Accessing or using Calm’s websites, social pages, apps and other online services means acknowledging and accepting these terms for Calm.com, Inc. and its affiliates. The stored version is dated October 13, 2026. If you do not agree, do not use the services.
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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”).
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.
If you do not agree to be bound by these Terms, please do not use the Services.
Legal Rights & Agreement Rules · Restriction or exception
Acceptance includes an individual arbitration agreement, with exceptions
The terms generally require individual arbitration rather than jury trials or class proceedings where permitted by law. Exceptions include individual small-claims actions, court requests for injunctive or other equitable relief, and an opt-out emailed to notices@calm.com within 30 days after first agreeing, with your full name, mailing and email addresses and clear intent. Section 17 does not apply in Canada or other outside-US jurisdictions where its arbitration and class-waiver terms are prohibited or unenforceable; the addendum supplies a court alternative.
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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 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. If you do not agree to be bound by these Terms, please do not use the Services.
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 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.
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 18.
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. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.
Legal Rights & Agreement Rules · Context
Additional service terms can take priority
Some services have additional or different terms. Unless those terms say otherwise, they form part of these terms and control conflicts. Gift Card Terms and Conditions are an example; their separate text is not supplied here.
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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. Additional terms that apply to some aspects of the Services include but are not limited to the Calm Gift Card Terms and Conditions.
Not stated here
Linked documents are not supplied here; this card describes only what these Terms say, not the linked documents’ additional rules.
Legal Rights & Agreement Rules · Context
Calm provides wellness support, not healthcare
Calm describes meditation, sleep, breathing and mindfulness tools for general wellness and information. It does not provide medical advice, diagnosis or treatment, is not a healthcare or mental-health provider, and creates no professional patient or client relationship. Health and care questions should go to a qualified healthcare professional. This remains true of personalized wellness outputs.
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Scope of Services. 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. The Services do not provide medical advice, diagnosis, or treatment. All questions regarding your health or care should be directed to a qualified healthcare professional.
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. 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.
You are not required to provide sensitive personal information to use the Services or any AI Feature. Any Outputs generated based on wellness-related or emotional Inputs are provided solely for informational and wellness-support purposes. 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.
Personalized Responses. AI Features may generate personalized Outputs, including information regarding preferences, goals, activities, behaviors or wellness-related interests. 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.
the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care;
Legal Rights & Agreement Rules · Restriction or exception
Do not use Calm for emergencies
The services, including AI features, are not emergency or crisis services. For a medical or mental-health emergency, crisis or life-threatening situation, the terms direct you to call 911 or your local emergency number, or seek qualified emergency help, and never substitute Calm for that assistance.
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Not for Emergencies or Crisis Situations. The Services, including any AI Features, are not designed for use in medical or mental health emergencies. 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. You should never rely on the Services, including any AI Features, as a substitute for emergency assistance.
Legal Rights & Agreement Rules · Restriction or exception
AI output has no accuracy guarantee
AI outputs are probabilistic and may be inaccurate, incomplete, misleading, biased, nonunique, unsuitable or resemble third-party information. Calm does not warrant accuracy, reliability, currency, completeness, suitability or freedom from errors. Mandatory consumer guarantees that cannot be excluded remain preserved by the global addendum.
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No Guarantee of Accuracy. 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. Calm does not represent or warrant that any Output is accurate, complete, reliable, current, suitable for any particular purpose, or free from errors.
If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations. For instance, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Legal Rights & Agreement Rules · Restriction or exception
You must check AI output before relying on it
You are assigned responsibility for independently checking accuracy, appropriateness and compliance before using or relying on output, deciding whether it fits your circumstances, and resulting decisions and outcomes. Calm disclaims responsibility for output-based decisions and actions, subject to non-excludable legal protections.
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User Responsibility. 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. Calm will not be responsible for decisions made or actions taken based on any Output.
If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations. For instance, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Legal Rights & Agreement Rules · Restriction or exception
AI may not replace professional advice or serve high-risk purposes
Do not use AI features or outputs unlawfully, harmfully or unethically, infringe IP or privacy/publicity rights, or violate law. They cannot substitute for medical, mental-health, therapeutic, psychiatric, legal or financial advice. Safety-critical and high-risk uses are prohibited, including autonomous decisions with legal or material effects on people without human review.
