Terms of Service

1. Acceptance of Terms

By creating an account or using CalmEcho ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms form a legally binding agreement between you and CalmEcho.

These Terms are governed by and construed in accordance with applicable law. Please also read our Privacy Policy, which is incorporated into these Terms by reference.

2. Description of Service

CalmEcho provides guided meditation sessions, breathing exercises, progress tracking, and related wellness content through a web and mobile application. We offer two tiers of access:

• Free tier — access to a limited selection of sessions and features at no cost.
• Premium tier — full access to all sessions and features via a monthly subscription.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration & Eligibility

• You must be at least 18 years of age to create an account. Users under 18 may only use the Service with verified parental or guardian consent.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must provide accurate and complete information during registration.
• One person may hold only one account. You may not transfer your account to another person.
• You are responsible for all activity that occurs under your account.

4. Subscription & Billing

Premium access is billed as a recurring monthly subscription through Stripe, our payment processor. By subscribing you authorise us to charge the subscription fee to your chosen payment method on a recurring basis.

• Prices are displayed at checkout and may change with 30 days prior notice.
• Your subscription renews automatically each billing period until cancelled.
• Cancellation takes effect at the end of the current billing period — you retain Premium access until then.
• We do not store your card details. All payment data is handled by Stripe and subject to Stripe's terms and privacy policy.
• Failed payments may result in downgrade to the Free tier after a short grace period.

5. Cancellation & Refunds

You may cancel your subscription at any time via the Manage Billing section in the app, or by contacting us. No partial refunds are issued for mid-period cancellations except where required by law.

EU & UK Consumer Rights

If you are an EU or UK consumer, you have a statutory 14-day right of withdrawal from the date of purchase ("cooling-off period") under Directive 2011/83/EU and the UK Consumer Contracts Regulations 2013. To exercise this right, contact us within 14 days of your first payment. A pro-rata refund will be issued for any unused portion.

By starting to use Premium content before the 14-day period expires, you acknowledge that the right of withdrawal may be diminished proportionally.

6. Acceptable Use

You agree not to:

• Use the Service in a way that violates any applicable law or regulation.
• Attempt to reverse-engineer, scrape, or extract content from the Service.
• Share your account credentials with others or resell access.
• Use automated tools to access the Service in a manner that exceeds normal usage.
• Upload or transmit harmful, offensive, or unlawful content.
• Impersonate another person or entity.
• Interfere with the security or integrity of our systems.

Violation of these terms may result in suspension or termination of your account.

7. Intellectual Property

All content, features, and functionality of CalmEcho — including text, audio, graphics, animations, and code — are owned by CalmEcho or its licensors and protected by applicable intellectual property laws.

Your personal data and any content you submit (such as session notes or mood entries) remain yours. By submitting content, you grant us a limited, non-exclusive licence to store and process it solely to provide the Service.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components. Wellness content is for general informational purposes only and does not constitute medical, psychological, or therapeutic advice.

9. Limitation of Liability

To the maximum extent permitted by law, CalmEcho shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service. Our total aggregate liability to you shall not exceed the amount you paid us in the 12 months preceding the claim.

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable law.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CalmEcho and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any content or data you submit to the Service. This obligation survives termination of these Terms and your account.

11. Termination

• You may delete your account at any time via account settings or by contacting us.
• We may suspend or terminate accounts that violate these Terms.
• On account deletion, personal data is purged within 30 days (see Privacy Policy for retention details).
• Sections on indemnification, intellectual property, disclaimers, limitation of liability, governing law, and general provisions survive termination.

12. Governing Law & Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. Nothing in this clause affects the statutory rights of EU or UK consumers under their local mandatory law.

Informal Resolution

Before initiating any formal dispute, you agree to contact us at our contact page and give us 30 days to attempt informal resolution.

US Users — Binding Arbitration

For users in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will take place in Delaware or via videoconference.

Class action waiver: You and CalmEcho agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class or representative action. This waiver does not apply to public injunctive relief claims where prohibited by law.

Exceptions: Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm. Small claims court remains available for qualifying disputes.

You have the right to opt out of arbitration within 30 days of first agreeing to these Terms by contacting us in writing. Opting out does not affect any other provision of these Terms.

EU & UK Users — Consumer Rights

If you are an EU or UK consumer, the arbitration clause above does not apply to you. You retain all statutory rights under your local law and may access alternative dispute resolution (ADR) schemes, including the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. General Provisions

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CalmEcho regarding the Service and supersede all prior agreements, representations, warranties, and understandings of any kind.

Waiver

No failure or delay by CalmEcho in exercising any right under these Terms constitutes a waiver of that right. Any waiver must be made in writing by an authorised representative of CalmEcho to be effective.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. CalmEcho may assign these Terms without restriction, including to a successor entity in a merger, acquisition, or sale of assets. Any purported assignment in violation of this section is void.

Force Majeure

CalmEcho will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labour disputes, governmental actions, internet or infrastructure failures, or third-party service outages. We will notify you promptly and resume performance as soon as reasonably practicable.