Calmo LogoCalmo
Sign inStart for Free

Terms of Service

Last updated: December 14, 2024

Welcome to www.getcalmo.com (the “Site”), owned and operated by Calmo B.V. (“Calmo,” “we,” or “us”). By using this Site, you agree to these terms and conditions of use (collectively, the “Terms”); if you do not agree, you may not use the Site.

Calmo may modify the Site and/or these Terms from time to time without notice to you, except that if Calmo makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by other reasonable means. By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms.

1. Use of the Site

You must be at least 18 years old to use our Site. You will comply with all applicable laws, rules, and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or Calmo’s systems or network security, including, without limitation, by:

  1. Accessing data not intended for you or gaining unauthorized access to an account, server, or any other computer system.
  2. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures.
  3. Attempting to interfere with the function of the Site, host, or network.

You may not “crawl,” “scrape,” or “spider” any portion of the Site (through manual or automated means).

2. Privacy

Calmo’s current privacy statement with respect to the Site is located at www.getcalmo.com/privacy-policy (the “Privacy Policy”) and is incorporated into and forms part of these Terms. For inquiries regarding the Privacy Policy, or to report a privacy-related problem, please contact support@getcalmo.com.

3. Calmo Proprietary Rights

The Site, including all of its contents (including text, images, audio, and code) (“Content”), is the property of Calmo or our suppliers or licensors and is protected by trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from Calmo.

Calmo grants you a limited, personal, non-exclusive, non-transferable license to access the Site and use the Content solely for personal, internal, and non-commercial purposes. Calmo (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.

Without limiting the foregoing, as between you and Calmo (or other companies whose marks appear on the Site), Calmo (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any Mark without prior written consent from Calmo.

4. Links from and to the Site

The Site may contain links to third-party websites (“Third Party Sites”). Third Party Sites are not reviewed, controlled, or examined by Calmo in any way, and Calmo is not responsible for any content contained therein. These links do not imply Calmo’s endorsement of or association with any Third Party Site. Calmo is not liable, directly or indirectly, for any loss or damage arising from or in connection with use of the Third Party Sites.

5. Disclaimer of Warranties

THE SITE, INCLUDING ALL CONTENT AND FUNCTIONALITY, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CALMO (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CALMO, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (THE “CALMO PARTIES”), BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY CALMO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF THE CALMO PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, €100.

7. General Information

These Terms are governed by and will be construed under the laws of the Netherlands, without regard to conflict of law principles. Any dispute arising from or relating to these Terms shall be finally settled in Amsterdam, Netherlands, in English, in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (“NAI”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time from any court of competent jurisdiction.

For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the courts located in Amsterdam, Netherlands. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

You may not assign these Terms or transfer any of your rights or obligations hereunder without Calmo’s express written consent. These Terms inure to the benefit of Calmo’s successors, assigns, and licensees. These Terms are the entire agreement between you and Calmo with respect to the subject matter herein.

Contact Information: