Privacy Policy

Confidently, Inc. Terms of Use

Last Modified: April 25, 2020

Acceptance of the Terms of Use

These terms and conditions (“Terms of Use”) are entered into by and between you and Confidently, Inc. (“Company,” “we,” or “us“). The Terms of Use govern your access to and use of the Confidently App (“the App”).

Please read the Terms of Use carefully before you start to use the App. By clicking the checkbox that you have read and agree to the Terms of Use and Privacy Policy, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

PLEASE ALSO NOTE THAT YOU ARE AGREEING TO BE BOUND BY THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO MEDIATE AND, IF NO MUTUAL AGREEMENT IS REACHED, ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS.

Eligibility Requirements

This App is offered and available to users who are 18  years of age or older.  By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App, and we reserve the right to terminate your account.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. We will provide you notice of these changes through an in-App alert once you use the App after the Terms of Use have changed. You will be required to accept the new Terms of Use before being permitted to access the App after the changes are made. Any changes to the dispute resolution provisions set out in Dispute Resolution will not apply to any disputes for which the parties have actual notice on or before the date the revised Terms of Use document is posted in the App.

Your continued use of the App following the posting of the revised Terms of Use means that you accept and agree to the changes. If you do not consent to these changes, do not continue using the App.

Account Creation

To access the content within our App, you must create an account. You agree to provide truthful and accurate information during the account creation process. If you provided any information that is untrue, inaccurate, or incomplete when setting up your account, we reserve the right to terminate your account and suspend your use of the App.

When creating your account, you will have the option to subscribe to our newsletter and receive communications from us via text or email. If you would like to opt out of these communications, you may do so through your user profile.

Accessing the App and Account Security

We reserve the right to withdraw or amend this App, and any material we provide on the App, including but not limited to the in-app purchases and ability to claim prizes, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period.

To access the App, you will be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide when creating your account is correct, current, and complete. You agree that all information you provide to us to register with this App is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user alias. If you choose to sign into the App through third parties, including but not limited to Facebook, you agree to sign in through your personal account with these third parties. You agree to notify us immediately of any unauthorized access to or use of your user alias or any other breach of security.

We have the right to disable any user alias at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App in any manner that:

·  Violates any applicable federal, state, local, or international law or regulation;

·  Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);

·  Impersonates or attempts to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using user aliases associated with any of the foregoing);

·  Utilizes bots, artificial intelligence, or other automated means to manipulate or submit an entry to the App;

·  Causes us to lose (in whole or in part) the services of our Internet service providers or other suppliers;

·  Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the App or any portion thereof;

·  Violates, or encourages anyone to violate these Terms of Use or the Privacy Policy;

·  Engages in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability; or

·  Interferes with or disrupts the App in any way.


Intellectual Property Rights

The App and some of its contents, features, and functionality (including but not limited to all original questions, answers, pictures, software, text, displays, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. However, we do not own any intellectual property of the outside links included on the App and disclaim any affiliation with the links to outside content we include on the App.

These Terms of Use permit you to use the App for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any software or other material on our App.

You may not use the intellectual property of the App without our prior written consent. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

If you use or provide any other person with access to any part of the App in breach of this section or any other section of the Terms of Use, your right to use the App will stop immediately. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted under these Terms of Use or otherwise by us are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Monitoring and Enforcement; Termination

We have the right to:

·  Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

·  Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Social Media Features

The App may provide certain social media features that enable you to connect with friends within the App. We may disable all or any social media features without notice at our discretion.


Coin Redemption

All coins are redeemed from within the App. If you do not meet all of the criteria under Eligibility Requirements, you will be exempt from prize redemption. Any coins not redeemed within 360 days may be reclaimed by the Company. Scoring of all days is done at the sole discretion of the Company. We use TangoCard to fulfill prizes in the form of gift cards through the App, and neither the Company nor TangoCard guarantee the availability of any particular gift cards on TangoCard at any time. If you no longer are able to access your account, neither the Company nor TangoCard are responsible for any lost prizes or rewards points that you may have earned.  At all times, for all users, the Company reserves the sole and exclusive right to decide whether or not to honor any rewards or prizes.

 

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE APP, INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS, IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE APP OR THE CONTENT ON THE APP, OR ANY WEBSITE OR OTHER CONTENT OR APP THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE APP. THE COMPANY DISCLAIMS IMPLIED WARRANTIES THAT THE APP AND ALL SOFTWARE, CONTENT AND FUNCTIONS AND INFORMATION DISTRIBUTED THROUGH THE APP ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

THE COMPANY DOES NOT GUARANTEE THAT THE APP WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE APP, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APP (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, WE DO NOT ENDORSE AND MAKE NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE APP. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE APP. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE APP.


THIS APP IS NOT INTENDED TO BE USED AS AN ALTERNATIVE TO MENTAL HEALTHCARE. IF YOU ARE IN NEED OF MENTAL HEALTH SERVICES, PLEASE SEEK CONSULTATION FROM A LICENSED MENTAL HEALTH PROVIDER.

 

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE COMPANY WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE APP. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (I) USE OF OR INABILITY TO USE THE APP, (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE APP, OR (V) ANY OTHER MATTER RELATING TO THE APP.

THE COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE APP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to any use of the App’s content and services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

 

Dispute Resolution

Except where and to the extent prohibited by law, by using the App, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the App or the breach, enforcement, interpretation, or validity of any provision of these Terms of Use (“Dispute(s)”), it shall be resolved in accordance with this section. In the event of a Dispute, both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice of a Dispute shall be sent to:

·  Us, at Confidently Inc. (Address of agent for service:), or by email at support@getconfidently.com

·  You, at the e-mail address we have on file for your account

If you and the Company are unable to reach an agreement, the Dispute shall be settled through mediation. You and the Company shall submit the Dispute to any mutually agreed upon mediation service by providing to the mediation service, a joint, written request for mediation setting forth the subject of the dispute and the relief requested. You and the Company shall cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. You and the Company shall use commercially reasonable efforts in participating in the mediation. The mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties.

All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by either you or the Company, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration, or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If you and the Company are unable to resolve the Dispute through the above mediation procedure, you agree that the sole and exclusive adjudication for such dispute will be final and binding arbitration on an individual basis as described below. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted for binding arbitration under the rules of the American Arbitration Association (“AAA”) then in effect, before one arbitrator to be mutually agreed upon by both parties (or, if not agreed within 30 days of the first party proposing an arbitrator, determined under AAA rules). The Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings at such arbitration. The award determined by the arbitration will be final and binding, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. The place of such arbitration shall be Los Angeles, CA, and the proceedings shall be held there, except to the extent otherwise agreed to by the parties.

 

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any conflict of law principles.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

 

Your Comments and Concerns

This company is operated by Confidently, Inc. at 202 Bicknell Ave, Santa Monica, CA 90405.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to support@getconfidently.com