Truthbrush Terms of Services

Introduction

Please read these Terms of Service (these "Terms") carefully as they govern your use of (which includes access to) Truthbrush's personalized services for teeth brushing tracking and other content and services, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Truthbrush Service") and any material that is made available through the Truthbrush Service (the "Content").

Use of the Truthbrush Service may be subject to additional terms and conditions presented by Truthbrush, which are hereby incorporated by this reference into these Terms.

By purchasing, signing up for, or otherwise using, the Truthbrush Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Truthbrush Service or access any Content.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

Service Provider

These Terms are between you and the makers of Truthbrush branded products, Candibell, Inc 600 Suffolk St #250, Lowell, MA 01854.

Age and Eligibility Requirements

BY USING THE TRUTHBRUSH SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS.

The Truthbrush Service Provided by Us

Precautions

THE TRUTHBRUSH SERVICES ARE NOT A MEDICAL OR DENTAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL OR DENTAL ADVICE BY TRUTHBRUSH (CANDIBELL, INC). THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL OR DENTAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF MEDICAL OR DENTAL PROFESSIONALS.

THE SERVICES, INCLUDING ALL INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR MEDICAL OR DENTAL PROFESSIONAL, (b) A VISIT, CALL, OR CONSULTATION WITH YOUR MEDICAL OR DENTAL PROFESSIONAL OR OTHER MEDICAL OR DENTAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR MEDICAL OR DENTAL PROFESSIONAL OR OTHER MEDICAL OR DENTAL PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR MEDICAL OR DENTAL PROFESSIONAL OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL OR DENTAL ADVICE OR DELAY IN SEEKING MEDICAL OR DENTAL ADVICE BECAUSE OF ANY INFORMATION PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY INFORMATION PROVIDED IN THE SERVICES FOR DIAGNOSING OR TREATING A MEDICAL OR DENTAL PROBLEM. THE TRANSMISSION AND RECEIPT OF SERVICES, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, EMAIL, OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A HEALTH CARE PROFESSIONAL-PATIENT OR THERAPIST-PATIENT RELATIONSHIP BETWEEN YOU AND TRUTHBRUSH (CANDIBELL, INC).

You should always consult a medical or dental professional before making any changes to your oral care activity based on information provided through the Services, or if you have any questions regarding a health or dental condition. Truthbrush (Candibell, Inc) is not responsible for any health or dental problems that may result from information you learn about through the Services. If you make any change to your oral care or activity based on the Services, you agree that you do so fully at your own risk. It is important to be sensitive to your body's responses. The information in the Services may be misleading if your physiological functions and responses differ significantly from population averages due to medical or dental conditions or rare natural differences.

OUR PRODUCTS SHOULD NOT BE PLACED IN THE MOUTH AT ANY TIME. TRUTHBRUSH (CANDIBELL, INC)’S PRODUCT IS NOT A TOY NOR IS IT INTENDED FOR USE BY CHILDREN UNDER 3. ADULT SUPERVISION IS REQUIRED, AS IT MAY POSE A CHOKING HAZARD. THE PRODUCT MAY CONTAIN SMALL COMPONENTS SUCH AS BATTERY AND SMALL PARTS THAT MAY REPRESENT A RISK FACTOR FOR CHILDREN. YOU HEREBY ACKNOWLEDGE THESE POTENTIAL RISK FACTORS AND AGREE TO USE OUR PRODUCTS AT YOUR OWN RISK.

Truthbrush Service Options

We provide numerous Truthbrush Service options. Certain Truthbrush Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a Truthbrush Service via a Trial, you agree to the Truthbrush Promotional Offer Terms.

Third-Party Applications, Devices and Open Source Software

The Truthbrush Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Truthbrush does not guarantee that Third-Party Applications and Devices will be compatible with the Truthbrush Service.

Service Limitations and Modifications

We use reasonable efforts to keep the Truthbrush Service operational and to provide you with a personalized oral care tracking experience. However, our service offerings and their availability may change from time to time, without liability to you; for example:

The Truthbrush Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.

We aim to evolve and improve the Truthbrush Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Truthbrush Service (including particular functions, hardware, features, subscription plans, pricing & bundle options, and promotional offerings); Truthbrush (Candibell, Inc) has no obligation to provide any specific content through the Truthbrush Service, and Truthbrush (Candibell, Inc) or the applicable owners may remove particular content without notice.

