Legal Policies

Under the jurisdiction of Scots Law

Effective Date: Wednesday 10th September 2025

Version: 1.0

These Terms and Conditions (“Terms”) govern your access to and use of Circlana’s Platform and Services including but not limited to Website, landing pages, social media and emails. By subscribing to or using Circlana (“we”, “us”, or “our”), you agree to be legally bound by these Terms, our Privacy Policy, and any applicable Service Agreements or Data Processing Agreements.

If you do not agree to these Terms, you must not use our services or platform.

Circlana’s services are for business users only and are not intended for individual consumers.

1. Definitions

In these Terms:

“Users” means the individual (sole trader) or business that registers for a Circlana account or uses Circlana in any capacity.

“Platform” refers to Circlana’s white-label High Level software and associated services.

“Services” means all SaaS platform access, onboarding, technical support, automation setup, done-for-you work, training, and consultancy delivered by Circlana.

“Add-Ons” means optional features, integrations, or usage-based services that incur additional fees (e.g. SMS credits, WhatsApp templates, AI tools).

“Data Protection Laws” means the UK GDPR, Data Protection Act 2018, PECR, and all related laws applicable in Scotland.

“Third-Party Services” refers to external platforms integrated into Circlana, such as Meta, Google, Twilio, WhatsApp, Stripe, and other software.

2. Services and Subscription Plans

2.1 Core Services

Circlana provides multiple types of services including but not limited to:

SaaS access - Subscription to the Circlana platform (powered by High Level) with CRM, funnels, automations, reporting, and client management tools.

Done-for-You services - Setup, strategy, builds, email automations, integrations, and onboarding support.

Educational resources - Events, masterclasses, courses, templates, etc.

2.2 Membership Plans

Your subscription tier, usage limits, and inclusions are detailed on our “plans” section. These may include limits on:

Email allowance

Business accounts

Team members

Users are responsible for any third-party integration costs or additional services beyond their plan. Email allowances can be increased at the rate of £3 per 5,000 emails. For usage limit increases or additional services, contact [email protected]

Email allowance as of September 2025 is 10,000 for Core, 20,000 for Complete.

2.3 Third-Party Integrations

Our platform may integrate with Third-Party Services (e.g. WhatsApp, Facebook, Google). We are not responsible for their availability, security, pricing, or data handling. Users are responsible for reviewing and accepting the terms of any Third-Party Services you connect.

3. Payment, Billing and Renewals (updated)

3.1 Fees

All subscription fees (“Fees”) are displayed at checkout and on our website. Fees are payable:

Monthly in advance, or Annually in advance (if selected).

3.2 Automatic Renewal

Subscriptions automatically renew unless cancelled in line with Clause 11. Renewal reminders will be sent to users on annual plans at least 30 days prior to their renewal date.

3.3 Payment Method

You authorise us to charge your nominated payment method on each billing date. It is the sole responsibility of the user to ensure that all payment methods are up to date.

3.4 Price Changes

We may update subscription fees or Add-On pricing by giving you at least 30 days’ notice by email. Continued use after the effective date means you accept the new fees.

3.5 Add-Ons & Usage-Based Billing

Some services (e.g. SMS, WhatsApp services, AI content, call forwarding) are billed separately on a pre-paid credit wallet basis or per-use pricing. Email allowances can be increased at the rate of £3 per 5,000 emails.

Users are responsible for all additional service costs and third-party integration fees. Contact [email protected] to increase usage limits or discuss additional services.

*Email allowance as of September 2025 is 10,000 for Core, 20,000 for Complete.

3.6 Refunds

Users are purchasing as business customers (i.e. not as a consumer), and therefore acknowledge that there is no automatic right to cancel or request a refund once payment has been made. All fees are non-refundable unless otherwise agreed in writing.

