Last updated: March 21, 2017
This User Agreement applies to Circle customers that are residents of California or Wyoming. If you are a resident of any other state, please click here.
If you are signing up for Circle on or after March 7, 2017, this User Agreement shall be effective immediately. If you signed up for Circle prior to March 7, 2017, this User Agreement shall be effective on April 7, 2017, and the User Agreement effective until that date can be found here. Notwithstanding the foregoing, the terms and conditions regarding bitcoin contained in the box directly below shall apply to all customers immediately.
Effective March 21, 2017
The following terms and conditions shall apply immediately to all Circle customers that hold a bitcoin-denominated Circle Account (or receive bitcoin into a U.S. Dollar-denominated Circle Account), regardless of the date on which you signed up:
As stated in Section 21 of the User Agreement:
“Bitcoin is a decentralized currency that operates on open source software protocols which can be used, modified or adapted by anyone; provided that certain changes require a certain amount of consensus among the parties using and supporting the Bitcoin network. As a result of the decentralized nature of Bitcoin it is possible that sudden, unexpected or controversial changes (“forks”) can be made to Bitcoin. It is also possible that such forks result in multiple versions of “Bitcoin” existing simultaneously. By using Circle you acknowledge and agree that: (i) Circle does not own or control the Bitcoin network and is not responsible for any losses you may incur as a result of the functionality or security of the Bitcoin network and (ii) Circle is not responsible for forks or changes to the Bitcoin network, any of which may result in significant and sudden changes to the value and/or usability of Bitcoin.”
Customers who hold bitcoin in their Circle accounts should be aware that one or more “forks” of Bitcoin may be occurring in the very near future. The exact timing, nature, duration, outcome and impact of any “fork” of Bitcoin cannot be determined ahead of time. The only way to avoid being potentially negatively impacted by a “fork” of Bitcoin is to not hold bitcoin.
With respect to any potential “fork” of bitcoin, you acknowledge and agree that (i) Circle shall determine in its sole discretion which “fork” (or “forks”) of Bitcoin it will support (“Supported Bitcoin”) and Circle shall be under no obligation to support any other “forks” or versions of Bitcoin. Unless Circle in its sole discretion chooses to do so, Circle does not and will not support any forked versions of Bitcoin, or any other digital currencies, tokens, coins or forked protocols (collectively, “Other Digital Currencies”) whether or not they are created as a result of a fork of the Bitcoin network, are independently created or otherwise, and regardless of whether or not such Other Digital Currencies hold any value. You acknowledge and agree that you will not use your Circle account to hold, send, receive or otherwise transact with any Other Digital Currencies. In the event that you attempt to use your Circle account to transact with Other Digital Currencies, Circle is under no obligation to take any measures to help you recover any such Other Digital Currencies or make you whole for any losses associated with such Other Digital Currencies. Holding Supported Bitcoin in your Circle account does not entitle you to any additional tokens or value associated with Other Digital Currencies that may result from your ownership of Supported Bitcoin, regardless of whether you would be entitled to such additional tokens or value had you held such Supported Bitcoin outside of Circle.
Note that in the event of a “fork” of Bitcoin, Circle may be forced to suspend all activities relating to bitcoin (including sending bitcoin, receiving bitcoin or converting bitcoin to U.S. Dollars) for an extended period of time until Circle has determined in its sole discretion that such functionality can be restored (“Bitcoin Downtime”). This Bitcoin Downtime will likely occur immediately upon a “fork” of Bitcoin with little to no warning, and during this period of Bitcoin Downtime you will not have access to bitcoin that you hold in your Circle account.
If you currently hold bitcoin in your Circle account and want to avoid any potential loss in value, loss of access to your funds on Circle, or other negative consequences that might arise from a “fork” of Bitcoin, you can (i) log into your Circle account, (ii) select “Currency” under Settings, and (iii) convert your Circle account balance to U.S. Dollars (which is effectively selling all of the bitcoin you hold to Circle at the price displayed at the time of conversion). Note that once a “fork” of Bitcoin occurs, this option may no longer be available.
This User Agreement (“Agreement”) is a contract between you and (i) Circle Payments, LLC (“Circle LLC”) and (ii) Circle Internet Financial, Inc. (“Circle Inc.”) that applies to your use of Circle’s products and services (the “Services”). Where a reference is made simply to “Circle” or “we” and not a specific entity, such provision applies to your interactions with both Circle LLC and Circle Inc.
