1. Introduction and Definitions
1.1 Agreement
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and CandyMate, Inc. ("CandyMate," "we," "us," or "our") governing your access to and use of the CandyMate application, website, and related services (collectively, the "Services").
1.2 Definitions
Throughout these Terms, the following terms shall have the meanings defined below:
- "Content" refers to any information, data, text, files, images, or other materials uploaded, stored, sent, or received through the Services.
- "Personal Data" means any information that identifies or can be used to identify you, directly or indirectly.
- "Subscription" refers to the paid access to premium features of the Services.
- "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future.
2. Acceptance of Terms
2.1 Binding Agreement
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Services.
2.2 Updates to Terms
We reserve the right to modify these Terms at any time. For material changes, we will provide notice through the Services, via email, or other means at least 30 days before the changes become effective. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms. Material changes will not apply retroactively unless required by law.
2.3 Non-Material Changes
For non-material modifications, we may not provide advance notice. We encourage you to review the Terms periodically.
3. Eligibility and Account Registration
3.1 Age Requirements
To use the Services, you must be at least 16 years old, or the minimum age required for digital consent in your jurisdiction (e.g., 13 in the United States under COPPA). If you are under the applicable age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf.
3.2 Account Registration
To use the features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.3 Account Security
You are responsible for:
- Safeguarding your account credentials
- All activities that occur under your account
- Notifying us immediately at security@mymycandymate.com if you suspect any unauthorized access to your account or other security breach
3.4 Account Restrictions
You may not:
- Share your account credentials with others
- Use another person's account
- Sell, transfer, or assign your account to any other person or entity without our prior written consent
4. Subscriptions and Payments
4.1 Service Tiers
CandyMate offers both free and premium subscription tiers. Features available in each tier are described on our pricing page and may be modified at our discretion.
4.2 Subscription Fees and Billing
By subscribing to premium services:
- You agree to pay all fees associated with your selected subscription plan
- Billing occurs at the beginning of each billing cycle (monthly or annual)
- Subscription fees are non-refundable except as required by law or as expressly provided in these Terms
4.3 Payment Methods
We accept various payment methods as indicated during checkout. You authorize us to charge your selected payment method for all applicable fees. If your payment cannot be completed, we may suspend or terminate your access to premium features.
4.4 Subscription Changes and Cancellation
- You may upgrade, downgrade, or cancel your subscription at any time through your account settings
- Upgrades take effect immediately with prorated charges for the remainder of the current billing cycle
- Downgrades and cancellations take effect at the end of your current billing cycle
- No refunds will be provided for the unused portion of your current billing cycle upon cancellation unless required by law
4.5 Free Trials
We may offer free trials of premium features. Unless you cancel before the trial period ends, your selected payment method will be charged for the first billing cycle of the subscription.
4.6 Price Changes
We reserve the right to adjust pricing for our Services. If we change pricing for your subscription plan, we will notify you at least 30 days in advance.
5. Acceptable Use
5.1 General Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:
- Violate any applicable law, regulation, or third-party rights
- Use the Services for any illegal, harmful, fraudulent, or deceptive activities
- Upload, store, or share any content that violates these Terms
- Attempt to gain unauthorized access to the Services or related systems
- Interfere with other users' enjoyment of the Services
5.2 Prohibited Content
You may not upload, store, or share content that:
- Infringes on intellectual property rights of others
- Contains malicious code, viruses, or harmful data
- Promotes hate speech, violence, or discrimination
- Contains sexually explicit material
- Harasses, bullies, or intimidates others
- Impersonates any person or entity
- Contains private or confidential information of others without authorization
- Is false, misleading, or deceptive
5.3 System Integrity
You agree not to:
- Reverse engineer, decompile, or attempt to extract the source code of the Services
- Use automated scripts, bots, spiders, or scrapers to access the Services without our prior written permission
- Overload, flood, spam, or mail-bomb our servers
- Interfere with or disrupt the integrity or performance of the Services
- Bypass any measure we use to restrict access to the Services
5.4 API Usage
If we provide API access:
- You must comply with any rate limits and API documentation requirements
- You may not share API credentials with third parties
- We reserve the right to restrict or revoke API access at any time
5.5 Enforcement
We reserve the right to investigate and take appropriate legal action against violations of these Terms, which may include:
- Removing prohibited content
- Suspending or terminating accounts
- Reporting illegal activities to law enforcement authorities
6. User Content and Licenses
6.1 Ownership of User Content
You retain all ownership rights to the content you upload, store, or share through the Services. By submitting content, you represent and warrant that you own or have all necessary rights to such content.
6.2 License to CandyMate
You grant CandyMate a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content solely for the purposes of providing, maintaining, and improving the Services.
6.3 User Content Representations
You represent and warrant that your content:
- Does not infringe upon the rights of any third party
- Complies with all applicable laws and regulations
- Complies with these Terms and our Community Guidelines
- Does not contain malware, viruses, or other harmful code
6.4 Content Removal
We reserve the right to remove or disable access to any content that violates these Terms or that we reasonably believe may expose us to potential liability or harm. We will notify you if we remove your content, where feasible.
6.5 User Feedback
If you provide suggestions, ideas, or feedback about our Services, you grant us the right to use such feedback without restriction or compensation to you.
7. Privacy and Data Protection
Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We encourage you to read and understand our Privacy Policy. The Privacy Policy forms an integral part of this Terms of Services.
8. Intellectual Property Rights
8.1 CandyMate Property
The Services and all materials therein, including but not limited to software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, audio, videos, and the compilation of all content on the Services, are owned by or licensed to CandyMate and are protected by copyright, trademark, and other intellectual property laws.
