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Welcome to the Calm Alpha Coaching Program, provided by Calm.com, Inc. (“Calm”).  This is a stress management program consisting of real-time coaching sessions with a Calm coach (each, a “Coaching Session”), on-demand video, audio, and interactive content (“Coaching Content”), and the websites, software, and technology used to access Coaching Content, communicate with your coach, or otherwise provide the service (the “Coaching Platform,” collectively with Coaching Sessions and Coaching Content, the “Calm Coaching Program” or the “Services”).  

Please read these full Calm Alpha Coaching Terms of Service (“Coaching Terms”) carefully, as they explain the Calm Coaching Program and the role of your coach, describe the collection and handling of your data, and otherwise govern your participation in the Calm Coaching Program and use of the Coaching Platform.

Agreement to Coaching Terms

By participating in the Calm Coaching Program, you agree to be bound by these Coaching Terms. You represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Coaching Terms and to abide by all of the terms and conditions of these Coaching Terms.

IMPORTANT INFORMATION & DISCLAIMERS ABOUT THE CALM COACHING PROGRAM

Calm and Calm coaches do not provide medical or any other type of clinical advice or treatment. If you are experiencing a medical emergency or require medical or other clinical treatment, dial 911 or contact your health care provider immediately.

Calm coaches are not therapists or any other type of licensed healthcare professional. Calm coaches do not provide clinical counseling or therapy, medical advice, diagnoses, psychotherapy services, or medical treatment.  

If you are seeking assistance with a clinically diagnosed condition, coaching may not be appropriate for you.

What Calm Coaching Is

The Calm Coaching Program is designed to help you with stress management.  The Calm Coaching Program is centered on real-time coaching sessions, on-demand video content, and written content to assist you with understanding stress and provide strategies and resources to reduce stress.  

What Calm Coaching Is Not

The Calm Coaching Program is not a substitute for therapy or medical treatment.  Therapy can focus on processing past events to understand one’s emotions and current state. Coaching, on the other hand, focuses on the future and provides you with structure, information, and techniques that you may find valuable to help manage stress.

Coaching Content is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare provider.

Calm is not responsible for the accuracy, reliability, effectiveness, or correct use of the Coaching Content you receive through or is generated by the Calm Coaching Program.

You are solely responsible for your interactions with your coach in connection with your use of the Calm Coaching Program. You accept full responsibility for choosing to use the Calm Coaching Program and any outcomes. You agree to waive all rights to liability or any claims against Calm, and any of its agents or employees.

Changes to the Calm Coaching Program

We reserve the right to withdraw, modify, or amend the Calm Coaching Program, the Coaching Platform, and any Coaching Content, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users.

Registration & Permitted Users

If you want to access and use the Calm Coaching Program, you must create an account (“Account”). It is important that you provide Calm with accurate, complete, and up-to- date information for your Account. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Coaching Terms.

You must be at least 18 years old to participate in the Calm Coaching Program. By registering for the Calm Coaching Program, you expressly represent and warrant that you are at least 18 years old, and are legally entitled to enter into these Coaching Terms.  You agree that if you are not at least 18 years old, you are prohibited from using, and will not attempt to use, the Calm Coaching Program.

Termination

Either Calm or you may terminate your use of the Calm Coaching Program at any time with or without notice. Calm is not responsible for any loss or harm related to your inability to enroll in or use the Calm Coaching Program.

INTELLECTUAL PROPERTY

Proprietary Rights

Calm and its licensors exclusively own and retain all proprietary right, title, and interest in and to the Coaching Content, the Coaching Platform, and the Calm Coaching Program, including all associated intellectual property rights contained therein. You acknowledge that the Calm Coaching Program in its entirety, as well as its component parts, is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. The Calm Coaching Program, including the Coaching Platform and the Coaching Content, contain the copyrighted material, trademarks, and other proprietary information of Calm and its licensors.

For purposes of these Coaching Terms, “Coaching Content” includes text, graphics, images, music, software, audio, video, assignments, worksheets, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Calm Coaching Program.  

Rights in Content Granted by Calm

Subject to your compliance with these Coaching Terms, Calm grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, view, access, and display the Coaching Content solely in connection with the Calm Coaching Program and solely for your permitted, personal and non-commercial purposes. Calm and its licensors retain all rights not expressly granted to you in these Coaching Terms.

Restrictions

You may not (i) modify, copy, distribute, transmit, display, perform, or create derivative works from the Services; (ii) remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services; or (iii) otherwise use the Coaching Content, the Coaching Platform, or the Calm Coaching Program except as expressly allowed herein.

User Content & License

You understand and acknowledge that you are solely responsible for all information, data, text, or other materials or content that you post, transmit privately or make public via the Services (“User Content”) and that Calm is not responsible or liable for this information. When you post, transmit or make information public through the Services, you grant Calm a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, for the purpose of providing and improving the Calm Coaching Program.