Circle LLC is licensed by the California Department of Business Oversight (the "DBO") as a money transmitter and handles all transactions conducted in fiat currency (U.S. Dollars), while Circle Inc. handles all transactions conducted in virtual currency (bitcoin). Circle Inc. is not licensed or regulated by the DBO. See Section 34 for more details.
When you engage in transactions involving Bitcoin, such activities are not regulated by the DBO.
To see what terms have changed as a result of the most recent update to the User Agreement, please see the informational box at the end of this User Agreement.
You must be an individual of at least 13 years of age who resides in the United States to enter into this Agreement. In order to link a bank account or debit card to your account, you must be at least 18 years of age. You cannot link a business bank account or card to Circle and Circle does not currently support business or merchant accounts (even if you link a personal bank account or debit card). Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services or from time to time in order to continue your use of the Services.
For more information on the types of cards that can be linked to your Circle Account, please see this Help Desk article.
For more information on our age restrictions, or to request a parental consent form to link a card if you are under 18, please see this Help Center article.
Certain features of the Services may be limited depending on the state in which you reside, the date on which you created your account or other factors.
Effective December 7, 2016, you are no longer be able to link a new credit card to your Circle Account. Circle will continue to support credit cards already linked to Circle Accounts, but may discontinue such support in the future.
Effective December 7, 2016, all new Circle Accounts are U.S. Dollar denominated accounts and you are not able to create a bitcoin denominated Circle Account.
If you currently have a bitcoin denominated Circle Account and convert your account to a U.S. Dollar denominated Circle Account, you are no longer able to switch your account back to a bitcoin denominated Circle Account.
You may register for only one (1) Circle Account. If you have a U.S. Dollar account, that account is managed by Circle LLC. If you have a bitcoin account, that account is managed by Circle Inc. If you open additional accounts, we reserve the right to immediately close such additional accounts and transfer any balance to your other Circle Account or return it to the original funding source.
When registering for your Circle Account, you must provide current, complete, and accurate information for all required elements on the registration page. If any of this information changes, it is your obligation to update such information as soon as possible. From time to time we may also require you to provide further information as a condition for continued use of the Services, including but not limited to a copy of your government issued photo ID. If you wish to link a bank account or debit card to your Circle Account, you authorize Circle, directly or through third parties, to make any inquiries we deem necessary to validate your identity and account information. This may include requesting further information about you such as your date of birth, email address, physical address, social security number, and bank account or card information so that we can confirm your identity. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.
From time to time we may be required to request further information regarding your transactions in order to comply with federal and state law. Failure to provide such information in a timely fashion may result in the suspension of your ability to transact until you provide such information or the closure of your Circle Account.
In order to prevent fraud and to comply with federal and state laws, if you want to link a bank account or debit card, in order to make a deposit, we need to make sure that you are who you say you are.
By entering into this Agreement, you agree to receive electronic communications and notifications in accordance with our E-Sign Consent Policy.
Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically.
You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs) and mobile unlock codes that you use to access the Services. You are responsible for keeping your email address up to date in your Circle Account profile and for maintaining the confidentiality of your user information. You agree to (i) notify Circle immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services and (ii) enable all relevant security features such as two-factor authentication and PIN Code or TouchID access control. Circle will not be liable for any loss or damage arising from your failure to protect your account information.
We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. If you question the authenticity of a communication purporting to be from Circle, you should login to your account through the Circle website (www.circle.com) or mobile applications, not by clicking links contained in emails.
We go to great lengths to protect your account, but we need you to do the same. It is important that you always protect not only your Circle password but also the email account associated with your account and any device used to access your account.
We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you or your violation of the terms of this Agreement (including, but not limited to, Sections 17 and 18). If you have a balance remaining in a Circle Account which has been suspended or closed, you will be able to recover such funds, unless prohibited by law or a court order or where we have determined that such funds were obtained fraudulently. Circle shall have full discretion as to the means by which you will receive such funds following our decision to return such funds. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer requests and to delay or prohibit such withdrawal or transfer if we believe fraudulent or illegal activity has occurred. If you are unable to login to your Circle Account, you will need to contact Support to process such withdrawal.
You may terminate this Agreement at any time by closing your Circle Account and discontinuing use of the Services. Upon termination of this Agreement and your Circle Account, you remain liable for all transactions made while your Circle Account was open.
If we suspect you are using your Circle Account in violation of laws or this Agreement, we can close your account. If your account is closed, we may require you to complete additional identity verification and fraud prevention steps in order to access funds in that closed account.
Circle LLC provides you with a secure and convenient way to establish an account for purposes of (i) depositing funds from a linked bank account, debit card or credit card (if available), (ii) holding an account balance and (iii) sending and receiving fiat currency with other Circle users; provided that any of these Services can be discontinued at any time in accordance with Section 14.
Effective December 7, 2016, Circle no longer offers the ability to: (i) buy bitcoin from Circle by completing a deposit into a bitcoin denominated Circle Account or (ii) sell bitcoin by withdrawing funds from a bitcoin denominated Circle Account.
Circle Inc. provides you with a secure and convenient way to establish an account for purposes of (i) depositing funds from a linked bank account, debit card, or credit card (if available), and (ii) sending and receiving bitcoin; provided that any of these Services can be discontinued at any time in accordance with Section 14.
Circle Inc. provides you with a secure and convenient way to establish an account for purposes of (i) depositing funds from a linked bank account, debit card, or credit card (if available), and (ii) sending and receiving bitcoin; provided that any of these Services can be discontinued at any time in accordance with Section 14.
Circle is an independent contractor for all purposes and is not your agent or trustee; provided, however, that Circle LLC shall act as your agent solely and exclusively with respect to any positive balance (other than a bitcoin balance) that you hold in your Circle Account and in acting as your agent for funds held at Circle’s banking partner, and you explicitly consent to Circle LLC acting as your agent for such limited purpose. Circle does not have control of, or liability for, any products or services that are purchased or sold by third parties using the Services. Circle does not guarantee the identity of any user or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Circle is not liable for any losses or issues that may arise from such third party transactions, including, but not limited to, legality, quality, delivery, or satisfaction with any products purchased. If you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third party seller or buyer, as applicable.
If you use your Circle Account to send money to someone in exchange for a product or service, and you have a problem with that product or service, you will need to resolve that dispute directly with the third party. For more information on how to transact safely, please see this Help Center article.
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile applications may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using mobile Services, you agree that we may communicate with you by SMS, MMS, text message, push notification, and/or other electronic means via your mobile device and that certain information about your usage of the Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to any person who might acquire your old number.
In order to maintain the security of your account, two-factor authentication is required. That means that you need to have a valid phone and update your account information if your phone number changes.
You will receive pin code verifications upon downloading the Circle application. Message and data rates may apply. Reply STOP to 247253 to Cancel and unsubscribe. For support, please call 1-800-398-7172.
You hereby confirm that with respect to any mobile phone number provided, you own the account corresponding to that mobile phone number or otherwise have the account holder’s permissions to use this service. By registering a mobile phone number you are agreeing to the specific terms set forth in this Section 8. Circle (247253) text messaging services are provided by Infobip for the following carriers: Alltel, AT&T, Boost, Centennial Cellular, Cincinnati Bell, MetroPCS, Sprint, T-Mobile, Unicel, U.S. Cellular, Virgin Mobile USA, and Verizon Wireless but is not compatible with all handsets. T-Mobile is not liable for delayed or undelivered messages.
Except as disclosed in this Section 9 or as disclosed to you prior to confirming a transaction that would incur a fee, Circle does not charge any fees for deposits from bank accounts or debit cards, storing funds or sending or receiving funds. If you choose to withdraw funds to a debit card, you may be charged certain fees based on the frequency of your withdrawals, but any such fees will be disclosed to you prior to confirming such withdrawals. If you choose to deposit funds using a credit card (if available to you), you will incur a percentage-based fee that will be disclosed to you at the time of such deposit. You also agree to pay any other fees that are disclosed to you with respect to the Services or that may be charged by your bank.
If you link a bank account or a debit card to your Circle Account, you should not be charged any fees for deposits. Certain fees may apply for withdrawals to debit cards, depending on the frequency of your withdrawals. If you choose to deposit by credit card, there will be a processing charge, and it is possible that your bank might charge additional fees such as cash advance fees and, if your card is not issued by a US bank, your bank may charge you foreign exchange conversion fees.
By linking a bank account, debit card, or credit card to your account, you authorize Circle to communicate with your bank or card issuer to provide or obtain any information required by Circle or your bank or card issuer in connection with providing the Services to you. By providing this information your bank is neither endorsing Circle nor is it in any way responsible for the Services.
When you use your bank account, debit card, or credit card to deposit funds, you are requesting an electronic transfer of funds. For bank account transactions, Circle will make electronic fund transfers from your bank account in the amount you specify. You agree that such requests constitute your authorization to Circle to make such transfers. Once you have provided your authorization for a transfer, you will not be able to cancel the electronic transfer. You hereby give Circle the right to resubmit any electronic fund transfer you authorized that is returned for insufficient or uncollected funds. You also authorize us to amend your Circle Account activity to correct such error. You authorize Circle to take necessary action to reverse, credit, or debit any payment in connection with any necessary chargebacks, reversals, refunds, or adjustments.
