Terms of Service

Candle is a mobile relationship app that helps couples and friends connect through interactive prompts, games, and experiences. Some features may use automated systems to personalize content.

Pairing Requirement

Candle requires you to pair your account with another user (your "Partner") to access the full functionality of the Services. You may only maintain one active Partner connection at a time. By pairing with a Partner, you consent to share your activity, responses, photos, and other content with that Partner as described in our Privacy Policy.

You may pair with any other user who is 18 years or older, including romantic partners, friends, or other connections. While Candle is designed primarily for romantic relationships, some content may not be appropriate for non-romantic pairings. You are responsible for determining whether Candle is appropriate for your relationship type.

Once paired, you and your Partner will have mutual access to shared content, including photos, responses to prompts, and activity data (collectively, "Shared Content"). Both you and your intended Partner must affirmatively consent to pairing. You may not pair with someone without their knowledge or consent. If you believe you have been paired without your consent, immediately unpair and contact support@trycandle.app.

Unpairing Effects

If you or your Partner unpairs your accounts, all Shared Content associated with that pairing will be archived and no longer accessible through the Services. Although not guaranteed, this archived data may be retained for a limited period for account recovery and re-pairing purposes, after which it may be permanently deleted. You acknowledge that your Partner's decision to unpair will remove your access to their Shared Content, even without your separate consent.

Before unpairing from your Partner, you will be required to confirm your decision. You must acknowledge that:

• Unpairing removes access to all Shared Content
• All Shared Content will be immediately archived and may be permanently deleted from both accounts
• Your Partner's Shared Content will also be deleted, even without their separate consent
• You will not be able to access any Shared Content after unpairing
• Re-pairing is not guaranteed

Re-Pairing

If you wish to re-pair with a previous Partner after unpairing, you must contact support@trycandle.app with your request. Candle will evaluate re-pairing requests on a case-by-case basis and has sole discretion to approve or deny any re-pairing request. We make no guarantee that re-pairing will be permitted or technically possible. Even if re-pairing is approved, previously deleted Shared Content may not be fully restored.

Shared Content

You acknowledge that your Partner can view, download, and screenshot your Shared Content. Neither you nor your Partner may claim exclusive ownership of Shared Content once shared. When you unpair, all Shared Content is automatically archived (and may be permanently deleted) from both accounts.

If you delete your account while paired with a Partner, all Shared Content associated with that pairing will be archived and may be permanently deleted in accordance with these Terms, which will also affect your Partner's access to that Shared Content. Your Partner will be notified of the account deletion and unpaired automatically.

NSFW Content Warning

Candle may allow Partners to share Not Safe for Work (NSFW) content, including mature themes, sexual content, and user-uploaded intimate photos. By using Candle, you consent to viewing and potentially being exposed to NSFW content.

If you upload NSFW photos or explicit content, you represent and warrant that:

• All individuals depicted have consented to the upload and sharing of such content
• All individuals depicted are 18 years or older
• The content is not illegal in any applicable jurisdiction
• You have the right to share such content
• You are solely responsible for any NSFW content you upload

The Services may use artificial intelligence to suggest conversation topics, personalize prompts, and generate or modify content (including images). While we strive to make these features helpful, AI-generated content may not always be accurate or reflect you or your Partner's intent, so you should review and exercise your judgment before sharing or using it.

Candle incorporates game-like features (streaks, points, challenges) and interactive elements (quizzes, voting, debates) designed to encourage engagement and entertainment. These features do not guarantee relationship improvement, and responses may not reflect your true beliefs in all contexts.

Candle uses your location to provide date ideas and venue recommendations, which are sourced from third-party databases and provided for informational purposes only. Candle does not endorse any venue or event and makes no representations about safety, quality, or suitability. Candle is not responsible for the accuracy of third-party information, including venue details, hours, or safety conditions.

The Candle app is available exclusively through the Apple App Store or Google Play Store.

We'll treat all personal data we collect in accordance with our Privacy Policy.

When you upload content to the Services, you confirm that you have the right to share it and that you're complying with all applicable privacy laws. In some places, you may need consent from the other person before sharing content, so please be mindful of your local laws and respectful of what you reveal. You're responsible for any content you upload and agree to hold us harmless if any issues arise from sharing content without proper permission.

We know many are excited to use the Services, but if you're under 18, you cannot create an account or use the Services. The Children's Online Privacy Protection Act ("COPPA") requires online services to get parental consent before collecting personal information from children under 13. If you're under 18, please don't try to register for the Services or send us any personal information about yourself. If we discover that someone under 18 has provided us with personal information, we'll delete it immediately.

