Terms of Use

Terms of Use

These terms and conditions constitute an agreement between you (either an individual or a single entity) and Candela Labs, LLC. The Candor App is a mobile app which is made available via the Apple iTunes Store and the Google Play Store, and may include associated software components, media, printed materials, and online or electronic documentation (the App). These terms of use relate to use which you may make of the App.

Use of the Services includes accessing, browsing, or registering to use our App and related sites such as our website or Facebook page (Services Sites or Related Services). Please read these terms of use carefully before you start to use the Services, as these will apply to your use of our App and Services Sites. By using the Services, or by downloading, installing, or otherwise using the App, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the App and Related Services.

 

  1. Description of Services

Candor (“Candor”, “us” or “App”) is a mobile app that allows people to track, maintain and improve their digestive and manage related chronic health conditions such as IBS.

Candor is does not recommend or endorse any particular Provider or treatment, and is not a medical referral resource. No information on Candor should be construed as medical and/or health advice. Candor is not a “covered entity” for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 and the rules promulgated there under (HIPAA) to the App and the treatment of User Content (defined below) provided by you.

  1. Acceptance of Terms

Candor is provided to you by Candela Labs, LLC, and by using the App, you agree to the terms and conditions contained herein (“Terms of Use“). We may update this Terms of Use from time to time, and your continued use of the App shall be deemed your acceptance of any such updated Terms of Use. This Terms of Use comprises the entire agreement between you and Candor and supersedes all prior agreements between the parties regarding the subject matter hereof. By using the App, you understand and agree that the App is intended for an adult audience and, as such, there may be some content on the App that is inappropriate for minors.

You have our guarantee that we will NEVER betray your personal health confidences. We believe in transparency, we let our members know exactly what we do or do not do with their information.

  1. Conditions of Use

As between you and Candor, all content on or made available through the App or Services Sites shall be owned exclusively by Candela Labs, LLC and is protected by copyright under both United States and foreign laws. You may use the content appearing on the App solely for your personal, non-commercial use. Any use of such content not expressly permitted by the Terms of Use is a breach of the Terms of Use, and may be a violation of copyright, trademark, and other laws. The content and features of the App are subject to change from time to time or deletion without notice in our discretion. All rights not expressly granted herein are reserved to Candor and its licensors.

While some of the information on the App and Services Sites is available without registration, active participation on the App, including without limitation submission of User Content and/or storage of your information, requires you to register as a member. As part of the registration process you will be authorizing Candor the use of your personal and health information (all such information, “Registration Information”). You must be 18 years of age in order to register with the App. Candor will only use Registration Information in accordance with its Privacy Policy. You acknowledge that the App may link to other websites or apps not controlled by us and that the collection of your information by these third party websites and apps is governed by those third party websites and apps’ privacy policies.

Candela Labs, LLC may immediately terminate your Candor account or limit your access to the App without prior notice: (a) upon your breach or violation of the Terms of Use or other incorporated agreements or guidelines; (b) upon request by law enforcement or other government agencies; (c) upon request by you (through self-initiated account cancellation); (d) for unexpected technical issues or problems; (e) for extended periods of inactivity; or (f) for any reason or no reason in our discretion. Candor has no obligation to maintain, store, or transfer to you information or data that you have saved, posted on or uploaded to the App.

  1. User Content

Posting User Content on Candor. We encourage you to share your experiences and information on the App, your story, questions, posts and user profile information such as photos and personal experiences (collectively, “User Content”). By posting or submitting User Content to the App, you warrant that you (i) are the sole author and creator of that content, (ii) have all necessary rights to provide such User Content to the App and to transfer ownership of such User Content to Candor while it is available on this App. Content available on Candor may not be (re)distributed by any means without the express written approval of Candela Labs, LLC.

You hereby waive any claim that Candor is somehow acting in an unfair or discriminatory manner by refusing to display (or by removing) any User Content.

You agree that you will not post or submit any User Content that Candor determines, in its discretion, contains or features any of the following:

  • Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
  • References to illegal activity, professional malpractice or health code violations;
  • Content which contains material or links to material that infringes upon a third party’s intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy;
  • Content that intends to sell a product, website, mobile app, fundraiser or seminar;
  • Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
  • Personal information or messages including email addresses, URLs, phone numbers, photos and postal addresses of others (or both first and last name of individuals other than yourself unless their name is also part of the business name) that are not already publicly available;
  • Messages or URLs that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
  • Language, photos, video or other media that violates the standards of good taste or the standards of the App;
  • Content that is deemed to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
  • Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures; or
  • Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
  • Any content selling or distributing pharmaceutical products on Candor.

You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf to the App or Services Sites.

