Acceptance of These Terms of Service
These Terms of Service (as amended from time to time, these “Terms of Service”) govern the use of the software development kit including without limitation, the software library, binary executables, packaged APIs and code samples (the “SDK”) in the form and format as made available to you by Candle Finance Inc. (“Candle,” “we,” “us,” or “our”) through our website(s) located at https://platform.candle.fi (the “Site” together with the SDK and any other features, functionality and technology available on or through the Site, the “Service”). For purposes of these Terms of Service, “you” or “Customer” refers to you as the user of the Service. If the individual accepting these Terms of Service is acting on behalf of an entity, such individual represents and warrants that they have the right, power and authority to act on behalf of and bind such entity. By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also use commercially reasonable efforts to notify you of any material changes. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
Candle is not a broker-dealer or investment adviser, and Candle has no control over the information your broker-dealer provides to you. Nothing in the Service will constitute an offer to buy, or solicitation of an offer to sell, any security, product, cryptocurrency, or strategy regardless of whether such security, product, cryptocurrency, or strategy is referenced in the Service. Furthermore, nothing in Service is intended to provide, nor should be construed as advice, an endorsement of, or a recommendation to buy, sell, or hold any investment, security, or cryptocurrency or to engage in any investment strategy or transaction. For the avoidance of doubt, Candle does not offer any investing functionality. As a result, none of your activity on or through this Service is insured by the FDIC, SIPC, or otherwise.
Nothing in the Service is intended to constitute legal, tax, accounting or investment advice. All investments involve risk, including loss of principal, and past performance of a security, financial product, or strategy does not guarantee future results. You will not use anything on this Service to form the basis of any investment decision. Candle does not represent that the securities, cryptocurrencies, products, or services discussed in the Service are suitable for any particular investor. You are solely responsible for determining whether any investment, investment strategy, security, cryptocurrency, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. All investing involved risk of loss, including loss of principal. You should consult your business advisor, attorney, or tax and accounting advisor regarding your specific business, legal or tax situation.
Candle does not manage assets, make recommendations, or effect transactions in securities or cryptocurrencies. Candle does not control or monitor the operation or conduct of third party broker-dealers, investment advisers, investment platforms, or exchanges. Candle content and information is not intended to, nor should you use it to, supplant your decision-making on what action to take, if any, with regard to investing in financial markets. Candle will not be liable for any damage or cost of any type arising out of or in any way connected with your use of the Service of any third party.
Your Privacy: At Candle, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.candle.fi/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Access and Use of the Service
Service Description: The Service is designed to provide a means through which Customer may link third party provider accounts (such as Robinhood, Cash App, Airbnb, and Uber) to access data about those accounts (such as bank account balances, ride history, ACH and billing details) and to execute “automations” such as placing investment orders, booking rides, and updating billing information through such linked third party provider accounts.
Implementation: To use the Service, you must sign in to your GitHub account and permit the Service to access information and data available through your GitHub account. Such data may include you name and other profile information. The SDK must be configured with a valid App Key & App Secret created via the Service to use its functionality.
Access: Subject to the terms of herein, Candle hereby grants Customer and any person who is authorized by Customer to access and use the Service (each, an “Authorized User”) a non-exclusive right to access and use the Service solely for Customer’s internal business purposes.
Restrictions: Customer will not, and will not permit its Authorized Users or any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, or underlying structure, ideas, know-how or algorithms relevant to the Service (except to the extent such restrictions are contrary to applicable law); (b) modify, translate, copy, or create derivative works based on the Service; (c) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party (other than Authorized Users); (d) use the Service to create or develop a competitive product or service; (e) attempt to gain unauthorized access to the Service or make the Service available to anyone other than its Authorized Users; (f) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs through the Service; (g) interfere with or disrupt the integrity or performance of the Service; (h) circumvent, remove, alter or thwart any technological measure or content protections of the Service; (i) use any spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service; or (j) otherwise use the Service except as expressly permitted herein.
