Terms of Service
Last modified: 10.07.2025
Please read these Terms carefully before you access and/or use our Services.
IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT ELIGIBLE TO USE THEM (SEE SECTION 2, WHO MAY OPEN AN ACCOUNT AND USE THE SERVICES), YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
If there is anything you are not sure about in these Terms, please get in touch with us at [email protected]. For all other questions please reach out at [email protected].
1. Our Terms
1.1 These Terms of Service govern your access to and use of the White Circle platform, including all features, applications, software, and services offered at eu.whitecircle.ai, us.whitecircle.ai, and whitecircle.ai (the "Services") and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Pumpkin Intelligence, Inc with address at 111 S Governors Ave, STE 25003, Dover, Delaware, 19904, US (“Pumpkin Intelligence”, "White Circle", “we,” “us” or “our”).
1.2 These Terms, including the Privacy Policy, Data Processing Agreement and all other policies and notices referred to in these Terms, set forth the entire understanding between you and White Circle.
1.3 You agree to these Terms by accepting them or by accessing or using the Services and you agree to comply with them.
1.4 In some parts of these Terms you will have different rights depending on whether you are a business or consumer. You are a consumer if you are an individual and are buying products or services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are using the Service as a consumer, certain consumer laws may automatically apply to you, and we do not exclude or limit those rights where we are not legally permitted to do so. Certain exclusions and limits within the Agreement may therefore not apply to you.
1.5 If you are a business customer you acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
1.6 These Terms will apply to any new features or functionality which we may introduce for the Services from time to time, except to the extent they are features or functionality which are subject to your agreement of additional or separate terms to which you will be required to agree and, as applicable, pay fees for before accessing any such features or functionality. Unless otherwise specified in such terms, any additional terms will become part of these Terms.
2. Who May Open an Account and Use the Services
2.1 You represent that you are lawfully able to enter into contracts and if you are using the Services for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. If you do not have such authority to bind your company entity, are not lawfully able to enter into contracts, or are under the age of 13 years old (or the age of majority in the jurisdiction where you reside or where you are currently using or accessing the Services), you must not access or use the Services. If we learn that you are under the age of 13 or otherwise under the age of majority in your jurisdiction we will terminate your account immediately.
2.2 For the purposes of these Terms: “Authorised Users”: means the employees and contractors of the business entity you represent. Where your access rights permit access to and use of the Services to be extended to Authorised Users (as notified to you when you register to use the Service or as otherwise notified by us to you from time to time), you are responsible and liable for all use of the Services by any such Authorised Users, their compliance with these Terms and for the acts or omissions or any breach of these Terms any such Authorised Users.
2.3 Direct competitors of White Circle are prohibited from accessing and/or using the Services.
3. Privacy
3.1 Your privacy matters to us. The Privacy Policy describes how White Circle handles the information that we collect from you or that you provide to us.
3.2 For any personal data which we process as a ‘processor’ of that personal data (as such terms are defined under applicable data privacy laws), please see section 9 (Your Data).
4. Duration of these Terms and Your Subscription
4.1 These Terms will commence on the date they are agreed by you (as specified in clause 1.3 above) (“Effective Date”) and will remain in effect unless terminated by you or White Circle in accordance with clause 16.
4.2 Your right to access and use the Services in accordance with these Terms begins on the Effective Date and continues until the earlier of: (i) you cease using the Services, (ii) we discontinue the Services at our discretion, or (iii) you or we terminate these Terms in accordance with clause 16, subject to our right to suspend the Services as described in clause 16.
5. Changes to the Services and these Terms
5.1 White Circle periodically updates these Terms. We will alert you about any changes via your account or by email and unless otherwise stated in the notice, the updated terms will become effective on the date specified in that notice.
5.2 If you don’t agree with the new Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately. If you continue to use the Services in any way after a change to the Terms is effective, that means you agree to the new Terms.
