Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and CircleUp, LLC. These Terms apply to:

• Organization Administrators ("Admins") — individuals who create and manage an organization account on the Platform;
• Member Users ("Members") — individuals or families who access the Platform through an organization account to register for classes or activities, make payments, sign up for volunteer roles, or otherwise participate in organization activities;
• Visitors — any individual who browses getcircleup.com, any CircleUp subdomain (e.g., [org].getcircleup.com), or any custom domain powered by the CircleUp Platform, whether or not they have an account.

Admins, Members, and Visitors are collectively referred to as "Users." By accessing or browsing any part of the Platform — including public-facing organization pages — you agree to be bound by these Terms. If you do not agree, do not use or access the Platform.

2. Description of Services

CircleUp provides a software-as-a-service ("SaaS") platform for group and organization management, including tools for:

• Class and activity registration and enrollment management
• Payment processing and invoicing
• Member management and directory
• Volunteer scheduling and sign-ups
• Event management and calendaring
• Organization website creation and hosting

The Platform is made available on a subscription basis to Admins, who may then grant access to Members of their organization. CircleUp is a technology platform only and is not a party to any agreement between an organization and its members.

3. Accounts and Registration

3.1 Admin Accounts

Admins must register for an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must promptly notify us of any unauthorized use of your account.

3.2 Member Access

Member access is granted at the discretion of the Admin of their organization. Members represent that the information they provide is accurate and complete. Members are responsible for their own use of the Platform.

3.3 Account Eligibility

You must be at least 18 years of age to create an account. By registering, you represent and warrant that you meet this requirement and have the legal authority to enter into these Terms. If you are creating an account on behalf of a minor child, you represent that you are the parent or legal guardian of that child and that you accept these Terms on their behalf.

3.4 Minor Users

The Platform is intended for use by adults (18+). Minors under the age of 18 may not create their own accounts. A parent or legal guardian must create and manage any account used by or on behalf of a minor. By creating an account associated with a minor, the parent or guardian agrees to these Terms on the minor's behalf and accepts full responsibility for the minor's use of the Platform.

CircleUp does not knowingly collect personal information directly from children under the age of 13 without verifiable parental consent. If you are an Admin enrolling members who include children under 13, you are responsible for ensuring that appropriate parental consent has been obtained in compliance with the Children's Online Privacy Protection Act (COPPA) and any other applicable laws. If we become aware that a child under 13 has created an account without parental consent, we will promptly delete the account. Contact: [email protected].

4. Fees, Payments, and Billing

4.1 Subscription Fees

Admin access to the Platform is subject to subscription fees as described on our pricing page at getcircleup.com/pricing. We reserve the right to change pricing at any time with at least 30 days' written notice to existing subscribers.

4.2 Platform Fees on Transactions

CircleUp may charge a platform fee on payments processed through the Platform. Any applicable platform fees will be disclosed on our pricing page and deducted from transaction amounts before funds are disbursed to the organization.

4.3 Member Payments

Members may be charged fees by their organization (e.g., class registration fees, activity fees) through the Platform. These fees are set by the Admin of the applicable organization, not by CircleUp. CircleUp is not responsible for the amount, accuracy, or appropriateness of fees charged by organizations. Each organization is the Seller of Record for fees it charges to its members.

4.4 Payment Processing and Stripe Connect

All payment processing is handled by Stripe, Inc. via the Stripe Connect platform. By connecting a Stripe account or submitting payment information, you agree to the Stripe Connected Account Agreement and Stripe's Privacy Policy. CircleUp does not store full payment card information.

Admins connecting a Stripe account acknowledge that: (a) Stripe may require identity verification (KYC), including submission of a Social Security Number or Employer Identification Number and government-issued photo ID; (b) payout timing is determined by Stripe and CircleUp makes no guarantees regarding when funds will be disbursed; and (c) Stripe may place holds, freeze accounts, or withhold funds in accordance with Stripe's own terms and risk policies, and CircleUp has no control over such actions.

4.5 Refunds

Subscription fees paid to CircleUp are non-refundable except as required by applicable law or as expressly stated in writing by CircleUp. Refunds for organization-level fees are governed solely by the policies of the applicable organization. CircleUp is not responsible for issuing or mediating refunds for organization fees. Organizations are solely responsible for managing chargebacks and payment disputes.