You agree that you will not receive interest or other earnings on the funds that you hold on deposit with Circle and that Circle handles and places in pooled accounts with its banking partners. In consideration for your use of Circle’s product and services, you irrevocably transfer and assign to Circle any ownership right that you may have in the interest (if any) that may accrue on funds held on your behalf by Circle in pooled accounts in consideration for the expenses incurred by Circle in connection with maintaining such accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants Circle any ownership right to the principal of the funds you maintain as a balance in your Circle Account.
When you convert one fiat currency into another fiat currency (such as U.S. Dollars to Euros, U.S. Dollars to British Pounds, etc.) by completing a deposit or by changing the currency that denominates your account, such currency conversion is completed directly by Circle LLC.
When you convert U.S. Dollars and Bitcoin by completing a deposit or by changing the currency that denominates your account, such currency conversion is completed directly by Circle Inc.
You acknowledge that the price or value of any currency may fluctuate and that the conversion rate (the “Conversion Rate”) for converting one currency into another may not be the same Conversion Rate that applies when converting back into that first currency. You will always be shown the applicable Conversion Rate for a transaction prior to consummating the transaction. You agree to deliver the agreed upon payment upon confirmation of a deposit, regardless of changes in a currency’s value. The value of currencies (especially bitcoin) can rapidly increase or decrease at any time, so Circle cannot guarantee the value of any currency. The Services do not involve any extension of credit to you, and no credit is extended to you in connection with your use of the Services. In the event you are entitled to a refund or other payment by Circle, Circle shall have no liability for any losses resulting from a change in the Conversion Rate that may have occurred since the time of the original transaction. We are not responsible for any processing delays that may result in connection with any deposit, withdrawal, or transaction. The ability to convert from one currency to another is subject to applicable legal and regulatory restrictions as well as the availability of such currency provided by Circle.
All funds received into your Circle Account will be delivered in the currency that your account is denominated in, regardless of what currency the transaction is initiated in. For example, if your Circle Account is denominated in U.S. Dollars and someone sends you Euros or bitcoin, we will automatically convert such Euros or bitcoin, as applicable, to U.S. Dollars based upon the current Conversion Rate. We are not responsible for any losses that might be incurred as a result of the Conversion Rate that applies to a given transaction.
The currency conversion rates provided by Circle are constantly changing. If a transaction fails and the applicable conversion rate changes before you can complete the transaction, we are not responsible for any value lost due to that conversion rate change. At any given time the rate for converting U.S. Dollars to Euros may differ from the rate used for converting Euros to U.S. Dollars., etc.
Section 11 applies only to account balances held in U.S. Dollars with Circle LLC, not bitcoin or other currencies.
When you add funds to your U.S. Dollar Circle Account, the funds will be placed by us into one or more custodial accounts (“Custodial Account(s)”) maintained for the benefit of Circle LLC users at one or more banks insured by the Federal Deposit Insurance Corporation (“FDIC”), which have been established to provide pass-through FDIC insurance. Subject to the limitations set forth below, this means that if a bank holding a Custodial Account fails, you should be insured by the FDIC up to the per-depositor coverage limit then in place (currently $250,000 in most instances). Note that the FDIC insurance maximum applies to all of the funds you have on deposit with the bank that fails. Therefore, the amount of your Circle-related funds in the Custodial Account are added to any other funds that you have in deposit accounts held in the same right and capacity at the failed bank for purposes of calculating deposit insurance coverage.
Your Circle funds will not receive the benefit of FDIC insurance before they are placed in one of the Custodial Accounts referenced above. In most instances, we will place funds into the Custodial Accounts no later than the business day after those funds are credited to your Circle Account. FDIC insurance coverage is contingent upon our maintaining accurate records and on determinations of the FDIC as receiver at the time of a receivership of a bank holding a Custodial Account. FDIC pass-through insurance protects funds placed on behalf of a Circle user against the risk of loss (up to the then applicable FDIC deposit insurance limits) should any FDIC-insured bank(s) where we maintain Custodial Account(s) fail.
FDIC pass-through insurance does not protect you against the risk of our insolvency. In the unlikely event of our insolvency, funds we place in a Custodial Account should be protected from claims by our creditors; however, it is possible that funds that we hold before placement in a Custodial Account will not be protected from claims by our creditors. Even if funds in your Circle Account (whether held by us or held in a Custodial Account) are protected from claims by our creditors, in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings are ongoing.
