TERMS OF USE AND END USER LICENCE AGREEMENT (EULA) – CALMORY

Welcome to the Calmory app.

These Terms of Use (the “Terms”) govern your access to and use of the Calmory app (the “App” or the “Service”). By downloading, installing or using the Calmory app you enter into a binding legal agreement with Calmory, s.r.o. (the “Provider”, “we” or “us”).

If you do not agree to these Terms, do not install or use the app.

Introductory provisions and nature of the service

Description of the service

The Calmory app is a digital tool focused on self-care and support for mental health. The service gives users access to digital content such as relaxation meditations, music and nature sounds, bedtime stories or skills courses, and also serves as an interactive tool for keeping your own journal. The app may use artificial intelligence (AI) technologies. By installing the app you enter into a contract for the supply of digital content.

Medical disclaimer

Nature of AI

You acknowledge that parts of the content in the app may be generated by artificial intelligence. AI is a probabilistic technology that can err (“hallucinate”) or generate inaccurate information. AI outputs in the Calmory app are not professional advice.

User account, registration and data security

Full use of Calmory app features requires registration and creation of a user account.

Authentication method (passwordless)

The Calmory app does not use permanent passwords for sign-in. Sign-in and identity verification take place solely through one-time codes (OTP) or links sent to your email address. The iOS version also allows creating an account and signing in with Apple ID.

Duty to keep a working email

When registering you must enter a valid, working email address under your control. You are responsible for having lasting, secure access to that mailbox.

Responsibility for security

Because the email address is the only key to your account and data, you bear full responsibility for securing access to your mailbox. If a third party gains access to your email, they may also gain access to your data in the Calmory app.

Risk of losing access

Please note that losing access to the registered email address (e.g. mailbox cancellation, forgotten email password, blocking by the email provider) may lead to permanent, irreversible loss of access to your account and all data in the app. For technical and security reasons the Provider cannot unlock the account or migrate data to another address if you cannot prove access to the original registration email.

Age limit

The service is intended for persons over 13. By registering you confirm that you meet this age limit.

No export

The app currently does not allow automated export or download of data (backup) to the user. Data is accessible only through the app interface after successful email verification.

Usage models and Subscription (Freemium)

The Calmory app works on a “Freemium” model that distinguishes between free basic access and optional paid content.

Free version (Freemium)

You may download and use the Calmory app free of charge for an unlimited time. In this version you have access to basic features and selected content (e.g. basic meditation exercises, limited journal history). The scope of freely available content is determined solely by the Provider and may change over time. Payment details are not required to use the Free version.

Premium subscription (Calmory Premium)

For access to the complete content library, advanced statistics and extended features you may entirely voluntarily activate a paid subscription (“Calmory Premium”).

• Conclusion of the contract: Activation occurs by confirming the purchase in the app store interface (Apple App Store / Google Play Store).
• Payment and renewal: Fees are charged through your account in the relevant store. The subscription renews automatically (e.g. monthly or yearly) unless you turn off auto-renewal in your device settings at least 24 hours before the end of the current billing period.

Premium trial period (optional)

The Provider may (but need not) offer the option to try Calmory Premium features free of charge for a limited time (a “Free Trial”).

• If you choose to use this offer, you acknowledge that after the trial period the service automatically switches to paid mode unless you cancel it in advance.
• If you cancel the trial in time, you will not be charged and your account will remain in Free version mode.

Ending the subscription

You may cancel the subscription at any time in your Apple ID or Google account settings. Cancellation takes effect at the end of the current billing period.

Effect of cancellation: After the subscription ends you do not lose your account or your data. Your account is only switched back to the Free version (3.1) and access to premium content is locked.

Refunds

Refund requests are subject to the terms of the relevant store (Apple/Google). As the developer we have no direct access to your payment details and cannot refund payments directly.

User content, handling of data and privacy

Within the Calmory app you create, store and edit digital content, in particular personal journal entries, notes, mood records and other data (the “User Content”).