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Restrictions on Use. 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.
Legal Rights & Agreement Rules · Restriction or exception
Do not help prohibited conduct or cause legal violations
You may not encourage or enable others to engage in the preceding prohibited conduct, including the reverse-engineering prohibition. Services and outputs must not be used in violation of the terms, and your service use must not cause Calm to violate law.
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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.
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;
Legal Rights & Agreement Rules · Context
Some terms survive account or service termination
Provisions that by their nature should survive remain after termination, discontinuation or cancellation, including ownership, warranty disclaimers, liability limits and dispute resolution.
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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.
Legal Rights & Agreement Rules · Restriction or exception
Services and AI outputs generally come without warranties
Use is at your risk, and services, AI features and outputs are offered as is and as available, except where Calm provides otherwise in writing and to the extent law permits. Calm disclaims express and implied warranties, including merchantability, fitness, noninfringement and those arising from dealings or trade usage. It does not promise uninterrupted or error-free service, quality or reliability. Jurisdictions that prohibit exclusions or protect statutory consumer rights may limit these disclaimers.
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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. 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. 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.
Legal Rights & Agreement Rules · Context
These terms distinguish users by region
These Calm Terms of Service apply to users in the United States and other places outside the EEA, Switzerland and UK. Users in the EEA, Switzerland or UK are directed to separate regional terms. The Services include Calm and its affiliates’ websites, social media pages, apps and other online services and features.
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For Calm users in the United States and countries and territories outside of the European Economic Area (which includes the European Union), Switzerland, or the United Kingdom, the Calm Terms of Service apply to your use of the Services.
For Calm users in countries in the European Economic Area (which includes the European Union), Switzerland, or the United Kingdom, the Calm Terms of Service for the EEA, Switzerland, and UK apply to your use of the Services.
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”).
Legal Rights & Agreement Rules · Restriction or exception
Third-party content is at your risk where law permits
Calm may provide third-party information, links or content for convenience. It does not control or endorse it or give warranties about it. To the extent law permits, you bear responsibility and risk for access and use. Your relationship is with that third party and subject to its terms or your agreement; those separate terms are not supplied here.
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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. 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.
Legal Rights & Agreement Rules · Restriction or exception
Calm does not guarantee availability, quality or accuracy
Calm does not promise the services will fit your needs, stay uninterrupted or error-free, or provide quality, accurate, timely, truthful, complete or reliable results. You assume quality and performance risk only as law permits. The disclaimer is subject to anything Calm provides otherwise in writing and statutory consumer protections.
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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.
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. 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. 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.
Legal Rights & Agreement Rules · Context
Calm is not a medical provider or substitute for care
The services are informational, not for diagnosing, preventing or treating disease or replacing professional care. Calm says it is not licensed or expert in examining, diagnosing or treating medical conditions or prescribing or evaluating treatment. It creates no professional care relationship. Personalized wellness AI output also is not medical or therapeutic advice or an assessment.
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the Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care;
Calm is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;
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. 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.
You are not required to provide sensitive personal information to use the Services or any AI Feature. Any Outputs generated based on wellness-related or emotional Inputs are provided solely for informational and wellness-support purposes. 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.
Legal Rights & Agreement Rules · Restriction or exception
Calm need not contact anyone about your medical condition
Calm provides no emergency services and has no obligation to contact you or anyone on your behalf about a medical condition or treatment.
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Calm does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;
Legal Rights & Agreement Rules · Restriction or exception
Consult a professional and do not delay care because of Calm
Calm disclaims responsibility for service accuracy, reliability, effectiveness or correct use, subject to mandatory legal protections. Consult a medical professional about medical conditions, and never disregard professional advice or delay seeking it because of something received through Calm.
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Calm is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;
You should always consult a medical professional if you have any questions regarding a medical condition; and
You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.
If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations. For instance, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Legal Rights & Agreement Rules · Restriction or exception
You may have to defend and reimburse Calm for connected claims
To the fullest extent law permits, section 15 requires you to indemnify, defend and hold Calm and its listed personnel and partners harmless for claims, losses and reasonable legal or accounting fees connected with service/AI/output use, user content, inputs, feedback, terms violations, rights infringements or service-related conduct. For Australian users, section 15 is replaced by the addendum’s narrower trigger: violating, misappropriating or infringing another person’s rights, including IP or privacy.
