Welcome to Calm Kids, a Mindfulness, sleep, yoga and meditation app. The information in this document applies to our website and mobile application visitors and users (“users”, “you”, “your”).
Q1 - What does Calm Kids do with your Personal Information and other data?
We use information held about you in the following ways:
To provide you with the Products.
To answer your questions or requests for information or handle your complaints.
To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
To provide you with promotional communications, such as email, to the extent that you have provided
consent to receive such communications under applicable law.
To carry out our obligations arising from any agreements entered into between you and us.
To allow you to participate in interactive features of the Products, when you choose to do so.
To notify you about updates or changes to Product features and content.
To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent for such uses under applicable law.
To manage your payments and orders..
Q2 - If I terminate my account does my data get erased/anonymize?
Yes! Except for any logs that we might still have in our system or in the systems of some of our third-party providers. But we can never see anything that you Calm Kids and you can still exercise your right to erasure at email@example.com
Q3 - How much do you cost?
Standard Calm Kids is free for users. We are also offering a premium subscription with additional features and content. Such premium subscription is based either on an annual or monthly fee with an automatic renewal. You can subscribe to a premium account through the Apple in-app purchase system.
Please feel free to contact us at firstname.lastname@example.org for any questions, inquiries or issues.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1."you", "your" or "user" means an adult user of the Service acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.
2. By accessing or using Calm Kids, you agree that you have read, understand and agree to be bound by this Agreement, whether or not you are a registered user.
3. To enjoy Calm Kids via your smartphone or other device, your device must satisfy certain system requirements. These requirements can be found on the Apple App Store.
1. We reserve the right to upgrade, maintain, tune, backup, amend, add or remove features and content and redesign, improve or otherwise alter the Service.
1. Registering. Calm Kids's users can sign up for a user account by following the instructions on the App. Calm Kids reserves the right to reject any new registration or cancel any existing account at any time and for any reason. We do not accept account registration from users who are under 13 years of age. By registering with Calm Kids, you represent that you are at least 13 years old. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Agreement and agree to be bound by it.
2. Users are responsible for all activity that occurs on their account. Users must immediately notify Calm Kids of any unauthorized use of their account, or any other account related security breach of which a user is aware.
3. Any breach or violation of any term in this Agreement as decided solely by Calm Kids will result in the immediate termination of the account.
4. Calm Kids's accounts and subscriptions are not transferable and cannot be sold or exchanged or transferred in any way whatsoever.
1. Calm Kids offers two types of subscriptions:
2. You can subscribe to a premium account by purchasing a subscription through the Apple in-app purchase system. Please note that if you purchase a premium subscription through the Apple in-app purchase system, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
3. You may access to a free trial period of the premium annual subscription in accordance with certain offers available. If this is the case and you wish to cancel your premium annual subscription, you must cancel such annual subscription at least 24 hours before the end of the trial period in order to avoid the billing of the premium annual subscription fee to the payment method you provided.
4. For now, Calm Kids offers an annual subscription and a monthly subscription option. For the purposes of our monthly and yearly subscriptions, a year constitutes 365 calendar days and a month constitutes 30 calendar days.
5. Our annual subscription is paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that Calm Kids is authorized to charge the payment method used for the initial annual subscription fee at the rate agreed at the time of purchase, and, if applicable, the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. Refunds cannot be claimed for any partial subscription period.
6. Our monthly subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Calm Kids is authorized to charge the payment method used for the initial monthly subscription fee at the rate agreed at the time of purchase, and, if applicable, the non-discounted renewal subscription fee(s). The monthly renewal subscription fees will continue to be billed to the payment method you provided, automatically until cancelled. You must cancel your monthly subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month subscription period.
7. You agree to promptly notify Calm Kids of any changes to the payment method you provided while any premium subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
8. In the course of your use of the Service, Calm Kids and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Calm Kids and Calm Kids third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
9. Our obligation to provide the Service only comes into being when we take receipt of your premium subscription, and we or Apple confirm your purchase to you by email. If payment is not received by us from the payment method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any premium subscriptions purchased for commercial purposes.
10. We reserve the right at any time to change our fees (including to begin charging for Service that we are currently providing free of charge) and billing methods, either immediately upon posting on the App or by email delivery to you.
11. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase for a Calm Kids premium subscription; and that (ii) the information you supply is true, correct and complete.
13. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: Service availability, errors in the description or price of the Service, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or other reasons.
1. You may cancel an annual or monthly premium subscription at any time. However, the cancellation is only effective at the end of the applicable annual or monthly period and so, no refund can be claimed for any partial subscription period. In order to manage/cancel your subscription, please go to "Settings" in the App, click on "Manage Subscription" and follow the steps/instructions prompted. Please note that if you purchase your premium subscription through the Apple in-app purchase system, you can directly cancel your subscription by selecting "Subscriptions" in your iTunes Account settings and selecting the subscription you want to modify/cancel.
2. We may suspend or terminate your use of the Service as a result of your fraud or breach of any obligation under this Agreement. Such termination or suspension may be immediate and without notice. A breach of this Agreement, includes without limitation, the unauthorized copying or download of our audio or text content from the App.
1. We may offer, from time to time, some promotion code or special offer to access a premium subscription at a discounted price. Such promotion code or special offer may not be used in conjunction with any other promotion code or special offer, past or present. Introductory offers are only available to new users of the Service, except where expressly stated otherwise. Previous users or trial users of the Service do not qualify as new users.
