Terms & Conditions
These Terms & Conditions (“Terms”) govern your access to and use of the website, portals, and services provided by American Circular, Inc. (“American Circular,” “we,” “us,” or “our”), including americancircularsolutions.com, americancircular.ai, and any related applications, dashboards, or APIs (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms.
1. Eligibility and Accounts
You must be at least 18 years old and authorized to bind any organization on whose behalf you access the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
2. Services
American Circular provides AI-enabled IT asset disposition (ITAD), electronics recycling, certified data destruction, material recovery, and related reporting and compliance services. Specific scope, pricing, certifications, and service-level commitments are governed by the applicable order form, statement of work, or master services agreement (“Order”) executed between you and American Circular. In the event of a conflict between these Terms and an Order, the Order controls with respect to its subject matter.
3. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
- Submit equipment containing material that is hazardous, radioactive, biohazardous, or otherwise unsafe outside of agreed-upon hazmat handling protocols;
- Reverse engineer, decompile, scrape, or interfere with the Services or any underlying systems;
- Misrepresent your identity, authority, or the chain of custody of equipment delivered to American Circular.
4. Intellectual Property
The Services, including all software, dashboards, designs, text, graphics, logos, and the Electronics Intelligence Database, are the exclusive property of American Circular and its licensors and are protected by U.S. and international intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms and any applicable Order.
5. Customer Data and Confidentiality
You retain ownership of all data you submit to the Services (“Customer Data”). You grant American Circular a worldwide, royalty-free license to use Customer Data solely as necessary to provide and improve the Services, generate reports and certificates of destruction, and comply with applicable law. Each party will protect the other’s confidential information using at least the same degree of care it uses for its own confidential information of like kind, and in no event less than reasonable care.
6. Data Destruction and Chain of Custody
Where data destruction is included in the applicable Order, American Circular performs media sanitization in accordance with NIST SP 800-88 and issues a Certificate of Destruction upon completion. Equipment is tracked through chain-of-custody logging from pickup through final disposition. Specific destruction methods, retention windows, and audit availability are governed by the Order.
7. Disclaimers
EXCEPT AS EXPRESSLY SET FORTH IN AN ORDER, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AMERICAN CIRCULAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or that AI-generated valuations or classifications will be accurate in every case.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMERICAN CIRCULAR’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO AMERICAN CIRCULAR FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL AMERICAN CIRCULAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to indemnify and hold harmless American Circular and its officers, employees, and agents from any third-party claim arising out of (a) your breach of these Terms; (b) your violation of applicable law; or (c) the content, condition, or hazardous nature of equipment you deliver to American Circular outside of agreed-upon protocols.
10. Termination
We may suspend or terminate your access to the Services at any time for breach of these Terms or applicable law. You may stop using the Services at any time. Sections that by their nature should survive termination will survive, including Sections 4 (Intellectual Property), 5 (Confidentiality), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), and 11 (Governing Law).
11. Governing Law and Disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in Hillsborough County, Florida, and the parties consent to the personal jurisdiction of those courts.
12. Changes
We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision. Material changes will be communicated through the Services or via email. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms? Contact us at info@americancircular.ai or write to American Circular, Inc., Tampa Bay, Florida.