Terms of Use

Introduction

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Confection regarding your use of and access to the Websites and Services. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions.

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

You acknowledge that the Websites and Services are not intended to be technology protection measures that will help you comply with the Children’s Online Privacy Protection Act (COPPA) or Children’s Internet Protection Act (CIPA).

Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

Don’t use Confection on websites that contain illegal, harmful, or offensive content.

You may not use Confection on websites that contain illegal, harmful, fraudulent, infringing or offensive content. And you may not use it to transmit, store, display, distribute, or otherwise make illegal, harmful, fraudulent, infringing or offensive data available. Prohibited activities or content include:

• Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming.

• Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
• Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
• Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

Don’t use Confection to facilitate security violations.

You may not use Confection if you intend to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

• Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.

• Interception. Monitoring of data or traffic on a System without permission.
• Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

Don’t use Confection to facilitate network abuse.

You may not use Confection if you intend to make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

• Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
• Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

• Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

Don’t use Confection to facilitate email or other messaging abuse.

You may not use Confection if you intend to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate these Terms or the acceptable use policy of that provider.

• Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
• Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

Don’t use Confection in a way that hurts our system.

As a condition of your use of the Websites and Services, you will not use the Websites or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites or Services in any manner that could damage, disable, overburden, disrupt or impair any Confection servers or APIs, or any networks connected to any Confection server or APIs, or that could interfere with any other party’s use and enjoyment of any Websites or Services.

You may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites or Services. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Websites or Services, including on any API calls, or otherwise use the Websites or Services in a manner that violates any Confection documentation or user manuals. You may not attempt to gain unauthorized access to any Websites or Services, other accounts, computer systems, or networks connected to any Confection server or to any of the Websites or Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Services. You may not to use the Websites or Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Respect our stuff, just as we respect yours.

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Services (the “Materials”) provided by Confection are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites and Services are the property of Confection or our third-party licensors. Except as expressly authorized by Confection you may not make use of the Materials. Confection reserves all rights to the Materials not granted expressly in these Terms.

You’re responsible for your own use.

You agree that you will be responsible for your use of the Websites and Services, and you agree to defend, indemnify, and hold harmless Confection and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Confection Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites and Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

THE WEBSITES AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CONFECTION ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITES AND SERVICES. AS SUCH, YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE CONFECTION ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL THE CONFECTION ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES AND SERVICES OR ANY MATERIALS OR CONTENT ON THE WEBSITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CONFECTION ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

We monitor our system and enforce these Terms.

We reserve the right, but do not assume the obligation, to investigate any violation of these Terms or misuse of the Services or Websites. We may:

• investigate violations of these Terms or misuse of the Services or Website; or
• remove, disable access to, or modify any content or resource that violates these Terms or any other agreement we have with you for use of the Services or the Website.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

We may at our sole discretion suspend or terminate your access to the Websites and/or Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites and/or Services at any time (including, without limitation, by limiting or discontinuing certain features of the Websites and/or Services) without notice to you. We will have no liability whatsoever on account of any change to the Websites and/or Services or any suspension or termination of your access to or use of the Websites and/or Services.

Comments Policy

On certain pages of our site, we give users the ability to leave comments and discuss their experience using Confection. All comments are subject to review and may be deleted if they violate any of these policies:

• We do not tolerate racism, sexism, and hate speech of any kind.
• We seek to encourage a wide diversity of opinions.
• Debate and discussion is expected.
• We respect each other and are careful to use polite and civil language.
• We avoid aggressive, NSFW language and trolling.
• We do not ban, mute, or delete comments unless they are offensive, spam, porn, or hate speech.
• No ICO/token promotions or scams.

Pricing

We offer new users a 14-day money back guarantee. If a user doesn’t plan on using Confection within two weeks of creating an account, that user should email us at [email protected] We’ll refund all charges up to that point.

To make our pricing model easy to understand, we organize our plans around a specific kind of event: “pageviews.” But we don’t bill on number of pageviews per se. Insted, the plan labels are our way of saying, “This plan is appropriate for users whose sites receive x number of pageviews in a given month.”

Out of the box, in addition to pageviews, Confection tracks different kinds of analytics events. Using single lines of JavaScript, users can also track any number of other browser and UI events that they wish. And users can write event data out to any number of different endpoints. On average, we find that every 1,000 pageviews generates 2,000 Confection requests. This total number of requests — API calls, analytics events, &c. — is what we use to determine a customer’s account level.

In terms of pricing and usage, then, Confection treats “pageviews” and other kinds of inbound/outbound events — “things that happen to HTML elements and JavaScript reactions to those events” — as equivalents.

If, for example, a user tracks 500 pageviews and 300 button clicks in a 30-day period, the “1,000 Pageview” plan is sufficient for this user. If, however, that user tracks 500 pageviews, 300 button clicks, and writes 300 events out to an endpoint, that user will need the “7,500 Pageview” plan.

Confection automatically upgrades all user accounts based on the previous month’s usage. For example, if a user tracks 500 events in January, we’ll bill that user $20. If the user tracks 1,100 events in February, we’ll automatically upgrade that user’s plan to $145. Users can request a downgrade by emailing [email protected]

Governing Law

These Terms will be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Confection agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Alameda County, California for the purpose of litigating all such disputes.

Reporting Violations

To report any violation of these terms, please contact us using this information:

Confection, Inc.
attn: Terms of Use Lead
PO Box 2859
Fremont, CA 94536
United States of America
[email protected]