Ownership of content

You (the User) remain the exclusive owner of all copyright and proprietary rights in your User Content. The Provider claims no ownership of your personal thoughts, texts or data that you put into the app.

Licence to the Provider

So that we can provide the Calmory service (i.e. store, secure and display your data back on your device), you grant the Provider a worldwide, non-exclusive, royalty-free licence to host, store, transmit and create backup copies of your User Content. This licence is granted solely for the technical operation of the app and does not include the Provider’s right to publish your content, sell it to third parties or use it for marketing.

Privacy and encryption

We acknowledge the sensitive nature of your User Content.

• Encrypted transfer: All communication between the app and our servers is encrypted.
• Limited access: The Provider, its employees and contractors do not have access to your User Content in readable (decrypted) form, except where technically necessary to keep the service running (e.g. database recovery) or where required by a valid court order or law-enforcement authority.
• AI processing: If you use the app’s AI features, you acknowledge that texts may be processed by automated algorithms to generate replies or analyses. This data is processed in anonymised form and is not used to train third-party AI models in a way that could identify you.

Data storage and absence of a local backup

The Calmory app operates as a cloud service (“Cloud-Only”).

• Data in the app: Only data needed for the app to communicate with our servers is stored on your device. This includes in particular a unique identifier generated at sign-in, the email address, and identifiers of favourite items. Other content is not stored permanently on your device, but is always downloaded from ours.
• No export: The user acknowledges that the app currently has no function for automated export, download or local backup of User Content (e.g. to PDF or TXT). Your data is accessible and readable solely through the Calmory app user interface.
• Risk of loss: Given the absence of user backups, you bear the risk of data loss associated with losing access to your account (email). The Provider is not liable for loss of User Content caused by your forgetting login details, losing control of the mailbox, or permanently deleting the account yourself.

Responsibility for content

You are fully responsible for all User Content you put into the app. You undertake not to put into the app content that is unlawful, infringes third-party copyright, promotes violence or contains harmful code (viruses). The Provider reserves the right (but has no duty) to delete the account of a user who grossly breaches these terms, which will also irreversibly delete all content.

Intellectual property and rights in content

All rights in the Calmory app, its content and technology are the exclusive property of the Provider or its licence partners. The app is protected by copyright law (Act No. 121/2000 Coll.), international treaties and other intellectual-property laws.

What is protected (Provider’s ownership)

This protection includes, but is not limited to:

• Audiovisual content: All recordings such as meditations, fairy tales, bedtime stories, challenges and techniques, as well as voice accompaniments, musical underscoring, relaxing music pieces, nature sounds and videos contained in the app.
• Text content: Scripts and texts for all recordings, texts in the app interface, exercise descriptions, course descriptions, journal templates, motivational quotes and articles in the blog/knowledge-base section.
• Visual identity: The “Calmory” logo, the app icon, graphic design, colour schemes, illustrations, animations, layout and user interface (UI).
• Software and code: The app’s source code (including HTML, CSS, scripts), algorithms, database structures and backend technical solutions.

Licence limitations (What you must not do)

The licence granted to use the app is personal, non-transferable and non-exclusive. Without the Provider’s prior written consent it is expressly forbidden to:

• Distribution of content: Copy, upload, download (beyond ordinary use in the app), distribute or publicly play meditation recordings or music from the app (e.g. uploading Calmory content to YouTube, Spotify, social networks or file sharing).
• Reverse engineering: Reverse-engineer, decompile or attempt to obtain the app’s source code or bypass its security (including bypassing the payment gateway to obtain Premium content for free).
• Data scraping: Use automated systems (bots, scrapers) to extract texts, data or content from the app.
• Derivative works: Create apps or services based on Calmory content or imitating it (“clones” of the app).

Trademarks

The name “Calmory”, the Calmory logo and other related graphic elements are trade marks or registered trade marks of the Provider. You must not use them in connection with any other product or service in a way that could confuse customers or harm the Provider’s reputation.