PRIVACY POLICY

Calm takes the confidentiality of your personal data seriously, and will maintain the privacy and security of your personal data, including any health-related information provided when using the Calm Coaching Program, in compliance with applicable laws.  

This section of the Coaching Terms provides additional information about the handling of your data collected in connection with the Calm Coaching Program. For additional information about Calm’s general privacy practices, please refer to Calm’s Privacy Policy. To the extent anything in this section conflicts with Calm’s Privacy Policy, this section shall apply.

Data Collection & Use

We will collect the following types of data in order to provide the Calm Coaching Program:

This data will be collected, used, and stored by Calm and its service providers, including Healthie, Inc., the operator of the HIPAA-compliant telehealth platform on which the Coaching Platform is built.

In addition to the specific uses described above, Calm may use the data collected to evaluate and improve the Calm Coaching Program, including helping to develop future versions of the Calm Coaching Program, as well as to ensure compliance with applicable laws, regulations, obligations, and rights (e.g., in response to a legally binding subpoena).

Data Retention and Deletion

We will only retain your personal data for as long as necessary for the Calm Coaching Program, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. In some circumstances, we may de-identify, aggregate, or otherwise anonymize your personal data consistent with applicable laws and industry standards so that it can no longer be associated with you.

Data Sharing

Except as described above, Calm will not share any information about your participation in the Calm Coaching Program with your employer, except on a de-identified, aggregated basis, unless you have provided consent.

Children’s Data

The Calm Coaching Program is not designed for children under the age of 18 and Calm does not intend to collect personal data from children under the age of 18 through the Calm Coaching Program. If you are under the age of 18, you are not permitted to participate in the Calm Coaching Program or submit personal data through the Services. If you have reason to believe that a child under the age of 18 has submitted personal data through the Calm Coaching Program, please contact privacy@calm.com and we will work to delete the data.

Your Choices

You may have rights with respect to your personal data, such as the right to request deletion of your data.  If you wish to exercise these rights, or have questions about how your personal data is handled, please contact privacy@calm.com.

ADDITIONAL TERMS

U.S. Export Controls

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Calm Coaching Program nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Calm Coaching Program you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Warranty Disclaimers

The Calm Coaching Program is provided “as is,” without warranty of any kind.  Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

Calm makes no warranty that the Calm Coaching Program will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  Calm makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Calm Coaching Program.

Limitation of Liability

Neither Calm nor any other party involved in creating, producing, or delivering the Calm Coaching Program will be liable for any direct, incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services for the Calm Coaching Program arising out of or in connection with these terms or from the use of or inability to use the Calm Coaching Program whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Calm has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Calm’s total liability arising out of or in connection with these terms or from the use of or inability to use the Calm Coaching Program exceed fifty dollars ($50). The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Calm and you.

Indemnity

You will indemnify and hold harmless Calm and its officers, directors, employees, agents, and contractors from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your participation in the Calm Coaching Program or Coaching Content or (ii) your violation of these Coaching Terms.

Dispute Resolution

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Agreement to Arbitrate” section below, and except for certain types of disputes described in the “Agreement to Arbitrate” section below, you agree that disputes between you and Calm will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Agreement to Arbitrate

You and Calm agree that any dispute, claim, or controversy arising out of or relating to these Coaching Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, Products, or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court; and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Calm with written notice of your desire to do so by email at support@calm.com within thirty (30) days following the date you first agree to these Coaching Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide Calm with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Calm with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Calm with an Arbitration Opt-out Notice, you acknowledge and agree that you and Calm are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Calm otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Coaching Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.). The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators.  If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Calm otherwise agree, the arbitration will be conducted in San Francisco County, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Calm submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Calm will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Arbitration Fees

Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Calm will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Assignment

You may not assign or transfer these Coaching Terms, by operation of law or otherwise, without Calm’s prior written consent. Any attempt by you to assign or transfer these Coaching Terms, without such consent, will be null and of no effect. Calm may assign or transfer these Coaching Terms, at its sole discretion, without restriction. Subject to the foregoing, these Coaching Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Entire Agreement

These Coaching Terms constitute the entire and exclusive understanding and agreement between Calm and you regarding the Calm Coaching Program, and these Coaching Terms supersede and replace any and all prior oral or written understandings or agreements between Calm and the Calm Coaching Program.  

Waiver; Severability

Calm’s failure to enforce any right or provision of these Coaching Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Calm. Except as expressly set forth in these Coaching Terms, the exercise by either party of any of its remedies under these Coaching Terms will be without prejudice to its other remedies under these Coaching Terms or otherwise. If any provision of these Coaching Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the Coaching Terms of the “Agreement to Arbitrate” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Coaching Terms will remain in full force and effect.

Governing Law

These Coaching Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

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