Terms of Service | Candidly

Updated: July 22, 2025

Thank you for using Candidly! We operate an online platform of solutions dedicated to helping you manage student debt and build financial wellness. Your use of the educational materials, tools, offers, insights, dashboards, and other solutions (collectively, “Solutions”) made available on the Candidly platform in any format, including, without limitation, web-responsive sites, applications, portals, product features, chats, customer support, and communications (collectively, the “Platform”) is governed by these User Terms of Service (“Terms”) between you and inspHIRE IO Corp. d/b/a Candidly (in these Terms, we may be referred to as “Candidly,” “we,” “us,” “our,” or similar), and its successors or assigns. The Platform is provided pursuant to these Terms, our Privacy Statement and Terms of Use, and any additional agreements, policies, terms, and/or third-party terms and agreements that apply to any given Solution, all of which are incorporated in these Terms by this reference.

PLEASE READ THESE TERMS CAREFULLY – THEY ARE A BINDING LEGAL CONTRACT BETWEEN YOU AND CANDIDLY. BY ACCESSING, VIEWING, INTERACTING WITH, OR USING THE INFORMATION OR SOLUTIONS AVAILABLE ON OR THROUGH THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE PLATFORM.

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES YOU TO SUBMIT ANY CLAIMS AGAINST US, WITH LIMITED EXCEPTION, TO BINDING AND FINAL ARBITRATION. UNDER THE AGREEMENT TO ARBITRATE, WHICH INCLUDES A CLASS ACTION WAIVER, YOU MUST PURSUE CLAIMS AND SEEK RELIEF AGAINST CANDIDLY ON AN INDIVIDUAL BASIS.

Platform Description

Third Parties. You may have been referred to our Platform by a third party, such as your employer, insurance provider, or retirement plan sponsor (your “Referrer”), and the Platform may present you with Content (as defined in our Terms of Use; for the avoidance of doubt, the terms and conditions therein, including, without limitation, those regarding Website Use, Intellectual Property Rights, Content, Service Content, and Your Content, apply to your use of the Platform and Solutions) from certain other third parties, such as links to third-party sites, offers for third-party products, or third-party authentication services. Candidly has no control over, and does not endorse, any third-party actions, offerings, or services. Your dealings with any third parties are independent from your use of the Platform, and may be governed by separate third-party terms, agreements, workplace benefits or employment policies, or other governing documents. We do not recommend the products or sites of any particular third party, nor make any representations, warranties, or guarantees about your eligibility for any third-party offering or service.

No Professional Advice. The Platform is a resource to you for informational purposes and should not be construed as professional advice. Candidly is not a debt services company, broker-dealer, or registered investment advisor, and Service Content (as defined in our Terms of Use) and Solutions made available through the Platform do not constitute legal, tax, financial, benefits, compliance, or investment advice, nor an offer by Candidly to sell any financial product. Platform Content and Solutions may be of limited utility due to a number of factors, including, without limitation, the quality and accuracy of information input by you or provided by your Referrer or other third parties; evolving student debt legislation or revisions to applicable laws, regulations, rules, or statutes (“Applicable Law”); your personal financial situation, including changes to your income, debt, marital status, or creditworthiness; the macroeconomic environment; and the frequency and timeliness of any updates you make to Your Content (as defined in our Terms of Use), such as current student loan account information, payment methods, or authorizations you have on file with us.

Operation. The Platform and some Solutions rely on personal and financial information that you provide or otherwise may be obtained from your Referrer or other third parties, and some Solutions may involve the provision of Your Content to your Referrer or other third parties, all as described in our Privacy Statement. By using the Platform, you agree that Candidly or its subcontractors may collect, use, access, store, and disclose Your Content on your behalf and at your request, and that the third parties receiving Your Content will have their own privacy policies governing their use, storage, and disclosure of the information transferred from the Platform.

We use proprietary methodology to determine how Content or Solutions are presented to you, and we may, in our sole discretion, consider, deprioritize, emphasize, or ignore certain factors in presenting your user experience. To the extent that a Solution provides you with any projections or other forward-looking Service Content, such as calculations, simulations, options, or results, these insights may be based on certain assumptions, are estimates only based on our then-current information, and actual results may vary.

