OVERVIEW
This website is operated by Candid Care Co. (“Candid”). Throughout the site and any other Candid-operated sites (the “Site(s)”) and mobile applications (“Applications”), the terms “we”, “us” and “our” refer to Candid. Candid offers the Site and Applications , including all information and services available to you, the user, conditioned upon your full acceptance of all terms stated here. The name “Candid” and any logos, names or other identifying marks are the property of Candid or our affiliated orthodontists or vendors.
In addition to reading these Terms of Service, you should also read Candid’s Privacy Policy and Notice of Privacy Practices. Our Privacy Policy explains how we may collect and use your personal information. If you use the Sites or Applications, you agree to the terms of our Privacy Policy and acknowledge receiving a copy of the Notice of Privacy Practices. In addition, if you make any purchases through the Sites or Applications or otherwise through Candid, you agree to our Refund Policy.
By visiting or using our Sites or Applications and/or purchasing something from us or from third parties or our affiliates through the Sites or Applications, you engage in our “service” and agree to be bound by these terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced by the Sites or Applications and/or available by hyperlink. These Terms of Service apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms carefully before accessing or using any of our Sites or Applications. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or Applications or use any of our services.
GENERAL CONDITIONS
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes. Your continued use of or access to the Sites or Applications following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Sites and Applications.
You may not use our products or our Sites or Applications for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that we use Stripe for certain payment processing functions, and you agree to accept all of the requirements of the Stripe terms of service, or the terms of service of any other payment provider or provider of financing services. In the case of financing services, you will be asked to execute specific agreements, if applicable to you.
You must not transmit any worms or viruses or any code of a destructive nature.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Notwithstanding the foregoing, we will comply with the requirements of HIPAA as it pertains to the transmission of electronic protected health information.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. You agree that the site and the services are for personal, non-commercial use only.
The headings used here are included for convenience only and will not limit or otherwise affect these Terms.
If you fail to comply with the Terms, we may terminate your access to the Sites or the Applications and the services at any time, without notice, in addition to any other remedies that may be available to us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Sites is not accurate, complete or current (the foregoing does not apply to information related to you as an individual and provided by us to you at the request of a treating orthodontist). The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites or Applications is at your own risk.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products and services (including those sold by third parties through the Sites or Applications, including affiliated orthodontists) are subject to change without notice.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof).
PURCHASES
You may purchase goods (or services) using the Sites or Applications. In connection with a purchase additional terms and conditions may be presented, and by completing a purchase you agree to such additional terms and conditions.
ELECTRONIC COMMUNICATIONS
You consent to communicating with us electronically. We will communicate with you by email, text or by posting messages on the Sites or Applications, through a portal or other electronic means. You agree that electronic communications, including consents and authorizations that you may give, shall satisfy any legal requirements for a writing.
MESSAGING DISCLOSURES
For certain kinds of messages, we may ask you to opt-in by providing your phone number. In those instances we will send you a confirming message that you have subscribed. This will generally be for things like appointment reminders or reminders about changing your aligners. You will have the ability to cancel those reminders at any time by texting “STOP”. However, if you stop those messages, we won’t be able to easily send you those reminders that would be useful for your journey.
If at any time you need some technical help, just text HELP in response to an SMS communication, and help will be on the way.
We are able to deliver messages through the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.
Minor carriers: Indigo Wireless, MetroPCS, Bluegrass Cellular, Illinois Valley Cellular, Viaero Wireless, Pine Belt, GCI Communications, Nex Tech Communications, Shelcomm, Duet Wireless, Inland Cellular, James Valley Cellular (JVC), Standing Rock Telecom, Cross Wireless, Northwest Missouri Cellular, Alaska Communications Systems (ACS), Thumb Cellular, Carolina West Wireless, Union Telephone, MTPCS Cellular One (Cellone Nation), Cordova, Copper Valley Telecom, ASTAC, Rural Independent Network Alliance (RINA), West Central Wireless, Chat Mobility, SouthernLINC, Panhandle Wireless, Cellcom, Truphone, Google Voice, United Wireless, bandwidth.com (includes Republic Wireless), Altice Mobile, Atlantic Tele-Network International (ATNI), Brightlink, Inteliquent, Aerialink, Blue Wireless, Chariton Valley Cellular, Digital Communications Consulting, TextMe, Pioneer Cellular, East Kentucky Network (Appalachian Wireless), Limitless Mobile, Cellular One of N.E. Arizona, Nemont US UMTS, Nemont CDMA, MTA Wireless/Matanuska Kenai, Pine Cellular, Triangle Wireless, Telnyx, Enflick, C Spire Wireless (aka Cellular South), Virgin Mobile, Boost Mobile, United States Cellular Corp.
As always, message and data rates may apply for any messages between us. [Carriers] are not liable for delayed or undelivered messages and message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have questions, text HELP in response to an SMS communication, or you can call us at 1-844-295-6915. Click here for our Privacy Policy and here for our Notice of Privacy Practices for HIPAA.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; COPYRIGHT
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, or otherwise objectionable or violates these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Candid respects intellectual property rights. We may terminate the access privileges of persons who infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the Candid website in a way that infringes your intellectual property rights, please contact Candid at the address below and provide the following information: (1) a description of the work that you claim has been infringed; (2) a description of the content on our website that you claim is infringing, including the URL or other location on the website where the claimed infringing material is located; (3) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (4) your address, telephone number and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owners behalf.
Candid Care Co.
