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Confidly Terms of Service

Effective May 10 2013

Thank you for using Confidly! These terms of service (the “Terms”) govern your access to and use of Confidly (“we” or “our”) websites, apps and services (the “Services” or ”Service”), so please carefully read them before using the Services.

By using or accessing the Services, you (“User” or “you”) agree to become bound by all the terms and conditions of these Terms. If you do not agree to all the terms and conditions, you shouldn’t and aren’t permitted to use the Services.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and recognizing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

1. Modifications to this Agreement

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our webpage, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

2. Use of the Services

The Services and Legal Disclaimer

Confidly is a community of users where you can express your worry or opinion (respecting the Community Guidlines, explained below).

While there may be information on our Services related to certain personal or medical conditions, should a medical condition exist, promptly see your own physician or health provider. Confidly does not offer personalised medical diagnosis or patient-specific treatment advice. Indeed, only your doctor or other healthcare professional, as a learned intermediary, can determine the treatment that is appropriate for you.

PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL IF YOU ARE SEEKING HELP ABOUT YOUR PERSONAL OR MEDICAL CONDITION.

Eligibility

No individual under the age of thirteen (13) may use the Services or provide any information to Confidly. You may only use the Services if you can form a binding contract with Confidly and are not legally prohibited from using the Services.

Service Changes and Limitations

The Services change frequently, and their form and functionality may change without prior notice to you. Confidly retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Confidly may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or content. Confidly may also suspend Accounts (as defined below) at any time, in its sole discretion.

Limitations on Automated Use

You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Confidly and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Confidly (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Confidly; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Confidly’s express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information; or (f) interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

Registration and Security

As a condition to using certain Services, you may be required to create an account (an “Account”) and select a password and display name, which will serve as your identification as an author of your Content. As an alternate solution, we offer you full anonymous use, by checking the option to stay anonymous to other Users, or by choosing to not go through the registration process. In all these cases, you are still legally bound to these Terms.

You should provide Confidly with accurate, complete, and updated registration information, particularly your e-mail address. The failure to do so may result in suspension of your Account.

You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Confidly immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

3. Privacy

Any information you provide to Confidly is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use of this information.

4. Content

The term “Content” is all Content that is posted or otherwise provided or transferred to the Services by users (By using our Services you provide us with information and textual content that you submit to Confidly).

When you transfer Content to Confidly through the Services, you give Confidly a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of such Subscriber Content.

We take specific permission to do things you ask us to do with your Content, for example, sharing your display name to other users, related to your Content, or using your e-mail address to contact you (e.g. in case of a missing password).

You are solely responsible for your conduct, the content of your posts, and your communication with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review content for compliance with our guidelines, but you acknowledge that Confidly has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of posts, or any other information you may be able to access using the Services.

Sharing Your Content

The Services provide features that allow you to share your content with others or to make it public. There are many things that users may do with that (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Confidly has no responsibility for that activity.

Additionally, this content is published both in our mobile app Confidly, and on the website confidly.com, under the section confidly.com/anonymous/. This content is available to public and is crawled and stored by search engines.

Private Messaging

We collect and store your private messages. This content is visible only through our mobile app Confidly and is not published online, unless the users involved share it publicly.

Community Guidelines

You agree that you won’t post Content that violates, or otherwise use your Account in ways that violate these Confidly Community Guidelines.

Confidly is a Service that lets you express your worries or your opinion on others’ posts. However, you are not allowed to post content that violates these guidlines:

  • Do not post your contact details, such as name, address, e-mail address, phone number, any other app account nicknames, usernames (e.g. skype, kik, facebook, twitter etc.). This app is meant to be fully anonymous, and the messages remain visible to everyone, which could be harmful.
  • Do not promote violence or hatred against individuals or groups on the basis of race, ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation.
  • Do not perform any online bullying.
  • Do not post content that actively promotes or glorifies self-harm. This includes content that urges or encourages readers to cut or injure themselves; embrace anorexia, bulimia, or other eating disorders; or commit suicide.
  • Do not post sexually explicit content.
  • Do not user display names for the purpose of impersonating an individual, organization, or brand.
  • Don’t Spam. Don’t abuse social gestures, send unwanted messages, or aggregate content in a less-than-meaningful way. Don’t put deceptive links or dubious code in your posts. Don’t use deceptive means to generate revenue or traffic, or create blogs with the primary purpose of affiliate marketing.
  • Don’t register accounts or post content automatically, systematically, or through bots.
  • Don’t do Impersonation, Stalking, or Harassment. Treat the community the way you’d like to be treated.
  • Don’t try Privacy Violations. Don’t use Confidly to deceptively obtain personal information. Don’t post content that violates anyone’s privacy, including personally identifying or confidential information like credit card numbers, social security numbers or unlisted contact information.
  • Don’t perform any illegal behavior, including fraud, phishing, or illegally inciting violence.
  • Do not advertise. This includes naming services and products, posting URLs to websites, promoting names of people, and similar.
  • Do not post content that is not related to the nature of this app. All content that is not about sharing worries and opinions, will be removed from the app.

5. Termination and Deletion

You can request a termination of your Account. However, you also acknowledge and agree that: (a) caching of, copies of, or references to your Account may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed Content may be available (and stored on our servers) through the accounts of other Subscribers, as a reference to their activities.

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Confidly content is subject to moderation, and our moderators can ban you from using confidly based on their judgement and internal moderation guidelines.

6. Confidly is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. Confidly will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONFIDLY, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CONFIDLY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

8.Warranty Disclaimer

You agree that your use of the Confidly services shall be at your sole risk. To the fullest extent permitted by law, Confidly, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Confidly makes no warranties or representations about the accuracy or completeness of this service’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Confidly service. Confidly does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Confidly service or any hyperlinked website or featured in any user submission or other advertising, and Confidly will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Change History:

December 15, 2013 — Minor changes to Community guidelines
July 3, 2014 — Private messaging, Warranty disclaimer, other minor changes