Truthbrush has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other cloud service outages or failures that are caused by the actions of government authorities, other third parties (including cloud service providers), failure to keep devices in proper working order (eg. with a fully charged battery) or events beyond our control.

Your Use of the Truthbrush Service

Creating a Truthbrush account

You will need to create a Truthbrush account to use all or part of the Truthbrush Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for the complexity of as well as all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately (support@truthbrush.com) if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

Truthbrush (Candibell, Inc) may reclaim, or require you to change, your username for any reason.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Truthbrush of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Member Data and any other information or content you provide to Truthbrush.

You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Truthbrush to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

You may need to provide us with your name, phone number, email and/or address information (Fulfillment Information) in order for us to fulfill your Truthbrush order. We endeavor to apply reasonable security measures to protect the confidentiality and integrity of the data. However, we cannot guarantee the consistency and accuracy of such fulfillment information you provided to us when making a purchase. It is therefore essential that you make sure the fulfillment information you provided to us is up to date and accurate. Once an order is shipped, we generally are unable to retrieve the order and therefore are unable to cover the cost of loss if the fulfillment information is inaccurate.

Access to the Truthbrush Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Truthbrush Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Truthbrush . You agree that you will not redistribute or transfer the Truthbrush Service or the Content.

Any software API or cloud services exposed on the Internet are proprietary and shall only be accessed with the official Truthbrush software. Any unauthorized access to software API or our cloud software service are strictly forbidden.

The Truthbrush software applications and the Content are licensed, not sold or transferred to you, and Truthbrush and its licensors retain ownership of all copies of the Truthbrush software applications and Content even after installation on your Devices.

Truthbrush’s Proprietary Rights

The Truthbrush Service and the Content are the property of Truthbrush or Truthbrush’s licensors. All Truthbrush trademarks, service marks, trade names, logos, domain names, patents, intellectual properties and any other features of the Truthbrush brand ("Truthbrush Brand Features") are the sole property of Truthbrush. These Terms do not grant you any rights to use any Truthbrush Brand Features whether for commercial or non-commercial use.

You agree to abide by the Truthbrush User Guidelines and not to use the Truthbrush Service, the Content, or any part thereof in any manner not expressly permitted by these Terms. You acknowledge that Truthbrush (Candibell, Inc) has the right to monitor use of the Services to ensure compliance with the Agreement.

Payments and Cancellation

Billing

You may purchase Truthbrush directly from www.truthbrush.com or through a third party merchant either by:

• Paying an activation fee plus applicable taxes and shipping in advance and then a service fee on a recurring basis (Paid Subscription); or
• Pay in full plus applicable taxes and shipping in advance and access the Truthbrush app and services for as long as the Tracker allows (For Classic Tracker, this is when the battery depletes; For Pro Tracker, you can replace battery and continue using the tracker and software service)

Tax rates are calculated based on the information you provide and the applicable rate at the time of your recurring charge.

Shipping charge is based on your location and is charged based on service level (e.g. economy vs express). Truthbrush may offer free shipping when certain criteria is met (e.g. minimal order value). Truthbrush may use any carrier service of its choice to fulfill orders, as long as the expected service window and delivery time are reasonably satisfied.

If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Truthbrush Service in addition to these Terms. Please contact the third party regarding any refunds or to manage your subscription. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of Truthbrush for access to a Paid Subscription ("Codes"), you hereby agree to the Truthbrush Card Terms.

We may bill you in multiples of month (i.e. monthly, quarterly, bi-yearly or yearly), based on the product you select and the Terms you agree to when purchasing from Truthbrush. We may need to keep your payment information on file and then charge to this payment instrument on a recurring basis. Truthbrush relies on Stripe for payment processing, secure tokenization and recurring billing. For information on Stripe and its practice and policy for data security and compliance certification, please visit www.stripe.com. Your payment information is not stored on or directly managed by the Truthbrush system.

Price and Tax Changes

Truthbrush may from time to time make changes to Paid Subscriptions, including activation fee, recurring subscription fees, the Trial Period, and will communicate any price changes on www.truthbrush.com. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Truthbrush Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your recurring charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

Your payment to Truthbrush or the third party through which you purchased the Paid Subscription will automatically renew, unless you cancel your Paid Subscription before the end of the then-current subscription period. Please see our FAQ tab on www.truthbrush.com or contact our customer support team (support@truthbrush.com) for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

Minimum Service Period

The Minimum Service Period, if applicable, is the shortest period you agree to pay for the Paid Subscription service, and is defined and agreed upon at purchase time. You may request to cancel at any time, however if you cancel before you reach the Minimum Service Period, we will continue billing you till the end of the Minimum Service Period, if and when a Minimum Service Period is applicable.

