게 POS와 연결된 기능(메뉴 · 가격 · 사진 · 온라인 주문)은 그 가게에 연결된 계정만 쓸 수 있고, Circle 직원 · 인증 딜러는 담당 매장을 위해 쓸 수 있습니다. 오프라인 사용은 마지막 온라인 로그인 후 정해진 기간까지 가능합니다.
6. 딜러는 Circle의 직원이나 대리인이 아닙니다. 딜러의 별도 약속은 매장과 딜러 사이의 일입니다.
7. 요금: 주문서대로 내고, 구독은 해지하지 않으면 자동 갱신됩니다. 세금은 별도이고, 법이 정한 경우 외에는 환불되지 않습니다. 결제 수수료, 배달앱 수수료, 도메인 갱신비 등은 별도입니다.
8. 데이터: 매장 데이터의 주인은 매장입니다. Circle은 서비스 제공·보안·지원·개선 목적으로만 처리합니다. 매장 PC에 있는 데이터의 백업은 매장 책임입니다. 해지 후 30일 동안 요청하면 데이터를 내보내 드립니다.
9. 카드 결제는 결제 대행사와 단말기를 통해 처리되며, PCI 준수와 차지백·환불은 매장과 결제사 사이의 일입니다.
10. 온라인 주문·웹사이트: 메뉴, 가격, 세금, 영업시간, 알레르기·식단 정보, 연령 제한 상품, 식품 안전, 주문 처리, 환불은 매장 책임입니다. 웹사이트 예약은 매장이 확정하기 전까지 요청입니다. 배달앱은 각 회사의 약관과 수수료가 적용됩니다.
11. 사진·내용: 매장이 올리는 로고·사진·글의 권리는 매장이 확인해야 합니다. 무료 라이선스 사진은 표시된 출처를 지우면 안 됩니다.
12. 도메인: Circle을 통해 산 도메인은 매장 명의로 등록되며, 구입 전에 매장이 가격과 등록 기관 약관에 동의합니다. 자동 갱신되며, 미납 시 만료될 수 있습니다. 해지 시 요금이 정리되면 매장 계정으로 이전을 도와드립니다.
13. 보증: 설치 후 30일 동안 설명서대로 작동함을 보증하며, 그 외에는 법이 허용하는 범위에서 "있는 그대로" 제공됩니다. 중단 없는 작동이나 데이터 무손실은 보증하지 않습니다.
14. 책임 제한: 간접·부수적 손해와 이익 손실은 책임지지 않으며, Circle의 총 책임은 최근 12개월 동안 받은 요금을 넘지 않습니다(법이 허용하는 범위).
15. 해지: 중대한 위반이 30일 안에 고쳐지지 않으면 해지할 수 있습니다. 해지되면 사용을 멈추고 삭제해야 합니다.
16. 준거법·관할: 뉴욕주 법을 따르며, 먼저 30일 동안 협의하고, 해결되지 않으면 뉴욕 카운티의 법원에서 다룹니다.