| Before | After | ||
|---|---|---|---|
| 3 | Calm Terms of Service Last Updated: July 10, 2025 These Terms of Service (the " Terms ") apply to the products and services of Calm.com, Inc. and our subsidiaries and affiliates (" Calm," " we," or " us "), including our websites, social media pages, software applications, and other online services (collectively, the " Services "). 1. | 3 | Calm Terms of Service Last Updated: October 13, 2026 These Terms of Service (the " Terms ") apply to the products and services of Calm.com, Inc. and our subsidiaries and affiliates (" Calm," " we," or " us "), including our websites, social media pages, software applications, and other online services and features (collectively, the " Services "). 1. |
| 6 | By agreeing to these Terms, you and Calm will, as described in section 16 below, be required to resolve most disputes with each other solely on an individual basis through arbitration where permitted by applicable law and not with a jury trial or as a class arbitration, class action, or any other kind of representative or court proceeding. | 6 | By agreeing to these Terms, you and Calm will, as described in section 17 below, be required to resolve most disputes with each other solely on an individual basis through arbitration where permitted by applicable law and not with a jury trial or as a class arbitration, class action, or any other kind of representative or court proceeding. |
| 38 | Access to Calm Premium Content. | ||
| 39 | Your access to Calm Premium and any other paid content, features, or materials ("Paid Content") is a limited, personal, revocable license that lasts only while your subscription or other required payment is active. | ||
| 40 | You do not own or acquire any permanent rights in Paid Content. | ||
| 41 | When your access ends—whether by cancellation, expiration, non-payment, or termination—your license to Paid Content ends and you will no longer be able to access it. | ||
| 42 | This applies even to Paid Content you have downloaded or saved to a device; downloaded content is licensed for offline use only while your access is active and may become unavailable automatically once it ends. | ||
| 43 | If you cancel, you will continue to have access until the end of your current subscription period as described in section 4(c). | ||
| 44 | Refunds are governed by section 5. | ||
| 45 | We may add, change, or remove Paid Content at any time, and specific titles or features may become unavailable even while your subscription is active. | ||
| 76 | Services and User Content Rights Calm Services Ownership. | 84 | Services and User Content Rights Scope of Services. |
| 77 | Subject to the limited license rights granted under these Terms, Calm and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. | 85 | The Services facilitate a digital platform that provides guided meditations, sleep tools, breathing exercises, mindfulness programs, and other general wellness support and informational resources designed to support relaxation, stress reduction and mental well-being. |
| 86 | The Services do not provide medical advice, diagnosis, or treatment. | ||
| 87 | All questions regarding your health or care should be directed to a qualified healthcare professional. | ||
| 88 | The Services are not healthcare services and are not intended to diagnose, prevent, monitor, predict, treat, alleviate, or cure any disease, injury, or physical or mental health condition. | ||
| 89 | Calm is not a healthcare provider, mental health provider, therapist, counselor, psychologist, psychiatrist, medical practice, or crisis-response service, and your use of the Services does not create a provider-patient, therapist-client, or other professional relationship with Calm. | ||
| 90 | Not for Emergencies or Crisis Situations. | ||
| 91 | The Services, including any AI Features, are not designed for use in medical or mental health emergencies. | ||
| 92 | If you are experiencing a medical or mental health emergency, crisis, or life-threatening situation, you should immediately call 911 (or your local emergency number) or seek help from qualified emergency services. | ||
| 93 | You should never rely on the Services, including any AI Features, as a substitute for emergency assistance. | ||
| 94 | Calm Services Ownership. | ||
| 95 | Subject to the limited license rights granted under these Terms, Calm and its licensors exclusively own all right, title, and interest in and to the Services, including the AI Features, all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. | ||
| 86 | User Content Ownership. | 104 | User Content and Input Ownership. |
| 87 | Except for the license you grant below, Calm does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a Calm account or that uses a hashtag incorporating a Calm trademark (collectively, " User Content "). | 105 | Except for the license you grant below, Calm does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a Calm account or that uses a hashtag incorporating a Calm trademark (collectively, " User Content "), or in any Inputs (defined below). |
| 108 | As between you and Calm, you retain all right, title and interest in and to your Inputs. | ||
| 109 | Subject to any intellectual property rights of Calm in Outputs (defined below) and your compliance with these Terms, you will own Outputs. | ||
| 110 | You acknowledge that Calm does not assign ownership in any underlying model or model-generated methodologies, and use of Output does not grant you any rights in Calm's (or its third-party providers') model or other intellectual property. | ||
| 91 | By making any User Content available to Calm, you hereby grant to Calm a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. | 112 | By making any User Content or Outputs available to Calm, you hereby grant to Calm a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content or Outputs and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed for the purpose of operating, providing, maintaining, securing, supporting, marketing, developing, testing, validating, enhancing, and improving the Services and related products and services, without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. |
| 92 | When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to others. | 113 | When you post or otherwise share User Content or Outputs on or through the Services, you understand that your User Content and Outputs and any associated information may be visible to others. |
| 115 | Artificial Intelligence Features AI-Enabled Features. | ||
| 116 | Certain features of the Services may utilize deep learning, machine learning, generative artificial intelligence (AI), large language models, automated decision-support tools, or other AI technologies, models, algorithms, software or systems capable of generating outputs, predictions, recommendations, decisions or content (collectively, "AI Technologies") as part of their functionality ("AI Features"). | ||
| 117 | By accessing or using such AI Features, you acknowledge and agree that Calm and its third-party service providers may process any User Content, and any other information, prompts, queries, inputs or materials submitted by you to the AI Features ("Inputs") to generate, create and return content, information, recommendations, responses, summaries, analyses, insights, and other materials based on such Inputs ("Outputs"). | ||
| 118 | User Inputs. | ||
| 119 | You are responsible for all Inputs submitted to the AI Features. | ||
| 120 | By submitting Inputs to the AI Features, you represent and warrant that Inputs (i) are your own, or you have all necessary rights to provide them; (ii) do not infringe, misappropriate or violate any third-party's intellectual property rights, rights of publicity or privacy, or applicable law or regulation; and (iii) you have all rights, licenses, and permissions that are necessary for Calm to process the Inputs. | ||
| 121 | You agree not to submit any Inputs that are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, fraudulent, or invasive of privacy. | ||
| 122 | Sensitive and Wellness-Related Inputs. | ||
| 123 | Certain AI Features may allow you to submit information regarding your emotions, well-being, stress levels, personal experiences, goals, or other wellness-related matters. | ||
| 124 | You acknowledge that any such information you choose to provide may be processed by the AI Features to generate personalized Outputs and improve your experience with the Services, as described in our Privacy Policy. | ||
| 125 | You are not required to provide sensitive personal information to use the Services or any AI Feature. | ||
| 126 | Any Outputs generated based on wellness-related or emotional Inputs are provided solely for informational and wellness-support purposes. | ||
| 127 | Such Outputs, including personalized Outputs based on your preferences, goals, activities, behaviors, or wellness-related interests, do not constitute and should not be interpreted as medical advice, mental health advice, therapeutic advice, diagnosis, treatment recommendations, or a professional assessment, prediction, or determination regarding your health, mental health, medical condition, treatment needs, or eligibility for any service. | ||
| 128 | Content Moderation; Abuse Detection. | ||
| 129 | Calm has no obligation to review Inputs and disclaims all liability related to Inputs. | ||
| 130 | Although Calm has no obligation to review, screen or edit User Content or Inputs, Calm reserves the right to do so and to investigate any potential violation of the use restrictions and prohibited content by you. | ||
| 131 | Calm may use both human review and automated tools to detect abuse. | ||
| 132 | If potential abuse or violations of these Terms are detected, Calm may log Inputs and Outputs solely for the purpose of reviewing and determining whether a violation has occurred. | ||
| 133 | You shall cooperate with Calm to provide information requested by Calm to determine if a violation has occurred. | ||
| 134 | No Guarantee of Accuracy. | ||
| 135 | You acknowledge and agree that Outputs generated by AI Features are probabilistic in nature and may be inaccurate, incomplete, misleading, biased, non-unique, unsuitable for your intended use or may incorporate or resemble third-party information. | ||
| 136 | Calm does not represent or warrant that any Output is accurate, complete, reliable, current, suitable for any particular purpose, or free from errors. | ||
| 137 | Personalized Responses. | ||
| 138 | AI Features may generate personalized Outputs, including information regarding preferences, goals, activities, behaviors or wellness-related interests. | ||
| 139 | Such personalization is intended solely to improve the user experience and does not constitute a professional assessment, diagnosis, prediction or determination regarding your health, mental health, medical condition, treatment needs or eligibility for any service. | ||
| 140 | User Responsibility. | ||
| 141 | You are solely responsible for (i) independently reviewing and validating Outputs for accuracy, appropriateness, and compliance before taking action based on, relying on, or using such Outputs; (ii) determining whether any Output is appropriate for your particular circumstances; and (iii) any decisions, actions, and outcomes resulting from your use of the AI Features or reliance on any Outputs. | ||
| 142 | Calm will not be responsible for decisions made or actions taken based on any Output. | ||
| 143 | Restrictions on Use. | ||
| 144 | You agree not to use AI Features or any Output: (a) in any manner that (i) is unlawful, harmful, or unethical; (ii) infringes upon any intellectual property rights; (iii) violates any individual's privacy or publicity rights; (iv) violates any applicable law or regulation; (v) as a substitute for professional medical, mental health, therapeutic, psychiatric, legal or financial advice; or (b) for safety-critical or high-risk purposes, including autonomous decision-making that produces legal or material effects on individuals without human review. | ||
| 145 | Modification of AI Features. | ||
| 146 | AI Features may change in functionality, performance, availability, underlying models, outputs or capabilities over time. | ||
| 147 | Calm shall have no liability arising from any such modification, suspension, restriction, or discontinuation. 8. | ||
| 96 | To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content. 8. | 150 | To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content. |
| 151 | Your use of or access to any Third-Party Content is solely a relationship between you and the applicable third party, and is subject to the terms and conditions of, or your agreement with, such third party. 9. | ||
| 99 | In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. 9. | 154 | In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. 10. |
| 100 | Prohibitions on User Content and Conduct You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following: Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose Calm or others to any harm or liability of any type; Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, Calm's name, any Calm trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from Calm or its licensors; Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services; Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; Develop or use any applications that interact with the Services without our prior written consent; Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Calm or any of Calm's providers or any other third-party (including another user) to protect the Services; Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by Calm or as permitted by our robot.txt file; Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code; Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Engage in any harassing, threatening, intimidating, predatory, or stalking conduct; Use or attempt to use another user's account without authorization from that user and Calm; or Encourage or enable any other individual to do any of the foregoing. | 155 | User Content and Conduct You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following: Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose Calm or others to any harm or liability of any type; Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, Calm's name, any Calm trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from Calm or its licensors; Use the Services to develop any product or artificial intelligence model that competes with the Services; Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services; Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; Develop or use any applications that interact with the Services without our prior written consent; Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Calm or any of Calm's providers or any other third-party (including another user) to protect the Services; Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by Calm or as permitted by our robot.txt file; Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code; Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Engage in any harassing, threatening, intimidating, predatory, or stalking conduct; Use or attempt to use another user's account without authorization from that user and Calm; Encourage or enable any other individual to do any of the foregoing; Use the Services or any Output in violation of these Terms; or Use the Services in any manner that would cause Calm to violate applicable law. |
| 106 | In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules. 10. | 161 | In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules. |
| 162 | Referrals and Invitations. | ||
| 163 | Certain features of the Services allow you to send messages to others, such as invitations to "refer a friend," share content, or connect (for example, by email, SMS, or a shareable link). | ||
| 164 | By using these features, you represent and warrant that: (a) you personally know the recipient and have their consent to send them the message; (b) the contact information you submit is accurate and belongs to that recipient; and (c) your use of the feature complies with all applicable laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and any similar anti-spam, telemarketing, or electronic-communications laws. | ||
| 165 | You agree not to send referral or invitation messages that are unsolicited, sent in bulk, or directed to anyone who has not consented or who has opted out of receipt of such messages. | ||
| 166 | You are solely responsible for these messages, which may identify you as the sender, and you agree to indemnify and hold Calm harmless from any claims arising out of your misuse of these features. | ||
| 167 | We reserve the right to limit, suspend, or terminate access to referral features at our discretion. 11. | ||
| 110 | Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Calm. 11. | 171 | Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Calm. 12. |
| 115 | Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. 12. | 176 | Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. 13. |
| 116 | Warranty Disclaimers Your use of the Services is at your sole risk. | 177 | Warranty Disclaimers Your use of the Services, including the AI Features and any Output obtained through your use of the AI Features, is at your sole risk. |
| 117 | Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services are provided "as is" and "as available" without warranties of any kind, express or implied. | 178 | Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services, the AI Features, and any Outputs are provided "as is" and "as available" without warranties of any kind, express or implied. |
| 122 | You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law. 13. | 183 | You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law. 14. |
| 126 | You are solely responsible for your use of the Services. 14. | 187 | You are solely responsible for your use of the Services. 15. |
| 127 | Indemnity To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Calm and its officers, directors, partners, employees, and agents (individually and collectively, the " Calm Parties "), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (" Claims "), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. | 188 | Indemnity To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Calm and its officers, directors, partners, employees, and agents (individually and collectively, the " Calm Parties "), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (" Claims "), arising out of or in any way connected with: (a) your access to or use of the Services, including any AI Features and Outputs; (b) your User Content, Inputs, or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. |
| 130 | This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Calm or the other Calm Parties. 15. | 191 | This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Calm or the other Calm Parties. 16. |
| 134 | The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Calm and you. 16. | 195 | The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Calm and you. 17. |
| 139 | For clarity, subject to the terms of this section 16, this agreement to arbitrate applies to Disputes based on events or activities that occurred prior to Last Updated date indicated at the top of these Terms. | 200 | For clarity, subject to the terms of this section 17, this agreement to arbitrate applies to Disputes based on events or activities that occurred prior to Last Updated date indicated at the top of these Terms. |
| 142 | By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 17. | 203 | By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 18. |
| 143 | These Terms affect interstate commerce, and the enforceability of this section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. | 204 | These Terms affect interstate commerce, and the enforceability of this section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. |
| 170 | Enforceability If any portion of this section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section 16 or the parties' ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this section 16; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. | 231 | Enforceability If any portion of this section 17 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section 17 or the parties' ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this section 17; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. |
| 172 | Further, if any part of this section 16 is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 16 will be enforceable. | 233 | Further, if any part of this section 17 is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 17 will be enforceable. |
| 173 | Changes Notwithstanding the provisions of section 19, if Calm changes this section 16 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to notices@calm.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Calm's email to you notifying you of such change. | 234 | Changes Notwithstanding the provisions of section 20, if Calm changes this section 17 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to notices@calm.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Calm's email to you notifying you of such change. |
| 174 | In order to be effective, the rejection notice must include your full name, mailing address, and email address and clearly indicate your intent to reject changes made to this section 16. | 235 | In order to be effective, the rejection notice must include your full name, mailing address, and email address and clearly indicate your intent to reject changes made to this section 17. |
| 176 | If the Terms are otherwise modified, without changing this section 16, you agree that modification will not create a new right to opt out of arbitration. 17. | 237 | If the Terms are otherwise modified, without changing this section 17, you agree that modification will not create a new right to opt out of arbitration. 18. |
| 179 | You and Calm waive any objection to venue in any such courts. 18. | 240 | You and Calm waive any objection to venue in any such courts. 19. |
| 182 | To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services. 19. | 243 | To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services. 20. |
| 185 | Except as specified in section 16, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. | 246 | Except as specified in section 17, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. |
| 187 | If you do not agree to the updated Terms, you should terminate your account and stop using the Services. 20. | 248 | If you do not agree to the updated Terms, you should terminate your account and stop using the Services. 21. |
| 203 | Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210. 21. | 264 | Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210. 22. |
| 207 | Calm does not waive any rights to use similar or related ideas previously known to Calm, developed by its employees, or obtained from other sources. 22. | 268 | Calm does not waive any rights to use similar or related ideas previously known to Calm, developed by its employees, or obtained from other sources. 23. |
| 208 | Contact Information If you have questions about these Terms or the Services, please contact Calm by email at support@calm.com or write to us at 555 Bryant Street, Ste. 262, Palo Alto, CA 94301. 23. iOS Minimum Terms for Custom EULA The following provisions apply if you are accessing or using our mobile app on an Apple Inc. | 269 | Contact Information If you have questions about these Terms or the Services, please contact Calm by email at support@calm.com or write to us at 555 Bryant Street, Ste. 262, Palo Alto, CA 94301. 24. iOS Minimum Terms for Custom EULA The following provisions apply if you are accessing or using our mobile app on an Apple Inc. |
| 219 | We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 12 of the Terms. | 280 | We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 13 of the Terms. |
| 220 | In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 12, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility. | 281 | In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 13, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility. |
| 222 | Subject to section 15 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. | 283 | Subject to section 16 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. |
| 224 | Subject to section 15 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. | 285 | Subject to section 16 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. |
| 228 | If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 22. | 289 | If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 23. |
| 238 | Notwithstanding section 16 but subject to the above, if you are located in India and any Dispute cannot be subject to arbitration, courts in Bangalore shall have exclusive jurisdiction over such Dispute. 4. | 299 | Notwithstanding section 17 but subject to the above, if you are located in India and any Dispute cannot be subject to arbitration, courts in Bangalore shall have exclusive jurisdiction over such Dispute. 4. |
| 239 | Alternative Indemnity If you are located in Australia, section 14 of the Terms will not apply to you, and this Alternative Indemnity section will apply instead. | 300 | Alternative Indemnity If you are located in Australia, section 15 of the Terms will not apply to you, and this Alternative Indemnity section will apply instead. |
| 244 | Alternative to Arbitration Section 16 of the Terms will not apply to you if you are located in Canada or another jurisdiction outside of the U.S. where its arbitration and class action waiver provisions are prohibited by applicable law or otherwise not enforceable. | 305 | Alternative to Arbitration Section 17 of the Terms will not apply to you if you are located in Canada or another jurisdiction outside of the U.S. where its arbitration and class action waiver provisions are prohibited by applicable law or otherwise not enforceable. |
| 246 | The exclusive jurisdiction and venue of any claim not otherwise subject to arbitration under section 16 of the terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts; provided, however, that if you are located in a jurisdiction that prohibits the application of California law in a consumer contract or prohibits consumer contracts from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence. 6. | 307 | The exclusive jurisdiction and venue of any claim not otherwise subject to arbitration under section 17 of the terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts; provided, however, that if you are located in a jurisdiction that prohibits the application of California law in a consumer contract or prohibits consumer contracts from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, the non-exclusive venue of any claim will be in the courts of your jurisdiction of residence. 6. |
| 250 | Termination for Users in South Korea If you are located in South Korea and under 19 years of age (the age of legal majority in South Korea), either you or your legal representative may cancel your account in accordance with section 11 above. | 311 | Termination for Users in South Korea If you are located in South Korea and under 19 years of age (the age of legal majority in South Korea), either you or your legal representative may cancel your account in accordance with section 12 above. |
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