FDIC pass-through insurance also does not protect you against the risk that an attempted funding of your Circle Account might fail to complete or be reversed (for example, if a deposit that you complete with us is dishonored or a related credit is reversed after initial honor).
When you add funds to your Circle Account, we will place the funds into custodial accounts we maintain for the benefit of Circle users at one or more FDIC-insured banks. If one of the banks in which we have placed your funds fails, your funds should be insured by the FDIC up to the maximum per-depositor coverage limit (currently $250,000 in most instances).
Circle is not a bank, and FDIC insurance does not protect you against the risk of our insolvency. Also, when you add funds to your Circle Account, it will take us approximately one business day to place your funds into a custodial account. Your funds will not be insured by the FDIC until we deposit them into the account we maintain at the FDIC-insured bank.
Section 12 applies only to account balances held in bitcoin, not U.S. Dollars. All bitcoin insurance is maintained by Circle Inc.
In the event that any bitcoin held in your account are lost or stolen as a result of a direct breach of Circle Inc.’s digital or physical storage facilities, the entire balance of your account is fully insured, subject to the terms and conditions of Circle Inc.’s insurance policy with Marsh Insurance. If your bitcoin are lost or stolen as a result of your own failure to maintain proper security protocols in accordance with Section 5, such loss is not covered by Circle Inc.’s insurance. Account balances held in bitcoin are not covered by Federal Deposit Insurance Company (FDIC) deposit insurance or any other government insurance scheme.
If Circle Inc.’s security measures are compromised, we have you covered up to your full bitcoin account balance. If someone is able to gain access to your account by gaining direct access to your phone and computer, or otherwise, that is not covered by our insurance.
Circle reserves the right to change the deposit, withdrawal, conversion, storage, and velocity limits on your account as we deem necessary. We may establish individual or aggregate transaction limits on the dollar amount or number of deposits or withdrawals you make during any specified time period.
A “velocity limit” relates to the speed and frequency of transactions. If you are making 1,000 deposits per day, we might need to slow you down a bit.
We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any deposit or withdrawal without prior notice and may limit or suspend your use of one or more Services at any time, in our sole discretion. Suspension of your use of any of the Services will not affect your rights and obligations pursuant to this Agreement. We may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement.
If at any point your account has a negative balance (as a result of a deposit being charged back, rejected, reversed or otherwise), Circle may deduct amounts you owe from the balance of your account from funds you subsequently deposit or receive into your account or from any other Circle Account that you hold. If Circle requests that you complete a deposit in order to resolve a negative balance issue and you fail to do so, you authorize Circle to initiate a deposit in the amount of such deficiency from your linked bank account, or debit card. If you have more than one account, Circle may set off the negative balance in one account by using any balance that you hold in your other accounts (and then close such additional accounts). If you deposit or receive funds in a different currency than the currency which has a negative balance (for example, having a negative U.S. dollar balance and receiving Euros into your account) then Circle will automatically convert such funds at the then-prevailing Circle exchange rate in order to offset such negative balance. To secure your performance of this Agreement, you grant to Circle a lien on and security interest in and to the balances in your account.
For example, if you have a USD -$100 negative balance as a result of a $100 deposit made into your account that was reversed, and subsequently receive Euros into your account, such Euros will be automatically converted into U.S. Dollars at the then current Circle exchange rate to offset the -$100 balance.
In the event that Circle is forced to engage a third party to assist with the recovery of any negative balance, overdraft or chargeback, you will be charged any fees or expenses that are incurred by Circle in connection with such recovery efforts, including, but not limited to, collection fees or convenience fees charged by third parties. You hereby explicitly agree that all communication in relation to a delinquent account will be made by electronic mail or phone. Such communication may be made by Circle or by any third party acting on its behalf, including but not limited to a third party collection agent. Note that if Circle is forced to engage such third parties in connection with recovering amounts that you owe Circle, your credit may be negatively impacted.
Once a transaction has been initiated, it cannot be reversed. Deposits using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. Except as set forth in this Agreement, all payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your transactions by logging into your Circle Account.
In connection with your use of Services, you hereby agree that you will not:
Using the Services to make the following types of payments is prohibited, and Circle reserves the right to monitor for payments that relate to:
We understand that gambling may be legal in your jurisdiction, but unfortunately we cannot allow you to use Circle in connection with these activities.
Using Circle to send $20 to one friend on behalf of another friend is okay, but if you are frequently accepting funds from people to send on their behalf, you might be violating state money transmission laws - so we can’t allow that.
