TERMS OF USE

A. Overview

This Terms of Use Agreement ("Agreement") governs your use of the digital products and services offered by My Circle, LLC d/b/a Eljo ("Eljo," "we" or "us"), including the Eljo application (including any related service, feature or functionality of the application) (the “App”) and any products or services of Eljo that display this Agreement (collectively with the App, the "Services"). This Agreement constitutes a legal agreement between you and Eljo.

By viewing, interacting with, creating an account or a subscription to use, providing content or information to, or otherwise using the Services, you signify that you have read, understood and agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use or access (or continue to access) the Services. Your use of the Services is also governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference.

We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using the Services after such changes are posted, you agree to be bound by the changes. This Agreement was last modified on the Effective Date set forth below.

B. Your Account

  1. License: Subject to the terms of this Agreement and any additional terms displayed in the App, during the sign up for the App, or as provided to you, we grant you a limited, non-exclusive, non-transferable, revocable license to use our Services.
  2. Eligibility: By using the Services, you agree that you are at least 18 years of age and fully capable of entering into a legally binding contract. Your account is for your personal, individual use only. You may not permit any third parties to use your account, and you may not share your account, password or login information with any third parties. You may not provide inaccurate or incomplete information when creating or maintaining an account with us, and must update your information if it changes.
  3. Cancellation of Accounts: You or Eljo may cancel your account at any time. To cancel your account, please email us at support@Eljoapp.com with the following subject line: Cancellation of Account. Eljo, in its sole discretion, may close user accounts, suspend account activity, or change eligibility requirements at any time – with or without cause. Cancellation of your account terminates your license to use the Services, but does not terminate your obligations under this Agreement other than any obligation to pay for future Services.
  4. Account Use and Password: You are responsible for keeping your account login and password information confidential. You are responsible for any use of your account or the Services by anyone using your account password, email address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact Eljo immediately.
  5. Contact: By creating an account, you agree that Eljo may contact you by email, postal mail, phone, text or other methods, regarding updates, discounts, and other information pertaining to the Services. If you do not wish us to contact you by phone or text, please email at us at support@Eljoapp.com to let us know.
  6. Payment: At present, there is no charge to use the Services. If we eventually charge for subscriptions, in-app purchases or other products or services relating to the Services, such charges will be listed in the App, in the sign-up information you receive when signing up for the Services and/or in correspondence we send you at the email address you use for your account. We may change our fees at any time by posting a new fee structure in the App or by contacting you at the email associated with your account. You will be subject to the new fee structure unless you cancel your account before it goes into effect. If you are to be charged for a subscription or purchase, you will provide us with your valid credit card information and authorize us to deduct your payments from that credit card. If we are unable to process your credit card, we will suspend your account pending processing of your payment. You agree to submit any disputes about payments to us in writing within sixty (60) days of the payment and that any disputes not submitted to us in writing within that period are waived. You are responsible for any sales or use taxes that may be associated with your subscription or use of your account. We will not collect or submit any such taxes on your behalf.
  7. Refunds: Refunds may be issued in our sole discretion upon account cancellation or termination. To request a refund, you must contact us at support@Eljoapp.com within 30 days of your account cancellation or termination. If Eljo determines that a refund shall be issued, any unused fees paid in advance will be refunded on a pro rata basis. No refunds will be issued more than 30 days after cancellation or termination of an account.
  8. Multiple Accounts: You may not open multiple accounts. If we have cancelled your account for breach of this Agreement or another cause, you may not open another account.

C. Submission and Sharing of Your Content

The Services allow you to submit content (for example – posts, chats, photos, videos, and profile content, along with messages to others in your Circle). Please note that there are certain restrictions on your use of the Services relating to such content.

