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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THIS SECTION 9.1 SETS FORTH XAI'S SOLE LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.
the indemnifying party shall have no obligation to indemnify or reimburse for any losses, damages, costs, disbursements, expenses, settlement liability of a claim or other sums paid by any Indemnified Party voluntarily, and without the indemnifying party's prior written consent
"If you are located in Australia, section 14 of the Terms will not apply to you...you will indemnify, defend, and hold harmless Calm...from and against any claims...arising out of or in any way connected with your violation, misappropriation or infringement of any rights of anotherExcerpt from Calm's Terms of Service
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The clause states: “If you are located in Australia, section 14 of the Terms will not apply to you...you will indemnify, defend, and hold harmless Calm...from and against any claims...arising out of or in any way connected with your violation, misappropriation or infringement of any rights of another”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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