In the event that Circle learns that you are making any such prohibited payments, Circle may suspend or terminate your Circle Account.
If an Unauthorized Transaction (as defined below) or Error (as defined below) occurs through your account, and you follow the procedures set forth in this Section 19, Circle will reimburse you for the amount of any eligible Unauthorized Transaction and any losses resulting from an Error, subject to the limitations set forth in this Section 20.
What Constitutes an Unauthorized Transaction or Error?
For purposes of this Section 19, “Unauthorized Transaction” means a transaction that was initiated from your account without your authorization and that does not benefit you.
For example, if someone steals your phone and makes a payment without your permission, it would constitute an Unauthorized Transaction. However, if you share your login credentials with someone who then sends money without your permission, that would not constitute an Unauthorized Transaction.
For purposes of this Section 19, an “Error” means one of the following: (i) if your bank account, debit card or credit card is charged for a deposit, Circle receives the funds, but it doesn’t show up in your account, (ii) if you complete a withdrawal and the funds are not properly delivered by Circle to your bank account, debit card or credit card, (iii) if you send a payment and we debit your account for an amount in excess of the send amount, (iv) if you receive a payment and we do not add the proper amount to your account, (v) if the transaction records in your Circle Account do not accurately reflect your transactions, or (vi) there is some other material mathematical or computational error by Circle.
Notifying Circle of an Unauthorized Transaction or Error
You should notify us immediately if you believe that (i) an Unauthorized Transaction or Error has occurred, (ii) your password and/or two-factor authentication access has been compromised, (iii) a device on which you have downloaded the Circle app or which contains an active Circle session has been stolen or lost, or (iv) you believe there is an Error in your transaction records or account history, or you have a question regarding your transaction records or account history.
Remember, if your Circle-enabled phone is ever lost or stolen, in addition to notifying Circle immediately, you can also login on another device and force all other active devices and sessions to be logged out through the Settings menu.
In order for Unauthorized Transactions or Errors to be covered by Circle, you must notify us within sixty (60) days of such Unauthorized Transaction or Error showing up in your transaction history and/or account statement. If you do not notify us within sixty (60) days, then you will not be covered by the protections of this Section 19.
The fastest and most efficient way to notify us of an Unauthorized Transaction or Error is to contact Support via email at [email protected]. You can also notify us by phone during our phone support hours by calling 1-800-398-7172 or by sending an old fashioned letter to Circle Internet Financial, Inc., PO Box 52235, Boston, MA 02210. If you choose to notify us by phone, we may require that you follow up any phone discussion with a written confirmation within ten (10) business days so that we have a documented record of your notification.
However you choose to notify us, you must include: (i) the name, email and phone number associated with your Circle Account, (ii) a detailed description of what Unauthorized Transaction or Error you believe occurred, or what information you need in order to determine if an Unauthorized Transaction or Error occurred, and (iii) the dollar amount of such Unauthorized Transaction or Error.
Note that in connection with investigating and/or resolving any Unauthorized Transaction or Error, we may need to request further information from you regarding the circumstances of the Unauthorized Transaction or Error. If you do not provide such additional information, it may inhibit our ability to resolve your issue or your rights under this Section 19.
Steps Circle Will Take Following Notification
Once you have provided us with proper notification (including delivering all of the information set forth in the subsection above and responding to any requests for further information), we will investigate the potential Unauthorized Transaction or Error. We will typically be able to complete our investigation within ten (10) days, but may require up to thirty (30) days if your account is new (meaning your account has been open for less than thirty (30) days at the time we receive your notification).
Sometimes, we may need more time in order to complete our investigation (up to thirty (30) days, or sixty (60) days for a new account). If we need to take more than ten (10) days to investigate your claim (or thirty (30) days for new accounts), we will provisionally credit your account with the amount of such Unauthorized Transaction or Error.
Once we have completed our investigation, we will notify you of our decision within three (3) business days. If we have determined that your claim of an Unauthorized Transaction or Error is valid and eligible, we will credit your account for the amount of the Unauthorized Transaction or Error, subject to the limitations set forth below. If we have already provisionally credited your account and determine that your claim of an Unauthorized Transaction or Error is valid and eligible, you will be allowed to keep such provisional credit. If we have already provisionally credited your account and determine that your claim of an Unauthorized Transaction or Error is not valid and/or eligible, the amount provisionally credited will be debited from your account.
Regardless of the results of our investigation, we will send you an email explaining the basis for our decision. If you have any questions or concerns regarding our decision, you can request further information regarding the details that led to our decision.
