This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Circles, LLC (“Company” or “us”). This Agreement governs your use of the Guava application on the iOS and/or Android platforms, (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY CLICKING THE “CREATE ACCOUNT” AND/OR “ACCEPT” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
USE OF THE APPLICATION IS ALSO GOVERNED BY OUR [PRIVACY POLICY], WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS. BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPTED THE PRIVACY POLICY
This Agreement is subject to change by Company in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement through the Application. Your continued use of Application after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
This Agreement was last revised on April 2, 2025.
Eligibility and Use Requirements.
Minimum Age. You must be at least 18 years of age to access and/or use the Application. By downloading, installing, accessing, and/or using the Application, you represent and warrant that you are at least 18 years old.
Marital Status. By using the Application, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not use the Application.
Criminal History. By accessing and/or using the Application, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. COMPANY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON END USERS OF THE APPLICATION. However, to the extent permissible by applicable law, Company reserves the right to conduct any criminal background checks, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSBLE IN YOUR JURISDICTION.
Profile Information. The Application requires that you answer a series of questions. Some of your responses are used solely by Company to establish and maintain your account to access and use the Application. Others, however, will be publicly displayed within the Application to other End Users. Only those questions denoted as “Optional” may be left blank in order for you to use the Application. You understand and accept these conditions. Further, you understand and agree that you may only have one profile in and through the Application and that your use of the Application must be for bona fide relationship-seeking purposes. Without limiting the foregoing, Company, from time to time, may create test profiles to monitor the operation of the Application.
Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity without Company’s express prior written consent. You acknowledge that Company is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.
Information Submitted. To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Application, (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Application; and (iii) your interactions with other End Users. You warrant and represent that all information provided through the Application or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how Company may use information you provide or post which is personal to you are set out in Company’s Privacy Policy. Certain information you provide may be visible to other users as part of your public profile. You can learn more about what information is public versus private in our Privacy Policy.
Risk Assumption and Precautions. You assume all risk when using the Application, including but not limited to all risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Application.
No Guarantees. Company may not be able to provide matches for everyone seeking to use the Application. Further, Company makes no guarantees as to the number or frequency of matches through the Application, or to such matches’ ability, desire, or criteria to communicate with any End User. You understand that Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Application or as to the conduct of such individuals.
Reporting of Violations. You will promptly report to Company any violation of this Agreement by others, including but not limited to, End Users.
Content Removal. Company reserves the right, but has no obligation, to monitor the information or material you or any End User submits to the Application or posts in the public areas of the Application. Company will have the right to remove any such information or material that, in its sole opinion, violates, or may violate, any applicable law and/or this Agreement or upon the reasonable request of any third party. Company further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience with the Application.
Posting and Communication Restrictions. You will not post, transmit to other End Users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Application, that:
promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
is intended to or tends to abuse, harass, threaten, or intimidate any other End User(s);
is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, or otherwise objectionable or unlawful;
infringes the intellectual property right of Company or any third party, including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
contains video, audio, photographs, or images of another person;
promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copyright-protect devices;
is false or misrepresentative or otherwise intended to defraud, swindle, or deceive other End Users;
contains viruses, ransomware, spyware, adware, time bombs, trojan horses, cancelbots, worms, or other harmful or disruptive codes, components, or devices;
promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
disseminates another person’s personal information without hir or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
is off-topic, meaningless, or otherwise intended to annoy or interfere with other End Users’ enjoyment of the Application;
impersonates, or otherwise mispresents affiliation, connection, or association with, any person or entity;
solicits gambling or engages in any gambling or similar activity;
uses scripts, bots, or other automated technology to access the Application;
uses the Application for chain letters, junk mail, or spam emails;
collects or solicits personal information about anyone under the age of 18; or
is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
No False Information. You will not provide inaccurate, misleading, or false information to Company or to any other End User. If information provided to Company or another End User subsequently becomes inaccurate, misleading, or false, you will promptly notify Company of such change.
No Contact Information. You agree that you will not post any full name, phone number, address, email address, personal website address or third-party profile page, or other contact information in the profile section of the Application that will be made available to other End Users. You, at your discretion, may exchange such information when you reach the direct communication phase with another End User.
No Advertising or Commercial Solicitation. You will not advertise or solicit any other End User to buy or sell any product or service on or through the Application. You may not transmit any chain letters, junk mail, or spam email to other End Users or other unsolicited commercial messages. Further, you will not use any information obtained from the Application in order to contact for commercial purposes, advertise to, solicit, or sell to any other End User without their prior express consent. If you breach the terms of this subsection and/or send or post unsolicited bulk email or spam through the Application, you acknowledge that you will have caused substantial harm to Company. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay to Company $50 USD for each such communication transmitted through the Application.
No Harassment of Company Employees or Agents. You will not harass, annoy, intimidate, or threaten any Company employees or agents engaged in providing any portion of the Application or support therefor to you.
Disclosure by Law. You acknowledge and agree that Company may disclose information you provide in accordance with our Privacy Policy including, if required to do so by law, at the request of certain third parties, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Company’s, or a third party’s, rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including an End User) is threatened.
Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, Company reserves the right, but has no obligation, to disclose any information that you submit to the Application if, in its sole opinion, Company suspects or has reason to suspect that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder, child, or spousal abuse, neglect, or domestic violence. Information, including personal information, may be disclosed to authorities that Company, in its sole discretion, deems appropriate to handle such disclosure, provided that such disclosure is pursuant to applicable law. Appropriate authorities include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Company is permitted to make such disclosure(s).
License Grants.
From Company to You. Subject to the terms of this Agreement (including, without limitation, Sections 1 and 3), Company grants you a limited, personal, non-exclusive, and nontransferable license to: (i) download, install, and use (including posting) the Application for your personal, non-commercial use on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”) strictly in accordance with this Agreement and the Application’s documentation and (ii) access information posted by, and communicate with, other End Users through the Application on such Mobile Device strictly in accordance with this Agreement.
From You to Company. By posting information or content to any profile pages or public areas of the Application, or making such information or content accessible to Company or other End Users through links or otherwise, you automatically grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, perpetual, non-exclusive, sublicensable, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify, and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content in connection with the Application, subject, in each case, to applicable privacy laws as they relate to any personal information contained in such information and content and our Privacy Policy. Without limiting the foregoing, you also agree that Company may anonymously use the information, including personal information in anonymized form, that you post or otherwise make available to Company or that otherwise is derived from your use of the Application to continue to improve the Application.
License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:
copy the Application, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party's use of the Application;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also will be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application will provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, posting, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and this Agreement.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination.
The term of Agreement commences when you download and/or install the Application and will continue in effect until terminated by you or Company as set forth in this Section 8.
You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination:
all rights granted to you under this Agreement will also terminate; and
you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of Company's rights or remedies at law or in equity.
For additional information about how we handle your data following account deletion, please refer to our Privacy Policy.
Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION OR $1,000.00 USD, WHICHEVER IS GREATER.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US. By using the Application, you represent that you have not been designated by the United States government as a “Specially Designated National” or other person to whom the provision of the Application is prohibited, and that you are not located in a country that is subject to embargo by the United States government. The licenses to the Application granted under this Agreement are void where prohibited by applicable laws or regulations. You are responsible for determining whether the use of the Application is legal in your jurisdiction.
US Government Rights. The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nevada in each case located in Las Vegas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.