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Calmer Terms of Service
Last Updated: May 1, 2025

1. Emergency Situations and Crisis Disclaimer

PLEASE READ THIS SECTION CAREFULLY

If you are experiencing thoughts of suicide, self-harm, or harming others, or if you are in a mental health emergency:

  • Stop using Calmer immediately.
  • Call 988 (US Suicide & Crisis Lifeline) or your local emergency number.
  • Go to the nearest emergency department.
  • Contact a qualified mental health professional.

Calmer is not an emergency service and cannot assist in crisis situations.

2. Introduction

Welcome to Calmer (the “App”), an AI-powered mental health companion provided by Avocalabs Limited ("Calmer"). By accessing or using the App or any related services (collectively, the “Service”), you agree to these Terms of Service ("Terms"). If you do not agree with any part of these Terms, please do not use the Service.

3. Eligibility and Age Restrictions

3.1 Minimum Age Requirement
You must be at least 13 years old to use Calmer.

3.2 Under 18
Users between 13 and 18 years old must:

  • Obtain consent from a parent or legal guardian.

  • Use the App under adult supervision.

  • Ensure the parent/guardian reviews and accepts these Terms on their behalf.

    3.3 Representations
    By using Calmer, you represent and warrant that you meet the above age requirements and that any information you provide is accurate.

4. Accounts and Access

  • You must create an account with a valid email address and password.
  • Keep your login credentials confidential.
  • You are responsible for all activity under your account.
  • Notify us immediately of unauthorized use.

5. Subscriptions and Payments

  • Calmer may offer free trial sessions; continued access requires a paid subscription.
  • Payments are processed through Stripe (subject to Stripe’s Terms and Privacy Policy).
  • Subscription fees are billed in advance and are non‑refundable after the trial period, except as required by law.
  • You authorize us to charge your chosen payment method.
  • Prices and fees may change; we will provide 30 days’ notice for material changes.

6. Acknowledgments and Disclaimers

By using Calmer, you acknowledge that:

  • Calmer is not a substitute for professional mental health or medical care.
  • The Service is not a crisis intervention or emergency service.
  • AI-driven interactions may be incorrect, inappropriate, or harmful.
  • You use the Service at your own risk.
  • No outcomes or benefits are guaranteed.

7. Liability Waiver and Indemnification

7.1 Waiver
To the fullest extent permitted by applicable law, you waive all claims against and release Calmer and its affiliates from liability for any damages or injuries arising out of your use of the Service.

7.2 Indemnification
You agree to indemnify and hold harmless Calmer, its officers, employees, and partners from any claims, losses, damages, or expenses (including legal fees) arising from your breach of these Terms or your misuse of the Service.

8. Privacy and Data Protection

  • All data transmissions use industry‑standard encryption (TLS).
  • User data is stored securely and may be processed or retained to improve Service quality.
  • You may request access to or deletion of your data; deletion requests will be honored within 30 days, subject to legal retention requirements.
  • For detailed practices, see our Privacy Policy.

9. Communications

By creating an account, you consent to receive service‑related emails. You may opt out of promotional communications at any time, but critical service emails cannot be opted out of while your account is active.

10. Intellectual Property

  • Calmer retains all rights to the App and its content.
  • You retain ownership of your original user‑generated content but grant Calmer a non‑exclusive, worldwide license to use, modify, and display it for Service improvement and marketing purposes.

11. Prohibited Conduct

You agree not to:

  • Use the Service for illegal activities.
  • Reverse engineer, decompile, or attempt to access restricted areas of the Service.
  • Harass, threaten, or infringe upon the rights of others.
  • Automate interactions with the Service or scrape content.

12. Service Modifications and Availability

  • We may modify, suspend, or discontinue features or the entire Service without notice.
  • We do not guarantee uninterrupted access or performance levels.

13. Termination

Calmer may terminate or suspend your access at any time, for any reason, including violation of these Terms. You may close your account at any time via account settings.

14. Third‑Party Links and Services

The Service may contain links to third‑party websites. We are not responsible for their content or practices. Your use of third‑party services is subject to their own terms and policies.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in‑app notification. Continued use constitutes acceptance of the updated Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of [Your Jurisdiction]. Any disputes will be resolved in the courts located in [Your Jurisdiction], and you consent to personal jurisdiction there.

17. Contact Us

For questions about these Terms, please contact us at:
Calmer AI Email: [email protected]

By using Calmer, you confirm that you have read, understood, and agree to these Terms of Service.