2. Unless otherwise set forth in the terms of any promotion code or special offer, all pricing promotions or discounts will apply ONLY to the initial period of such subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
1. You acknowledge that Calm Kids retains ownership of all Intellectual Property of Calm Kids incorporated in the Service (including all improvements, enhancements, updates and corrections) and any Intellectual Property generated by Calm Kids in the process of providing the Service.
2. Subject to your payment of applicable subscription fees (if applicable), you may use software, proprietary systems and Intellectual Property owned by Calm Kids, or for which Calm Kids has appropriate authority to use, and you agree that such Intellectual Property is protected by copyright, trade marks, patents, proprietary rights and other laws, both domestically and internationally. You warrant that you shall not knowingly infringe on any third-party rights through the use of the Service.
3. You warrant that by using the Service you will not:
4. To the extent that any derivative works cannot be assigned to Calm Kids, you hereby grants Calm Kids a perpetual and irrevocable (irrespective of the expiration or termination of this Agreement), non-exclusive, transferable, worldwide, and royalty-free license to reproduce, distribute, perform, and display any derivative works of the Service developed by or for the user, and to use, make, have made, sell, offer to sell, import, export, and otherwise exploit any product based on any such derivative works.
5. If you violate any of these terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
1. We may provide links to third-party web sites or offer to you certain third party services including but not limited to the ability to connect with wellness providers (collectively, “Third Party Service(s)”). Such Third Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to your use of any such offered Third Party Services.
2. You are responsible for evaluating whether you want to access or use such Third Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third Party Services available outside of the App, or may choose to not utilize such Third Party Services at any time. We reserve the right to suspend Third Party Services at any time. You should review any applicable terms and/or privacy policies of a Third Party Service before using it or sharing any information with it, because you may give the operator permission to use your information outside of what you have agreed to herein. We are not responsible for, nor endorse any features, content, advertising, products or other materials on or available from such Third Party Services.
3. Calm Kids does not recommend and does not endorse the content on any third-party websites. Calm Kids is not responsible for the content of linked third-party sites, sites framed within the Calm Kids App or website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
2. By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information sent by us or any third party.
3. You may opt out of receiving any, or all, of these communications from us or third parties by following the unsubscribe link or instructions provided in any email we send.
1. You acknowledge that any and all:
2. You assign to us any and all right, title, and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how, and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
3. You agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of Calm Kids. At our request, you will execute any document, registration or filing required to give effect to these provisions.
1. CALM KIDS DOES NOT GUARANTEE THAT THE SERVICE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT CALM KIDS WILL CORRECT ALL SERVICE ERRORS. YOU ACKNOWLEDGE THAT CALM KIDS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. CALM KIDS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
2. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING FOR HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. CALM KIDS IS NOT LIABLE FOR (1) ANY CONTENT POSTED BY USERS ON OUR SERVICE; (2) CONTRACTS, CONTRACTUAL OBLIGATIONS, OR OTHER OBLIGATIONS THAT MAY ARISE FROM AN EMPLOYMENT, CONTRACTOR, OR OTHER RELATIONSHIP BETWEEN USERS; (3) ANY REVIEW OF CONTENT POSTED ON OUR SERVICE; (4) ANY DAMAGES THAT RESULT THROUGH THE USE OF OUR SERVICE; (5) ANY NEGATIVE OR CRITICAL COMMENTS THAT MAY BE POSTED BY USERS, OR OTHER THIRD PARTY THROUGH THE SERVICE; OR (6) ANY OF THE THIRD PARTY SERVICE(S) YOU MAY BE PROVIDED PURSUANT TO YOUR USE OF THE SERVICE.
4. YOU AGREE THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK. CALM KIDS DOES NOT GUARANTEE THE ACCURACY OF DATA CAPTURED THROUGH ITS SOFTWARE. THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
5. YOU AGREES TO INDEMNIFY CALM KIDS FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT CALM KIDS MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF OR CONDUCT IN CONNECTION WITH THE SERVICE, INCLUDING ANY BREACH BY YOU OF THIS AGREEMENT.
6. IN NO CASE SHALL CALM KIDS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR ANY LACK OF PERFORMANCE, OR THE UNAVAILABILITY OR FAILURE, OF THE SERVICE, OR FOR ANY FAILURE OR DELAY BY CALM KIDS TO COMPLY WITH THIS AGREEMENT, WHERE SUCH LACK, UNAVAILABILITY OR FAILURE ARISES FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL.
1. Calm Kids is providing a mobile app for guided yoga & mindfulness space. However, we are not a health care or medical provider, nor should our Service be considered medical advice. Only your doctor or other health care provider can do that. Calm Kids makes no claims, representations or guarantees that the Service provide a therapeutic benefit.
2. The information contained in the Service is for general information purposes only. While Calm Kids endeavors to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Service or the information contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
3. Any health information and links on the Service, whether provided by us or by third party providers, is provided simply for your convenience.
4. Any advice or other materials in the Service are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Service.
1. These Terms shall be governed and construed in accordance with the laws of Vietnam, which governing law applies to agreement without regard to its conflict of law provisions.
2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
1. Waiver. No failure or delay by either party in exercising any right under the Agreement, will constitute a waiver of that right. No waiver under the Agreement will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
2. Survival. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Warranties, Disclaimers, Liability, Indemnity & Exclusive Remedies, User Content, Disputes, Feedback and Intellectual Property.
3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
5. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
6. Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.