4.6 Tax Responsibilities

Each organization is responsible for all tax obligations arising from fees it collects through the Platform. CircleUp is not responsible for determining, collecting, or remitting taxes on behalf of organizations. Admins should consult a tax professional regarding their obligations, including with respect to IRS Form 1099-K reporting by Stripe for accounts exceeding applicable thresholds.

5. User Conduct

You agree not to use the Platform to:

• Violate any applicable law, regulation, or these Terms;
• Transmit any content that is unlawful, harassing, defamatory, obscene, fraudulent, or otherwise objectionable;
• Impersonate any person or entity, or misrepresent your affiliation;
• Upload, transmit, or distribute malicious code, viruses, or any software that interferes with the Platform;
• Attempt to gain unauthorized access to any portion of the Platform or any related system or network;
• Scrape, crawl, or harvest data from the Platform without our express written consent;
• Use the Platform in any manner that could damage, disable, or impair its operation.

6. Organization Responsibilities (Admins)

As an Admin, you acknowledge and agree that:

• You are solely responsible for the administration and management of your organization's account, including all content you upload, member data you collect, fees you set, and policies you establish;
• You will comply with all applicable laws regarding the collection and use of personal data of your members and their minor children, including but not limited to COPPA and the Minnesota Consumer Data Privacy Act (MCDPA) where applicable;
• You will maintain a written privacy policy for your organization that is accessible to your members;
• You are solely responsible for screening, vetting, and conducting background checks on any instructors, staff, or volunteers associated with your organization. CircleUp does not conduct background checks, verify credentials, or screen any individual who uses the Platform;
• You are solely responsible for any physical activities, in-person events, or classes organized through the Platform. CircleUp has no responsibility for any injury, harm, or incident occurring at or in connection with any in-person activity, and Admins agree to indemnify and hold harmless CircleUp against any claims arising from such activities;
• You will use the Platform only for lawful purposes, including compliance with all applicable laws regarding non-discrimination in enrollment and program offerings;
• CircleUp serves only as a technology platform and is not a co-organizer, employer, franchisor, or fiduciary of your organization, and is not a party to any agreement between your organization and its members.

7. Content Standards and Removal

7.1 Prohibited Content

Admins may not publish content on organization pages or through the Platform that: (a) is unlawful, discriminatory, or violates the rights of any individual or group; (b) contains false or misleading representations about the organization or its offerings; (c) promotes illegal activity; or (d) violates these Terms or any applicable law.

7.2 CircleUp's Right to Remove Content

CircleUp reserves the right, but not the obligation, to remove or restrict access to any content that violates these Terms or that CircleUp determines, in its sole discretion, is harmful or objectionable. CircleUp will make reasonable efforts to notify the applicable Admin of content removal, but is not required to do so in urgent circumstances.

7.3 Reporting Violations

To report content that you believe violates these Terms, contact us at [email protected].

8. Intellectual Property

8.1 CircleUp IP

The Platform, including all software, designs, text, graphics, logos, and other content created by CircleUp, is the exclusive property of CircleUp, LLC and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely as described in these Terms.

8.2 User Content

You retain ownership of any content you upload or submit to the Platform ("User Content"). By submitting User Content, you grant CircleUp a non-exclusive, worldwide, royalty-free license to store, display, and process your User Content solely to the extent necessary to provide the Platform services.

8.3 Feedback

If you provide feedback or suggestions about the Platform, you grant CircleUp the right to use such feedback without restriction or compensation to you.

9. Privacy and Analytics

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in our Privacy Policy.

CircleUp uses the following third-party service providers: Stripe (payment processing), Supabase (data storage and authentication), Resend (email delivery), Vercel (hosting and infrastructure), and PostHog (product analytics and session recording). PostHog may collect behavioral data including page interactions, feature usage, and session activity.

10. Data Security

CircleUp implements industry-standard security measures to protect your data. However, no method of electronic transmission or storage is 100% secure. In the event of a data breach that affects your personal information, we will notify you as required by applicable law.