Account Registration

The Services are offered only to individuals who are at least 18 years old and can form legally binding contracts. By creating an account, you represent that you meet this requirement. You'll need to give us accurate, complete and up-to-date registration information about yourself at all times.

You can only use the Services for your own personal purposes—not for any third party's benefit and not impersonating anyone. You can't transfer or share your account or password with anyone else, and you need to keep them secure. You're responsible for all activity on your account and with your account.

If you choose to sign up or log in using a third-party service (like Google or Facebook), we may receive information from that service such as your name, email address, and profile picture to create or authenticate your account. By using these login options, you authorize us to access and use this information in accordance with our Privacy Policy.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at support@trycandle.app if you suspect unauthorized access to your account. Candle is not liable for any loss or damage resulting from your failure to protect your account credentials.

Our Policies and Standards

You may not upload or submit any content that is illegal, harassing, threatening, harmful, or exploits or endangers any person in any way. You must ensure your use complies with the rules and policies of the platforms you use. For additional content and usage restrictions, please see our Acceptable Use Policy.

Prohibited Content

You may not upload, share, or transmit through Candle any content that:

• Depicts illegal activity or violates any applicable law
• Contains child sexual abuse material (CSAM) or sexualized content involving minors
• Violates any third party's intellectual property, privacy, or other rights
• Contains malware, viruses, or other harmful code
• Harasses, threatens, or promotes violence against any person or group
• Is deceptive, fraudulent, or misleading
• Violates the terms of service of any third-party platform or social media service

Candle reserves the right to remove any content and terminate any account that violates these prohibitions.

While we're not obligated to monitor user activity or content, we may do so for security purposes and to protect the safety of our users and others. We reserve the right to remove content, suspend accounts, or report illegal activity to appropriate authorities if we discover violations of these standards.

Content Reporting

If you receive inappropriate, offensive, or harmful content from your Partner, you may report it by contacting support@trycandle.app. Reports should include your User ID and a date, time and description of the incident (including a screenshot if available).

We will investigate all reports and take appropriate action, which may include removing content, issuing warnings, or terminating accounts. However, Candle is not obligated to monitor or review user content and is not responsible for content posted by users. You are solely responsible for your communications with your Partner through Candle. If you experience harassment, abuse, or threatening conduct from your Partner, you should immediately unpair and, if appropriate, contact law enforcement.

Safety and Emergencies

The Services are not designed for crisis intervention. If you believe you may harm yourself or others or are experiencing a medical or mental-health emergency, call 911 (U.S.) or your local emergency services immediately and discontinue use of the Services.

Safety Resources

If you or someone you know is experiencing domestic violence, abuse, or a mental health crisis, please contact:

• National Domestic Violence Hotline: 1-800-799-7233 or text START to 88788
• National Suicide Prevention Lifeline: 988
• Crisis Text Line: Text HOME to 741741
• RAINN National Sexual Assault Hotline: 1-800-656-4673

If you believe someone is using the Services in a manner that is unsafe, harassing, or otherwise violates these Terms, please email support@trycandle.app.

Our Rules and Requirements

We want you to have a great experience using the Services, but there are some rules to follow. When you use the Services, you promise not to use the Services in ways that:

• Infringe or violate anyone's intellectual property or other rights;
• Violate any laws or regulations;
• Are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Put your Account or anyone else's at risk (like letting someone else log in as you);
• Try to get passwords, account info, or other security information from other users;
• Compromise computer network security or crack passwords or encryption codes;
• Run mailing lists, Listserv, auto-responders, spam, or any processes that run when you're not logged in or that interfere with how the Services work (including overloading our infrastructure);
• "Crawl," "scrape," or "spider" any pages, data, or portions of the Services or Content (whether manually or automatically); or
• Decompile, reverse engineer, or try to get the source code or underlying ideas behind the Services.

If you violate any of these rules, we may terminate your right to use or access the Services immediately.

These Terms start on the earlier of when you begin using the Services or when you register or activate your account with us. Unless noted otherwise during your registration, your subscription will automatically renew for additional periods of the same length at our then-current prices.

You can delete your account at any time by logging into the Services and following the instructions in the settings. Please note that if you delete your account, your subscription will continue until the end of the subscription period for which the applicable fees have been paid. Additionally, you may need to cancel any recurring subscriptions purchased via the Apple App Store or Google Play Store to avoid additional billing.