  1. Standards: You agree not to submit any content that: (a) infringes on any intellectual property, publicity, privacy, moral (droit moral) or other legal rights of any users of the Services or any other third-parties; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, offensive, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) offers to sell illegal goods or services; (g) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (h) constitutes unsolicited junk or bulk email ("spam"); or (i) is tortious or criminal.
  2. Compliance with Laws: You may not use the Services for any unlawful or discriminatory activities. You agree that your use of the Services will comply with all applicable laws and regulations, and that it is your responsibility to determine if your use of the Services complies with such laws and regulations. You agree that Eljo is not responsible if you use the Services in a manner that does not comply with applicable laws and regulations, and you agree to defend and indemnify Eljo in the event of a legal claim arising from or relating to your unlawful use of the Services.
  3. License: You retain all ownership and copyrights in the content that you submit to us. By submitting content to us, you grant Eljo a license to use it as part of the Services, use it for our internal purposes (including but not limited to review to ensure compliance with this Agreement), and use it to promote or otherwise benefit Eljo (collectively, the "Uses"). More specifically, by submitting content to us, you agree that we have a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to use the content for the Uses -- including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised for purposes of the Uses. You further agree that Eljo and its licensees have the right to use your name and likeness in connection with Eljo’s publication, display, modification, distribution or other use of such content for purposes of the Uses. Eljo is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to Eljo (whether directly or through its third party service providers) for purposes of the Uses without compensation or remuneration. You agree that in the event that we sell or transfer our company, in whole or in part, the license that you granted us in this section may be sold or transferred as well without further approval by you, and that the Uses would then become the Uses of our transferee or successor.
  4. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against any and all claims relating to (i) any content that you submit to us or the Services; (ii) any communications you send through or using the Services, and/or (iii) your products or services.
  5. Monitoring of Content / Removal: You agree that Eljo has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Services. You further agree that Eljo may, in its sole discretion, review, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.
  6. Release: You agree to release Eljo and its officers, directors, employees, partners, limited partners, shareholders, owners, members, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, agents, attorneys and representatives from any and all liability and obligations whatsoever in connection with or arising from Eljo’s use of the content for the Uses or non-use of content submitted by you or any third party.
  7. Privacy: Other than as set forth in the Privacy Policy [LINK], Eljo may treat any submission and/or communication between you and Eljo as non-confidential and non-proprietary. In particular, emails, marketing communications, text messages, phone calls, chats, posts, correspondence, communications through or using the Services, or other submissions will not be considered confidential. Specifically, you understand and agree that submissions to or through the Services may be viewed by Eljo and its representatives, as well as by other users of the Services and other third parties. You are solely responsible and liable for the consequences of posting content on or using the Services.
  8. No Endorsement / Recommendation: Eljo does not endorse, recommend, or take any responsibility for any content submitted to (including through) the Services by any third-party (including you), even if Eljo displays such content.

D. Reporting Abuse / Copyright Infringement - DMCA Notifications

  1. Abuse: If you believe that someone is violating this Agreement, please notify us immediately at support@Eljoapp.com. You agree, however, that Eljo has no obligation to take action in response to your request or to enforce these terms.
  2. Copyright Infringement / DMCA: If you believe in good faith that your copyrighted work has been reproduced through the Services without authorization in a way that constitutes copyright infringement, then please send a notice of copyright infringement to Eljo’s designated copyright agent, Edward Fenno, Esq., Fenno Law Firm, LLC, P.O. Box 20220, Charleston, South Carolina 29413, email: efenno@fennolaw.com. (This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere in the Services.) Your notice of copyright infringement should contain the following information:
    1. Identification of the work or material being infringed.
    2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Eljo is capable of finding it and verifying its existence.
    3. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
    4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
    5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
    6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

E. Intellectual Property

  1. Eljo’s Intellectual Property: All content included in or through the Services, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of Eljo and/or its third-party content providers. The trademarks ELJO and ELJO LEADER IN SOCIAL COMMUNICATION, as well as the business names, logos, slogans, trade dress and all other marks on the Services are trademarks of Eljo or its third-party content providers.
  2. Prohibitions on Use of Eljo’s Intellectual Property: No portion of the Services may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by Eljo. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from the Services.

F. Disclaimer with Respect to Advertisers, Contractors and Other Third Parties

You agree that Eljo is not responsible for the actions or inactions of Apple, Connectycube, Firebase Authentication, or any other contractors, subcontractors, advertisers, developers, hosts, freelancers, licensors, licensees or other third parties that may contract with Eljo or its affiliates or may otherwise provide information or services to or through the Services, even if such third parties provide content to or linked to the Services. You agree that your sole course of action with respect to such third parties will be against them directly. You further agree that you will abide by the terms of use and privacy policies, if any, that these third parties have provided for their website or services, but that in the event of a conflict between their terms and this Agreement, this Agreement applies.

G. Disclaimer with Respect to Other Apps, Sites and Content

The Services may link to third-party applications, websites and/or content that are not part of the Services. Eljo has not reviewed all of the apps, sites or content that may be accessed from or linked to the Services. You agree that Eljo is not responsible for the content or use of any third-party apps, websites or content (including without limitation any text, images, information or data). Viewing of any and all other apps, websites or content shall be at your own risk.

H. Prohibited Uses

In addition to any prohibitions on use stated in other areas of this Agreement, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Services to anyone without the express prior written consent of Eljo. You may not use or permit the use of the Services (a) to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; or (c) for the purpose of publicly revealing personally identifiable information or other private information about any individual.

I. Suspension of Use / Enforcement of Terms

Eljo may at any time, for any reason, suspend or terminate your further use in whole or in part of the Services. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of the Services. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against Eljo for any failure by us to enforce this Agreement, whether against you or a third party. Eljo’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances. In the event that your account is terminated, in our discretion we may delete or chose not to delete any information or content that you have submitted to us, including without limitation any chats, posts, photos, videos or other content. If we suspend or terminate your use of the Services due to your breach of this Agreement, or due to our good faith belief that you have breached this Agreement, then you will not be entitled to a refund of any fees paid in relation to your use of the Services. You agree to pay all of our collection costs, including reasonable attorneys’ fees, in association with your use of the Services.