Trial Period

Your Paid Subscription may come with a free trial period. The free trial period begins at purchase, and continues for 14 days from that date. Once started, the complimentary 2 weeks cannot be paused or restarted. Your first recurring service fee will be billed when the trial period expires.

Content and Intellectual Property Rights

Licenses that you grant to us

User Content

You retain ownership of your User Content when you post it to the Truthbrush Service. However, in order for us to make your User Content available on the Truthbrush Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to Truthbrush a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Truthbrush Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Truthbrush Service or any Content ("Feedback"), such Feedback is not confidential and may be used by Truthbrush without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device

You also grant to us the right (1) to allow the Truthbrush Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Truthbrush Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.

Content Experience

In any part of the Truthbrush Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including Truthbrush's agreements with third parties.

Some Content licensed by, provided to, created by, or otherwise made available by Truthbrush (e.g., podcasts or shows) may incorporate advertising or other promotional messages.

Truthbrush endeavors to provide the most accurate Content for the behavioral and performance data of a user’s teeth brushing activities. Truthbrush uses proprietary system and processing algorithms to perform data analytics. Truthbrush offers however, no warranty to the accuracy, reliability, completeness, promptness to the Content or visualization of the Content.

Customer Support, Information, Questions, and Complaints

For customer support with account- and payment-related questions ("Customer Support Queries"), please use Customer Support resources listed on the Support section of our website or email us at support@truthbrush.com

If you have any questions concerning the Truthbrush Service or these Terms (including any additional Truthbrush terms and conditions incorporated herein), please contact Truthbrush Customer Service by visiting the Support section of our website or by emailing us at support@truthbrush.com

In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Problems and Disputes

Suspending and Terminating the Truthbrush Service

These Terms will continue to apply to you until terminated by either you or Truthbrush (Candibell, Inc). Truthbrush (Candibell, Inc) may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Truthbrush Service at any time if we believe you have breached any of these Terms, if we stop providing the Truthbrush Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Truthbrush (Candibell, Inc) terminate these Terms, or if Truthbrush (Candibell, Inc) suspends your access to the Truthbrush Service, you agree that Truthbrush (Candibell, Inc) shall have no liability or responsibility to you, and (except as expressly provided in these Terms) Truthbrush (Candibell, Inc) will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Truthbrush Service.

Account Delete

You may request to terminate your Truthbrush account at any time by writing to us at support@truthbrush.com. Or by pressing the “delete account” button within the Truthbrush mobile application. Once a request is received it will be conducted in the next update cycle and this action can not be undone.

Warranty Disclaimers

THE TRUTHBRUSH SERVICES ARE PROVIDED TO YOU “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND TRUTHBRUSH (CANDIBELL, INC) AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. TRUTHBRUSH (CANDIBELL, INC) DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THE AVAILABILITY OF CONTENT, THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL FUNCTION WITH OTHER MOBILE APPS OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRUTHBRUSH (CANDIBELL, INC) OR AN TRUTHBRUSH (CANDIBELL, INC) AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

Within the warranty period, and subject to terms and conditions in the Truthbrush Warranty policy below, Truthbrush(Candibell, Inc) shall repair or replace at no charge to you any components of the Product that fail the limited warranty provided. You shall be responsible for any related transportation charges. Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the Product in accordance with the instructions accompanying the Truthbrush Product or available at the website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering with or alterations to the Product, by anyone not authorized by Truthbrush (Candibell, Inc); or (vi) use of the Product with any application or software other than the Truthbrush Mobile App.

Truthbrush (Candibell, Inc) retains the exclusive right to repair or replace the Product, or offer a refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of this limited warranty.

For detailed Truthbrush Warranty policy, please click here.

