Terms of Use

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

Website Terms of Use

Updated June 29, 2023

  1. This website with its home page in the domain ‘https://candor.health’, hereinafter referred to as the Website, is an information service provided by Candela Labs LLC dba Candor (“Candor”) at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this Terms of Use Agreement. Candor reserves the right to change these terms and conditions at any time, and you agree to abide by the most recent version of this Terms of Use Agreement each time you view and use the Website. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website. Do not use the Website if you do not agree to all of the following terms and conditions.
  2. 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.
  3. 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.
  4. You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of Candor nor are they endorsed by Candor.
  5. 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.

  1. 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.
  2. You may provide hypertext links to this Website on another website, provided that: (a) the link be a text-only link clearly marked ‘Candor”, (b) the link must ‘point’ to the URL ‘https://candor.health‘ and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Candela Labs, LLC, or Candor’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Candor is associated with or sponsored by Candor, (e) the link, when activated by a user, must display this Website full-screen and not within a ‘frame’ on the linked website, and (f) Candor reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by Candor.
  3. The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by Candor, or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Candor’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Candor.
  4. Candor, its logo, nameplates are trademarks of Candor and are protected by international laws and treaty provisions.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  12. 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.
  13. 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.
  14. Third-Party Services. The Website may contain links to third-party websites and services, including social media (collectively, “Linked Services”). Linked Services are not under our control and we are not responsible for Linked Services or for any information or materials on any Linked Service or transmitted between you and the Linked Services. The inclusion of a link does not imply endorsement by us of the Linked Service or any association with the operators of the Linked Service. We do not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms of use and other legal provisions applicable to the Linked Services.
  15. Governing Law. The laws of the State of New Jersey govern these Terms, without reference to its choice of law rules,
  16. 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.
  17. Additional Terms. Portions of any of our Services may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you through the Services or offline. Unless we say differently in the Additional Terms, the Additional Terms are incorporated into these Terms of Use. Your use of Services subject to Additional Terms will constitute your agreement to the Additional Terms. If you do not agree to the Additional Terms, please do not use the Services to which they relate.
  18. Changes To Terms. The effective date of these Terms of Use is provided at the top of this page. We may make changes to these Terms from time to time in the future. We will post a revised version of the Terms of Use on this page. Although we are not obligated to do so, we may use your contact information to notify you of important changes. Continued use of our Services following posting of such changes will constitute your agreement to such changes.

Questions? If you have any questions about these Terms of Use, please contact us at hello@candor.health.