Terms of Use for Confidante

Last Updated: December 22, 2024

Welcome to Confidante! These Terms of Use (“Terms”) govern your access to and use of the Confidante interactive journaling platform (the “Service”), owned and operated by Sage Fern LLC, d/b/a/ Confidante (“we,” “us,” or “our”).

By accessing or using Confidante, you agree to these Terms. If you do not agree, please do not use our Service.

1. Acceptance of Terms

By creating an account, accessing or using Confidante, you acknowledge that you have read, understood, and agreed to:

• These Terms of Use
• Our Privacy Policy (linked here)

If you are under 18 years old, you must have parental or guardian consent to use the Service.

2. Description of Service

Confidante is an online interactive journal designed to improve well-being through mindfulness practices and journaling prompts.

• The Free Version provides basic features for journaling and self-reflection.
• The Paid Subscription Plan offers premium features, which may include advanced analytics, advanced AI-driven insights, and additional tools.

We reserve the right to modify or discontinue features at any time without prior notice.

3. Account Registration

To use Confidante, you must:

• Create an account with accurate and complete information.
• Maintain the security of your account credentials.
• Notify us immediately if you suspect unauthorized access to your account.

You are responsible for all activities that occur under your account.

4. Subscription Plans and Payments

• Paid subscriptions are offered on a monthly or annual basis.
• Payments are processed via Stripe, Inc., our secure third-party payment provider.
• Subscription fees are non-refundable, except as required by law or outlined in these Terms.
• Automatic renewal will apply unless canceled before the renewal date.
• Cancellation: You can cancel your subscription at any time. No refunds will be provided for the remaining period of your current subscription, but you will retain access to paid services until the end of the subscription period. 
• Free Trials: We may offer free trial periods for our subscription services. Unless you cancel before the end of the trial, you will be billed for the subscription at the end of the trial period. We may modify or cancel free trial offers at any time.
• Promotions: Any promotions are subject to their own rules, which will prevail over these terms in case of conflict.

To cancel your subscription:

• Log in to your account.
• Navigate to Profile > Settings.

5. Communication Preferences

By creating an account, you consent to receive:

• Transactional Emails and SMS Notifications: Account updates, payment receipts, or important service changes.
• Promotional Emails: Special offers, updates, and newsletters.

Opt-Out Options:

• Emails: Adjust settings in Profile > Settings.
• SMS: Adjust settings in Profile > Settings.

You can also unsubscribe via the “Unsubscribe” link in any promotional email or reply "STOP" to any SMS message.

6. User Conduct

You agree not to:

• Use the Service for any illegal or unauthorized purposes.
• Share, sell, or exploit any content or insights derived from the Service.
• Attempt to reverse engineer or disrupt the Service’s functionality.
• Upload or share harmful, offensive, or malicious content.

Violation of these terms may result in account suspension or termination.

7. Intellectual Property Rights

• All content provided by Confidante, including text, graphics, logos, and AI-generated insights, is owned by Confidante, Inc. and protected under intellectual property laws.
• You retain ownership of your journal entries and uploaded content but grant us a non-exclusive, worldwide license to use it solely for the purpose of operating and improving the Service.

8. Privacy and Data Security

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data.

9. Limitation of Liability

• Limitation of Liability: You expressly understand and agree that Confidante shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses.
• Indemnity: You agree to indemnify and hold harmless Confidante and its affiliates, officers, directors, employees, agents, and third-party service providers from any losses, liabilities, damages, claims, and expenses, including legal fees, arising out of or related to your use of the Services or any violation of these Terms.

10. Dispute Resolution

Informal Negotiation

In the event of a dispute, you agree to first attempt to resolve the issue informally by contacting us at help@myconfidante.app.

Arbitration

If a resolution cannot be reached informally, disputes shall be resolved via arbitration in San Francisco County, California, in accordance with the rules of the American Arbitration Association (AAA).

• Arbitration shall be binding and confidential.
• Each party shall bear its own arbitration costs unless otherwise decided by the arbitrator.

Statute of Limitations

Any legal claims must be filed within 1 year of the event giving rise to the claim.

11. Termination of Account

We reserve the right to:

• Suspend or terminate your account if you violate these Terms.
• Modify or discontinue the Service at any time without prior notice.

You may terminate your account at any time by navigating to Profile > Settings > Delete Account.

12. Changes to These Terms

We may update these Terms from time to time. When we do:

• We’ll notify you via email or through the Service.
• Continued use of the Service after updates constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

14. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (916) 928-1227. Sage Fern LLC can be contacted at support@myconfidante.app.

15. Contact Us

If you have questions about these Terms you may contact us by email at support@myconfidante.app  

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