3.7 VAT Status

As of the publication date of these Terms, Circlana Ltd is not registered for Value Added Tax (VAT), and accordingly, subscription fees are exempt from VAT charges. Should the company obtain VAT registration status in future, we will:

a) Notify users via email at least 30 days before VAT is applied;

b) Honour any legacy subscription rates agreed before VAT registration, meaning your base subscription fee will remain the same; however, VAT will be added on top of your existing subscription fee where legally required.

4. Support and Onboarding (updated)

4.1 Standard Support

All Circlana users receive access to:

Email support (responses within 2 business days)

Live group support calls (depending on your plan)

Educational resources such as (but not limited to) masterclasses, online and in-person events, social media and FB group posts

4.2 Priority Support (Complete Plan Users)

Users on the Complete plan receive priority support for ticket-based requests. While we aim to resolve all tickets as quickly as possible, Complete users are placed as priority in the support queue.

4.3 Done-for-You Projects

Where we provide setup, builds, or automations, these are governed by a separate Service Agreement which may include milestones, timelines, and deliverables.

5. Your Responsibilities

As a user you hereby agree to:

Keep your account details secure and confidential. It is strictly forbidden to share your login credentials and any other person who is accessing an account must have their own registered login credentials.

Comply with all relevant Data Protection Laws when uploading or processing personal data through the platform.

Obtain all necessary consents before uploading customer data into the Circlana platform.

Not use the platform for any unlawful, abusive, or harmful purposes, including spam, fraudulent activity, or sending unauthorised marketing communications.

6. Data Protection and Privacy

6.1 Compliance

Both parties must comply with all applicable UK Data Protection Laws.

6.2 Controller vs Processor

Where you control the data uploaded into the Circlana platform, you are the Data Controller.

Circlana acts as a Data Processor and will process data only under your instructions.

6.3 Data Processing Agreement

Where we act as a Data Processor on your behalf (as defined in Clause 6.2), our processing of personal data is governed by a separate Data Processing Agreement (DPA), which forms part of our agreement with you. This DPA sets out the scope, nature, and purpose of processing, the duration, the types of personal data and categories of data subjects, as well as our obligations under UK GDPR and the Data Protection Act 2018. You must agree to the DPA prior to using our Platform and Services.

6.4 International Transfers

When we transfer data outside the UK, we ensure appropriate safeguards are in place, such as UK Addendum SCCs or ICO-approved International Data Transfer Agreements.

6.5 Data Breaches

We will notify you without undue delay if we become aware of a personal data breach involving your information.

6.6 Full Details

Our Privacy Policy explains in more detail how we handle personal data.

6.7 Your Data Rights

Under UK GDPR, you have rights to access, rectify, erase, port, and object to processing of your personal data. Contact [email protected] to exercise these rights.

6.8 Data Backup and Recovery

Users are responsible for maintaining backups of data.

7. Intellectual Property

7.1 Platform Ownership

All intellectual property rights in the Circlana platform remain ours or our licensors’.

7.2 Licence

We grant you a non-exclusive, non-transferable licence to use the platform for your business purposes during your subscription.

7.3 Content You Provide

You retain full ownership of your content. You grant us a limited licence to process and store it solely for delivering our services.

8. Third-Party Services

8.1 You acknowledge that:

Third-Party Services are governed by their own terms and policies.

Circlana is not liable for downtime, changes to pricing, rejected approvals, or data handling practices of Users or Third-Party Services.

Integrations are provided “as-is” and we make no warranties regarding their performance.

Sometimes the Circlana platform might go down for maintenance or experience technical issues. If our servers have problems, you might temporarily lose access to your account, and/or if we need to update our systems, there could be brief interruptions to service. If our platform experiences downtime, some or all features might be unavailable to users.

What we're not responsible for:

We do our best to keep Circlana running smoothly, but we cannot guarantee 100% uptime. We're not liable for any business losses, missed opportunities, or problems caused by platform downtime or technical issues.

What we’ll do:

We work quickly to restore service when problems occur and will communicate with you about any planned maintenance or unexpected outages.

If the platform is down:

Check our status page or contact support for updates on when service will be restored.

