Terms of Service for Calmly

Welcome to Calmly! These terms of service (“Terms”) govern your access to and use of the Calmly website, app, software, and services (collectively, the “Services”). By using the Services, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated into these Terms by reference.

1. Your Use of the Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not use the Services to:

  1. violate any applicable law or regulation;
  2. infringe the rights of any third party;
  3. engage in any activity that is harmful, fraudulent, deceptive, or misleading;
  4. attempt to interfere with or disrupt the Services or servers or networks connected to the Services;
  5. use any robot, spider, or other automatic device to monitor or copy any content on the Services;
  6. transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.

2. User Accounts

To use some of the Services, you may be required to register for an account (“Account”). You agree to provide accurate and complete information when creating your Account, and to update your information as necessary. You are responsible for maintaining the confidentiality of your Account credentials, and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.

3. Ownership and Intellectual Property

The Services and all content and materials included on or provided through the Services (including but not limited to text, graphics, logos, images, software, and audio or video content) are owned by or licensed to Calmly and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, display, transmit, reproduce, or create derivative works from any of the content or materials on the Services without our prior written consent.

4. User Content

You may be able to post or upload certain content to the Services, including but not limited to text, images, videos, and other materials (collectively, “User Content”). You retain ownership of all User Content that you post or upload, but you grant Calmly a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the Services and Zensive’s business. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the foregoing license to Calmly.

5. Prohibited Conduct

You agree that you will not engage in any activity that:

  1. is abusive, harassing, or defamatory;
  2. is harmful to minors;
  3. violates the privacy or publicity rights of others;
  4. impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
  5. violates any applicable law or regulation;
  6. encourages conduct that would constitute a criminal offense or give rise to civil liability.

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ZENSIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability

IN NO EVENT SHALL ZENSIVE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF ZENSIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.