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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.
If you are located in Australia, section 15 of the Terms will not apply to you, and this Alternative Indemnity section will apply instead.
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 your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).
Legal Rights & Agreement Rules · Procedure
Indemnity includes notice, cooperation and defense costs
For covered third-party claims, promptly notify Calm, cooperate and pay defense costs including attorneys’ fees. Calm can control defense or settlement at its sole option, and this indemnity supplements other written indemnities. Australia’s replacement clause repeats these procedures but limits its trigger to infringement or violation of another’s rights. All remains subject to applicable law.
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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, 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.
If you are located in Australia, section 15 of the Terms will not apply to you, and this Alternative Indemnity section will apply instead.
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 your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).
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.
Legal Rights & Agreement Rules · Restriction or exception
Calm excludes several kinds of damages where law allows
To the fullest extent permitted by law, Calm and parties creating or delivering the services disclaim incidental, special, exemplary and consequential damages, including lost profits, data or goodwill, outages, computer harm and substitute services. The exclusion applies across legal theories even if warned of the risk or a limited remedy fails. Local law may prohibit or limit these exclusions.
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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.
Legal Rights & Agreement Rules · Restriction or exception
Calm caps total liability at your payments or US$50, whichever is greater
Unless law prohibits the limit, Calm’s total liability connected to the terms or service use or inability to use is capped at the greater of amounts you paid Calm for service use and US$50. The clause supplies no lookback period for those payments. It describes the damage limits as fundamental to the bargain.
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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.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration generally replaces court and class proceedings
Section 17 generally requires individual arbitration rather than court or class proceedings, but preserves individual small-claims cases and court requests for injunctive or equitable relief. You can opt out within 30 days after first agreeing by emailing notices@calm.com with your full name, mailing and email addresses and clear opt-out intent. The global addendum disapplies section 17 in Canada and other outside-US jurisdictions where its arbitration and class-waiver provisions are prohibited or unenforceable.
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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 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.
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 18.
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. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration covers service, privacy and older disputes, with exceptions
Section 17 covers disputes over the terms or services, including privacy and data-security claims and events before the stated update date. It preserves individual small-claims actions and court requests for injunctive or other equitable relief, including IP protection. It is also subject to the 30-day opt-out and the addendum’s exclusion for Canada and other outside-US jurisdictions where its arbitration and class waiver are prohibited or unenforceable.
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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 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.
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 18.
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. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.
Legal Rights & Agreement Rules · User right or choice
Opt out of arbitration by email within 30 days
Within 30 days after first agreeing to the terms, email notices@calm.com a written arbitration opt-out giving your full name, mailing address, email address and clear intent. Opting out sends disputes to section 18: California law and specified California courts, subject to its wording and the addendum’s mandatory local-law and venue protections, including the India provision for nonarbitrable disputes.
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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 18.
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.
If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local law.
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.
Legal Rights & Agreement Rules · Context
Federal arbitration law governs section 17 where allowed
The terms state that interstate commerce is involved and the Federal Arbitration Act governs section 17’s enforceability substantively and procedurally to the extent law permits. This identifies the cited law without supplying or interpreting its contents.
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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.
Legal Rights & Agreement Rules · Procedure
Before arbitration, send a detailed dispute notice
Both parties must first attempt informal resolution. Send your notice to notices@calm.com or by certified mail to Calm.com, Inc., c/o Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. Include your name, residence address, email, phone, the dispute’s nature and basis, and specific requested relief. Calm sends its notice to your primary account email, naming its contact and contact details, dispute basis and requested relief.
Supporting quotations
Before either party brings an arbitration action, it will first attempt to resolve the Dispute informally via the following process.
If you assert a Dispute against Calm, you will first contact Calm by sending a written notice of your Dispute to Calm by certified mail addressed to Calm.com, Inc. c/o Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801 or by email to notices@calm.com. Your notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If Calm asserts a Dispute against you, Calm will first contact you by sending a written notice of Calm’s Dispute to you via email to the primary email address associated with your account. Calm’s notice must (i) include the name of a Calm contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by you or Calm (a “Notice”).