Attention: Copyright Agent
E-mail: legal@candidco.com
Upon receipt of a notice of claimed infringement that satisfies the above requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will act expeditiously to remove or disable access to any content that is claimed to be infringing (subject to contrary proof being obtained) upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
TEEN COMMUNICATION POLICY
Communications are an important part of effective and safe treatment. Part of Candid’s job is to facilitate the flow of information between the orthodontist and the family. This section discusses how we intend to structure the flow of information so that for teen and youth patients, the patient and the family are both included, and the parent/guardian is aware of how Candid and the patient will be interacting.
Candid will direct all outgoing email communications to the parent/guardian, with a separate but identical email to the patient. (The only exception to this rule is that if a person (which could be the teen) books a studio appointment, the pre-appointment communications will be sent only to the email associated with the booked appointment - however, the teen will not be seen at that appointment unless the parent/guardian is present.)
Text messages will follow the rule for email, that is, outgoing texts will be directed to the parent/guardian, with a separate but identical text to the patient.
Either the parent/guardian or the patient may send an email or message to Candid - any outgoing response to be directed to the parent/guardian, with an identical communication to the patient.
Either the patient or the parent/guardian may use the CandidApp. The CandidApp will not generate a notification that it has been used. (For example, if the teen uses the App, the App will not notify the parent.) However, any records generally kept within the App (for example, indication that the most recent progress scan has been completed) will be available to any App user.
Some Candid communications are by telephone. Candid will direct outgoing calls to either the parent/guardian, or the teen, in its reasonable judgement, except as specified herein.
A typical outgoing call may be made if the patient has not timely completed a progress scan, and not responded to a text message reminder. However, if the failure to scan persists, Candid will contact the parent/guardian.
Candid will not engage in any financial transactions with the patient unless the parent/guardian is on the call. Any outgoing calls involving the orthodontist will also include the parent/guardian. If any Candid outgoing call directs the patient to seek medical attention or have a local dentist in-person visit, the parent/guardian will also be contacted. (Such contact may include non-voice call means.)
Candid will accept an incoming call from either the patient or the parent/guardian. In appropriate circumstances, Candid may contact the parent/guardian to notify them of the contact or to schedule a joint call, but there may be many situations in which a call from the patient, without the parent/guardian, can be handled routinely and without issue.
THE PARENT/GUARDIAN EXPLICITLY CONSENTS TO CANDID (AND ITS AFFILIATED ORTHODONTISTS) COMMUNICATION WITH THE TEEN AND YOUTH PATIENT (UNDER AGE 18) IN ACCORDANCE WITH THE FRAMEWORK SET FORTH IN THIS SECTION, AND UNDERSTANDS THAT PARENT/GUARDIAN MAY NOT BE INVOLVED IN ALL COMMUNICATIONS.
PERSONAL INFORMATION
Your submission of personal information through the Sites or Applications is governed by our Privacy Policy. You also agree that any information that you submit through the Sites or Applications that is communicated to our affiliated orthodontists or is otherwise intended or reasonably expected to be used for clinical assessment will be accurate and complete.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service (and all products and services delivered to you through the service) are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Candid, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Nothing in this section “Disclaimer of Warranties; Limitation of Liability” is intended to apply to individuals who are licensed to practice dentistry or orthodontics, in the rendering of professional services by such individuals, with respect to the provision of services for which licensure is required, except to the extent otherwise permitted by applicable state law.
CANDID PROFESSIONAL; CANDID PRO; CANDID PRO PARTNERS
Candid has contractual arrangements with certain community-based providers who will generally see you in office-based practices in the community. These providers have decided to use Candid’s technology and services, but prefer to keep seeing patients in their offices. This combination allows you to benefit from both local care and telehealth. These providers are identified using the phrase “Candid Pro” or “Candid Professional”. On our Sites or Applications, these providers will be separately designated or labeled.
Your Candid Pro provider is your treating provider, and your doctor-patient relationship is with your Candid Pro provider and not with the Candid orthodontists [who work on your treatment plan]. Candid works with the Candid Pro provider to make available support and expertise related to treatment planning, remote monitoring and the use of aligners, but all final decisions rest with the Candid Pro provider.
You may be a patient of the Candid Pro provider prior to having any interaction with Candid, or your first visit to the Candid Pro provider may be in connection with seeking Candid-related services. In either case, questions related to your care, billing, records, refunds, insurance and complaints should generally first be directed to that provider’s office. If your provider is a Candid Pro provider and you contact Candid’s Customer Support, Customer Support will attempt to assist if appropriate, but in many cases you will be referred to the Candid Pro provider’s office. Candid’s Customer support will in those situations handle questions about delivery or receipt of materials; routine questions about maintaining your aligners; questions about the use of software and applications, and other routine, non-clinical questions.
These Terms apply to all of your interactions and transactions with Candid, but your Candid Pro provider should have separate terms and conditions that will apply to your relationship with them.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
INTERPRETATION
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party, or any of its workforce, officers, directors or contractors.
DISPUTE RESOLUTION/MANDATORY ARBITRATION
ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND CANDID OR ITS CONTRACTORS, PERSONNEL, DIRECTORS, AFFILIATES OR SUPPLIERS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by this [Agreement]. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is necessary. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Each of the parties shall bear its own fees and costs of the arbitration, and shall share the expenses and fees of the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Candid will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you. The entire arbitration, including the arbitrator’s decision, shall be confidential unless otherwise agreed by the parties.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
USE IN THE UNITED STATES; GOVERNING LAW
The Sites and Applications are hosted in the United States and are intended only for users located in the United States. Note also that information submitted by you to us may be transmitted to and shared with third parties located in other countries, in order to provide services to you. These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New York State, United States.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@candid.com. You may also reach us at (844) 295-6915, or write to us at: Candid Customer Support, 44 West 28th Street, Floor 14, New York, NY 10001.
Revision Date: October 19, 2020