5.3 White Circle is constantly changing and improving the Services. As part of this continuous evolution of the Services, White Circle reserves the right, in its sole discretion, to manage, update, change, modify, suspend, discontinue, or upgrade, temporarily or permanently, part of or all of the Services, at any time, to ensure optimum performance for all White Circle’s customers, or for any other purpose. White Circle will use reasonable efforts to provide notice beforehand of any material changes to the Services which may adversely affect your use of the Services.
6. Account setup and security
6.1 You will be required to sign up for an account and select a username (“User ID”) to use the Services. Your Authorised Users may also be required to each set up an account to access the Services, as applicable. You and any Authorised Users may not select as your User ID a name that you or that Authorised User does not have the right to use, or another person’s name with the intent to impersonate that person.
6.2 You will be responsible for all use of your account and those of your Authorised Users. You are responsible for all use of the Services with your account details and all use of the Services by any Authorised Users, and for protecting your (and including all Authorised User) accounts from unauthorised use. You will have and maintain an up-to-date list of all Authorised Users at all times and make such list available to us upon request, together with any supporting materials.
6.3 You agree not to create any account for you or allow any account for an Authorised User to be created if you, or such Authorised User or your account or any account of an Authorised User has been previously removed or banned from any of the Services, unless White Circle consents otherwise. You may not and shall ensure that your Authorised Users do not transfer their account to anyone else without White Circle’s prior written permission. You and any Authorised User may not use anyone else's account at any time, without the permission of the account holder.
6.4 You are entirely responsible for all content posted and all activities that occur under your account and/or by any Authorised User. You agree to notify White Circle immediately of any unauthorized use of your account or any other breach of security at [email protected]. White Circle will not be liable for any loss that you may incur as a result of someone else using your or your Authorised Users account, either with or without your knowledge. However, you could be held liable for losses incurred by White Circle or another party due to someone else using your account or User ID and any account or User ID of any Authorised User.
7. Your right to use the Services
7.1 Subject to the terms and conditions of these Terms, White Circle grants you a non-sublicensable, non-transferable, non-exclusive, and revocable right and license for you to, and as applicable, to permit your Authorised Users to, access and use the Services, but solely as necessary to benefit from the Services as described in these Terms and, where you are a business, for your internal business purposes, and subject to and in accordance with the restrictions and limits of use set out in these Terms.
8. Acceptable use and Restrictions to the Site and Services
8.1 You may not access or use the Services for any purpose other than that for which we make the Services available to you in accordance with these Terms. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing.
8.2 You will obtain agreement that your Authorised Users will (i) only access and use the Service in accordance with these Terms, (ii) comply with all applicable laws and regulations, including, without limitation, technology control or export control laws and regulations that apply to the technology used or supported by the Servicers, and (iii) not permit any person to access and use the Services except for you and/or your Authorised Users (as applicable) and such use shall be within the limits set out in these Terms.
8.3 You shall obtain agreement that your Authorised Users shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit or make the Services available to any third party in any way; (ii) make alterations to, or modify the whole or any part of the Services, or permit the Services to be combined with, or become incorporated in, any other programs unless expressly agreed by White Circle in writing; or (iii) make derivative works based upon the whole or part of the Services; (iv) remove or alter any proprietary markings from the Services; (v) access the Services to build a competitive product or service, or to copy any feature or function of the Services; (vi) use the results or outputs of the Services (including but not limited to generated data, analyses, or outputs from underlying models) to develop or train any machine learning or artificial intelligence models, or to create or improve any products or services that compete with or replicate the functionality of the Services, unless explicitly permitted in writing by White Circle; (vii) interfere with or disrupt the integrity, security or performance of the Services; or (viii) attempt to gain unauthorized access to the Services or their related systems or networks (ix) reverse engineer, disassemble or decompile the source code of the White Circle Services.
8.4 You further promise not to, and shall obtain agreement from your Authorised Users not to: (i) use the Services for any illegal or unethical purposes; or (ii), access, store, distribute or transmit any viruses, or any material during the course of your use of the Services or any related documentation that infringes any Intellectual Property Right of any other person and/or advocates, promotes or assists any unlawful act or illegal activity, (iii) use the Services for military or defense purposes. White Circle reserves the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches this clause 8.