In compliance with Apple's App Store guidelines, you may delete your account directly within the Candle app by navigating to Settings > Account > Delete Account. Account deletion is immediate and permanent. You will lose access to all content and features, and any active subscription will be cancelled (subject to our refund policy).

You can cancel your subscription at any time through your Apple or Google account settings, effective at the end of your current billing cycle. To cancel a subscription purchased through the Apple App Store or Google Play Store, you must use the cancellation method provided by Apple or Google, not through Candle directly. If you subscribed directly through Candle, you may cancel by contacting support@trycandle.app.

We can also terminate or suspend your account at any time for any reason, including if you breach these Terms. After termination, certain provisions of these Terms will continue to apply. This includes any payment obligations or indemnification requirements you have, limitations on our liability, terms about ownership or intellectual property rights, and dispute resolution terms.

The Services may have both free and paid features. Paid features require a subscription, with fees and payment terms detailed on our registration page ("Registration Page"). By selecting a paid plan, you agree to pay the fees listed on the Registration Page. You agree to pay all fees on time according to the billing terms when payment is due.

We reserve the right to adjust fees upon providing notice (either via email, a notification via the Services, or some other reasonable communication method). Your continued use of the Services after notice constitutes acceptance of the updated fees and terms.

You'll need to give us valid and current credit card information. You authorize us to charge your credit card for the Services as described on the registration page and/or posted on the Services. If the Services allow payment methods other than credit card, we'll invoice you in advance according to the relevant page of the Services.

While we hope you'll love the Services, if you decide you want a refund, please note that all payments are generally final and non-refundable (except where our registration page says otherwise or applicable law requires it). If you bought or downloaded the Services through a third-party app store (like the Apple App Store or Google Play Store), their refund policies control—not ours. You'll need to request any refunds directly from the app store following their rules and procedures.

Unless we say otherwise at checkout, listed prices exclude any sales, use, VAT, or similar taxes; where required we calculate and display these taxes at checkout based on your billing address, collect and remit them, and you agree to cover any additional amounts a taxing authority later determines should have applied (unless the shortfall is solely our error). If you claim a tax exemption, you must provide a valid exemption certificate before purchase, as taxes already paid are non-refundable.

Candle may, in its sole discretion, offer complimentary or promotional subscriptions to certain users, including journalists, reviewers, and professional evaluators. Promotional subscriptions may be revoked at any time without notice and are subject to additional terms and conditions as specified at the time of grant.

Your Content

As between you and Candle, content that you upload and process through the Services (including your images, screenshots, and chat conversations) ("Content") belongs to you. As such, you're responsible for all Content you contribute to the Services, and by contributing it, you represent and warrant that you have all the necessary rights to do so. To provide you with the Services and its features, we need certain permissions to your Content. Accordingly, for the sole purpose of providing the Services and improving our products and services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content. This license terminates after your Content is deleted from our systems.

You represent and warrant that: (a) you own or have the necessary rights to all Content you submit; (b) your Content does not violate any third party's rights; and (c) you have obtained all necessary consents from any individuals who appear in your Content. You agree to indemnify Candle for any claims arising from your Content.

Additionally, you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use Content that has been anonymized, aggregated, or otherwise rendered non-identifiable for any purpose, including analytics, research, product development, and business operations.

Upon account deletion, we will delete your Content posted to your personal account, subject to our standard archival and disaster recovery systems. Notwithstanding the foregoing, we may not immediately delete Content when others use it under applicable licenses, technical limitations prevent deletion, or retention is necessary to investigate illegal activity, protect our systems and users, comply with legal preservation obligations, or respond to judicial, administrative, law enforcement, or government requests. We retain such Content only as long as necessary for these purposes.

As always, your personal data is subject to the terms of our Privacy Policy.

Content Access and Moderation

Your content is encrypted during transmission, and we implement strict access controls to limit employee access to user data. However, we retain technical access to content for the following purposes:

• Responding to reports of Terms of Service violations
• Investigating abuse, fraud, or illegal activity
• Complying with legal obligations
• Providing customer support (with your permission)

Our trust and safety team may review content that has been reported by users for violating our Terms of Service. Outside of these circumstances, we do not access or view user content.

When content is reported as violating our Terms, our trust and safety team may review the reported content, associated account information, and related communications. If we determine that content violates our Terms, we may remove the content, issue a warning, suspend the account, or permanently terminate the account depending on the severity of the violation.