We have the right, but not the obligation, to electronically monitor the Platform. As part of our monitoring, we may use Your Content as reasonably necessary to comply with Applicable Law or legal process, or respond to any governmental agency or law enforcement request as permitted by Applicable Law; investigate potential violations of and enforce these Terms; attempt to protect the rights, safety, or security of anyone; research, provide customer support, or train our personnel; or detect, combat, or prevent fraud, security, or technical issues arising from or otherwise to improve our Platform. You agree that your user sessions may be recorded or otherwise monitored for the above purposes. You grant Candidly permission to use these recordings and waive any right to review or inspect the recordings prior to their use and distribution.

Candidly may change, modify, optimize, improve, add, remove, cease, or otherwise revise any Service Content, Solutions, or the Platform, in whole or in part, at any time, with or without notice.

Your Decisions. You should consult a professional advisor to help you as you consider Service Content from, or use Solutions on, the Platform. Regardless of whether or not you choose to consult a professional advisor, all decisions you may make utilizing Service Content or Solutions are ultimately your responsibility. You must rely on your own judgment in deciding which available Solution or third-party offering, if any, best suits your needs. You are liable for all consequences arising from your use of or reliance on the Platform, or any third-party actions or offerings, and you agree that Candidly is not liable for any damages or loss you may suffer related to the communications, offerings, products, services, sites, Content, or Solutions provided by Candidly or third parties in connection with your use of the Platform.

Access to the Platform

Account Registration. Depending on the Platform configuration selected by your Referrer, you may be required to register for a Candidly account in order to access and use the Platform, or your Referrer will register your information with us as part of an embedded offering within an online user experience provided by your Referrer or other third party (as applicable, your “Account”). You agree to provide and update Candidly with accurate, current, and complete Account information about yourself and your accounts maintained at financial institutions, either directly or by updating information with your Referrer, as applicable. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information, including, without limitation, requesting further information from you; requiring you to confirm ownership of your email address and payment methods; or verifying your information against third-party databases or through other sources. We may deny you use of the Platform or deactivate or limit the use of your Account in our sole discretion. You agree that you:

Will not impersonate others or misrepresent your identity or Account information;
Are able to form a legally binding contract with us;
Will use our Platform in accordance with all Applicable Law;
Reside in the United States;
Will not register for more than one Account without our written permission;
Are not suspended, restricted, or prohibited by Applicable Law from use of our Platform; and
Are at least 18 years old when you register for a Candidly Account or use our Platform.

After registration, your Account will be considered active unless and until you contact us to request that your Account be deactivated, or if your Referrer chooses to deactivate your Account (please see more details in the Help Center under How Do I Deactivate My Account?).

Account Security. You are responsible for all activities that occur through the use of your Account and for maintaining the confidentiality of your password and other Account information that you use to access the Platform, if any. You agree to immediately notify Candidly of any unauthorized use of your password or Account, or any other breach of security, at help@getcandidly.com. Please secure your password and exit from your Account at the end of each session when accessing the Platform. You agree that Candidly will not be liable for any loss or damage arising from your failure to comply with these Account security obligations.

Use Limitations and Storage. We may establish policies and limits with respect to Platform use, including, without limitation, the maximum period of time that Content will be retained on the Platform, and the maximum server or other storage space that Your Content may occupy. You agree that Candidly will not be liable for the deletion or failure to store any information maintained or input on the Platform, including, without limitation, Your Content. You acknowledge that Candidly reserves the right to change our policies and limits in our sole discretion, at any time, with or without notice.

Communications. You agree that we may use your Account information to contact you, including, without limitation, by sending emails to any email address provided to us; contacting you by telephone, or SMS messages to the extent that you consent to text messaging, at any phone number provided to us; or using other electronic means of communication to the extent permitted by Applicable Law. You understand and agree that such communications may include marketing content and that such communications may result in charges to you. Your consent may be revoked for non-transactional communications at any time and by any reasonable means, including by unsubscribing from further emails, replying “STOP” to any SMS message, or by contacting our Help Center at help@getcandidly.com.

Social Media. We may enable your use of the Platform by logging in via various online third-party services, such as social media platforms like Facebook or LinkedIn (“Social Media”). You are not obligated to use Social Media in connection with the Platform. When you use Social Media authentication for the Platform, the Social Media provider will make available certain account information, and we will collect, use, access, store, and disclose such information in accordance with our Privacy Statement. If you opt to use Social Media to access the Platform, then Social Media providers may obtain certain information that you have provided, including personal information, and such Social Media providers’ use, storage, and disclosure of your information is governed solely by their own third-party terms. Candidly shall have no liability or responsibility for any Social Media actions, authentication, or Content that may be associated with your use of the Platform.