J. Access Limits

Without Eljo’s express consent, you may not affect access to or display of the App or other Services. Under no circumstances may you:

  1. derive or attempt to derive the source or object code, source files or structure of the Services or their content by reverse engineering, disassembly, decompilation or any other means;
  2. copy, index, crawl, or scrape (or use a device or program that does any of those things) the Services;
  3. attempt to access the accounts of others, or attempt to penetrate security measures of the systems of Eljo or its affiliates or contractors ("hacking"), whether or not the intrusion results in corruption or loss of data;
  4. restrict or inhibit any other subscriber or user from using the Services;
  5. transmit to Eljo or by means of the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission;
  6. interfere with or disrupt the Services;
  7. remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Services;
  8. use the Services to violate any applicable law or third-party rights, terms of service/use or policies;
  9. attempt to circumvent our fee structure; or
  10. engage in any other conduct which, in our sole discretion, exceeds the scope of the license granted to you hereunder or which interferes with or affects the Services.

K. Parental Control Provisions

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.

L. Disclaimer of Warranties and Limitations of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Eljo (including without limitation, for purposes of this Section L of the Agreement, Eljo and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering the Services or any of the content, products or services available on or through the Services) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, ELJO MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THE SERVICES, (ii) AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SERVICES; (iii) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES; (v) THAT THE CONTENT OF THE SERVICES DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (vi) THAT THE SERVICES, THEIR SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF ELJO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ELJO DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ELJO.

YOU AGREE THAT ELJO IS NOT RESPONSIBLE FOR YOUR COMPLIANCE WITH OR BREACH OF ANY LICENSE OR TERMS OF USE OR POLICIES OF ANY THIRD PARTIES OR ANY THIRD PARTY SERVICES OR ANY LAWS, REGULATIONS OR RULES. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL ELJO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ELJO’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF ELJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF YOUR LAST TWELVE (12) MONTHS OF PAYMENTS TO ELJO (IF ANY) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, BUT MAY BE LIMITED IN SOME JURISDICTIONS.

M. Defense/Indemnification

You agree to defend, indemnify, release and hold harmless Eljo (including without limitation, for purposes of this Section M of the Agreement, Eljo, and its officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering the Services or any of the content, products or services available on or through the Services) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of the Services or any content that you submit to or obtain from the Services. Eljo reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Eljo in asserting any available defenses and will pay all of Eljo’s attorneys’ fees and costs in such defense.

N. Severability

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

O. Law and Jurisdiction

You agree that the laws of the State of South Carolina will govern this Agreement and your use of the Services. The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Services. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action. In the event that we prevail in an action against you arising from or related to the Services or this Agreement, you agree to pay our costs and reasonable attorneys’ fees incurred in such action and incurred in the collection of any related judgment.

P. International Use

Eljo makes no representation that the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using the Services from territories where it is illegal to do so is prohibited. Any offer for a product or service through the Services is void where prohibited. Use of the Services is done at your own risk and you are responsible for compliance with all local laws, including all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you are located.

Q. Security

We have taken reasonable precautions to attempt to prevent security breaches in our Services. Nonetheless, Internet data transmission is not 100% secure, and no computer networks are fully secure against third party hackers. As a result, no assurance is given as to the privacy or security of any personal information, health information, financial data or other information that you use with or provide to the Services -- whether stored on our computers or devices, or whether being delivered by email or otherwise. You are solely responsible to maintain any security procedures that you deem appropriate, such as encryption of data, to protect your data. You agree to notify us immediately of any potential security breach of which you are aware. In the event of a security breach that may affect you, we will notify you of the breach and provide a description of what happened.

R. Assignment

You agree that this Agreement and all rights and licenses provided to Eljo under this Agreement are fully and freely assignable and sub-licensable by Eljo without further compensation or notice to you. You may not assign your rights or obligations under this Agreement to anyone else.

S. Integration and Modification

Except as otherwise specified herein or in a written agreement signed by Eljo, this Agreement constitutes the entire agreement between you and Eljo with respect to the Services, and supersedes all prior or contemporaneous communications or proposals between you and Eljo with respect to the Services. You may not modify this Agreement other than by obtaining Eljo’s signed, written consent to such a modification.

T. Notice/Contact

Eljo can be contacted at support@Eljoapp.com.

Eljo is entitled to assume that any contact information that you provide to us is correct, and Eljo may contact you at such address, email address, phone number or other contact information. Notice to you will be considered given when sent.

U. Effective Date

These Terms of Use are effective May 22, 2023 (the “Effective Date”).

Copyright © 2026, My Circle, LLC. All rights reserved.