Welcome to Calm Health!
Please refer to the Calm Health Privacy Policy for information regarding how we collect, use, and disclose information about you.
For Calm Health users in countries and territories outside of the European Economic Area (which includes the European Union), Switzerland, or the United Kingdom, the Calm Health Terms of Service designated as such apply to your use of the Services.
For Calm Health users in countries in the European Economic Area (which includes the European Union), Switzerland, or the United Kingdom, the Calm Health Terms of Service designated as such apply to your use of the Services.
Calm Health is a mental health wellness product. Calm Health is not intended to diagnose or treat depression, anxiety, or any other mental or physical condition. Calm Health is not a substitute for a healthcare provider. Any questions that you may have about diagnosis, care, or treatment of a medical condition should be directed to a health care provider.
These Terms of Service (the “Terms”) apply to the products and services of Calm.com, Inc. and our subsidiaries and affiliates (“Calm,” “Calm Health,” “we,” or “us”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).
Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. 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. If you do not agree to be bound by these Terms, please do not use the Services.
We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.
The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. 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.
You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:
Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 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.
Calm’s trademarks, including but not limited to CALM, CALM HEALTH, CALM KIDS, CALM MASTERCLASS, CALM STUDIOS, CAP’N DREAMBEARD, DAILY CALM, FIND YOUR CALM, MR. CALM, SLEEP STORIES, and TAKE A DEEP BREATH and Calm’s logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without Calm’s prior written permission. The absence of a trademark from this list does not constitute a waiver of Calm’s trademark or other intellectual property rights concerning that trademark. All third-party trademarks mentioned on the Services are the property of their respective owners. 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.
We may terminate your access to and use of the Services or your account if you violate these Terms, in our sole discretion without notice to you and to the extent permitted by applicable law.
You may cancel your account at any time by sending an email to us at support@calmhealth.com.
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.
Your use of the Services is at your sole risk. 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. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.
We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.
Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.
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.
You will promptly notify the Calm Parties of any third-party Claims, cooperate with the Calm Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). 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. 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.
To the fullest extent permitted by applicable law, neither Calm nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Calm has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Unless such limits are prohibited by applicable law, in no event will Calm’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of: (a) the amounts you have paid to Calm for use of the Services; or (b) fifty U.S. dollars (US$50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Calm and you.
PLEASE READ THIS SECTION CAREFULLY BECAUSE, UNLESS YOU OPT OUT, IT REQUIRES YOU AND CALM TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND CALM FROM SUING IN COURT. YOU AND CALM AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, including any claims related to privacy or data security (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 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.
Without limiting the preceding sentence, you have the right to opt out of binding arbitration by providing Calm with written notice of your desire to do so by email at notices@calm.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). In order to be effective, the Arbitration Opt-out Notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 14.
These Terms affect interstate commerce, and the enforceability of this section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in the Northern District of California will have exclusive jurisdiction. You and Calm waive any objection to venue in any such courts.
We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time. 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.
We may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in section 14, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.
Calm does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. See our Unsolicited Submissions Policy. If you provide ideas, suggestions, or other feedback about Calm or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you. 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.
If you have questions about these Terms or the Services, please contact Calm by email at support@calmhealth.com or write to us at 555 Bryant Street, Ste. 262, Palo Alto, CA 94301.
The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any Calm mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.
These Terms of Service (the “Terms”) apply to the products and services of Calm.com, Inc. and our subsidiaries and affiliates (“Calm,” “Calm Health,” “we,” or “us”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).
Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them.
We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.
The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse any Third-Party Content. 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. 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.
Please contact support@calmhealth.com to notify us of anything on the Services that infringes other rights (like copyright, counterfeiting, insult, invasion of privacy) or if you believe that User Content is otherwise illegal (e.g., promotes crimes against humanity, incites racial hatred or violence, or concerns child pornography). When submitting a notice, you must identify the date of notification; if you are a natural person: your full name, profession, domicile, nationality, date and place of birth; the name and domicile of the recipient or, in the case of a legal person, its name and registered office; the description of the disputed content and its precise location (e.g., URL link to the disputed content); the reasons why the content must be removed, including the legal provisions and justifications of facts; a copy of the correspondence addressed to the author or publisher of the disputed content requesting its interruption, removal or modification, or justification that the author or publisher could not be contacted.