8.2 Social Media Scheduler Disclaimer

Our social media scheduling tool integrates with third-party platforms (e.g. Facebook, Instagram, LinkedIn, Google Business, etc). While we aim for all scheduled posts to publish as expected, Circlana cannot guarantee that posts will publish at the exact scheduled time due to third-party API delays, platform restrictions, or service outages and is not liable for any direct or indirect loss, damage, or missed engagement arising from delayed, failed, or incorrectly published posts.

8.3 Account Access and Privacy

Circlana will only access your account data in the following limited circumstances:

a) To provide technical support at your request

b) Where legally required by court order or regulatory authority

All access is logged, monitored, and subject to confidentiality obligations. We do not monitor, access, or review your account data for any other purpose.

9. Limitation of Liability

9.1 What We’re Liable For

We are liable for:

Death or personal injury caused by our negligence, as per the Unfair Contract Terms Act 1977

Fraud or fraudulent misrepresentation.

Any liability which cannot be excluded under Scots Law.

9.2 What We’re Not Liable For

We are not liable for:

Loss of profits, revenue, contracts, or goodwill

Business interruption or reputational damage

Third-party service failures

Indirect, incidental, or consequential losses

9.3 Liability Cap

Our total liability under these Terms is limited to the total subscription fees paid by you in the 12 months preceding the claim.

9.4 High Level Dependency

Circlana's platform is built on High Level's infrastructure. In the event of High Level service interruptions, outages, or discontinuation:

a) Circlana is not liable for any losses, damages, or business interruption resulting from High Level downtime or service failures.

b) We will make reasonable commercial efforts to communicate known outages and estimated restoration times.

c) No refunds, credits, or compensation will be provided for service interruptions caused by High Level or other third-party infrastructure providers.

d) Our liability is limited to our own actions and omissions, not those of our underlying service providers.

10. Confidentiality

Both parties agree to keep confidential information secure and not disclose it to third parties, except where legally required or to deliver agreed services.

11. Cancellation and Termination

11.1 Your Right to Cancel

You may cancel your subscription at any time by emailing us at [email protected] 

Access to the platform continues until the end of your billing period and no further payments will be taken.

11.2 Our Right to Terminate

We may suspend or terminate your access immediately if you:

Breach these Terms.

Fail to pay outstanding fees.

Misuse the platform.

Become insolvent.

11.3 Post-Termination

After termination:

Access to the platform will cease

Outstanding balances become immediately due

Data handling is managed in accordance with our Privacy Policy and applicable law

12. Governing Law and Jurisdiction

12.1 These Terms are governed by and construed under the laws of Scotland.

12.2 Any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.

13. Business Continuity and Data Portability

13.1 Service Discontinuation

In the event Circlana ceases operations, we will:

a) Provide at least 90 days' written notice

b) Maintain platform access during the notice period unless outwith our control

c) Provide technical documentation to facilitate transition

13.2 Data Export Rights

You may export your data at any time in standard formats (CSV, XML, JSON).

13.3. Force Majeure

Neither party shall be liable for delays or failures due to events beyond reasonable control, including natural disasters, government actions, or third-party service outages.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes to our services, legal requirements, or business needs. If we make material changes, we will notify you by email (where possible) and/or by posting a notice on our website or platform.

Your continued use of the Platform or Services after the effective date of any changes will constitute your acceptance of the updated Terms. If you do not agree to the revised Terms, you should stop using our services.

15. Entire Agreement

These Terms, together with our Privacy Policy, Data Processing Agreement, and any applicable Service Agreements, constitute the entire agreement between you and Circlana Ltd relating to the use of our Platform and Services. They supersede any prior agreements, understandings, or communications (whether oral or written) relating to the subject matter.

You confirm that you have not relied on any statement, promise, or representation not expressly set out in these Terms.

16. Contact Us

For any queries, please contact us at:

Circlana Ltd

2nd Floor

48 West George Street

Glasgow 

G2 1BP

[email protected]