Termination. Candidly, in its sole discretion, may suspend or terminate your use of the Platform, any Solution, or your Account, in whole or in part, if we believe that you have violated these Terms, if your Referrer chooses to terminate your Account, or for any other reason. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities or impacted third parties. Candidly may also discontinue providing any Solution or the Platform, in whole or in part, with or without notice. You acknowledge that Candidly may delete your Account and all related information, including, without limitation, Your Content, and/or prohibit any further access. You agree that Candidly will not be liable for any termination of your access to the Platform.

You may terminate your Account at any time and for any reason by notifying us via email at help@getcandidly.com. Termination of your Account will be effective within a commercially reasonable time after we receive notification from you. Your Content may remain on the Platform or in our servers following the termination of your Account. You may request the removal of Your Content after Account termination by contacting us at help@getcandidly.com and we will honor your request subject to our Privacy Statement and Applicable Law.

Platform Functionalities

Depending on the Platform configuration selected by your Referrer, Solutions available on the Platform may include the following functionalities:

Money Movement. With the help of our financial institutions and other service providers, we enable payments toward your student loans held by your student loan servicer(s) (your “Servicer”); employer-paid workplace benefits, such as employer contributions toward your student loans or emergency fund or tuition reimbursement; and transfers of funds to your designated emergency fund, in each case subject to our Money Movement Terms. Referrers may elect to offer payments as an employee benefit to you, or you may set up payments to your Servicer or emergency fund from your own payment method.

Marketplace Offers. We connect you with third parties offering certain financial products, such as obtaining new private student loans or refinancing your existing student loans, through a curated marketplace featuring offers from participating unaffiliated lenders and creditors (collectively, the “Lenders”). Marketplace offers may not be available in all geographic locations. An offer is not a commitment or guarantee that a Lender will make a loan to you. If you select a loan offer, you will be directed to the Lender’s site to complete the loan application process. Lenders reserve the right to change the terms of or withdraw any offer at any time, based on numerous factors, including, without limitation, changes in your credit history, additional information collected during the application process, and/or changes in variable interest rates. All credit decisions, including whether you are approved for a loan, as well as the terms of any approved loan, are made by the Lender in its sole discretion. Candidly may be compensated by Lenders for applications, approvals, or loan volumes.

As you evaluate marketplace offers for private student loans or to refinance federal student loans, please note that federal loans may have benefits and protections (such as deferment, forbearance, and loan forgiveness terms; availability of income-driven repayment plans; and the possibility of payment suspension programs), which do not apply to private loans. While some Lenders may offer benefits similar to those available for federal student loans, many do not and these protections may be lost if you refinance federal loans with private loans. It is your responsibility to review the Lender’s loan disclosures and terms carefully before accepting a private loan. For more information on federal student loans, please visit the Federal Student Aid site.

Application Assistance. We provide information to help you assess your eligibility and apply for certain student debt programs, products, and services, such as consolidation of multiple federal student loans into a direct consolidation loan; federal loan forgiveness, including Public Service Loan Forgiveness (PSLF); and income-driven repayment plans. If you submit an application through the Platform, you expressly authorize us to verify the representations you make in your application materials and file such applications on your behalf with the appropriate Servicer or government agency. You understand that Servicers and government agencies may also verify your application information, such as by conducting a background check. Some applications that you can submit through the Platform may also be completed directly on government agency sites, and we will never charge you to submit an application that you could otherwise complete directly on a government agency site for free.

Again, federal student loans and private loans may differ in many respects, including, without limitation, deferment, forbearance, and loan forgiveness terms; availability of income-driven repayment plans; and the possibility of payment suspension programs. Candidly makes no guarantee of parity between your existing loan programs or repayment plans and the loan programs or repayment plans you may receive after considering information on or submitting an application through the Platform. You are responsible for investigating the specific attributes of all loan programs, repayment plans, or other options for your loans presented on the Platform. Additional information on federal student loans may be found on the Federal Student Aid site.