Errors We Discover
If we discover an Error on our own that results in you receiving less than the amount of funds to which you are entitled, we will rectify it by crediting your account for the difference. If we discover an Error on our own that results in you receiving more than the amount of funds to which you are entitled, we will rectify it by debiting your account for the difference.
Your Liability for Unauthorized Transactions
Your liability for Unauthorized Transactions is determined by how quickly you report it to us. If you tell us within two (2) business days after you learn of the compromise of your account or login credentials, you can lose no more than $50 if someone used your login credentials without your permission. If you do NOT tell us within two (2) Business Days after you learn of the compromise of your account or login credentials, and we can prove we could have stopped someone from using your account without your permission if you had told us, you could lose as much as $500.
Due to these limitations, you should always keep a close eye on your Circle account, push notifications, email receipts and monthly account statements that you receive from Circle to make sure that such transactions are authorized or so that you can avail yourself of the full benefits of this Section 19.
If a payment that you receive is later invalidated for any reason, you are responsible to Circle for the full amount of such payment. This means that if the sender disputes the authorization for transaction or initiates a chargeback with their bank or card issuer, you may be liable for the full amount of such payment. If it is determined that such transaction was unauthorized or the chargeback is validated by the sender’s bank or card issuer, you authorize Circle to recover any amounts due to Circle by deducting such amount from your Circle Account balance. In the event that your Circle Account balance is not sufficient to cover the full amount, you authorize Circle to reverse any withdrawals or require you to take other steps to reimburse Circle. If Circle is unable to recover the full amount that is owed, Circle may take additional steps including the initiation of legal actions to recover the full amount, to the extent allowed by applicable law.
Bitcoin is a decentralized currency that operates on open source software protocols which can be used, modified or adapted by anyone; provided that certain changes require a certain amount of consensus among the parties using and supporting the bitcoin network. As a result of the decentralized nature of bitcoin it is possible that sudden, unexpected or controversial changes (“forks”) can be made to bitcoin. It is also possible that such forks result in multiple versions of “bitcoin” existing simultaneously. By using Circle you acknowledge and agree that: (i) Circle does not own or control the bitcoin network and is not responsible for any losses you may incur as a result of the functionality or security of the bitcoin network and (ii) Circle is not responsible for forks or changes to the bitcoin network, any of which may result in significant and sudden changes to the value and/or usability of bitcoin.
Circle will maintain a record of your transaction history, which you will be able to access through your Circle Account for purposes of making any required tax filings or payments, but it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. Circle will make any tax withholdings or filings that we are required by law to make, but Circle is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
You agree to indemnify and hold Circle, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the Services.
For the purpose of this Section 23, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section which are the result of the matters set out in this Section 23 and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
“Indemnify” means to compensate someone for the harm or loss they may suffer. If you breach this Agreement or violate the law and it results in Circle facing claims or expenses, you agree to cover those losses.
If you have a dispute with one or more users or third parties, you release Circle (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
You hereby expressly waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
If you have a dispute with anyone other than Circle, you release us from liability associated with that dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CIRCLE AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.
We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses. So if we do something wrong that costs you $100, our liability is limited to that $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. CIRCLE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CIRCLE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
We cannot guarantee that Circle is always going to meet your demands. As we grow we will likely add new services, change certain features and drop old features. We hope you are always happy with Circle, but we can’t contractually guarantee you will be.
Circle will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but Circle makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
Circle shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.
This section allows our lawyers to demonstrate that not all legal terms are Latin. Some are French.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought, in an individual capacity only, and not on a class-wide or representative basis, in the courts specified in Section 36 without the posting of a bond), any dispute between you and Circle related in any way to, or arising in any way from, our Services or this Agreement (“Dispute”) shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the American Arbitration Association (“AAA”) rules for arbitration of consumer-related disputes (available from AAA on its website at www.adr.org), as modified by this Agreement, or in accordance with rules on which we may mutually agree; provided, however, that to the extent a Dispute is within the scope of a small claims court’s jurisdiction, either you or Circle may commence an action in small claims court, in the county of your most recent physical address, to resolve the Dispute.
Any arbitration will be conducted by a single, neutral arbitrator and shall take place in the county of your most recent physical address. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. An arbitral decision is subject to very limited review by a court. This Agreement evidences a transaction involving interstate commerce, and therefore, the Federal Arbitration Act (“FAA”) applies to this Agreement, including the agreement to arbitrate set forth in this Section 26. We each agree that the FAA, and not state law, shall govern whether a Dispute is subject to arbitration.
