Terms of service

1This agreement

These terms are an agreement between Portside Labs, LLC (“Portside Labs”, “we”, “us”) and you. If you create or manage an organization in Circlebak, or use it for your employer, you also accept them on behalf of that organization (“your organization”), and you confirm you’re allowed to do so. By creating an account or using Circlebak you accept these terms. Our privacy policy explains how we handle information and forms part of these terms.

2The service

Circlebak lets teams upload short videos of work in progress, organize them into collections, invite the people whose feedback they need, and collect time-stamped comments on them. The features each plan includes are listed on our pricing.

3Accounts and organizations

• You need an account to use Circlebak. Give us accurate information, keep your sign-in details safe, and tell us promptly at support@circlebak.io if you think your account has been misused. You’re responsible for what happens through it.
• You must be at least 16, and old enough to agree to these terms where you live.
• An organization’s owners control it: who joins, what each role can do, single sign-on, its plan and whether it’s deleted. Members’ access depends on the role their organization gives them, and the organization can remove it at any time.
• If your organization signs you in through its own identity provider, it can create, change and remove your access to its organization in Circlebak.

4Plans, trials and billing

• Circlebak has a Free plan and paid plans billed per creator, monthly or yearly. A creator is any active member whose role lets them upload videos. Members who only watch and comment are free. Prices are in US dollars and shown on our pricing.
• A new organization gets a free trial of the Business plan, for the length shown when it’s created, without a card. When the trial ends, the organization moves to the Free plan unless it has subscribed. Features and allowances the Free plan doesn’t include stop working.
• Paid plans are charged in advance through Stripe, and renew automatically at the end of each period until you cancel. When the number of creators or storage add-ons changes, the charge changes with it, prorated for the rest of the period.
• You can cancel from your organization’s billing settings. The plan stays active until the end of the period you’ve paid for, then the organization moves to the Free plan.
• Fees are non-refundable except where the law requires otherwise. If you think you’ve been billed in error, email us and we’ll look into it.
• If a payment fails, we and Stripe will try again and let you know. If it stays unpaid, we may move the organization to the Free plan.
• We may change prices with at least 30 days’ notice to your organization’s owners. A new price applies from your next billing period after the notice ends.
• Fees don’t include taxes, which we’ll add where they apply.
• Enterprise plans are agreed separately in writing. Where that agreement conflicts with these terms, it wins.

5Storage allowances

Each plan includes a storage allowance for your organization’s videos, which paid plans can add to.

• On a paid plan, if your organization goes over its allowance, new uploads are paused until you free up space or add storage. We don’t delete your videos.
• On the Free plan, including after a trial ends, if your organization is over its allowance we email its owners. If it’s still over 30 days later, we delete its oldest videos, and their comments, until it fits. Deleted videos can’t be recovered.

Circlebak isn’t a backup or archive. Keep your own copies of any video you need to keep.

6Your content

The videos, comments and other content your organization and its members put into Circlebak stay theirs. You give us permission to host, copy, process and display that content only as needed to provide, secure and support Circlebak for you, and as our privacy policy describes. Content you post in an organization belongs to that organization, and stays there if you leave it or delete your account. When an organization is deleted, its content is deleted as the privacy policy describes.

7Your responsibilities

• You have the right to what you upload. That includes permission from anyone who appears or can be heard in your videos, and from anyone whose information, such as customer data, shows on screen.
• You choose who sees it. Everyone you invite to your organization can see its videos and comments, depending on their role. Invite only people who should.
• You follow the law that applies to your business and your use of Circlebak, including confidentiality obligations to your clients and employer.

8Acceptable use

Don’t use Circlebak to:

• upload anything unlawful, harmful, harassing, sexually explicit, or that you don’t have the right to share;
• upload malware, or use Circlebak as general file hosting or to distribute videos to the public;
• send spam, or invite people who haven’t agreed to hear from you;
• access another organization’s data, probe or break our security, or disrupt the service;
• copy, resell or reverse engineer Circlebak, or use it to build a competing product, except where the law allows it;
• overload the service with automated requests.

We may remove content or suspend access that breaks these rules or puts the service or other customers at risk, and we’ll tell you why when we can.

9Other services

Circlebak depends on the service providers listed in our privacy policy, and works with services you choose to use with it, such as Google, Microsoft, your identity provider or your issue tracker. We’re not responsible for those services or for changes they make, but we’ll work to keep Circlebak running if they do. Your use of them is governed by their own terms.

10Our property and feedback

Circlebak, its software, design and content belong to Portside Labs and our licensors. While these terms are in force, we give you a non-exclusive, non-transferable right to use Circlebak for your organization’s business. If you send us ideas or feedback, we may use them without owing you anything.

11Availability and changes

We work to keep Circlebak available and reliable, but it may sometimes be interrupted for maintenance or by problems outside our control. We may improve, change or remove features. If a change removes something significant from a plan you pay for, we’ll tell you in advance where we can.

12Ending the agreement

You can end this agreement at any time by deleting your account, and an owner can end it for an organization by deleting the organization. Deleting an organization cancels its subscription straight away, without a refund for the rest of the period. We may end it with 30 days’ notice, or straight away if you seriously or repeatedly break these terms or the law requires it. When the agreement ends, your right to use Circlebak stops and data is deleted as the privacy policy describes. Sections 6, 10 and 13 to 17 continue after it ends.

13Disclaimers

Apart from the commitments in these terms, Circlebak is provided “as is” and “as available”. To the extent the law allows, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don’t promise that Circlebak will meet every need, that every video will play in every browser, or that it will be error-free or uninterrupted.

14Limitation of liability

To the extent the law allows, neither Portside Labs nor its members or staff are liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if we were told they were possible. Our total liability for all claims relating to Circlebak is limited to the greater of the fees your organization paid us for Circlebak in the 12 months before the claim arose and US$100. Nothing in these terms limits liability that can’t be limited by law.

15Indemnity

You’ll defend and compensate Portside Labs against claims by third parties, including people who appear in your videos, arising from your use of Circlebak in breach of these terms or the law, or from the content you put into it.

16Governing law and disputes

These terms are governed by the laws of the State of Florida and the United States, without regard to conflict-of-law rules. Before bringing a claim, please email us so we can try to settle it. Any dispute that can’t be settled goes to the state or federal courts in Miami-Dade County, Florida, and both of us agree to their jurisdiction. If you’re a consumer in a country whose laws give you the right to bring claims locally, this doesn’t take that right away.

17General

• We may update these terms. We’ll post the new version here with a new date, and email organization owners at least 30 days before a material change takes effect. Using Circlebak after that means you accept the change.
• You can’t transfer this agreement without our consent. We may transfer it as part of a merger, sale or reorganization.
• Neither of us is liable for delays caused by events beyond reasonable control.
• If part of these terms can’t be enforced, the rest still applies. Not enforcing a right isn’t giving it up.
• These terms and the privacy policy are the whole agreement about Circlebak between us, unless we’ve signed a separate agreement with your organization.

18Contact us