Education and Insights. We make available various educational resources for you to learn more about student loans and other tools to help build financial wellness, such as streamlined visibility into various details of your student loans, including balance and payment details; materials concerning financial literacy and certain student loan programs; insights and tools to enhance your loan management and financial wellness; and communications with specially trained student loan coaches to receive personalized guidance on student loan options.

Some Solutions may allow you to access information from your consumer reports, or insights derived from this information. If you choose to use these optional features, you provide written instructions for as long as you continue to use the Platform, in accordance with the Fair Credit Reporting Act and other Applicable Law, for Candidly and its subsidiaries to periodically request, use, and retain copies of your consumer credit report and score from third-party consumer reporting agencies, such as Equifax, Experian, or TransUnion, in order to operate the Platform, analyze and identify Content, offers, promotions, products, services, or third parties that may interest you, and provide you with personalized insights. These credit inquiries are considered “soft credit inquiries” and do not impact your credit score.

Some Solutions may provide digital assistance by leveraging artificial intelligence, such as conversational experiences, support bots, application scanners, or similar technologies (collectively, “Digital Assistance”). Our Digital Assistance is intended to improve your Platform user experience, but artificial intelligence technologies are rapidly evolving and Digital Assistance tools accordingly may be of limited utility. Content generated using Digital Assistance may be inaccurate or unsuitable for your needs, so you should independently verify any such Content in light of your own circumstances.

Data Linking. We may offer account linking and aggregation services, including through our third-party service provider, Plaid, Inc. (“Plaid”), in order to present you with a streamlined view of your student loan debt and other financial information and use your linked data to operate the Platform and power your Solutions (collectively, “Data Linking”). By utilizing Data Linking, you expressly grant Candidly and Plaid the right, power, and authority (including a limited power of attorney, as applicable) to access your designated third-party financial accounts; store and use your account credentials or other authentication means to periodically retrieve and format your information for as long as you use the Platform, which may include modifying, updating, adding, or deleting data; and transmit the information to Candidly for storage and use on the Platform, subject to our Privacy Statement. You further agree that Plaid’s use of your information will be subject to the Plaid End User Privacy Policy.

When you use Data Linking, we may need to act as your agent, and you appoint Candidly and Plaid as your agents for the limited purpose of enabling Solutions for as long as you use the Platform. In acting as your true and lawful agents and attorneys-in-fact, we have full power and authority to act for you, and in your stead, to perform any activities that you could perform yourself, such as using your credentials and authentication means to access third-party accounts, systems, and websites and accessing, using, storing, modifying, and sharing data, all as prompted by your use of the Platform, or as otherwise contemplated in these Terms. You understand that Data Linking relies on the information made available by the provider of your third-party financial accounts, such as your Servicer, and that Candidly and its third-party service providers have no control over the quality of information made available. Similar to the registration information in your Account, it is your responsibility to check, update, and correct information on the Platform obtained through Data Linking, and you certify the correctness of such information and agree that Candidly and your Referrer may rely on it in providing the Solutions. You acknowledge that Solutions utilizing Data Linking may involve sending information to your Referrer, such as to enable your employer to contribute toward your student loan debt based on amounts you paid to your Servicer, and you authorize us to send Your Content from the Platform to your Referrer in order to facilitate your use of the Platform or Solutions.

AI Features. Our service may include access to an AI-powered chatbot feature known as “Cait,” which is designed to assist users with general loan and financial education. By using this feature, you acknowledge and agree that:

Cait is intended solely for informational and educational purposes.
Cait does not provide personalized financial, legal, or tax advice.
Responses may contain inaccuracies, outdated information, or occasional mistakes, even though the AI strives to be helpful and accurate.
Users are strongly advised to independently verify information from reliable sources, particularly before making financial, legal, or other significant decisions.
You are solely responsible for evaluating and verifying any information provided by Cait.
Candidly makes no representations or warranties as to the accuracy, completeness, or applicability of responses generated by Cait.
Candidly disclaims any liability for any decisions or actions taken by you or any third party based on information provided by Cait.

Use of Cait is optional, and you may discontinue use of the feature at any time.