If there is a dispute, it will be solved by a single, neutral arbitrator, and not in a courtroom.
We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised User Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.
If the revised Agreement includes a material change we will provide you with prior notice via our website and/or email before the material change becomes effective. For this purpose a “material change” means a significant change other than changes that (i) are to your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or service made available to you, or (iv) to otherwise clarify an existing term.
As Circle grows and offers new products and services, we will need to make changes to this Agreement. If we make a big change, we’ll let you know by email. You can always tell when this Agreement was last changed by checking the “Last Updated” date at the top of the Agreement.
You may not transfer or assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign this Agreement and the rights and obligations of this Agreement to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this Agreement by contacting support and asking us to close your account.
Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
If you grant express permission to a third party to connect to your account, either through the third party's product or through Circle, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Circle responsible for, and will indemnify Circle from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
Circle strives to provide accurate and reliable information and content on the Circle website, but such information may not always be correct, complete, or up to date. Circle will update the information on the Circle website as necessary to provide you with the most up to date information, but you should always independently verify such information. The Circle website may also contain links to third party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by Circle of any products or services. Circle shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Circle website or in any Third Party Content.
From time to time we might post helpful links or articles on our website, but you should investigate those sources on your own.
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the the Services solely for approved purposes as determined by Circle. Any other use of the Services is expressly prohibited. Circle and its licensors reserve all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by Circle, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. "Circle.com", "Circle", and all logos related to the Services are either trademarks, or registered marks of Circle or its licensors. You may not copy, imitate, or use them without Circle's prior written consent. All right, title, and interest in and to the Circle website, any content thereon, the Services, and all technology and any content created or derived from any of the foregoing is the exclusive property of Circle and its licensors.
We grant you access to use all of our products and services, but we still own the intellectual property associated with these products and services.
If Circle is holding funds in your account, and Circle is unable to contact you and has no record of your use of the Services for several years, applicable law may require Circle to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Circle will try to locate you at the address shown in our records, but if Circle is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Circle reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
If you haven’t logged into your Circle Account for a number of years and we are unable to get in touch with you, state law might require us to consider your account abandoned and we might then be required to transfer your account balance to your state.
The Services are subject to United States Export Administration Regulations, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if (i) you are a resident, national or agent of Cuba, North Korea, Sudan, Syria or any other country to which the United States embargoes goods (“Restricted Territories”), (ii) you are on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals (“Restricted Persons”), or (iii) you intend to transact with any Restricted Territories or Restricted Persons.
The laws of the Commonwealth of Massachusetts and applicable United States federal law, including the Federal Arbitration Action as specified herein, shall govern this User Agreement. Except for those disputes that shall be resolved in arbitration or in small claims court pursuant to Section 26, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts, provided that any claims or disputes shall be subject to the arbitration provisions set forth in Section 23.
The details of Circle LLC’s money transmitter license can be found on the Licenses page found at: https://www.circle.com/en/legal/us-ca-licenses.
Virtual currency (bitcoin) activity is not currently regulated by the California DBO as money transmission. So while you can still use your Circle for holding, sending and receiving bitcoin, such activities are handled by Circle Inc. and are not covered under the license held by Circle LLC. This means that Circle Inc.’s operations involving bitcoin are not subject to the same restrictions and requirements as Circle LLC’s operations involving U.S. Dollars, and the same rights and remedies will not be available to you.
If you have complaints with respect to any aspect of the money transmission activities conducted by Circle LLC, you may contact the California Department of Business Oversight at its toll-free telephone number,1-800-622-0620, by email at [email protected], or by mail at the Department of Business Oversight, Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814.
You, the customer, are entitled to a refund of the money to be transmitted as the result of this User Agreement if Circle LLC does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you.
If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money.
If you want a refund, you must mail or deliver your written request to Circle Payments, LLC at PO Box 52235, Boston, MA 02210. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney's fees pursuant to Section 2102 of the California Financial Code.
While customers in Wyoming can transact in bitcoin, customers in Wyoming are not permitted to hold an account balance in bitcoin. With respect to all bitcoin-related activities for Wyoming customers, Circle Inc. is acting as an authorized delegate of Circle LLC in processing such transactions.
Please contact Support to report any violations of this User Agreement or to ask any questions regarding this User Agreement or the Services.
Summary of Changes (7 March 2017)
The following represents a high level summary of some of the changes incorporated into this updated User Agreement. Please read the User Agreement in its entirety to understand all of the rights and obligations that now apply to your use of Circle.
Revisions to the limitations and requirements of the Unauthorized Transaction Policy (Section 20).