pre-ordermenupre-ordermenuThese Terms and Conditions (“Terms”, “Terms and Conditions”) are provided by Unfolded Circle ApS ("Unfolded Circle" or "we", "us", "our") Nordre Fasanvej 124A, 2000 Frederiksberg, Denmark with business registration number 42589977. These Terms and Conditions (together with any documents that it refers to) are a legal agreement between you and Unfolded Circle.
Please read these Terms and Conditions carefully before installing the Software((i) any and all software programs or applications, including software applications downloaded and installed on a desktop or a mobile device; (ii) any and all software in the form of embedded software on an Unfolded Circle product; (iii) any related documentation, modified versions of, upgrades or improvements to such software (unless expressly provided under different terms at the time of update or download), all subsequent versions, copies of such software) or using your Unfolded Circle product. By installing the Software or using your Unfolded Circle product you agree to be bound by these Terms. If you do not agree with these Terms, you may not install the Software or use the Unfolded Circle Product.
These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary depending on the jurisdiction.
We grant you a limited, nonexclusive license to use the Software, solely with the Unfolded Circle product you have purchased or the Unfolded Circle service used by you. You may permanently transfer to another person the Software upon a permanent transfer of the Unfolded Circle Product using the Software, so long as that person agrees to be bound by these Terms and Conditions, and following such transfer you stop using the Unfolded Circle product and the Software.
You are not permitted to:
Unfolded Circle and its licensors owns and retains all right and interest in and to the Software and all copyrights and other intellectual property rights therein. The Software is licensed, not sold, to you by Unfolded Circle and Unfolded Circle reserves all rights not expressly granted to you.
The Unfolded Circle product is protected by copyright, trademark, and other laws of both Denmark and other countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Unfolded Circle. You may only view and make a single copy of portions of this content for personal, non-commercial, offline use. Content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
Our Privacy Policy (“Privacy Policy”) can be found on our website at unfoldedcircle.com/legal/privacy-policy. By installing the Software, using Unfolded Circle products or providing us with your personal information, you are accepting and consenting to the terms and conditions described in the Privacy Policy and in any separate privacy statements. Our Privacy Policy is incorporated by reference into these Terms.
Unfolded Circle may from time to time provide bug fixes, updates, upgrades and other modifications to the Software (“Updates”). The Terms will govern any Updates provided by Unfolded Circle that replace and/or supplement the original Software, unless such Updates are accompanied by a separate license in which case the terms of that license will apply.
These Terms does not apply to any open-source software which may be included in the Software (“Open Source Components”). The Open Source Components applicable to the Software, and associated applicable licenses, may be found in the about section of the Unfolded Circle Product. Your use of each Open Source Component is subject to the terms of each applicable end user license that accompanies such Open Source Component. You must agree to the terms of each such applicable license, or you should not use the Software. Nothing in these Terms limits your rights under, or grant you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Components.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Software or Unfolded Circle product infringes the copyright or other intellectual property infringement (“Infringement”) of any person. If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Software or Unfolded Circle product, you must submit your notice in writing to the attention of “Copyright Infringement” of support@unfoldedcircle.com and include in your notice a detailed description of the alleged Infringement. You may be held accountable for damages (including costs, court fees and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
The Software and the Unfolded Circle product may be used in connection with other products and software, and may contain links or interfaces to, as well as content and data from, third party software (“Third Party Software”). The use of such Third Party Software is governed by the terms provided by the licensor of such Third Party Software, including the third party’s privacy policy. By accessing or using Third Party Software, you agree to comply with applicable third party terms. Unfolded Circle makes no representations or warranties about the operation or availability of such Third Party Software. Neither Unfolded Circle, nor its licensors, shall be liable for any unavailability or removal of such Third Party Software.