9. Your Data
9.1 For the purposes of these Terms, “Your Data” means any data you and/or your Authorised Users, submit, input, upload through the Services or otherwise provide to White Circle (or which is inputted in your behalf by White Circle) for the purposes of using or facilitating your and/or your Authorised Users use of the Services.
9.2 You hereby grant to White Circle a licence to use, process and transfer Your Data in order for White Circle to provide the Services, including the right to make copies of and to host and distribute Your Data, together with the right to allow third party service providers to do the same, and as otherwise permitted under this clause 9 (Your Data) Terms.
9.3 Where we act as a processor of any personal data within Your Data for the purposes of your use of the Services and/or facilitating your use of the Services, the terms and conditions of the Data Processing Agreement, found here, and incorporated into these Terms by reference, will apply to such processing. The definitions of personal data and processor are as defined in such Data Processing Agreement.
9.4 At any time during the term of these Terms and after its expiry or termination, White Circle is permitted at its discretion to keep, use, and share Your Data that has been anonymised (“Anonymised Data”) with its affiliates and third parties to enable product or service improvements, including with respect to the Services and to develop new White Circle products and services, training and machine learning. To the extent White Circle creates and/or use systems, that retain, process, and/or analyse any such Anonymised Data for its legitimate business purposes, including those described in this clause 9.4, all rights, title and interest, including all Intellectual Property Rights, in such systems, data or databases (including in any machine learning programs), shall be solely owned by White Circle or its applicable licensors.
10. White Circle Intellectual Property Rights
10.1 Any trademarks, logos and service marks (“Marks”) displayed throughout your use of or access to the Services are the property of White Circle or other third parties. You are not permitted to use these Marks without the prior written consent of White Circle or such third party.
10.2 White Circle, its affiliates and licensors own and retains all right, title and interest, including all intellectual property rights: (ii) in the Services and all underlying software, applications, materials and data used to provide such Services, and in all related updates, improvements, modifications, adaptations, reproductions, derivative works, new versions or part thereof, and (ii) in all documentation for the Services, and (iii) as expressed in clauses 9.4 and 11 (“White Circle IPR”). The White Circle IPR is protected by copyright, trademark, trade secret, and other intellectual property laws and we reserve all rights not expressly granted to you in and to the White Circle IPR.
10.3 These Terms will not prevent White Circle from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms or from using information and know how obtained through the provision of the Services in the furtherance of White Circle’s business interests or improvement of the Services.
11. Feedback
11.1 Feedback includes any ideas, know-how, algorithms, code contributions, suggestions, data labeling, annotations, enhancement requests, recommendations, or any other feedback you or your Authorised Users provide to White Circle on the Services. Feedback is voluntary.
11.2 If you or your Authorised Users provide any Feedback to White Circle regarding the Services, White Circle may fully exercise and exploit such Feedback and you grant White Circle a perpetual, royalty free, non-exclusive license to use such Feedback for the purpose of (i) improving the operation, functionality, and use of White Circle's existing and future product offerings and commercializing such offerings; and (ii) publishing aggregated statistics about the quality of the Services, provided that no data in any such publication will be used to specifically identify you. You acknowledge and agree that White Circle owns all rights, title and interests, including all Intellectual Property Rights, in all software developments, enhancements, changes, updates or materials relating to the Services and related documentation created by White Circle, its Affiliates or subcontractors, that are based on or incorporate any Feedback.
12. Warranty Disclaimers
12.1 WHERE YOU ARE USING THE SERVICES AS A CONSUMER, THE BELOW DISCLAIMER DOES NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE UNDER APPLICABLE LOCAL MANDATORY LAW. Please contact us at [email protected] if you have any concerns about your use of the Services.