Our Services and Marks

We own and retain all rights, title, and interest in and to the Services (including all intellectual property rights). When you use the Services, except where we've specifically granted you permission, you may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or otherwise exploit the Services.

If you have any feedback, suggestions, or share content publicly with us, that's great. Just know that we may freely use, modify, and incorporate it into our products and services. We do appreciate your input!

Candle™, Encore AI Labs, Inc.™, and all related marks, logos, and user interface elements are trademarks owned exclusively by Encore AI Labs, Inc. You may not use, reproduce, or copy these trademarks without explicit written consent from Candle.

Copyright Complaints

If you believe content uploaded to the Services infringes your copyright, please notify our designated DMCA agent:

Encore AI Labs, Inc. (Candle)
Email: support@trycandle.app

Include in your notification: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the allegedly infringing material on the Services; (4) your contact information (name, address, phone number, email); (5) a statement that you have a good faith belief that use is unauthorized; and (6) a statement that the information provided is accurate, under penalty of perjury. Candle reserves the right to terminate accounts of repeat infringers.

We're always working to improve Candle, so the Services may change from time to time. We might suspend or stop offering certain parts of the Services, add new features, set limits on features, or restrict access to some parts of the Services. When it's practical, we'll let you know about any material changes that might negatively affect you. We also reserve the right to throttle usage or implement rate limits as we deem reasonably necessary to maintain security, performance, and quality of service for all users.

From time to time, we may offer beta or experimental features within the Services, whether called "Beta," "Experimental," or similar designations ("Beta Features"). You'll have fun trying them out, but these features might only be available for a limited time and could change without letting you know first. They might work differently or have fewer features than our regular offerings.

Beta Features are provided on an "as-is" and "as-available" basis without warranties of any kind. Beta Features may contain bugs, errors, or design flaws. Candle may discontinue any Beta Feature at any time without notice. You agree that Candle will have no liability for any harm or damage arising from your use of Beta Features.

Not Therapy or Professional Services

Candle is designed for entertainment and to facilitate connection between partners. Candle is not a substitute for professional relationship counseling, therapy, or mental health services. Candle does not provide medical, psychological, or therapeutic advice. If you are experiencing relationship difficulties, mental health concerns, or emotional distress, please consult a qualified professional.

Candle is not a therapy app, mental health service, or clinical tool. Content on Candle, including AI-generated questions and prompts, is for entertainment purposes only and should not be considered professional advice.

No Guarantee of Relationship Outcomes

Candle makes no representations, warranties, or guarantees that use of the Services will improve your relationship, prevent relationship problems, or lead to any particular outcome. Relationships are complex and affected by many factors outside of Candle. You acknowledge that use of Candle may reveal incompatibilities or issues in your relationship, and Candle is not responsible for any relationship difficulties, disputes, or terminations that may result from use of the Services.

Use of Candle may reveal differences in values, preferences, or compatibility between you and your Partner. Some users have reported that Candle contributed to relationship challenges or termination, while others have reported relationship improvement. Candle makes no representations about how the Services will affect your relationship and expressly disclaims liability for any relationship difficulties, emotional distress, breakups, divorces, or other relationship outcomes that may result from your use of the Services. You acknowledge and accept these risks by using the Services.

These Terms might need to change as we improve the Services. We can update the Terms at any time, but if we do, we'll let you know by posting a notice on the Candle website, sending you an email, or notifying you another way. If you don't like the new Terms, you can reject them, but unfortunately that means you cannot continue using Candle. You can stop using the Services at any time. We explain in our Privacy Policy how we handle your information after you stop using the Services, along with the licenses described above. Your Content may take a little while to be completely removed from our platform.

If we make changes to these Terms and you continue using the Services after those changes take effect, that means you accept all the changes.

Entire Agreement

These Terms are the complete agreement between you and Candle, and they replace all previous agreements or understandings about the subject matter of these Terms. No third parties are intended to benefit from these Terms.

No Promises

We provide the Services on an "as-is" basis. This means we don't make any promises or guarantees about the Services, including that they'll work perfectly, be suitable for your specific needs, won't infringe on others' rights, or will always be available without interruption. Some states don't allow these kinds of disclaimers, so they may not apply to you.

CANDLE MAKES NO GUARANTEE OF ANY PARTICULAR OUTCOME OR RESULT. Content provided by Candle is for informational purposes and is not intended as professional advice.