Legal Rights & Agreement Rules · Procedure
Informal resolution has a 30-day period and deadline pause
If no agreement is reached within 30 days after the other party receives the dispute notice, either may seek binding arbitration. Limitation periods and filing-fee deadlines are paused for 30 days starting when either party first sends the applicable notice. The receipt-based negotiation period and sending-based pause have different starting points.
Supporting quotations
If you and Calm cannot reach an agreement to resolve the Dispute within thirty (30) days after you or Calm receives such a Notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Calm first send the applicable Notice, so that the parties can engage in this informal dispute-resolution process.
Legal Rights & Agreement Rules · Procedure
JAMS administers arbitration with one arbitrator
JAMS administers binding arbitration before one arbitrator. For consumers, its Comprehensive Rules and Expedited Procedures apply as modified by these terms. Separate JAMS rule texts are not supplied here. For 25 or more similar or coordinated disputes, additional mass-arbitration rules apply.
Supporting quotations
The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules & Procedures and the Expedited Procedures, which are available on JAMS’ website (jamsadr.com). The applicable arbitration rules are amended by these Terms as follows:
(vi) JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against Calm or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). Furthermore, such arbitrations will be resolved by the submission of arbitration briefs alone and without the presentation of live witness testimony. In addition to the application of the JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule, you and Calm understand and agree that Coordinated Disputes may delay resolution of your or Calm’s Dispute.
Not stated here
Linked documents are not supplied here; this card describes only what these Terms say, not the linked documents’ additional rules.
Legal Rights & Agreement Rules · Restriction or exception
Class proceedings are waived, with coordinated-case and invalidity provisions
Arbitration is individual; the parties waive class arbitration and class actions, and the arbitrator ordinarily cannot consolidate multiple people’s disputes. The terms specify additional procedures for 25 or more similar or coordinated disputes, without describing them as class arbitration. If invalidity means disputes must proceed collectively or representatively, section 17 sends them to civil court and stays that litigation, with deadlines tolled, pending individual arbitration. Section 17 is disapplied in Canada and other outside-US jurisdictions where its provisions are prohibited or unenforceable.
Supporting quotations
(i) YOU AND CALM AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND CALM ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against Calm or you by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
(vi) JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against Calm or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). Furthermore, such arbitrations will be resolved by the submission of arbitration briefs alone and without the presentation of live witness testimony. In addition to the application of the JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule, you and Calm understand and agree that Coordinated Disputes may delay resolution of your or Calm’s Dispute.
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. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. 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.
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. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.
Legal Rights & Agreement Rules · Procedure
Small-dollar and coordinated arbitrations use written briefs
Claims for US$25,000 or less are decided on briefs without live witness testimony. Other hearings ordinarily use phone or video unless the arbitrator grants an in-person hearing on request. An in-person location must be reasonably convenient to both sides considering travel and circumstances; JAMS or the arbitrator decides if the parties disagree. The separate rule for 25 or more similar/coordinated disputes also requires briefs without live testimony.
Supporting quotations
(iii) For all arbitrations where the Disputes asserted are for $25,000 or less, the arbitration shall be resolved by the submission of arbitration briefs alone and without the presentation of live witness testimony, and for all other arbitrations the following procedure will apply: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (B) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination should be made by the JAMS or by the arbitrator.
(vi) JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against Calm or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). Furthermore, such arbitrations will be resolved by the submission of arbitration briefs alone and without the presentation of live witness testimony. In addition to the application of the JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule, you and Calm understand and agree that Coordinated Disputes may delay resolution of your or Calm’s Dispute.
Legal Rights & Agreement Rules · Procedure
The arbitrator decides arbitrability and can award individual relief
For disputes in arbitration, the arbitrator has exclusive procedural and substantive decision authority, including whether a dispute is arbitrable, and can grant remedies otherwise available in court. Decisions follow the terms and are final and binding. Injunctions and specific performance are limited to what the individual dispute warrants; awards may be confirmed and enforced by a court with jurisdiction. Court equitable-relief and small-claims exceptions remain.
Supporting quotations
The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
(v) The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
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 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.
Legal Rights & Agreement Rules · User right or choice
You can still bring issues to government agencies
The arbitration terms do not prevent reporting issues to federal, state or local agencies. Where law permits, those agencies may seek relief against Calm for you.