12.2 THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTIORY QUALITY, TITLE, AND NONINFRINGEMENT. IN ADDITION, WHITE CIRCLE: (A) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES: (I) WILL ALWAYS BE ERROR-FREE, UNINTERRUPTED, OR SECURE; OR (II) WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS OR ACHIEVE YOUR OR ANY OTHER PERSON’S INTENDED RESULTS; OR (III) ARE OR WILL BE COMPATIBLE, WORK WITH, OR CONTINUE TO WORK WITH YOUR COMPONENTS; (B) IS NOT RESPONSIBLE FOR ANY VIRUSES WHICH ARE NOT DETECTED USING REASONABLE CURRENT METHODS OF DETECTION OR WHICH ARE, TRANSMITTED THROUGH ANY THIRD PARTY SERVICES OR AS A RESULT OF OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS; AND (C) AND ITS SUPPLIERS OR THIRD PARTY PROVIDERS WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF YOUR DATA, OR FOR ANY DECISIONS MADE OR ACTION TAKEN BY YOU OR ANY OF YOUR AUTHORISED USERS, OR ANY THIRD PARTY IN RELIANCE UPON ANY OF YOUR DATA.
12.3 No advice or information, whether oral or written, obtained from White Circle or through the Services, will create any warranty or representation not expressly made herein.
13. Confidentiality
13.1 Neither you nor us will use the other’s Confidential Information, except as permitted under these Terms. For the purposes of these Terms, "Confidential Information" means any non-generally-available personal, business, or technical information that either you or us disclose to the other, in writing, orally, or by any other means, whether or not marked as confidential, including disclosures like computer programs, code, algorithms, data, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics, and other technical, business, financial, and product development plans, names and expertise of employees and consultants, customer and end-user lists.
13.2 The restrictions set forth in this clause 13 will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving party; (ii) was rightfully known or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing party for disclosure without restriction in a written document that is signed by a duly authorized officer of such disclosing party; or (iv) the receiving party independently develops without access to or use of the other party's Confidential Information.
13.3 Each party agrees to (a) maintain in confidence and protect the other party's Confidential Information using at least the same degree of care as it uses for its own information of a similar nature but in all events at least a reasonable degree of care; and (b) take all reasonable steps to prevent any unauthorized disclosure of the other party's Confidential Information, and (c) disclose Confidential Information only to its employees, independent contractors, consultants, and legal and financial advisors (collectively, "Representatives") who (i) have a need to know such information in connection with these Terms, (ii) are parties subject to terms of confidentiality agreements similar to those set for in these Terms, and (iii) who are informed of the non-disclosure obligations imposed by these Terms. Each party is responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable them to contest such order or requirement.
13.4 On termination or expiry of these Terms, or when requested to do so in writing by the disclosing party, the receiving party will promptly: (a) return or delete, at the disclosing party’s option, all Confidential Information of the disclosing party in its possession and make no further use of such Confidential Information. The obligations in this clause 13 will survive the termination or expiration of these Terms.
14. Indemnification
14.1 You agree to defend, indemnify, and hold harmless White Circle, its affiliates, and their respective employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action, or proceeding by a third party arising out of or relating to your and/or your Authorised Users’ use of the Services, your and/or Your Authorised Users’ breach of these Terms and/or violation of law or infringement of a third party’s rights.
15 Limitation of Liability
15.1 SUBJECT TO CLAUSE 15.2, IN NO EVENT WILL (A) WHITE CIRCLE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD, OR (B) WHITE CIRCLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, OR THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ON WHICH THEY ARE ASSERTED.
15.2 THE LIMITATIONS AND EXCLUSIONS IN CLAUSE 15.1 ABOVE WILL NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD OR TO ANY OTHER LIABIBILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE MANDATORY LAW.
15.3 TO THE EXTENT THE LIMITATIONS AND EXCLUSIONS IN CLAUSE 15.1 ARE PREVENTED BY MANDATORY LAW, WHITE CIRCLE’S LIABILITY WILL BE LIMITED AS FAR AS IT IS PERMITTED TO DO SO IN ACCORDANCE WITH THOSE LAWS.