  1. Ownership of User Content

By submitting any User Content to the App or Services Sites, you transfer ownership of such User Content to Candela Labs, LLC while it is available on this App. Candela Labs, LLC is under no obligation to give credit or pay any consideration to you for any User Content you post on or to the App, or any use by Candor of such User Content.

Content that has been shared on Candor may not be reproduced, (re)distributed or shared outside the App without the written permission of Candela Labs, LLC.

  1. No Endorsement of Content or Businesses

You understand that by using the App or Services Sites, you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The App and Services Sites may also contain hyperlinks to third party websites or mobile apps. We have no control over, and make no representation or endorsement regarding the quality, certification, accuracy, timeliness, reliability, appropriateness or condition of any content posted on the App or third party apps. In addition, none of the content on the App shall be considered the view or opinion of Candor, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. You understand and agree that under no circumstances will Candela Labs, LLC be liable for any loss or damage of any kind as a result of your use of the App or your reliance upon any content posted on or otherwise made available through the App and Services Sites. We also have no obligation to review the App and Services Site’s content or to pre-screen any of the users.

The App and Services Sites do not provide medical advice and the content available on the App and Services Sites is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content is statements of opinion only and not statements of fact or recommendations and do not constitute medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the App or Services Sites. If you think you may have a medical emergency, call your doctor immediately. Candor does not recommend nor endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the App. You are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at your sole risk. You should obtain additional information as may be necessary for you to make an informed decision.

  1. Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Use. This Terms of Use is solely between you and Candela Labs, LLC and is not intended to be for the benefit of any third party except as expressly provided herein. If there is a dispute between participants on this App, or between users and any third party, you understand and agree that Candela Labs, LLC is under no obligation to become involved. You hereby release Candela Labs, LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to disputes between you and one or more users, third parties and/or any services.

  1. Offline Conduct

Although Candor cannot monitor the conduct of its users off the App, it is a violation of the Terms of Use to use any information obtained from the App or Services Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.

  1. Security and Unauthorized Use of App

We utilize secure servers to protect your Registration Information. You will be responsible for all activities that occur under your Registration Information. You agree to immediately notify us in writing of any unauthorized use of your account with us.

You may not use any device, software or routine to interfere with the proper working of the App. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the App without the express written permission of Candela Labs, LLC. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the App including without limitation to unsolicited email (i.e. “Spam”). You shall not use any method, including without limitation the use of robots, spiders, other automatic devices or manual processes, to monitor or copy our web pages or the content contained on the App without the prior expressed written permission of Candela Labs, LLC.

  1. Viruses

 We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, devices, computer programs and platform in order to access our App. You should use your own virus protection software.

You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our App, the server on which our App is stored or any server, computer or database connected to our App.

You must not attack our or App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. 

  1. System Outages

We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We are not responsible whatsoever for the resulting unavailability of the App or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the App.

  1. Disclaimers

Candor is provided “as is” and without any warranty or condition, express, implied or statutory. Candela Labs, LLC specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume full responsibility and risk for use of the App and hyperlinked web Apps. We make no warranty that the App will meet your requirements or that the services provided on the App will be uninterrupted, timely, secure or error free. We also make no warranties as to the results that may be obtained from the use of the App or as to the accuracy or reliability of any information obtained through the App or that any defects will be corrected. No advice or information, whether oral or written, obtained by you from Candor shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, Candela Labs, LLC disclaims any and all liability for the acts, omissions, and conduct of any third party users, Providers, Candor users, advertisers, and/or sponsors on the App, in connection with the App or otherwise related to your use of the App. Candela Labs, LLC is not responsible for the products, services, actions, or failure to act of any Provider or third party in connection with or referenced on the App.

  1. Limitations of Liability

In no event shall Candor, Candela Labs, LLC, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages. You understand and agree that the download and upload of any material through the App is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. Candela Labs, LLC neither assumes, nor does it authorize any person or entity to assume on its behalf, any liability in connection with the provision of the App. The limitations of liability provided in these Terms of Use inure to the benefit of Candela Labs, LLC, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

  1. Indemnification

You agree to indemnify, defend and hold harmless Candor, Candela Labs, LLC, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the App, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of the Terms of Use.

  1. Violations of Terms and Liquidated Damages

Please report any violations of these Terms of Use, by emailing to support@candor.health. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

  1. Governing Law and Choice of Forum

This Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. Any suit relating to this Terms of Use or the App shall be brought exclusively in the federal or state courts of New Jersey, USA and both parties consent to the jurisdiction thereof.

  1. Miscellaneous

In the event that one or more portions of the Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in the Terms of Use. The headings used throughout the Terms of Use are solely for the convenience of reference and are not to be used as an aid in the interpretation of the Terms of Use. If you have any questions about the Terms of Use, contact us at hello@candor.health.

This Terms of Use was last updated on May 15, 2020.