Feedback and suggestions

If you voluntarily send us any ideas, suggestions for improvement, comments or other feedback about the Calmory app (“Feedback”):

• You acknowledge that this Feedback is not confidential.
• You grant the Provider a royalty-free, perpetual, worldwide and unlimited right to use, adapt and implement this Feedback in the app without any claim to remuneration or attribution.

Privacy policy

You acknowledge and agree that our processing of personal data is governed by the Privacy Policy, which is hereby considered an integral part of these Terms and is available at: Privacy Policy.

Service availability, updates and technical requirements

The Provider undertakes to use reasonable efforts to ensure the functionality and availability of the Calmory app. The user nevertheless acknowledges that, given the technical nature of the service (SaaS – Software as a Service), 100% availability cannot be guaranteed.

Availability and outages (“As Is”)

The app is provided “as is” and “as available”. The Provider gives no warranty that:

• The app will run continuously, without errors, viruses or other harmful components.
• Operation of the app will not be interrupted due to maintenance, technical faults on the server side, internet outages or force majeure (e.g. natural disasters, wars, outages of global cloud services).
• Limitation of liability for availability: The user has no claim to damages or a pro-rata refund of the subscription in the event of short outages of the service necessary for maintenance or caused by circumstances beyond the Provider’s control.

Feature changes and updates

The Calmory app is a continually evolving digital product. The Provider reserves the exclusive right at any time and without prior notice to:

• Update: Release new versions of the app to fix bugs, improve security or add new features.
• Change content: Change, adapt or remove any part of the content (e.g. meditation recordings, exercises) or app functionality (e.g. journal appearance, analytics tools).
• End features: Permanently remove certain features that the Provider considers outdated, little used or technically unsustainable. The user acknowledges that by paying the subscription they purchase access to the app in its current form at the time of use, not a right to keep a specific feature or content in the future.

Technical requirements and compatibility

For the Calmory app to work properly it is necessary:

• Internet connection: A stable and sufficiently fast internet connection (Wi-Fi or mobile data). The app requires online communication with the server for identity verification (email sign-in) and synchronisation of encrypted data. The user bears the cost of the internet connection.
• Compatible device: A device (smartphone, tablet) meeting minimum technical requirements and with a supported operating-system version (e.g. the current iOS/Android version and two versions back).
• Outdated devices: The Provider does not guarantee that the app will work on devices with unofficial software (“jailbreak”, “root”) or on outdated operating systems for which the manufacturer (Apple/Google) no longer provides security updates.

Ending operation of the service

The Provider reserves the right at any time to end operation of the Calmory app or part of it, permanently or temporarily.

In the event of a permanent end of the service the Provider will use reasonable efforts to inform users in advance (e.g. by email or an in-app notification), if technically and legally possible.

Limitation of liability and damages

Exclusion of indirect damages

The Provider, its affiliates, employees, agents, contractors and licence partners are not liable to you or any third party for any:

• Indirect, incidental, special, consequential or exemplary damages.
• Lost profit or loss of income (whether arising directly or indirectly).
• Loss of data, database damage or inability to access data (including situations caused by server failure, encryption error or loss of your email account).
• Damage to reputation (goodwill).
• Psychological harm, emotional distress or deterioration of health that you might subjectively associate with using or being unable to use the Calmory app.

This exclusion applies regardless of whether the claim is based on contract, tort (including negligence), strict liability or another legal theory, even if the Provider was warned of the possibility of such damages.

Financial cap on liability

The Provider’s total cumulative liability to you for all claims arising in connection with this agreement or use of the Calmory app shall not exceed:

• For paid accounts (Premium): The amount you actually paid the Provider for using the app during the twelve (12) months immediately preceding the event giving rise to the claim for damages.
• For free accounts (Freemium): The amount of CZK 1,000 (in words: one thousand Czech korunas) or the equivalent of that amount in the currency of your region. This limit applies to the aggregate of all your claims and does not increase with the number of claims or actions brought.

Liability for content and AI

The Provider expressly disclaims any liability for:

• Accuracy of AI outputs: Content generated by artificial intelligence in the app (e.g. mood interpretation, chatbot advice, personalised tips). AI may err, “hallucinate” facts or provide unsuitable context. Relying on these outputs is solely at your own risk.
• User decisions: Any life, health or financial decisions you make based on information obtained from the app. The app serves self-reflection, not as an authoritative adviser or therapist.