11. Service Availability

The Platform is provided on an "as available" basis and may be subject to downtime for maintenance or circumstances outside our control. CircleUp shall not be liable for any loss or damage resulting from service interruptions. CircleUp may designate certain features as "Beta." Beta features are provided "AS IS" for testing purposes, may contain bugs, and may result in data loss. Use of Beta features is at the User's sole risk and Beta features may be modified or discontinued at any time without notice.

12. Third-Party Services and Links

The Platform may integrate with or link to third-party services. CircleUp does not endorse and is not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is at your own risk.

13. Organization Pages and Third-Party Content

13.1 Organization-Hosted Pages

CircleUp enables Admins to create public-facing pages accessible via CircleUp subdomains or custom domains. These pages are created and controlled entirely by the Admin. CircleUp acts solely as a technology hosting provider and has no editorial control over their content. CircleUp does not endorse, verify, or take responsibility for any information, representations, offerings, fees, or activities described on organization pages.

13.2 Custom Domains

The presence of a custom domain does not indicate any affiliation between CircleUp and that domain owner beyond a hosting relationship.

13.3 No Endorsement

CircleUp does not screen, verify, or endorse organizations that use the Platform. Users are encouraged to independently evaluate any organization before enrolling, making payments, or sharing personal information.

13.4 Passive Conduit for Communications

CircleUp provides communication tools as a passive conduit only. CircleUp does not monitor, review, or control communications between organizations and their members. Any mandatory reporting obligations arising from communications transmitted through the Platform rest solely with the applicable organization and its staff.

14. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. CIRCLEUP IS A TECHNOLOGY PLATFORM ONLY. WE DO NOT VERIFY THE ACCURACY OF INFORMATION PROVIDED BY ORGANIZATIONS OR MEMBERS, AND WE ARE NOT RESPONSIBLE FOR THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ANY ORGANIZATION, ADMIN, MEMBER, INSTRUCTOR, VOLUNTEER, OR OTHER INDIVIDUAL ASSOCIATED WITH AN ORGANIZATION USING THE PLATFORM.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CIRCLEUP, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

IN NO EVENT SHALL CIRCLEUP'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO CIRCLEUP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

16. Indemnification

You agree to indemnify, defend, and hold harmless CircleUp, LLC and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or the rights of any third party; or (e) in the case of Admins, the administration of your organization through the Platform, including any claims arising from in-person activities, fee disputes, or the conduct of your staff or volunteers.

17. Term and Termination

17.1 Term

These Terms are effective when you first use the Platform and continue until terminated.

17.2 Termination by You

Admins may cancel their subscription at any time through account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period.

17.3 Termination by CircleUp

We reserve the right to suspend or terminate your access to the Platform at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users or to CircleUp.

17.4 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. CircleUp may delete your data in accordance with our Privacy Policy. Sections 8, 14, 15, 16, 19, and 20 survive termination.

18. Your Privacy Rights (Minnesota Residents)

If you are a Minnesota resident, you have certain rights under the Minnesota Consumer Data Privacy Act (MCDPA) with respect to your personal data, including the right to: (a) access and obtain a copy of your personal data; (b) correct inaccurate personal data; (c) delete personal data we hold about you; (d) opt out of the processing of your personal data for targeted advertising or sale; and (e) not be discriminated against for exercising these rights.

To exercise any of these rights, contact us at [email protected] or use the data management tools available in your account settings.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Minnesota for any disputes arising under these Terms.

20. Dispute Resolution

20.1 Informal Resolution

Before initiating any legal action, you agree to first contact CircleUp at [email protected] and attempt to resolve the dispute informally for at least 30 days.

20.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, in Minnesota. The arbitrator's decision shall be final and binding.

20.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS AGAINST CIRCLEUP WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.4 Exceptions

Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitration.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Platform at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of revised Terms constitutes your acceptance of those Terms.

22. Miscellaneous

22.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CircleUp regarding the Platform.

22.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

22.4 Assignment

You may not assign your rights or obligations under these Terms without CircleUp's prior written consent. CircleUp may assign these Terms in connection with a merger, acquisition, or sale of assets.

22.5 Notices

All notices to CircleUp under these Terms should be sent to [email protected] or by mail to CircleUp, LLC, 202 N Cedar Ave Ste #1, Owatonna, MN 55060.

23. Contact Us