Registration Obligations: As part of the registration process, Customer will identify an administrative user name and password for Customer’s account. Customer may use the administrative user name and password to create accounts for additional Authorized Users. Authorized Users are not permitted to share their accounts with any other person or entity. Customer agrees that it is responsible for ensuring that it and its Authorized Users maintain the confidentiality of their account information and its Authorized Users comply with this Agreement. Customer acknowledges that it is solely responsible for any liabilities arising from (a) an Authorized User’s non-compliance with this Agreement and (b) any activity that occurs through an Authorized User’s account. Although Candle has no obligation to monitor Customer’s use of the Service, Candle may do so and may prohibit any use of the Service it believes may be in violation of these Terms of Service.
Modifications to Service: Candle may modify, amend, alter, supplement or replace the Service from time to time, in whole or in part, without any notice to Customer; provided that Candle will use reasonable efforts to provide Customer written notice if Candle believes that any modification, amendment, alteration, supplement or replacement will cause a material adverse effect on Customer’s access or use of the Service. Customer agrees that its entry into these Terms of Service is not contingent on Candle developing, delivering or otherwise making available any future functionality or features of the Service, or dependent on any oral or written public comments made by Candle regarding future functionality or features of the Service.
General Practices Regarding Use and Storage: You acknowledge that Candle may establish general practices and limits concerning use of the Service, including the maximum number of linked provider accounts. You acknowledge that Candle reserves the right to terminate accounts that are inactive for an extended period of time.
Conditions of Access and Use
Brokerage Account Connectivity: Candle, at its sole discretion, may provide support for direct linkage to your brokerage account at supported brokers (“Candle Brokerage Link”). The Candle Brokerage Link will enable you to access your brokerage account through direct linkage. You understand that your relationship with your broker is independent of your relationship with Candle, and is governed by the agreements you may have in place with your broker. You understand that Candle is not authorized to act on your behalf, and that Candle only facilitates your transmission of information directly by you to your broker. You understand Candle has no ability or right to, and will not, alter or amend in any way your relationship with your broker. You understand that Candle is not and does not provide any additional functionality regarding the ability to purchase or sell securities and/or cryptocurrencies to you that is not otherwise provided by your broker or your brokerage account. You understand that Candle is merely providing a linkage to allow you to access your brokerage account and for you to transmit your instructions to your broker. You instruct Candle to, and Candle will, transmit any information you enter into the Candle Brokerage Link to your broker directly as you enter it. Candle does not have discretion to, and Candle will not, alter any of the information you enter into the Candle Brokerage Link.
You are solely responsible for all information transmitted by you, or by anyone else using your account credentials, to your brokerage account when using the Candle Brokerage Link. Other than administrative checks for completeness and information integrity, Candle will not review, verify, validate, check, or otherwise confirm any of the information transmitted from your Candle account via the Candle Brokerage Link. Candle has no obligation to accept or transmit all or any part of any message data that you send via the Service. Without limitation of the foregoing, Candle has no responsibility for inaccurate, erroneous, cancelled, or duplicate transmissions, or transmissions that are not received or are delayed for any reason or no reason. Please consult your broker or financial representative before placing any trade via the Candle Brokerage Link.
Payment Terms: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Candle information regarding your credit card or other payment instrument. You represent and warrant to Candle that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize Candle to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. We reserve the right to change Candle’s prices.
Notwithstanding any amounts owed to Candle hereunder, CANDLE DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements". By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Candle assumes no liability or responsibility for any payments you make through the Service
Taxes: You will be responsible for all taxes associated with your use of the Service, other than taxes based on Candle’s net income. Any fees applicable to the Service are irrespective and independent of any fees that may be due or payable to a third party, like a broker-dealer. For the avoidance of doubt, Candle has no ability or authority to set, alter amend, or cancel any fee by any third party.
Intellectual Property Rights
Trademarks: The Candle name and logos are trademarks and service marks of Candle (collectively the “Candle Trademarks”). Other Candle, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Candle. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Candle Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Candle Trademarks will inure to our exclusive benefit.
