Terms & Conditions

Here they are… feel free to get in touch if there are any issues

Terms and Conditions

 

Agreement between User and Confidently, Inc 

The Adeptly and LittleBlueCoach mobile apps, masterchats.com website and all Confidently Products (hereafter, the “Products” or “Confidently Products”) are operated by Confidently Inc (“Confidently”). All of the Confidently Products are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). 

Your use of the Confidently Products constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Confidently, Inc makes coaching tools. These include, but are not limited to, chatbots in the  educational, wellness, life-coaching, general productivity spaces.

Privacy

Your use of all Confidently Products is subject to Confidently’s Privacy Policy. Please review our Privacy Policy, which also governs the Confidently Products and informs users of our data collection practices.

Electronic Communications

Visiting https://masterchats.com/ or using any of the Confidently (digital) Products or sending emails to Confidently constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through any of the Products, satisfy any legal requirement that such communications be in writing.

Your Account

If you use these Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Confidently is not responsible for third-party access to your account that results from theft or misappropriation of your account. Confidently and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

Confidently does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Confidently Products only with permission of a parent or guardian.

Cancellation/Refund Policy

Many of our product include free trial periods. If you are not happy with any Confidently Product purchased and are within the free trail period we will refund your money with no questions asked.

If you buy a Confidently Product without a free trial and are not happy, you may cancel your subscription at any time. In these cases, any cancellations made after 7 days of the beginning of service will not qualify for a refund.

Please contact us at support@masterchats.com with any questions.

Links to Third Party Sites / Third Party Services

The Products may contain links to other Sites (“Linked Sites”). The Linked Confidently Sites are not under the control of Confidently and Confidently is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Confidently is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Confidently of the Linked Sites or any association with its operators.

Certain services made available via the Products are delivered by third-party Sites and organizations. By using any product, service or functionality originating from the Products, you hereby acknowledge and consent that Confidently may share such information and data with any third party with whom Confidently has a contractual relationship to provide the requested product, service or functionality on behalf of Confidently users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Confidently’s Products strictly in accordance with these terms of use. As a condition of your use of these Products, you warrant to Confidently that you will not use the Confidently Products for any purpose that is unlawful or prohibited by these Terms. You may not use the Confidently Products in any manner which could damage, disable, overburden, or impair the Confidently Products or interfere with any other party’s use and enjoyment of the Confidently Products. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Confidently Products.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Confidently Products, is the property of Confidently or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in any of the Confidently Products. Confidently content is not for resale. Your use of the Confidently Products does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Confidently and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Confidently or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Confidently from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Confidently Content accessed through https://masterchats.com/ or any Confidently Products in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Confidently, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Confidently Products or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Confidently reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Confidently in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. 

In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Confidently agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Confidently Products MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CONFIDENTLY INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Confidently Products AT ANY TIME.

CONFIDENTLY INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Confidently Products FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CONFIDENTLY INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONFIDENTLY INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Confidently Products, WITH THE DELAY OR INABILITY TO USE THE Confidently Products OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Confidently Products, OR OTHERWISE ARISING OUT OF THE USE OF THE Confidently Products, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CONFIDENTLY INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Confidently Products, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Confidently Products.

Termination/Access Restriction

Confidently reserves the right, in its sole discretion, to terminate your access to the Confidently Products and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Confidently Products. Use of the Confidently Products is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Confidently as a result of this agreement or use of the Confidently Products. 

Confidently’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Confidently’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Confidently Products or information provided to or gathered by Confidently with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Confidently with respect to the Confidently Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Confidently with respect to the Confidently Products. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Confidently reserves the right, in its sole discretion, to change the Terms under which the Confidently products are offered. The most current version of the Terms will supersede all previous versions. Confidently encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Confidently welcomes your questions or comments regarding the Terms:

Confidently Inc

400 Corporate Point Suite 300

Culver City, California 90045

Email Address: support@masterchats.com

Telephone number: 215-876-5801

Effective as of December 14, 2021