You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:
If we reasonably believe any User Content is in breach of these Terms, we may remove or refuse to display such content. Where possible, we will attempt to notify you of the reason for our action in writing (email suffices) unless we reasonably believe that notice would: (i) violate the law; (ii) pose a risk of liability for us or our affiliates; (iii) hinder an investigation; (iv) pose a risk to the operation of the Services; or (v) harm any user or other party. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 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.
Calm’s trademarks, including but not limited to CALM, CALM HEALTH, SLEEP STORIES, and Calm’s other logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without Calm’s prior written permission. The absence of a trademark from this list does not constitute a waiver of Calm’s trademark or other intellectual property rights concerning that trademark. All third-party trademarks mentioned on the Services are the property of their respective owners. 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.
We may suspend or terminate your access to the Services if you materially or repeatedly breach these Terms, we are required to do so by law or court order, or we reasonably believe your conduct creates possible liability or risk of harm to us or any other party that we could not reasonably avoid without such suspension or termination. We may also suspend your account for a period of up to 90 days while we investigate if any of these conditions are present. We will provide you with written notice (email suffices) upon any suspension or termination, unless prevented from doing so by law. During any such suspension or termination, we will not continue to charge you for the Services.
Please note that we may terminate your access to the Services if your access to the Services was obtained through an organization if you are no longer eligible for access to the Services based on the terms of our agreement with your organization. We may terminate your access to the Services if your access to the Services was obtained through a third-party promotion and you no longer meet the eligibility requirements for that offer. We will provide you with written notice (email suffices) upon any such cancellation.
You may cancel your account at any time by sending an email to us at support@calmhealth.com.
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.
We provide the Services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Consumer laws in your jurisdiction provide you with a legal guarantee covering many of the Services we provide to you. Under this guarantee, we’re responsible for any defect you discover in the Services. If you want to make a claim regarding a defect in the Services, please contact us at support@calmhealth.com. The only commitments we make about the Services (including features, reliability, availability or suitability for you) are as described in this section or under the relevant laws in the jurisdiction where you reside.
Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration.
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.
You will promptly notify the Calm Parties of any third-party Claims, cooperate with the Calm Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). 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. 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.
These Terms and your relationship with Calm under these Terms are governed by the laws of your country of residence, and you can file legal disputes in your local courts. If you are an EEA-based consumer, the European Commission also offers an Online Dispute Resolution platform, which we accept if required by law.
We may modify or discontinue the Services from time to time when we have a valid reason, such as to prevent abuse or harm, address compliance, safety or security issues, offer new features or content, respond to material changes in how the Services are being used, or address other legal requirements. We will only stop offering a service or make a change that has a significant negative impact on your ability to use existing Services after considering the reasonableness of the change, our users’ expectations and the potential impact upon you and others. In most cases, we’ll provide you with reasonable advance notice before making that type of change along with notice of your right to terminate use of the Services. However, we may make changes without that notice to address more urgent situations, such as to help prevent abuse or harm, safety or security reasons, or to comply with legal requirements.
We may make changes to these Terms from time to time, for reasons including but not limited to legal or regulatory compliance, security, to reflect changes in the Services or how we do business, or to help prevent harm to us or others. We will provide reasonable advance notice of any material changes except for updates that address new Service features or in urgent situations, such as for compliance or safety reasons. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.
Calm does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. See our Unsolicited Submissions Policy. If you provide ideas, suggestions, or other feedback about Calm or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you. 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.
If you have questions about these Terms or the Services, please contact Calm by email at support@calmhealth.com or write to us at 555 Bryant Street, Ste. 262, Palo Alto, CA 94301.
The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any Calm mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.