8.2 Limited License to Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
8.3 Restrictions
You may not:
- Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, sublicense, or loan any part of the Services
- Remove any copyright, trademark, or other proprietary notices from the Services
- Use any branding, logos, or trademarks of CandyMate without our prior written consent
- Use the Services for commercial purposes without our authorization
8.4 Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing
- Your contact information
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
- A statement, under penalty of perjury, that the information in the notification is accurate
Please send copyright infringement notices to legal@mymycandymate.com.
9. Third-Party Services and Links
9.1 Third-Party Services
The Services may integrate with or contain links to third-party websites, applications, or services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services.
9.2 Third-Party Terms
Your interactions with any third-party service are subject to that third party's terms and privacy policy. We encourage you to read the terms and privacy policy of each third-party service you interact with.
9.3 Third-Party Data
When you connect your CandyMate account to third-party services (e.g., Google Drive, calendar services), you authorize us to access and use your data from those services in accordance with our Privacy Policy and the permissions you grant.
9.4 Integrations
We may offer integrations with third-party services to enhance functionality. These integrations are provided "as is" without any warranty. We may modify, suspend, or discontinue any integration at any time without notice.
10. Disclaimers and Limitations of Liability
10.1 Services Provided "As Is"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.2 No Guarantees
We do not warrant that:
- The Services will meet your specific requirements
- The Services will be uninterrupted, timely, secure, or error-free
- The results from using the Services will be accurate or reliable
- Any errors in the Services will be corrected
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANDYMATE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
10.4 Cap on Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO CANDYMATE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100.
10.5 Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations may not apply to you.
11. Indemnification
11.1 User Indemnification
You agree to defend, indemnify, and hold harmless CandyMate, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your access to or use of the Services
- Your violation of these Terms or any applicable law
- Your violation of any third-party right, including any intellectual property or privacy right
- Any content you submit, post, or transmit through the Services
11.2 Defense
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Dispute Resolution and Governing Law
12.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Bangladesh, without giving effect to any choice or conflict of law provision or rule.
12.2 Informal Dispute Resolution
Before filing a claim against CandyMate, you agree to attempt to resolve the dispute informally by contacting legal@mymycandymate.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days, you or CandyMate may proceed with formal proceedings.
12.3 Arbitration Agreement
Except for small claims court cases or disputes related to intellectual property rights, any dispute arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration administered by a recognized arbitration association/organization in Bangladesh.
12.4 Arbitration Procedures
The arbitration will be conducted in Dhaka, Bangladesh, unless you and CandyMate agree otherwise. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
12.5 Class Action Waiver
YOU AND CANDYMATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
12.6 Opt-Out Procedure
You may opt out of this arbitration agreement within 30 days of accepting these Terms by sending a letter to legal@mymycandymate.com using your email registered with CandyMate, stating your intent to opt out of the arbitration provision.
12.7 Survival
This arbitration agreement will survive the termination of your relationship with CandyMate.
13. Termination and Suspension
13.1 Termination by User
You may terminate your account at any time by:
- Following the account deletion process in your account settings
13.2 Termination by CandyMate
We may suspend or terminate your access to the Services, without prior notice or liability, for any reason, including but not limited to:
- Violation of these Terms
- Suspected fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Requests by law enforcement or other government agencies
13.3 Effects of Termination
Upon termination:
- Your right to access and use the Services will immediately cease
- We may delete or archive your content and account information
- Sections of these Terms that, by their nature, should survive termination shall remain in effect
13.4 Data Retention and Export
Before account termination, we recommend that you download any data you wish to retain. After termination, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete or anonymize your data within 30 days of account termination.
13.5 Appeals Process
If you believe your account was suspended or terminated in error, you may appeal by contacting legal@mymycandymate.com with relevant details.
14. Service Level and Availability
14.1 Service Availability
While we strive to maintain high availability of our Services, we do not guarantee uninterrupted access. The Services may be temporarily unavailable due to maintenance, system failures, or other factors beyond our control.
14.2 Scheduled Maintenance
We perform routine maintenance to optimize and improve the Services. When possible, we will provide advance notice of scheduled maintenance that may affect Service availability.
14.3 Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government actions, power failures, internet service provider failures, or similar events.
15. International Use
15.1 Cross-Border Transfer
The Services are controlled and operated in Bangladesh. If you access the Services from outside Bangladesh, you do so at your own risk and are responsible for compliance with local laws.
15.2 Data Transfers
If you access the Services from regions with laws governing data collection and use that may differ from Bangladesh law, you acknowledge that we transfer Personal Data to Bangladesh and process it there.
15.3 Regional Variations
Certain features of the Services may not be available in all regions due to legal restrictions or operational considerations.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and CandyMate regarding the Services.
16.2 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of CandyMate.
16.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction.
16.5 Notices
Any notices or other communications provided by CandyMate under these Terms will be given by posting to the Services or, if we have your email address, by email. Notices to CandyMate should be sent to legal@mycandymate.com.
16.6 No Agency
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority to bind CandyMate in any way.
16.7 Survival
The following provisions shall survive the termination of these Terms: Intellectual Property Rights, Disclaimers and Limitations of Liability, Indemnification, Dispute Resolution and Governing Law, and General Provisions.
17. Contact Information
If you have any questions about these Terms or the Services, please contact us at:
- Email: support@mycandymate.com
- Address: oddopi, Farmgate, Dhaka, Bangladesh
- For legal notices: legal@mycandymate.com