- 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.
- Acceptance of Terms
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.
- Conditions of Use
- 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.
- 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.
- 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.
- Offline Conduct
- 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.
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.
- 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.
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.
- Limitations of Liability
- Violations of Terms and Liquidated Damages
- Governing Law and Choice of Forum
Updated June 29, 2023
- You acknowledge that the information on the Website is provided ‘as is’ for general information only. It is not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Candor makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
- You agree that you will hold harmless Candor and its shareholders, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Candor or any of the information contributors to the Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Candor has been advised of the possibility of such damages.
- You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Candor nor are they endorsed by Candor.
- User Contributions. We may from time to time offer space on our site or within our Website for you and others to publicly display your thoughts, information, photographs or other materials (“User Contributions”). By posting User Contributions through the Website, you grant us a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, modify, copy, distribute, create derivative works of and display your User Contributions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation or further approval by you. All User Contributions are deemed non-confidential and non-proprietary. You represent and warrant and further agree that:
- your User Contribution is true and accurate;
- you own or otherwise control all of the rights to your User Contribution, including, without limitation, all copyrights and trademarks;
- your User Contribution does not infringe, misappropriate or violate any third party’s copyright, trademark, patent, literary, trade secret, privacy, publicity right or other right;
- your User Contribution does not contain information that identifies any other person unless you have such person’s express written consent and, if you are a Healthcare Provider, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or other legally-required permission to disclose;
- your User Contribution does not make unsubstantiated claims about any third party or its products or services or contain any slanderous, defamatory, obscene, pornographic, threatening and/or harassing comments or other content; and
- your User Contribution complies with all applicable laws, rules and regulations.
As your User Contributions will be publicly displayed, please consider carefully before posting any contact information, health condition or other personal or sensitive information. While we are under no obligation to monitor or remove any User Contributions, we reserve all rights to remove any User Contributions in our sole discretion, at any time, in whole or in part, and to terminate your rights to post User Contributions, with or without notice.
- Candor may provide links on the Website to other websites which are not under the control of Candor. In general, any website which has an address (or URL) not containing https://candor.health is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Candor of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
- Candor, its logo, nameplates are trademarks of Candor and are protected by international laws and treaty provisions.
- All text and electronic images on this Website are copyrighted materials which are either registered copyrights, unregistered common law copyrights, registered trademarks or salesmarks of Candor, its suppliers or contributors. Any attempt to infringe upon or to circumvent these copyrights or trademarks will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.
- No AI The owner of this website does not consent to the content on this website being used or downloaded by any third parties for the purposes of developing, training or operating artificial intelligence or other machine learning systems (“Artificial Intelligence Purposes”), except as authorized by the owner in writing (including written electronic communication). Absent such consent, users of this website, including any third parties accessing the website through automated systems, are prohibited from using any of the content on the website for Artificial Intelligence Purposes. Users or automated systems that fail to respect these choices will be considered to have breached this Agreement.
- DIGITAL MILLENNIUM COPYRIGHT ACT – Candor respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
- If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Limitation of Liability. WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES.
- IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY IN THESE TERMS ARE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.
- THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that we would not be willing to grant you the rights set forth in these Terms without your agreement to the above limitations of liability.
- You agree to defend, indemnify and hold harmless Candor and our affiliates and our and their respective officers, directors, employees, agents and licensees (collectively, the “Indemnitees”) from all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against any of the Indemnitees by any third party arising out of or are related to your violation of these Terms or your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of any Indemnitee may be made without our prior written approval. We agree to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Services in compliance with these Terms infringes a third party’s U.S. patent, copyright or trademark right.
- Governing Law. The laws of the State of New Jersey govern these Terms, without reference to its choice of law rules,
- We may terminate or modify your access to the Services, with or without notice, at any time for any reason. For example, access to the Services may be terminated if we believe that you are a minor or have violated any of these Terms. Termination will not limit any of our other rights or remedies. Any provision that by its nature must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.