Data: Customer is solely responsible for all data, content, information, and other materials uploaded, posted or otherwise provided to or through the Service by Customer and its Authorized Users (the “Customer Data”). Customer is responsible for (a) the accuracy, quality and legality of Customer Data, and (b) the means by which Customer acquired Customer Data. Customer represents and warrants that Customer has provided all necessary and appropriate notices and opt-outs, and has obtained all necessary and appropriate consents, approvals and rights to collect, process, use, store, enhance and disclose the Customer Data and allow Candle to use, store, disclose and otherwise process such Customer Data as contemplated by this Agreement. Customer hereby grants Candle a non-exclusive, royalty-free, fully-paid worldwide license (with the right to sublicense to Candle’s subcontractors performing services for Candle and to third party service providers used by Candle in providing the Service) to access, use, reproduce and create derivative works of all Customer Data to provide the Service and to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other Candle offerings during and after the Term, including to create artificial intelligence and machine learning models used to support the Service. Furthermore, Candle shall have the right to collect and analyze data and other information relating to Customer’s use and access of the Service (“Usage Data”) and Candle will be free (during and after the Term) to use such Usage Data for any lawful purpose, provided that any disclosure of Usage Data shall be solely in aggregate or other de-identified form.
Feedback: Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Feedback”), provided by you to Candle are non-confidential and Candle will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
Third-Party Services and Websites
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties, including any third party provider accounts you elect to link with the Service(the “Third-Party Services”). Additionally, you may enable or log in to the Service via various online Third-Party Services. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Candle has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. Candle will not review, verify, validate, check, or otherwise confirm any of the information provided by Third Party Services, including market data. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Candle, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Candle enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Candle will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
DISCLAIMER
DISCLAIMER. THE SERVICE AND ALL DATA AND INFORMATION PROVIDED BY CANDLE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANDLE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CANDLE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THAT THE QUALITY OF THE SERVICE, OR ANY DATA, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH USE OF THE SERVICE, WILL MEET CUSTOMER’S EXPECTATIONS.
CANDLE IS NOT AN INVESTMENT ADVISER OR BROKER-DEALER, AND THE SERVICE IS NOT INVESTMENT ADVICE. CANDLE IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS A RESULT OF YOUR USE OF ANY INFORMATION OR ANALYSIS PROVIDED VIA THE SERVICE. SUCH INFORMATION AND ANALYSIS IS DESIGNED TO SUPPLEMENT OTHER SOURCES OF INFORMATION AND IS NOT INTENDED TO REPLACE YOUR DISCRETION AND JUDGEMENT. YOU ACCEPT RESPONSIBILITY FOR, AND ACKNOWLEDGE THAT YOU EXERCISE YOUR OWN INDEPENDENT JUDGMENT IN YOUR USE OF THE INFORMATION AND ANALYSIS PROVIDED VIA THE SERVICE. CANDLE DOES NOT ENDORSE ANY PARTICULAR ASSET, ASSET MANAGER, OR BROKERAGE SERVICE AND DOES NOT GUARANTEE ANY OUTCOMES. CANDLE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR ANALYSIS PROVIDED VIA THE SERVICE.
Brokerage Account Connectivity: You understand that you are responsible for any and all activity that takes place in your brokerage account based on information you transmit from your Candle account via the Candle Brokerage Link. Candle will have no responsibility for, and Candle will bear no liability for, any information you transmit from your Candle account to your broker via the Candle Brokerage Link.
INDEMNIFICATION
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Candle, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Candle Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, including the Candle Brokerage Link by you, your Authorized Users or by anyone else using your account credentials, any Customer Data, your violation of these Terms of Service, or your violation of any applicable laws and regulations. Candle will provide notice to you of any such claim, suit, or proceeding. Candle reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Candle’s defense of such matter. You may not settle or compromise any claim against the Candle Parties without Candle’s written consent.
Limitation of Liability
THE CANDLE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE CANDLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE CANDLE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CANDLE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
Termination
You agree that Candle, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Candle believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. Candle may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Candle may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Candle will not be liable to you or any third party for any termination of your access to the Service.
General
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Candle governing your access and use of the Service, and supersede any prior agreements between you and Candle with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Candle submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of Candle to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Candle, but Candle may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via electronic means (e.g., push notifications to your mobile device). The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Candle will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Candle’s reasonable control.
U.S. Government Restricted Rights
The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service by the U.S. government constitutes acknowledgement of our proprietary rights in the Service.
Questions? Concerns? Suggestions?
Please contact us at contact@trycandle.com or 1309 Coffeen Ave. Suite 1200 Sheridan WY, 82801 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.