Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Candidry application (“Application”) operated by Altquid, Inc. ("the Company", "We", "Us", or "Our").
Interpretation and Definitions
Interpretation
Words with the initial letter capitalized have meanings defined under the conditions below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named Candidry.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) from which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of 50% or more of the shares or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access Our Service or parts of Our Service.
Country refers to California, United States.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Altquid, Inc.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of Our Service.
In-app Purchase refers to the purchase of a product, item, service, or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
Service refers to the Application.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. They set out the rights and obligations of all users regarding use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
In-app Purchases
The Application may include In-app Purchases that allow You to buy products, services, or Subscriptions. More information about how You may be able to manage In-app Purchases on Your Device may be found in the Application Store's terms and conditions or in Your Device's Help settings.
In-app Purchases can only be consumed within the Application.
Once an In-app Purchase is initiated and downloaded, it cannot be canceled or redeemed for cash or other consideration.
If an In-app Purchase does not download successfully or does not work once downloaded, We will investigate the reason for the fault and, if necessary, provide a replacement or a patch to repair the fault.
In the unlikely event that We cannot replace or repair the In-app Purchase within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store and are governed by that Application Store's own terms and conditions. If You have any payment-related issues with In-app Purchases, You must contact the Application Store directly.
User Accounts
When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding Your password for accessing the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use a username that is the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. This license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that:
The Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms.
The posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of users of the Service. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account.
You may not transmit any Content that is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable. Objectionable Content includes but is not limited to:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine- or randomly-generated content, unauthorized advertising or solicitations, chain letters, or any form of lottery or gambling.
Viruses, worms, malware, trojan horses, or other content intended to disrupt or damage the functioning of software, hardware, or telecommunications equipment.
Content infringing upon proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonating any person or entity (including the Company and its employees).
Violating the privacy of any third person.
False information and features.
The Company reserves the right, at its sole discretion, to determine whether any Content is appropriate and complies with these Terms, and to refuse or remove that Content. The Company may also limit or revoke Your use of the Service if You post objectionable Content. As We cannot control all Content posted by users or third parties, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive or objectionable, and You agree that the Company shall not be liable for any such Content.
Content Backups
Although regular backups of Content are performed, the Company does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by Content that is corrupted prior to or during the backup process.
The Company will provide support to attempt to troubleshoot issues that may affect the backup of Content, but You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right.
If You are a copyright owner or authorized on behalf of one, and You believe that a copyrighted work has been copied in a way that constitutes copyright infringement, please submit Your notice in writing to Our copyright agent at contact@candidry.com, with a detailed description of the alleged infringement.
You may be held liable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material You claim is infringing is located.
Your address, telephone number, and email address.
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.
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.
Upon receipt of a valid notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from the Service.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including but not limited to damages for lost profits, loss of data or other information, for business interruption, for personal injury, or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software, or third-party hardware used with the Service, even if the Company or any supplier has been advised of the possibility of such damages.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, meaning some of the above limitations may not apply. In such states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, expressly disclaims all warranties—express, implied, statutory, or otherwise—with respect to the Service, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Without limitation, the Company makes no warranty that the Service will meet Your requirements, achieve intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free. The Company does not warrant that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights, so some or all of the above exclusions may not apply to You. In such cases, the exclusions and limitations shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country (California, United States), excluding its conflicts of law rules, govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us at contact@candidry.com.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that:
You are not located in a country that is subject to a United States government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country.
You are not listed on any U.S. government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If You have any questions about these Terms and Conditions, You can contact us: