This analysis describes what Calm's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The updated terms establish that Premium content access is a limited, revocable license that terminates when a subscription ends, including downloaded content. Users do not own the content and will lose access upon cancellation, expiration, or non-payment. The terms also introduce new AI feature sections that authorize Calm to process user inputs to generate outputs, with Calm retaining ownership of outputs while users retain ownership of inputs. Health disclaimers clarify that the Services do not provide medical advice, diagnosis, treatment, or emergency care and do not create a provider-patient relationship. You can review the full terms at Calm.com to understand the specific scope of the license and AI feature processing.
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the Indemnifying Party being given full and complete control over the defense and settlement of the Claim
The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
The Indemnified Party will tender control of the defense and settlement of any such third-party Claim to the Indemnifying Party at the Indemnifying Party's expense and with the Indemnifying Party's choice of counsel.
"You also agree that the Calm Parties will have control of the defense or settlement, at Calm's sole option, of any third-party Claims.Excerpt from Calm's Terms of Service
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The clause states: “You also agree that the Calm Parties will have control of the defense or settlement, at Calm's sole option, of any third-party Claims.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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