15.4 YOU ASSUME SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM YOUR USE OF THE SERVICES, AND FOR CONCLUSIONS DRAWN FROM SUCH USE. WHITE CIRCLE SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION OR INSTRUCTIONS PROVIDED YOU PROVIDE TO WHITE CIRCLE IN CONNECTION WITH THE SERVICES OR ANY ACTIONS TAKEN BY WHITE CIRCLE AT YOUR DIRECTION.
16. Suspension and Termination of use of Site or Services
16.1 Termination of use of Services by you. You may stop using the Services at any time, for any or no reason, by deactivating your account and discontinuing your use of the Services. It is your responsibility to properly cancel your account with White Circle. You can deactivate your account by sending us an email to [email protected].
16.2 Suspension and/or Termination of use of the Services by White Circle. White Circle may suspend or terminate your account or cease providing you with all or part of the Services at any time, including, but not limited to, if White Circle reasonably believes: (i) you have materially or repeatedly violated these Terms or all other White Circle policies and guidelines, (ii) you create risk or possible legal exposure for White Circle; (iii) your account should be removed due to unlawful conduct; or (iv) the discontinuance of the Services.
16.3 Effect of account termination. If you terminate your account, all licenses granted in these Terms will immediately terminate and you must stop all use of the Services.
If White Circle terminates your account for violation of these Terms, you may not attempt to create a new account.
16.4 Survival. All provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, the confidentiality, intellectual property, warranty disclaimers, indemnity, and limitations of liability provisions.
17. Dispute Resolution
White Circle would like to try and address your concerns without needing a formal legal case. Before filing a claim against White Circle, you agree to try to resolve the dispute informally by sending us a written notice of dispute at [email protected] that includes your name, a detailed description of the dispute, and the relief you seek. White Circle will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or White Circle may bring a formal proceeding.
18. Governing Law and jurisdiction
These Terms will be governed by and construed in accordance with the substantive laws of the State of Delaware without regard to conflict of laws and all disputes arising under or relating to this Agreement shall be brought and resolved solely and exclusively in the State Court located in Delaware. Should any legal action be commenced in connection with these Terms, the prevailing party in such action shall be entitled to recover, in addition to court costs, such amount as the court may adjudge as reasonable attorneys’ fees.
19. General
19.1 Order of Terms. In the event of any inconsistencies or conflict between these Terms and the terms of the Data Processing Agreement, the terms of these Terms will prevail, except where the parties agree that any such terms of the Data Processing Agreement will prevail over the terms of these Terms.
19.2 Anti-bribery. Each party will comply with all applicable laws, statutes and regulations relating to export, anti-bribery and anti-corruption.
19.3 Independent Contractor. The parties are independent contractors. Nothing in this Agreement is intended to, or will be deemed to, constitute a partnership or joint venture, agency or employment relationship between the parties and neither party shall have any authority to contract for or bind the other party in any manner whatsoever. White Circle shall be solely responsible for payment of all compensation owed to its employees, as well as employment- related taxes in respect of its employees.
19.4 Force Majeure. Neither party will be responsible for any failure to perform its obligations due to an event or circumstances beyond its reasonable control.
19.5 Export Regulations. You represent that you are not named on any United States, European Union, or local government denied-party list. You will not use the Services in a United States or European Union embargoed country or in violation of any United States or European Union export law or regulation.
19.6 United States Government use. The Services are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to FAR 12.212 and DFARS 227.7202. All United States Government users acquire the Services with only those rights set forth in these Terms. Any provisions that are inconsistent with federal procurement regulations are not enforceable against the United States Government.
19.7 Severability. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
19.8 Invalid Provisions. If any provision or clause (or part of a provision or clause) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other clauses and provisions will continue to have the same effect as they did previously. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19.9 Waiver. Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
19.10 Subcontracting and Assignment. White Circle may assign, novate, subcontract, delegate, or otherwise transfer these Terms, in whole or in part, to any person or entity at any time with or without your consent, including the rights and licenses granted herein. You may not assign, delegate or otherwise transfer any rights or obligations under the Terms without White Circle’s prior written consent, and any unauthorized assignment, delegation or transfer by you is void.