Limitation of Liability and Time for Filing a Claim

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TRUTHBRUSH SERVICE IS TO UNINSTALL ANY TRUTHBRUSH SOFTWARE AND TO STOP USING THE TRUTHBRUSH SERVICE. YOU AGREE THAT TRUTHBRUSH (CANDIBELL, INC) HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE TRUTHBRUSH SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TRUTHBRUSH (CANDIBELL, INC), FOR ANY PROBLEMS OR DISSATISFACTION WITH ANY THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL OR STOP USING SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL TRUTHBRUSH (CANDIBELL, INC), ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TRUTHBRUSH SERVICE, DEVICES, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TRUTHBRUSH (CANDIBELL, INC) HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TRUTHBRUSH SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TRUTHBRUSH (CANDIBELL, INC) DURING THE SIX (6) MONTH PRIOR TO THE FIRST CLAIM; OR $30.00 US DOLLARS.

Return and Refund

For our Return and Refund policy, please click here.

Third Party Rights

If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Truthbrush (Candibell, Inc) only, not with Apple, and Apple is not responsible for the Truthbrush Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Truthbrush Service. In the event of any failure of the Truthbrush Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Truthbrush Service. Apple is not responsible for addressing any claims by you or any third party relating to the Truthbrush Service or your possession or use of the Truthbrush Service, including: (1) product liability claims; (2) any claim that the Truthbrush Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Truthbrush Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Truthbrush Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Indemnification

You agree to indemnify and hold Truthbrush (Candibell, Inc) harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Truthbrush (Candibell, Inc) terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Truthbrush Service; and (4) your violation of any law or the rights of a third party.

Governing Law, Mandatory Arbitration and Venue

These Terms are governed by and shall be construed in accordance with the laws of the State of Massachusetts, United States of America, without regard to California's choice or conflicts of law principles. Further, you and Truthbrush (Candibell, Inc) agree to the jurisdiction of the federal and state courts located in Boston, Massachusetts, to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms or the Truthbrush Service that is not subject to mandatory arbitration under the Arbitration Agreement below, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Arbitration Agreement

This Arbitration Agreement section sets forth the terms and conditions pursuant to which disputes, claims and controversies between you and Truthbrush will be resolved through arbitration ("Arbitration Agreement")

Dispute Resolution and Arbitration

You and Truthbrush (Candibell, Inc) agree that any dispute, claim, or controversy between you and Truthbrush (Candibell, Inc) arising in connection with or relating in any way to these Terms or to your relationship with Truthbrush (Candibell, Inc) as a user of the Truthbrush Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and Truthbrush (Candibell, Inc) further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

Exceptions

You and Truthbrush (Candibell, Inc) both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual action (1) in a U.S. small claims court or (2) in a court of law, in accordance with the jurisdiction and venue described in the Dispute Resolution and Arbitration section above, seeking (a) only temporary or preliminary individualized injunctive relief, pending a final ruling from the arbitrator or (b) public injunctive relief, pending a ruling on the substance of such claim from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

No Class Or Representative Proceedings (Class Action Waiver)

YOU AND TRUTHBRUSH (CANDIBELL, INC) 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 ACTION. Unless both you and Truthbrush (Candibell, Inc) agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration Rules

Either you or we may start arbitration proceedings. Any arbitration between you and Truthbrush will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and Truthbrush (Candibell, Inc) agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org.

Any arbitration hearings will be conducted by phone or videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.

Notice

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by electronic mail to support@truthbrush.com and by certified mail, Federal Express, UPS, or Express Mail (signature required) to the address below ("Notice"). Truthbrush (Candibell, Inc)’s address for Notice is: Candibell, Inc, Legal Department, 600 Suffolk St #250, Lowell, MA 01854, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Truthbrush (Candibell, Inc) may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Truthbrush (Candibell, Inc) shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of Truthbrush (Candibell, Inc)’s last written settlement offer, then Truthbrush (Candibell, Inc) will instead pay you either the amount of the award or $80, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Enforceability

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the 'Governing law and jurisdiction' section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement.

United States Operation

This Services are controlled by Truthbrush from its offices within the United States of America. Truthbrush makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

About These Terms

Under applicable law, you may have certain rights that can't be limited by a contract. These Terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional Truthbrush (Candibell, Inc) terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable Truthbrush Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Truthbrush Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Truthbrush Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Truthbrush (Candibell, Inc), these Terms constitute all the terms and conditions agreed upon between you and Truthbrush (Candibell, Inc) and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Severability and waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Truthbrush (Candibell, Inc) or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Truthbrush (Candibell, Inc)’s or the applicable third-party beneficiary's right to do so.

Assignment

Truthbrush (Candibell, Inc) may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.