To the extent not prohibited by applicable law, in no event will Unfolded Circle nor its directors, employees, partners, agents, suppliers, investors, subsidiaries or affiliates be liable for any cost of procurement of substitute products, software, or services, lost profits, loss of information or data, or any other special, indirect, consequential, or incidental damages arising in any way out of the sale, license or use of, or inability to use any Unfolded Circle product, software or service, however caused, regardless of the theory of liability (contract, tort or otherwise), even if Unfolded Circle has been advised of the possibility of such damages. In no event shall Unfolded Circle's or its directors, employees, partners, agents, suppliers, investors, subsidiaries or affiliates total liability to you for all damages (other than as may be required by applicable law in case involving personal injury) exceed the amount of fifty dollars ($50.00).
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
Your use of the Software and/or the Unfolded Circle product is at your sole risk. The Software and/or the Unfolded Circle product is provided on as “AS IS” and “AS AVAILABLE” basis. Unfolded Circle does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Unfolded Circle website, information, content, materials, software or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to, or use of, the service will be uninterrupted or error-free or that defects in the service will be corrected. Unfolded Circle its subsidiaries, affiliates and its licensors do not warrant that:
USE THE PRODUCT ONLY AS INSTRUCTED. The Unfolded Circle product may include materials known to be harmful if tampered with, handled incorrectly or used by individuals with certain health conditions. Persons with pacemakers are advised NOT to use the Unfolded Circle product as magnets within the Unfolded Circle product may interfere with such health equipment. The battery life of the Unfolded Circle product may vary. This is due many conditions outside of the control of Unfolded Circle, namely how the Unfolded Circle product is set up, what other products the Unfolded Circle product may be used with, and other conditions. Unfolded Circle cannot guarantee the battery life of the Unfolded Circle product. The Unfolded Circle product should be kept at a distance from the body and should only be used in your hand. Unfolded Circle is not responsible for any injury or loss that may occur from long term exposure to skin and body mass.
Unfolded Circle cannot guarantee the upkeep of the fit and finish of the Unfolded Circle product. Unfolded Circle is therefore not liable for scratches and damages caused by the use of the Unfolded Circle product including but not limited to drops, liquid spills, scratches, cracks, paint peels, loose mechanical components and contact with other materials including cleaning materials. Over time the Unfolded Circle product could wear down over the use including but not limited to dead pixels, worn out buttons, pins and pads for charging. Unfolded Circle cannot cover wear and tear beyond what is expressly covered in the Product Warranty. Read the warranty carefully to understand what is covered at unfoldedcircle.com/legal/warranty
Unfolded Circle will not be responsible for any delay or failure in any performance, due, without limitation to acts of God, war, warlike conditions, blockade, embargoes, riots, governmental restrictions, labor disturbances, unavailability of anticipated usual means of supplies, transportation or loading facilities, wrecks, epidemics, quarantine, fire, flood, earthquake, explosions, any unforeseen change in circumstances, or any other causes beyond its reasonable control.
These Terms shall continue until terminated. Either party may terminate these Terms for any reason at any time. Your right to use the Software will automatically terminate without notice from Unfolded Circle if you violated the Terms. Upon such termination, you must stop using the Software and remove any copies of the Software in your possession or control. Unfolded Circle makes no representation about the future availability of the Software or any Updates and shall not be liable for any unavailability or removal of the Software or Updates. Unfolded Circle shall have no responsibility to provide maintenance or support services with respect to the Software. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
These Terms shall be governed with the laws of Denmark, without regard to its conflict of law provisions, any dispute related to the Software, Unfolded Circle product shall be settled before the Danish courts, unless any applicable mandatory law requires otherwise.
We may change these Terms from time to time. If changes are material, we will notify you before the amendments are made and enter into force. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Software and/or Unfolded Circle product, after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Software or Unfolded Circle product.
If any of the terms of these Terms should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
You understand and agree that the above Terms constitute the entire general agreement between you and Unfolded Circle. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.You will be responsible for the consequences of any unauthorised use of your product and shall defend, indemnify and hold harmless Unfolded Circle from any and all claims, liabilities and damages arising from such unauthorised use.