Indemnity and Release

You agree to release, indemnify, and hold harmless Candidly, our affiliates, licensors, and partners, and each of their officers, employees, directors, representatives, and agents (collectively, the “Candidly Parties”) from any and all claims, proceedings, causes of action, demands, losses, damages, liabilities, expenses (including, without limitation, reasonable attorneys’ fees), personal injury (including, without limitation, death), property damage, or other actions of any kind (collectively, “Claims”) arising out of or relating to your use of or connection to the Platform, Solutions, your Account, or any Content; your violation of these Terms or Applicable Law; or your violation of any rights of another or dispute with a third party, including, without limitation, your Referrer. Candidly reserves the right to assume exclusive control of the defense of any Claim subject to indemnification by you, at our expense, and you will cooperate with us in defending against such Claim.

If you are a resident of New Jersey, this section is intended to be only as broad and inclusive as is permitted under New Jersey Applicable Law. If any portion of this section is held to be invalid under New Jersey Applicable Law, the invalidity of such portion shall not affect the validity of the remaining portions. If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine under your Applicable Law.

Disclaimer of Warranties

YOUR USE OF THE PLATFORM, SOLUTIONS, AND CONTENT IS AT YOUR SOLE RISK. THE PLATFORM, SOLUTIONS, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CANDIDLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CANDIDLY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES (I) THAT THE PLATFORM OR SOLUTIONS WILL OPERATE ERROR-FREE OR WITHOUT DISRUPTION, BUGS OR DEFECTS WILL BE CORRECTED, OR THE PLATFORM AND SOLUTIONS WILL BE SECURE AND WILL NOT CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THAT THE PLATFORM OR ANY SOLUTIONS OR CONTENT WILL BE SUITABLE, AVAILABLE, ACCURATE, RELIABLE, COMPLETE, OR TIMELY FOR ANY PURPOSE; (III) REGARDING ANY OUTCOMES, RESULTS, OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE PLATFORM; OR (IV) REGARDING ANY THIRD-PARTY ACTIONS, OFFERINGS, PRODUCTS, OR SERVICES, OR CONTENT PROVIDED BY A THIRD PARTY, AS CANDIDLY ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND THE THIRD PARTY. IF YOUR JURISDICTION DOES NOT PERMIT DISCLAIMERS OR LIMITATIONS ON WARRANTIES, THE CANDIDLY PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability

You agree that none of the Candidly Parties will be liable in any way for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, lost profits, business interruption, loss of goodwill, use, data, or other intangible losses, even if any of the Candidly Parties have been advised of the possibility of such damages and whether based on contract, tort, negligence, strict liability, or other legal theory, resulting from (1) use, inability to use, or unauthorized use or modification of the Platform, Solutions, or your Account; (2) errors, inaccuracies, disruptions of service, unavailability of any solutions or features, or other provision or failure to provide the Platform or any part of the Platform, including, without limitation, Content or Solutions; (3) transactions entered into through, from, or relating to the Platform, including, without limitation, goods or services obtained in connection with any Content or Solutions provided by or received from the Platform and the cost of procuring any substitute goods and services; (4) activities, statements, or conduct of any third party on, linked from, or relating to the Platform, Solutions, or Content; (5) property damage to your equipment, damage to your computer systems, or other personal losses arising from any viruses, malware, or other harmful digital components on, linked from, or relating to the Platform or Solutions; or (6) any other matter relating to the Platform, Solutions, or Content. In no event will the Candidly Parties’ aggregate liability to you for all Claims exceed five hundred dollars (US$500).

If your jurisdiction does not permit the limitation or exclusion of liability for incidental or consequential damages, then some of the above limitations may not apply to you and these limitations are intended to be only as broad and inclusive as is permitted under Applicable Law. If you are dissatisfied with any portion of the service or with these Terms, then your sole and exclusive remedy is to discontinue use of the Platform.

Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate. You agree that any and all Claims that arise between you and Candidly, whether relating to these Terms (including, without limitation, any alleged breach thereof); the Solutions, Platform, your Account, or your interactions with any of them; or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than in a court, in accordance with these Terms, except that you may (1) assert individual Claims in small claims court to the extent your Claims qualify, or (2) file a suit in a court of law solely in connection with an allegation of infringement of intellectual property rights. Further, you are not precluded from bringing issues to the attention of federal, state, or local agencies and, if Applicable Law allows, such agencies can seek relief against us on your behalf. Notwithstanding this agreement to arbitrate, you acknowledge that money damages are an inadequate remedy for certain Claims, such as your unauthorized use of the Solutions or Platform, and any such breach would result in irreparable harm to Candidly. Accordingly, in the event of any such actual or threatened breach, Candidly may, in addition to any other rights or remedies available to Candidly at law or equity, seek specific performance or injunctive relief without the posting of a bond.

