Triggers indemnification for mere service usage without requiring user fault, imposes uncapped legal costs on the user, and grants Calm exclusive control over defense settlement. Lacks any reciprocal indemnity or company-fault carve-out.
Imposes a trivial $50 liability cap and broadly excludes negligence and consequential damages, severely limiting practical remedies. Jurisdictional savings clauses provide minimal relief for consumers in protective legal regimes.
Enforces mandatory individual arbitration with a class action and jury trial waiver, while designating distant California courts for non-arbitrated disputes. Although a 30-day opt-out exists, the default framework significantly restricts consumer access to traditional judicial remedies.
Completely defers data practices to an external Privacy Policy, offering zero transparency on collection purposes, sharing, retention, or consumer rights within the Terms. Lacks security commitments, breach notifications, or statutory rights acknowledgments.
Users retain ownership, but the granted license is excessively broad, permitting sublicensing, commercial marketing use, modification, and waiver of moral rights without compensation or time limits. No explicit license termination upon content deletion is provided.
Allows unilateral modifications with continued use constituting acceptance, but lacks a defined advance notice period or explicit opt-out/refund mechanism for material changes outside the arbitration clause. Version dating is present but changelog is missing.
Permits unilateral account termination at the company's sole discretion without notice, reason, or appeal process. Provides no mechanism for data export, graduated enforcement, or transition support upon closure.
Uses browsewrap acceptance where mere access constitutes agreement, lacking explicit clickwrap confirmation. Scope broadly covers all digital touchpoints without clear boundaries, though it includes an age threshold and parental consent requirement.
Auto-renewal and trial conversion require proactive cancellation within a narrow 24-hour window, and prepaid fees are strictly non-refundable. Online cancellation is available, but the lack of proration and strict timing reduces consumer flexibility.