Terms and Conditions
Last Updated: [January 3, 2025]
Welcome to Profluence Community (the “Community”). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Profluence Community (“we,” “P+,” “Profluence,” “us,” or “our”). By accessing or using our website, platform, app, and services, hosted on the Circle platform (collectively, the “Services”), you agree to comply with and be bound by these Terms, as well as Circle’s Terms of Service. If you do not agree to these Terms or Circle’s Terms, you must not use our Services.
1. Acceptance of Terms
By accessing, browsing, or using any part of the Services, you acknowledge and agree that you have read, understood, and consent to be bound by these Terms and Circle’s Terms of Service, including any additional guidelines, rules, or terms incorporated herein by reference. We reserve the right to modify, update, or change these Terms at any time at our sole discretion. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services after any modifications signifies your acceptance of the updated Terms.
2. Platform and Eligibility
Our Services are hosted on the Circle platform. You agree to comply with Circle’s Terms of Service while using our Services. By using the Services, you represent and warrant that you are at least 18 years of age or have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. You further agree to provide true, accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy. We and Circle reserve the right to refuse service, terminate accounts, or revoke access to the Services at our sole discretion, including, without limitation, if we determine that you have violated these Terms, Circle’s Terms, or any applicable laws.
3. Community Guidelines
You agree to use the Services in a manner that is lawful, ethical, and in compliance with these Terms and Circle’s Terms of Service. The following actions are strictly prohibited:
- Posting, uploading, or sharing any content that is defamatory, obscene, abusive, harassing, discriminatory, threatening, misleading, false, or otherwise objectionable in nature.
- Engaging in any form of harassment, discrimination, or bullying, including but not limited to harassment based on race, ethnicity, gender, sexual orientation, religion, age, disability, or any other protected characteristic.
- Distributing unsolicited or unauthorized advertising, promotional materials, spam, or any form of solicitation that has not been approved by us in writing.
- Violating the intellectual property, privacy, or other rights of any third party, including but not limited to uploading or sharing content that you do not have the legal right to use. We reserve the right, alongside Circle, to remove any content and/or terminate or suspend any account that violates these guidelines, Circle’s Terms of Service, or any applicable law, at our sole discretion.
4. User Content
You retain all ownership rights in the content you submit, post, or display on or through the Services (“User Content”). By submitting, posting, or displaying User Content, you grant Profluence Community and Circle a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content solely in connection with the operation, development, and improvement of the Services. You represent and warrant that you have all necessary rights, power, and authority to grant this license and that the use of your User Content in accordance with these Terms and Circle’s Terms does not and will not violate any intellectual property, privacy, or other rights of any third party.
5. Privacy
Your privacy is important to us. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy and Circle’s Privacy Policy. You acknowledge and agree that both we and Circle may access, preserve, and disclose your information if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce these Terms, respond to claims that any content violates the rights of third parties, or protect the rights, property, or personal safety of Profluence Community, Circle, its users, or the public.
6. Intellectual Property
All materials, content, and features (including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) provided through the Services are the exclusive property of Profluence Community, Circle, or their licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly provided in these Terms or Circle’s Terms, you are not granted any rights or license to use any content or materials accessible through the Services without prior written permission from the respective rights holder. Any unauthorized use of such content or materials may violate copyright, trademark, and other laws.
7. Account Cancellation
Upon cancellation, your account will be terminated immediately, and all data associated with your account, including but not limited to any content you have posted or shared, will be permanently deleted. It is your responsibility to back up any important information or data before canceling your account.
All fees paid for access to or use of the Services are non-refundable, and cancellation requests must be submitted at least 24 hours before the next scheduled billing date to prevent further charges. Failure to submit a timely cancellation request may result in additional charges, which will not be eligible for refund or dispute.
By choosing to cancel your account, you acknowledge and agree that you will not be entitled to a refund of any fees paid, including any unused portion of your subscription term. Neither we nor Circle shall be liable to you or any third party for any damages, claims, or losses arising from or in connection with the termination or cancellation of your account, including but not limited to charges incurred due to late cancellation requests or automatic renewals.
8. Payment Authorization & Auto-Renewal
By signing up for a paid membership, you expressly authorize Profluence to charge your provided payment method for recurring subscription fees on a monthly or annual basis, as applicable. Your subscription will automatically renew at the end of each billing cycle unless you cancel at least 24 hours before the next scheduled billing date. You are responsible for keeping your payment information up to date. Failure to make timely payments may result in suspension or termination of your access to the Services.
9. Third-Party Content and Links
The Services may contain links to third-party websites, resources, or content that are not owned or controlled by Profluence Community or Circle. We do not endorse, approve, or assume any responsibility for the content, accuracy, legality, or practices of any third-party websites or resources. By accessing or using any third-party websites or content, you acknowledge and agree that you do so at your own risk and that neither we nor Circle will be liable for any loss or damage arising from your use of any third-party websites or resources. You further agree that neither we nor Circle are responsible for any damages or losses, directly or indirectly, caused or alleged to be caused by or in connection with the use or reliance on any third-party websites, content, products, or services.