Supporting quotations
Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
Legal Rights & Agreement Rules · Procedure
Twenty-five coordinated disputes trigger special JAMS procedures
For 25 or more similar disputes brought against Calm or you by the same or coordinated counsel, or otherwise coordinated, the JAMS Mass Arbitration Procedures and Guidelines and Mass Arbitration Fee Schedule apply. Such cases use briefs without live witness testimony, and coordination may delay resolution. Those external rules and fee details are not supplied here.
Supporting quotations
(vi) JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against Calm or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). Furthermore, such arbitrations will be resolved by the submission of arbitration briefs alone and without the presentation of live witness testimony. In addition to the application of the JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule, you and Calm understand and agree that Coordinated Disputes may delay resolution of your or Calm’s Dispute.
Legal Rights & Agreement Rules · Restriction or exception
Invalid arbitration terms are severed, with court routes for some claims
An unlawful or unenforceable part of section 17 is severed while the remainder and individual arbitration continue. Disputes that consequently must proceed collectively, as a class or representatively go to civil court rather than arbitration; litigation is stayed and limitation periods paused pending individual arbitration outcomes. A prohibition on an individual public-injunction claim has no effect to the extent the relief may be sought outside arbitration.
Supporting quotations
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. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. 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.
Legal Rights & Agreement Rules · User right or choice
Reject later arbitration changes within 30 days
Despite general term-change rules, you may reject a section 17 change within 30 days after its effective date as indicated by the updated date or notice email. Send written notice, including by email to notices@calm.com, with your full name, mailing and email addresses and clear intent to reject the change. The prior agreed arbitration terms then apply; this does not opt out of arbitration altogether. Other changes that leave section 17 unchanged do not create a fresh opt-out right.
Supporting quotations
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. 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. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Calm in accordance with the provisions of the Terms you previously agreed to. 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.
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 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. 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.
Cross-references
narrows (model-proposed): Continued use normally accepts changed terms — exception_to: Arbitration amendments have their own 30-day rejection route despite the general continued-use acceptance rule.
Legal Rights & Agreement Rules · Restriction or exception
California law and venue have regional exceptions
Section 18 chooses California law without conflict-of-law rules and says disputes not subject to arbitration or unable to be heard in small claims court go exclusively to state or federal courts in the Northern District of California, with venue objections waived. The addendum preserves required local consumer law and courts. Subject to that protection, India’s nonarbitrable disputes go exclusively to Bangalore courts. For jurisdictions covered by the alternative-to-arbitration clause, local residence courts become nonexclusive where California law or exclusive foreign venue is prohibited.
Supporting quotations
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.
If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local law.
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.
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. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.
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.
Legal Rights & Agreement Rules · Procedure
Continued use normally accepts changed terms
Calm may notify changes by posting revised terms or through email or in-service notice. Email is deemed received when sent. Unless the notice says otherwise, use after the effective date accepts changes; if you disagree, terminate your account and stop using the services. Arbitration amendments have a separate 30-day written-rejection option that retains prior arbitration terms.
Supporting quotations
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 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. 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.
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. 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. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Calm in accordance with the provisions of the Terms you previously agreed to. 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.
Legal Rights & Agreement Rules · Context
Disputes generally use the terms in place when they arose
Except as section 17 specifies, a dispute uses the terms in effect when it arose. Section 17 also covers pre-update events and lets you reject later arbitration changes within 30 days, retaining the previously agreed arbitration terms.
Supporting quotations
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 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. 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.
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 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.
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. 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. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Calm in accordance with the provisions of the Terms you previously agreed to. 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.
Legal Rights & Agreement Rules · Context
These terms replace prior service agreements
The terms and incorporated additional terms are the entire exclusive agreement about the services and replace earlier oral and written understandings. This does not supply the separate incorporated documents’ contents.
Supporting quotations
These Terms and all additional terms incorporated herein constitute the entire and exclusive understanding and agreement between Calm and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Calm and you regarding the Services.
Legal Rights & Agreement Rules · Context
Invalid provisions do not normally invalidate the rest
An unlawful, invalid or unenforceable provision is enforced to the maximum permitted extent and treated as severable, leaving other terms in effect. Arbitration has more specific severability rules: certain claims may go to court, and public-injunction restrictions lose effect where that relief can be pursued outside arbitration.
