1. Definitions

2. Acceptance of Terms

By accessing cirtyn.com, creating an account, installing the application, or clicking "I Agree" or a similar button, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you accept on behalf of an entity, you represent that you have authority to bind that entity. We may update these Terms at any time; continued use after an update constitutes acceptance.

3. Eligibility and Account Registration

3.1 Age Requirements

The Service is intended for users at least 18 years of age. Users aged 13–17 may use it only with verifiable consent of a parent or legal guardian. We do not knowingly permit use by children under 13, in compliance with COPPA.

3.2 Account Registration

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Notify us immediately at [email protected] of any unauthorized use.
• Accept responsibility for all activities under your account.

3.3 Enterprise Accounts

Enterprise Clients receive administrator accounts and are responsible for all use under their accounts and sub-accounts.

4. License Grant and Scope of Use

4.1 License to Use Cirtyn

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access cirtyn.com, install the application on devices you own or control, and use the enterprise dashboard (for Enterprise Clients), within the scope of your subscription plan.

4.2 License Restrictions

Except as expressly permitted, you may not:

• Copy, modify, distribute, sell, sublicense, rent, lease, or transfer the software.
• Reverse engineer, decompile, or disassemble the application, except as permitted by law.
• Use the Service to build a competing product or to benchmark it without our consent.
• Remove or obscure any proprietary notices.
• Access the Service via automated means except through our published APIs with consent.
• Use the Service in any manner that violates applicable law or these Terms.

4.3 Trial Licenses

We may offer free trials. At the end of the trial, you must subscribe to a paid plan to continue using paid features.

4.4 Open Source

Open-source components are governed by their respective licenses. A list is available on request at [email protected].

5. Subscriptions, Fees, and Payment

• Pricing: Described at cirtyn.com/pricing. Price changes take effect at the next billing cycle with at least 30 days' notice.
• Billing: Subscriptions are billed on a recurring basis until you cancel.
• Payment Processing: Handled by a third-party PCI-DSS compliant processor (e.g., Stripe). We do not store your full card number or CVV.
• Taxes: You are responsible for all applicable taxes.
• Refunds: Annual plans — full refund if cancelled within 14 days of initial purchase and fewer than 5 scans run. Monthly plans — no refunds for partial months. Enterprise — per the Order Form.
• Late Payment: If fees remain unpaid for more than 30 days after notice, we may terminate your subscription and delete associated data.

6. Service Features and Limitations

6.1 Diagnostic Accuracy

Diagnostic results are indicative assessments, not absolute guarantees of device condition. Results may vary by operating system, firmware, manufacturer restrictions, or undetectable hardware modifications. Cirtyn Certificates and health scores should be used as one input in device valuation decisions — they do not constitute a warranty of device condition. We are not liable for device failures, data loss, or business losses arising from reliance on diagnostic results.

6.2 Availability

We aim for reliable service but do not guarantee uninterrupted availability and may take the Service offline for maintenance.

6.3 Updates & Beta Features

We may add, modify, or remove features at any time. Beta features are provided "as is" and may be discontinued at any time.

7. Prohibited Activities

You agree that you will not use the Service to:

• Violate any law or regulation, including privacy, export control, and anti-spam laws.
• Infringe any third party's intellectual property rights.
• Transmit unsolicited advertising or spam, or introduce malware or harmful code.
• Attempt unauthorized access to the Service, its servers, or connected systems.
• Interfere with, disrupt, or overburden the Service or its infrastructure.
• Run diagnostics on devices you do not own or are not authorized to test.
• Circumvent security, access control, or rights management features.
• Generate fraudulent, falsified, or misleading device health certificates.
• Resell or commercially exploit Certificates in a manner not authorized by your license.
• Use the Service in connection with fraud, money laundering, or device theft.
• Harvest personal information from other users, or impersonate Cirtyn or any other entity.

We may suspend or terminate your account immediately and without notice for any Prohibited Activity, and may report such activity to law enforcement.

8. User Content

You retain ownership of User Content you submit. By submitting it, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, and display it solely to provide the Service. You retain ownership of diagnostic data from devices you own or are authorized to test; we may use aggregated, anonymized diagnostic data to improve our algorithms. You may not modify, falsify, or misrepresent results in a Certificate — presenting a falsified Certificate may constitute fraud.

9. Intellectual Property

The Service — including all software, algorithms, designs, data models, documentation, and Cirtyn branding — is the exclusive property of Gadget Guruz Technologies Pvt Ltd and is protected by US and international IP laws. "Cirtyn," the Cirtyn logo, "Gadget Guruz," and related marks may not be used without our prior written permission. Feedback you provide may be used by us without obligation. We comply with the DMCA (17 U.S.C. § 512); send infringement notices to [email protected] with the subject "DMCA Notice".

10. Third-Party Services, Links, and Integrations

The Service may link to or integrate with third-party platforms governed by their own terms and privacy policies. We do not endorse or assume responsibility for third-party services, and your use of them is at your own risk. Enterprise Clients configuring integrations are responsible for compliance and obtaining any necessary consents.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, incorporated by reference. By using the Service, you consent to the data practices described there. If you do not agree with our Privacy Policy, you may not use the Service.

12. Confidentiality (Enterprise Clients)

In enterprise engagements, each party may disclose Confidential Information (business plans, technical data, pricing, diagnostic models, device fleet data, etc.). The Receiving Party agrees to hold such information in strict confidence, use it solely for the engagement, and not disclose it without consent. Standard exceptions apply for publicly known, independently developed, or legally compelled information.

13. Term and Termination

These Terms are effective from your first use and continue until terminated. You may stop using the Service at any time and may delete your account via account settings or by contacting [email protected]. We may suspend or terminate access for breach, legal requirement, security risk, prolonged inactivity, or discontinuation of the Service. On termination, your license ceases and we delete or anonymize your data per our retention schedule. Sections that by nature should survive (including IP, disclaimers, limitation of liability, and indemnification) will survive.

14. Disclaimer of Warranties

Cirtyn diagnostic results are software-generated assessments at a specific point in time and do not constitute a warranty or professional certification of device condition. Users should not rely solely on Cirtyn results for high-value device transactions without independent professional assessment.

15. Limitation of Liability

Some states do not allow the exclusion or limitation of incidental or consequential damages; in those states the above limitations apply to the fullest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Gadget Guruz Technologies Pvt Ltd and its officers, directors, employees, and service providers from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your breach of these Terms, your violation of any third party's rights or applicable law, your User Content, or your use of Cirtyn Certificates in device transactions.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions. Subject to the arbitration agreement in Section 18, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. The UN Convention on Contracts for the International Sale of Goods does not apply.

18. Dispute Resolution and Binding Arbitration

18.1 Informal Resolution First

Before any formal proceeding, contact us at [email protected] with a written description of your dispute. We will attempt to resolve it informally within 30 days.

18.2 Binding Arbitration

Except for the exceptions below, disputes will be resolved by binding individual arbitration administered by JAMS or the AAA, conducted in English, seated in Delaware. For claims under $10,000, you may elect arbitration on written submissions only.

18.3 Class Action Waiver

You and Cirtyn agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, consolidated, or representative action.

18.4 Exceptions

Claims for injunctive relief to protect IP rights, small claims court actions, and claims law requires to be resolved in court are excluded from arbitration.

18.5 30-Day Opt-Out

You may opt out of arbitration by sending written notice to [email protected] (Subject: "Arbitration Opt-Out") within 30 days of first accepting these Terms.

19. General Provisions

These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement. If any provision is found unenforceable, it will be modified or severed and the remainder will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign freely. We are not liable for failures caused by force majeure. You consent to receive communications electronically and agree to comply with US export control laws (EAR and OFAC).

20. Specific US State Provisions

California: Per Cal. Civ. Code § 1789.3, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.
New Jersey: Nothing in Section 15 limits your rights under the New Jersey TCCWNA or other NJ consumer protection statutes.

21. Changes to These Terms

We may modify these Terms at any time. For material changes we will post the updated Terms with a revised effective date, email registered users at least 14 days before changes take effect, and display a prominent in-app notice. Continued use after the effective date constitutes acceptance.

22. Contact Information