AI-generated outputs may inadvertently reflect biases present in the underlying training data. We encourage all users to exercise independent judgment when relying on AI-generated content.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Candle (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, personal injury, emotional distress, or relationship harm, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Candle in connection with the Services in the twelve (12) months preceding this applicable claim, or (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

You acknowledge that discovering incompatibilities with your Partner through Candle may cause emotional distress. Candle is not responsible for any emotional harm, psychological distress, or mental health impacts resulting from your use of the Services. If you experience distress, please consult a mental health professional.

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold Candle and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

App Platform Requirements

The following terms apply to your use of the Services via the Apple, Inc. ("Apple") App Store or via the Google LLC or one of its affiliates ("Google") Play Store.

Apple App Store

In connection with your use of the Services via an App Store application (an "Apple Application"):

• Both you and Candle acknowledge that the Terms of Service are concluded between you and Candle only, and not with Apple, and that Apple is not responsible for the Apple Application or your Content;
• The Apple Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
• You will only use the Apple Application in connection with an Apple device that you own or control;
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application;
• In the event of any failure of the Apple Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple Application;
• You acknowledge and agree that Candle, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple Application;
• You acknowledge and agree that, in the event of any third-party claim that the Apple Application or your possession and use of the Apple Application infringes that third party's intellectual property rights, Candle, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties;
• Both you and Candle acknowledge and agree that, in your use of the Apple Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
• Both you and Candle acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary hereof.

Google Play Store

By downloading an application for the Services from the Google Play Store (or its successors) operated by Google, you specifically acknowledge and agree that:

• To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms"), and (b) the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of the Services that you download from Google Play, and
• You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Candle or you (or any other user) under these Terms of Service or the Google Play Terms.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Candle's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations under these Terms without consent.

Notices

For any official notices:

Email us at: support@trycandle.app

We'll email you at the address you gave us when you signed up (or any new one you add to your settings)

Notices count as delivered when: sent by email, delivered in person or by overnight courier, or five (5) days after being sent by certified mail. Email works for all communications about the Services and updates to these Terms. Make sure to keep your email current in your settings so you get our messages.

Enforceability

If either of us doesn't enforce a right, that doesn't mean we're giving it up. If any part of these Terms is found to be invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect.

Force Majeure

Candle shall not be liable or responsible for any failure or delay in performance of our obligations due to events beyond our reasonable control, including but not limited to outages, natural disasters, labor strikes, acts of terrorism, pandemics, internet service interruptions, or third-party service provider failures.

Governing Law

These Terms and your use of the Services will be governed by California and United States law, without regard to conflict-of-law rules. You and Candle agree to submit to the courts in San Francisco or the United States District Court for the Northern District of California (the "San Francisco Courts") for any actions where either party seeks injunctive or other equitable relief to prevent infringement or violation of intellectual property rights, as described in the Dispute Resolution section below.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights.

You and Candle agree that any dispute, controversy, or claim arising out of, or relating to your use of Candle, to any products or services sold or distributed by or through Candle, to this agreement, or to the content, and/or user submission on Candle shall be resolved only by final and binding, bilateral arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Candle's right to seek injunctive or other equitable relief in state or federal court in San Francisco to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms.

"Disputes" shall include, but are not limited to, any claims or controversies between you and Candle against each other related in any way to or arising out of in any way from the Services, the Content, or your use of the Services, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Candle, even if the claim arises after you or Candle has terminated the Services or a user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Candle brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Candle, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Candle; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.

Before initiating an arbitration, you and Candle each agree to first provide the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 111 Chestnut Street, San Francisco, CA 94111 or emailed at support@trycandle.app. Candle will provide a Notice of Dispute to you via the email address associated with your Candle account. You and Candle agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until this 30-day post-notice resolution period expires. If an agreement cannot be reached within 30 days of receipt of the Notice of Dispute, you or Candle may commence an arbitration proceeding.

Unless you and Candle agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the "JAMS Rules") and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Candle expressly agree otherwise, the arbitrator may not consolidate more than one person's claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.

You therefore understand and agree that by entering into this agreement, you and Candle are each waiving the right to a trial by jury and the right to participate in a class action for any claims covered by this agreement.

The arbitrator may award declaratory or 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.

The JAMS Rules are available on its website at https://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Candle each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

If your claim does not exceed $10,000, you and Candle agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Candle submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Candle, or deemed necessary by the arbitrator, you and Candle agree that the hearing will be conducted telephonically or videographically.

An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

It is each parties' responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $10,000, Candle will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).

As an alternative to arbitration, you or Candle may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Candle on your behalf.