You agree that, by entering into these Terms, you and Candidly are each waiving the right to a trial by jury and your rights will be determined by a neutral arbitrator, not a judge. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

Prohibition of Class Actions. You and Candidly agree that each of us may bring Claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Candidly agree otherwise, the arbitrator may not consolidate or join your Claims with those of any other party, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of you or Candidly and not on any non-individualized basis.

Pre-Arbitration Dispute Resolution. Candidly is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to your satisfaction by emailing customer support at help@getcandidly.com. If such efforts prove unsuccessful and a party intends to seek arbitration, then the party seeking arbitration must first send a written Notice of Dispute (“Notice”) as follows: if to Candidly, to inspHIRE IO Corp., Attn: Notice of Dispute, 228 Park Ave South #54085, New York, NY 10003 (“Notice Address”); if to you, to the address currently on file as part of your Account information. The Notice must describe the nature and basis of the Claim and set forth the specific relief sought. If you and Candidly do not resolve the Claim within 60 calendar days after the Notice is received, you or Candidly may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Candidly or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Candidly is entitled.

Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified in these Terms. For information on the AAA, please visit its website, available at http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, available at http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term in these Terms, the applicable term of these Terms will control unless the arbitrator determines that the application of the inconsistent term in the Terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, without limitation, issues relating to the scope, enforceability, and arbitrability of the Claim and these Terms. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator generally can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and Applicable Law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

Unless Candidly and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Candidly agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in these Terms. If the value of the relief sought is $10,000 or less, at your request, Candidly will pay all Arbitration Fees. If the value of relief sought is more than $10,000, then payment of the Arbitration Fees will be governed by AAA Rules, provided that if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, then Candidly will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of the parties.

Future Changes to Arbitration Terms. Notwithstanding any provision in these Terms to the contrary, Candidly agrees that if it makes changes to any terms relating to arbitration in these Terms while you are a user of the Solutions or Platform, you may reject any such change by sending Candidly written notice within 30 calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the terms relating to arbitration in these Terms before the offending change took place.

General

Governing Law. These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any Claims not subject to arbitration, as set forth above, you and Candidly agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.

Severability. If any provision of these Terms is held to be invalid or unenforceable, then the other provisions of these Terms shall remain unaffected and in full force and effect and the offending portion of such provisions shall be replaced by a valid, enforceable provision that matches, as closely as possible, the original provision.

Waiver. Any failure or delay in insisting on strict performance of these Terms shall not be construed as a waiver of any provision or right provided by these Terms.

Integration. Unless expressly provided otherwise in an agreement executed by an authorized representative of Candidly, these Terms, our Privacy Statement, and any additional agreements, policies, and/or third-party terms and agreements that may apply as described at the beginning of these Terms, are the entire agreement with respect to the use of the Solutions, Platform, and your Account.

Assignment. You may not assign or transfer your rights under these Terms to any other party without our prior written consent.

Survival. All provisions of these Terms that, by their nature, are intended to survive beyond any termination of your use of the Solutions, Platform, your Account, or your contractual relationship with Candidly (including, without limitation, indemnity, release, limitations of liability, dispute resolution, and general terms), will so survive.

Notices to You. By using the Platform, you agree that we may communicate with you by electronic means, such as via email, posting on or sending you messages through the Platform, or otherwise. We may also contact you by mail using your address currently on file as part of your Account information. If we learn of a security breach, we may attempt to notify you by electronic means, but you may have a legal right to receive this notice in writing. To withdraw your consent from receiving electronic notice of a security breach, please notify us at help@getcandidly.com.

Changes to These Terms. We reserve the right, in our sole discretion, to change or modify any portion of these Terms at any time. Changes become effective immediately and your continued use of the Platform after the date of any such changes constitutes your acceptance of the new Terms. We will post updated Terms on this page and indicate at the top of the page the date these Terms were last revised. If you have an Account with us, we will also notify you of any material changes through email notification, notices on our Platform, or through other reasonable means. Please periodically visit this page to review the current Terms. If you do not agree to abide by any changes to the Terms, your sole recourse is to stop using the Platform.

Complaints About Our Platform. If you have a complaint about our Platform, or any of its Solutions, please contact us via email at complaints@getcandidly.com.