Statutory exception (consumer protection)

Some jurisdictions (including the Czech Republic and EU countries) do not allow exclusion or limitation of liability for:

• Harm to life or health caused intentionally or by gross negligence.
• Damage caused intentionally or by gross negligence.
• Consumer rights arising from defective performance.

If such laws apply to you, some or all of the above limitations or exclusions may not apply to you and you may have additional rights. In that case the Provider’s liability is limited to the widest extent permitted by the applicable laws of that jurisdiction.

Terms for Apple iOS users (Required by Apple)

If you download Calmory from the Apple App Store, you agree to the following:

• These Terms are concluded between you and the Provider, not Apple. The Provider alone is responsible for the app.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails, you may ask Apple for a refund of the subscription payment (in-app purchase) under App Store rules. To the maximum extent permitted by law, Apple has no further warranty obligations.
• You represent that you are not in a country subject to a US government embargo.
• Apple and its subsidiaries are intended third-party beneficiaries of these Terms and have the right to enforce them against you.

Changes to the terms and effectiveness

Right to change

The Provider reserves the right to reasonably change or supplement these Terms at any time, in particular because of changes in legislation, technical development of the Calmory app or a change of business strategy.

Notice of changes

• Minor changes: Changes of a technical or formal nature (e.g. correction of typos, contact details or clarification of features without impact on user rights) take effect when they are published in the app.
• Material changes: About changes that have a significant impact on your rights and duties (e.g. a change in subscription price, licence scope or limitation of liability), we will inform you at least 14 (fourteen) days in advance by email to your registered address or by a prominent notice (pop-up) directly in the Calmory app.

Disagreement with a change

If you do not agree with a change to the Terms, you have the right to:

• Stop using the Calmory app.
• Cancel your account and uninstall the app before the new Terms take effect.
• In the case of a paid subscription (Premium), cancel automatic renewal of the service.

By continuing to use the Calmory app after the new Terms take effect you express your free and informed agreement with the new wording.

Archiving

The current version of the Terms is always available directly in the app in Settings and on our website. We recommend that you check the wording of the Terms regularly.

Governing law, dispute resolution and contact details

Governing law

These Terms and all legal relations between you and the Provider are governed by and construed in accordance with the law of the Czech Republic.

• Exception for consumers: If you are a consumer with habitual residence in the European Union (outside the Czech Republic), this choice of law does not deprive you of the protection afforded by provisions of the law of your country of habitual residence from which you cannot contractually derogate.

Jurisdiction

For all disputes arising from these Terms or in connection with use of the Calmory app, the ordinary courts of the Czech Republic at the Provider’s registered office are competent (i.e. as a rule the locally competent court in Prague, unless otherwise provided).

• Exception for consumers: Consumers in the EU may bring an action to protect their consumer rights both in the Czech Republic and in their country of residence. The Provider may bring an action against a consumer only in the courts of the country where the consumer is resident.

Out-of-court settlement of consumer disputes (ADR/ODR)

If a consumer dispute arises between us that cannot be resolved by mutual agreement, you have the right to submit a proposal for out-of-court dispute resolution to the designated body:

• For the Czech Republic: Czech Trade Inspection Authority (ČOI), Central Inspectorate – ADR department, Štěpánská 15, 120 00 Prague 2. Web: adr.coi.cz.
• For the EU (online platform): Consumers resident in the EU may use the online dispute resolution (ODR) platform established by the European Commission, available at: ec.europa.eu/consumers/odr.

Severability

If any provision of these Terms becomes invalid, ineffective or unenforceable, that does not affect the validity and effectiveness of the remaining provisions. An invalid provision will be replaced by a valid provision whose meaning is as close as possible to the purpose of the original provision.

Contact details

For all questions, complaints, error reports or exercise of rights concerning the Calmory app you can contact us in the following ways: