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Terms of Service

Effective Date: April 13, 2026

By accessing and using the website at theacircle.co, you accept and agree to be bound by these Terms of Service.

Age Restriction

This service is intended for individuals 18 years of age or older. By using this website, submitting any form, or opting in to receive communications from The A Circle, you confirm that you are at least 18 years old. We do not knowingly collect information from individuals under the age of 18.

Text Messaging Terms

By providing your mobile phone number and selecting one of the optional SMS consent checkboxes on our website at https://www.theacircle.co/sms-opt-in, you agree to receive text messages from THE A CIRCLE, INC. based on the consent option(s) you selected. The form includes two separate optional consent checkboxes — one for transactional and informational messages and one for marketing and promotional messages.

Transactional and informational messages may include inquiry follow-ups, appointment reminders, discovery call confirmations, service updates, and customer support communications.

Marketing and promotional messages may include offers, retail planning updates, educational content, promotional resources, and engagement-related communications.

Transactional/informational SMS consent and marketing/promotional SMS consent are collected separately. Both checkboxes are optional and unchecked by default. Consent to receive text messages is not required as a condition of purchasing goods or services.

Message frequency varies. Message and data rates may apply. Reply STOP to unsubscribe at any time. Reply HELP for help.

Mobile information and SMS opt-in consent will not be sold or shared with third parties or affiliates for marketing or promotional purposes.

Opt-in logging: SMS opt-in records are logged at the time someone submits the SMS Opt-In Form, including the phone number provided, timestamp of consent, form URL, the consent option(s) selected, and the exact consent language shown.

Carrier disclaimer: Mobile carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors in support services, such as customer service or messaging delivery, is permitted. All other use case categories exclude text messaging originator opt-in data and consent.

SMS opt-in data and consent will not be shared with any third parties for marketing or promotional purposes.

For more information, see our Privacy Policy and SMS Terms.

Use of Website

This website is provided for informational purposes and to facilitate contact between you and THE A CIRCLE, INC. The diagnostic tools and calculators on this site provide estimates based on the information you input and general retail benchmarks. They are not financial advice. Results should be used as directional guidance only.

Intellectual Property

All content on this website, including text, graphics, logos, and software, is the property of THE A CIRCLE, INC. and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without written permission.

Disclaimer

The information on this website is provided "as is" without warranties of any kind. THE A CIRCLE, INC. does not guarantee specific results from advisory engagements. Past client results referenced on this site are specific to those clients and are not guaranteed for future clients.

Limitation of Liability

THE A CIRCLE, INC. shall not be liable for any indirect, incidental, or consequential damages arising from your use of this website or reliance on information provided through our diagnostic tools.

Changes to Terms

We reserve the right to update these terms at any time. Continued use of the website after changes constitutes acceptance of the updated terms.

Contact

Questions about these terms can be directed to info@theacircle.co or by mail at:

THE A CIRCLE, INC.
402 W. Broadway, Suite 400
San Diego, CA 92101

Privacy & Data Protection

GDPR and U.S. Consumer Privacy Compliance

Effective date: April 2, 2026. This section describes how we collect, use, disclose, and protect Personal Data in compliance with the EU General Data Protection Regulation (GDPR) and applicable U.S. consumer privacy laws (including California consumer privacy requirements). This is part of and governed by our Terms of Service. For full details see our Privacy Policy.

Scope

Applies to Personal Data about individuals located in the EEA/UK (GDPR) and to covered consumers under applicable U.S. consumer privacy laws (e.g., California). Terms used but not defined here have the meanings in our Privacy Policy.

Categories of Personal Data Collected

Identifiers (name, email, IP address), account and profile data, transactional and billing information, device and usage data, marketing and preference data, and other data provided or generated when you use our services. We may collect Sensitive Data only with explicit consent and for specified purposes.

Lawful Bases (GDPR)

We process EU/UK Personal Data on the lawful bases of: performance of a contract; compliance with legal obligations; our legitimate interests (e.g., service operation, fraud prevention, analytics, security); and, where required, your consent. Where consent is relied on, you may withdraw it at any time without affecting processing prior to withdrawal.

Consumer Rights (GDPR & U.S. Consumer Privacy Rights)

Subject to verification and applicable exemptions, you may exercise:

  • Access / Right to Know: Request confirmation whether we process your Personal Data and request a copy or categories of data.
  • Rectification: Request correction of inaccurate or incomplete data.
  • Deletion / Right to Erasure: Request deletion of Personal Data where applicable.
  • Restriction / Object: Request restriction of processing or object to processing based on our legitimate interests.
  • Data Portability: Request a machine-readable copy of Personal Data you provided.
  • Opt-Out of Sale (where applicable under state law): Request that we not sell or share your Personal Data for targeted advertising.
  • Automated Decision-Making: Request meaningful information about automated processing and opt out where required.

To exercise these rights, contact us via the contact options below. We will verify requests in accordance with applicable law and may require information to confirm identity. We will respond within applicable statutory timeframes.

Requests, Verification, and Authorized Agents

To submit a request, contact info@theacircle.co. Authorized agents may submit requests on your behalf if they provide written authorization and we verify both the agent and the consumer.

Data Retention and Deletion

We retain Personal Data only as long as necessary for the purposes described (service provision, legal compliance, dispute resolution, fraud prevention) or as required by law. After the retention period expires we delete, anonymize, or aggregate data.

Disclosures to Third Parties

We may disclose Personal Data to service providers, processors, affiliates, payment processors, analytics vendors, law enforcement, and as required by law. We enter written agreements requiring processors to implement appropriate safeguards.

This general disclosure does not apply to SMS opt-in data or text messaging consent. SMS opt-in data and consent will not be sold or shared with third parties or affiliates for marketing or promotional purposes.

International Transfers

Personal Data may be transferred outside your jurisdiction. For transfers from the EEA/UK we rely on appropriate safeguards (e.g., adequacy decisions, Standard Contractual Clauses, or other lawful transfer mechanisms). Contact us for details or copies of safeguards.

Security

We implement organizational, technical, and administrative measures designed to protect Personal Data from unauthorized access, disclosure, alteration, and destruction. No method of transmission or storage is 100% secure; if a breach occurs we will notify affected individuals and regulators as required by law.

Children's Data

We do not knowingly collect Personal Data from children under applicable age thresholds (e.g., 16 under GDPR; 13 under COPPA). If we learn we have collected such data we will delete it in accordance with applicable law.

Non-Discrimination

We will not discriminate against consumers for exercising their privacy rights (e.g., by denying service, charging different prices, or degrading service), except where permitted by law.

Changes to This Section

We may update this section to reflect legal or operational changes. We will provide notice as required by law.

Contact & Supervisory Authority

For privacy inquiries, to exercise rights, or to request copies of transfer safeguards, contact: info@theacircle.co or THE A CIRCLE, INC., 402 W. Broadway, Suite 400, San Diego, CA 92101, United States. EU/UK data subjects may also lodge a complaint with the relevant supervisory authority.