Supporting quotations
If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.
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. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. 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.
Legal Rights & Agreement Rules · Context
English is the intended controlling language where law permits
The base terms say the agreement, related documents and notices are in English and translations are for convenience. The addendum says a full French version is available through French language settings and includes your acknowledgment of having been presented with it, while making English controlling to the fullest extent law permits. This analysis does not verify that a French version was actually shown to you.
Supporting quotations
These Terms and all additional terms and related documents, including notices and other communications are in the English language. Any translations provided are for your convenience only.
These full Terms are available in French if you set your language settings to French. You acknowledge and agree that you have been presented with the full French version of these Terms and to the fullest extent permitted by law, you agree that the controlling language for these Terms is English.
Legal Rights & Agreement Rules · Restriction or exception
You need consent to transfer the agreement; Calm does not
You cannot assign or transfer rights or obligations without Calm’s prior written consent; an unauthorized attempt has no effect. Calm may assign or transfer freely without restriction. The terms bind successors and permitted assigns.
Supporting quotations
You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without Calm’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Legal Rights & Agreement Rules · Context
Not enforcing a term once is not a waiver
A Calm waiver must be written and signed by its authorized representative; failure to enforce does not waive a right. Unless the terms expressly say otherwise, either party can use one remedy without giving up others.
Supporting quotations
Calm’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Calm. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Legal Rights & Agreement Rules · Permission or license
Section headings are for convenience and communications may be electronic
Section titles have no legal or contractual effect. You agree that communications and transactions with Calm may occur electronically.
Supporting quotations
The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that communications and transactions between us may be conducted electronically.
Legal Rights & Agreement Rules · Restriction or exception
Third-party enforcement is generally excluded, with an Apple exception
Except where stated otherwise, the terms benefit only the parties and create no third-party beneficiary rights. For the Apple-app EULA, Apple and its subsidiaries are express beneficiaries entitled to enforce the terms. The Singapore addendum separately excludes nonparties’ enforcement rights under its named Contracts (Rights of Third Parties) Act; it does not supply the law’s text.
Supporting quotations
Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
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.
Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
If you are located in Singapore, a person who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore (as may be amended from time to time) to enforce any of the Terms.
Legal Rights & Agreement Rules · User right or choice
California consumers have a state complaint contact
The terms identify the California Department of Consumer Affairs Complaint Assistance Unit at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or 1(800) 952-5210, in a consumer notice under Civil Code section 1789.3.
Supporting quotations
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210.
Legal Rights & Agreement Rules · Context
Apple-device apps use Calm’s custom EULA
When using Calm’s mobile app on an Apple-branded mobile device, these terms constitute the custom EULA, replacing Apple’s standard EULA. The agreement is between you and Calm, not Apple; as between Calm and Apple, Calm is responsible for the app and its content.
Supporting quotations
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.
Acknowledgement. The Terms are concluded between Calm and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.
Legal Rights & Agreement Rules · Restriction or exception
Calm promises app support only where law requires it
Under the Apple-app provisions, Calm need not provide maintenance or support except as law requires, and Apple has no maintenance or support obligation. The separate warranty clause leaves Calm responsible for applicable warranties not effectively disclaimed and gives a possible Apple purchase-price refund for app nonconformity.
Supporting quotations
Maintenance. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.
Warranty. 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. 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.
Legal Rights & Agreement Rules · Company commitment
Calm handles app claims, subject to liability limits
For the Apple app, Calm rather than Apple addresses user or third-party claims, including product liability, regulatory noncompliance and consumer protection. This is subject to section 16’s legally permitted exclusion of incidental, special, exemplary and consequential damages and total-liability cap of the greater of amounts paid Calm for service use or US$50. Mandatory law can limit those exclusions.
Supporting quotations
Liability. 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.
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.
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.
Legal Rights & Agreement Rules · Restriction or exception
Apple-app users make US sanctions representations
Under the Apple-app terms you warrant that you are not in a US-embargoed country or a country the US designates as terrorist-supporting, and are not on a US prohibited or restricted-party list. The source does not supply the lists.
Supporting quotations
Legal Compliance. You represent and warrant that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
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.