10. Marketing and Promotional Use
By signing up for and using the Profluence Community Services, you grant Profluence Community (“Profluence”) a non-exclusive, royalty-free, worldwide license to use your company’s name, logo, and publicly available images in marketing and promotional materials, including but not limited to our website, social media, newsletters, and other promotional content.
Profluence will use such materials within reason and in a manner that does not misrepresent your involvement or endorsement. If you wish to opt out of such usage, you may submit a written request to [email protected], and we will make reasonable efforts to remove your materials from future marketing efforts.
11. Force Majeure
Neither Profluence nor Circle shall be liable for any failure to perform or delay in performance of any of our obligations under these Terms if such failure or delay is caused by events beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, strikes or other labor disputes, technical failures, interruptions of service, cyberattacks, government actions, or any other cause beyond our reasonable control (each a “Force Majeure Event”). In the event of a Force Majeure Event, our obligations under these Terms will be suspended for the duration of the event, and we shall use reasonable efforts to resume performance as soon as practicable.
12. Disclaimer of Advice
Profluence’s materials, resources, and services are provided for informational and educational purposes only and are not intended to serve as legal, business, investment, or tax advice. No part of Profluence’s content should be relied upon for such purposes without seeking independent professional advice. Profluence makes no representations, warranties, or guarantees about the accuracy, completeness, or suitability of the information provided for your specific needs.
By using Profluence’s materials or services, you acknowledge and agree that:
- You are solely responsible for any decisions or actions you take based on the information provided.
- Profluence is not liable for any outcomes, losses, or damages resulting from the use of its materials or services.
- You should conduct your own research and consult with qualified legal, financial, or other professional advisors to address your specific circumstances.
13. No Guaranteed Outcomes
Participation in the Profluence Community does not guarantee funding, investment, business success, or any specific results. While we provide access to networking opportunities, educational resources, and industry insights, you acknowledge that any decisions, actions, or outcomes resulting from your participation are solely your responsibility. Profluence makes no guarantees, warranties, or representations regarding financial, business, or personal outcomes as a result of using the Services.
14. Restrictions on Content Sharing
All content, discussions, courses, and materials provided within the Profluence Community are for registered members only. You agree not to copy, distribute, reproduce, or share any paid or members-only content outside of the Community without express written permission from Profluence. Any unauthorized sharing of content may result in immediate termination of your account without refund and potential legal action.
15. Non-Solicitation, Non-Compete, and Confidentiality
By joining the Profluence Community (“Community”), you agree that during your membership and for 12 months following termination, you shall not, directly or indirectly:
- Solicit, recruit, or attempt to influence any member, advisor, partner, or employee of the Community to leave, reduce participation, or join another community, platform, or service that competes with Profluence.
- Promote or market competing services, communities, or platforms to members within the Community through direct outreach, messaging, posts, or any form of communication.
- Create, operate, advise, or participate (directly or indirectly) in the development of a competing community, network, or platform that substantially mirrors or overlaps with the core offerings of Profluence, including but not limited to: networking groups, founder/investor platforms, or exclusive sports business communities.
- Leverage insights, contacts, or proprietary knowledge gained from the Community to develop a competing service, business, or initiative, whether for personal gain or for another entity.
- Circumvent the Community by forming private or external groups that replicate Profluence’s business model, structure, or paid programming in a way that undermines its value.
- Repurpose, share, or distribute any proprietary strategies, content, frameworks, or connections from the Community without explicit written permission from Profluence.
Any violation of this section may result in immediate termination of membership without refund and potential legal action. Members acknowledge that these restrictions are reasonable and necessary to protect the integrity and value of the Community. Profluence reserves the right to seek injunctive relief, damages, and other legal remedies to enforce these provisions.
16. Dispute Resolution and Arbitration
Any disputes arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration, as specified in Circle’s Terms of Service. By agreeing to these Terms, you waive your right to a jury trial or to participate in a class action. You must comply with Circle’s arbitration procedures and any applicable laws governing dispute resolution.
17. Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will make reasonable efforts to notify you of any material changes, which may include posting the updated Terms on our website or sending you a notification. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to any changes to these Terms, you must stop using the Services.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Florida without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within St. Petersburg, Florida, for the resolution of any disputes arising out of or relating to these Terms or your use of the Services, subject to Circle’s arbitration requirements.
19. Agreement to Terms
By registering, accessing, or using the Community, you acknowledge that you have read, understood, and agree to be bound by these Terms and Circle’s Terms of Service. If you do not agree with these Terms or Circle’s Terms, you must not use or access the Community.
20. Contact Information
If you have any questions, concerns, or comments regarding these Terms, please contact us at support@profluence.com.
Circle’s terms: https://circle.so/terms
