Terms & Conditions

Introduction

Candid Technology is a SaaS platform offering AI-enabled tools for senior living and long-term care, including automated voice and text interactions, surveys, feedback, analytics, reporting, and workflow automation, delivered via digital platforms, AI phone services, our website, and mobile apps (the "Services"). These Terms are a legally binding agreement between you and Candid Technology, Inc.

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

ARBITRATION AND CLASS ACTION WAIVER: These Terms require binding individual arbitration to resolve disputes, and you waive the right to participate in a class action and the right to a jury trial. An opt-out is available as described in the Dispute Resolution section.

Definitions

"AI Conversations", automated voice or text interactions conducted by the platform's artificial intelligence.
"Content", any data, text, recordings, transcripts, or other materials submitted to or generated through the Services.
"End-User", an individual who interacts with the Services.
"Family/Caregiver", an individual granted access to an End-User's Content through an explicit, secure share.
"Partner/API User", an organization or developer integrating with the Services under separate guidelines.
"Sensitive Health Data", health-related information; Candid will never request such information.

Eligibility

You must be at least 13 years old (or the minimum age required in your jurisdiction). Minors need guardian permission to use the Services.

Description of Services

AI-Powered Interviews, you are told it is an AI at the start of the interaction.
Satisfaction Surveys.
Care Recommendations, informational only, and not professional advice.

We may modify, suspend, or discontinue the Services at any time.

User Groups and Access

End-Users own their Content and control privacy settings.
Family/Caregiver access is only available through an explicit, secure share, and is revocable.
Partner/API Users must follow separate guidelines.

Account Registration, Information, and Security

You must provide your name, email, and phone number, and keep this information accurate. You are responsible for the confidentiality of your credentials. We may suspend or terminate accounts for untrue information, compromise, or violations of these Terms.

Data Storage, Localization, and Retention

Data is stored locally in your country. Accounts inactive for 24 months may be deleted after notice. De-identified or aggregated data may be used to operate and improve the Services.

Content, Monitoring, and Intellectual Property

You retain intellectual property rights in your Content, but you grant Candid a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to operate and improve the Services. We may monitor a subset of Content and remove illegal or violating Content. All intellectual property in the Services belongs to Candid or its licensors.

Prohibited Uses

You agree not to:

Use the Services for any unlawful purpose.
Gain unauthorized access to, or interfere with, the Services or related systems.
Disrupt the integrity or security of the Services, including through denial-of-service attacks.
Transmit malware or other harmful code.
Impersonate any person or entity.
Use automated scraping, bots, or similar tools unless expressly permitted.
Share account credentials.
Remove proprietary notices.
Violate the rights of others.
Engage in fraudulent, abusive, or objectionable conduct.
Commercialize the Services.
Reverse-engineer the Services.
Build a competing product.
Infringe Candid's intellectual property.

Handling of Sensitive Health Data

Candid never asks for Sensitive Health Data. We apply commercially reasonable safeguards. The Services are not a substitute for professional medical advice.

Privacy and Data Security

Please refer to our Privacy Statement for details on how we handle your information.

DMCA and Copyright Infringement Procedures

Send copyright infringement notices to our DMCA Designated Agent:

Candid Technology, Inc.
850 New Burton Road, Suite 201
Dover, DE 19904
Phone: (617) 295-7574
Email: info@callcandid.com

A valid notification must include:

A physical or electronic signature of the copyright owner or authorized agent.
Identification of the copyrighted work claimed to have been infringed.
Identification of the infringing material and its location.
Your contact information.
A statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

A counter-notice is available to those whose material has been removed.

Feedback

Any feedback you provide is non-confidential and becomes the property of Candid.

Electronic Messaging Communications

You consent to receiving electronic communications, including email, SMS, push notifications, and WhatsApp messages. Transactional and service messages cannot be opted out of where necessary to provide the Services. By providing your number, you consent to SMS and WhatsApp messages; message and data rates may apply, and you can reply STOP to opt out. Marketing communications are sent only with your consent and can be withdrawn at any time. Consent is not a condition of purchase.

Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

AI Disclaimer: AI outputs are informational, and you remain responsible for your decisions.

Care Recommendations Disclaimer: Care recommendations are not medical, clinical, or financial advice.

Limitation of Liability: To the maximum extent permitted by law, Candid is not liable for indirect, consequential, or punitive damages, and our aggregate liability is capped at the amounts you paid in the prior 12 months.

Indemnification

You agree to indemnify the Candid Technology Parties for claims arising from your use of the Services, your violations of these Terms, your sharing of third-party data, health decisions, infringement, or misconduct. This obligation survives termination.

Changes to These Terms

We may modify these Terms at any time. Material changes will be notified. Continued use constitutes acceptance.

Governing Law

These Terms are governed by the laws of the State of Delaware, with exclusive jurisdiction in the state and federal courts located in Delaware.

Dispute Resolution

Mandatory Binding Arbitration: Disputes are resolved by binding arbitration under the AAA Commercial Rules, before a single arbitrator, in Delaware.

Initial Dispute Resolution: Before arbitration, the parties will attempt a good-faith informal resolution for 60 days, beginning with an email to info@callcandid.com.

CLASS ACTION WAIVER: YOU AND CANDID AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.

JURY TRIAL WAIVER: YOU AND CANDID WAIVE ANY RIGHT TO A JURY TRIAL.

Opt-Out:You may opt out of arbitration by sending written notice within 30 days, with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT," to the Dover address below or to info@callcandid.com.

Exceptions: Intellectual property disputes, small claims, and non-arbitrable claims are excluded from arbitration.

Termination

You may stop using the Services at any time. We may suspend or terminate access with or without cause. Certain sections survive termination.

Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control.

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

Contact Information

Address: Candid Technology, Inc., 850 New Burton Road, Suite 201, Dover, DE 19904.

Email: info@callcandid.com