Legal Rights & Agreement Rules · Permission or license
Apple and its subsidiaries can enforce the app terms
Under the Apple-app EULA, Apple and its subsidiaries are express third-party beneficiaries deemed to have accepted enforcement rights against you. This is an express exception to the general no-third-party-beneficiaries rule. The Singapore addendum separately says nonparties have no rights under its named third-party-rights statute; this card does not resolve how local law affects Apple’s enforcement.
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Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
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.
The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210.
If you are located in Singapore, a person who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore (as may be amended from time to time) to enforce any of the Terms.
Legal Rights & Agreement Rules · Restriction or exception
Mandatory consumer protections remain intact
The global addendum preserves consumer guarantees and Calm obligations that local law prevents excluding, restricting or modifying, including limited mandatory protections. Australian users’ terms are subject to the named Australian Consumer Law. The statute’s text is not supplied, and no enforceability determination is made here.
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If you are located in a country which provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations. For instance, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Legal Rights & Agreement Rules · Restriction or exception
Local consumer law and courts override California terms when required
For an individual consumer whose jurisdiction requires its own law or prohibits exclusive foreign venue, the terms and related actions use that jurisdiction’s law and courts to the extent local law requires. This qualifies the base California law and Northern District of California court provisions.
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If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local 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.
Legal Rights & Agreement Rules · Restriction or exception
India’s nonarbitrable disputes go to Bangalore, subject to local protections
For users in India, a dispute that cannot be arbitrated falls under exclusive Bangalore court jurisdiction, notwithstanding section 17 and subject to the addendum’s mandatory local consumer-law and court protections.
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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.
If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local law.
Legal Rights & Agreement Rules · Restriction or exception
Australia’s indemnity replaces the broader base clause
For Australian users, section 15 is replaced by an indemnity tied to violating, misappropriating or infringing someone else’s rights, including IP or privacy, to the fullest extent law permits. It covers Calm and its listed personnel and partners and claims, losses and reasonable legal/accounting fees. Prompt notice, cooperation, payment of third-party defense expenses and Calm’s control of defense or settlement still apply. It supplements other written indemnities.
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If you are located in Australia, section 15 of the Terms will not apply to you, and this Alternative Indemnity section will apply instead.
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 your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights).
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.
Legal Rights & Agreement Rules · Restriction or exception
The arbitration alternative preserves local court protections
Section 17 does not apply in Canada or another jurisdiction outside the US where its arbitration and class-waiver provisions are prohibited or unenforceable. The alternative generally assigns nonarbitrable claims exclusively to the Northern District of California state and federal courts with venue objections waived. If local law prohibits California law in consumer contracts or exclusive foreign venue, residence-jurisdiction courts instead have nonexclusive venue. The separate governing-law clause also preserves required local law and courts.
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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. If you are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.
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.
If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local law.
Cross-references
narrows (model-proposed): Arbitration generally replaces court and class proceedings — exception_to: The regional alternative disapplies section 17 in the specified outside-US circumstances and supplies a court route with local protections.
Legal Rights & Agreement Rules · Context
French terms are available, but English controls where lawful
Setting language to French makes the full French terms available. The clause asks you to acknowledge being presented with them and accept English as controlling to the fullest extent law permits. It does not establish that any particular user was actually shown that version.
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These full Terms are available in French if you set your language settings to French. You acknowledge and agree that you have been presented with the full French version of these Terms and to the fullest extent permitted by law, you agree that the controlling language for these Terms is English.
Legal Rights & Agreement Rules · Restriction or exception
Singapore excludes statutory enforcement rights for nonparties
For users in Singapore, a nonparty has no right under the named Contracts (Rights of Third Parties) Act to enforce the terms. The base terms generally exclude third-party rights but expressly grant Apple and its subsidiaries enforcement rights for Apple-app use. These provisions are reported together without resolving the local-law interaction or supplying the statute.
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If you are located in Singapore, a person who is not a party to the Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore (as may be amended from time to time) to enforce any of the Terms.
The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210.
Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
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.
Cross-references
contrast (model-proposed): Apple and its subsidiaries can enforce the app terms — contrast: The Apple-app terms grant Apple beneficiary enforcement rights, while Singapore’s clause denies nonparties enforcement under its named statute. The text does not resolve their local-law interaction.