Terms and Conditions of Use for Calmara Services

Welcome to Calmara, a digital health and wellness platform owned and operated by HeHealth Inc., a company incorporated in Delaware, USA.

Starting April 24, 2024, access to Calmara's services will require the creation of a user account and will be subject to payment. This transition supports the continued enhancement of our services and features.

These Terms and Conditions form a legally binding agreement between you (the user) and HeHealth Inc. They apply to the services provided via the Calmara website (calmara.ai), the Calmara web application (app.calmara.ai), Calmara mobile application, and any associated services (collectively, the “Service”).

The information provided by the Service is for general informational purposes only. Before accessing or using the Service, please review these Terms and Conditions carefully.

By accessing, visiting, or using the Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions and the Privacy Policy (collectively, “Related Agreements”). Furthermore, you affirm that you are over the age of eighteen (18) and are capable of forming legally binding contracts. If you disagree with any part of these Terms and Conditions, you should not use the Service.

1. Service Overview and Limitations

1.1 Calmara AI and User Information

  1. Calmara utilizes an artificial intelligence (AI) algorithm to provide insights. The accuracy of these insights depends on factors such as image quality, the visibility of the condition, and the information you provide.
  2. Insights offered by Calmara are based on the AI's training data and do not involve direct input from medical professionals.

1.2 Usage Restrictions

The Service is intended for informational purposes and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition.

1.3 User Responsibilities

You are responsible for submitting images that have been acquired in a lawful and ethical manner, and for ensuring the accuracy of the information you provide, including verifying the correctness of your email address since accounts created with incorrect email details cannot be recovered. You must use the insights provided by Calmara responsibly. HeHealth Inc. is not liable for decisions made based on the information derived from our Service.

1.4 Advisory Nature of the Service

The insights and information provided by Calmara are intended to support, not replace, the relationship that exists between a User and their existing healthcare provider. Calmara is designed to assist you in making better lifestyle decisions based on AI-generated insights. However, these insights should not be the sole basis for any serious health-related decisions. Always consult with a qualified healthcare professional before making any decisions regarding your health.

2. User Account and Content

  • User Age Requirement: Use of the Calmara service is restricted to individuals who are legal adults, defined as being eighteen (18) years of age or older in most jurisdictions. By using the Service, you represent and warrant that you meet this age requirement. It is the user's responsibility to ensure compliance with this age restriction.
  • User Content Responsibility: You are solely responsible for any data, text, software, images, and other content that you post, submit, or otherwise make available through the Service. It is crucial that all User Content, especially images submitted for analysis, be provided ethically and lawfully. You agree not to upload content that infringes on the copyright or other intellectual property rights of others. It is your responsibility to ensure that any content you provide does not violate any laws or rights.
  • Image Handling and Privacy: Calmara respects your privacy by not keeping any user-submitted images; all submitted images are immediately deleted after processing. This policy underscores our commitment to your privacy and the security of your data.
  • Consent for Image Submission and Age Verification:

    1. Obtained Consent: Before submitting any images to the Service, you must have obtained explicit consent from all individuals in the images. This consent must cover their understanding of how their image will be used and analyzed by our Service. Inform individuals that their images will be immediately deleted after processing.
    2. Legal Adult Verification: You affirm that any images submitted feature only individuals who are legal adults (18 years of age or older). You are responsible for verifying the age of individuals in the images before submission.
    3. User Affirmation: By submitting images to the Service, you affirm that:

      • You have obtained clear consent from all individuals for the use of their images in connection with the Service.
      • All individuals depicted in the submitted images are legal adults.
      • You accept full responsibility for ensuring the above conditions are met and agree to indemnify HeHealth Inc. against any liability or damages that may arise from non-compliance with these requirements.
  • Account Deletion: Users can delete their accounts at any time through their account settings. Upon deletion, your account data, including scan history, is permanently removed from our systems. Please note that deleting your account or any scan history does not restore or refund used scans from your purchased plan.
  • Account Security: You are responsible for maintaining the security of your account. To enhance your privacy and account security, we recommend using third-party “Hide my email” services, allowing you to keep your actual email address confidential. If you suspect unauthorized use of your account, please contact us immediately at support@calmara.ai.
  • Termination of Services: You may terminate your account at any time through deleting your account in the account settings. Calmara also reserves the right to suspend or terminate accounts without prior notice if terms are violated or if account activity is deemed harmful to Calmara or its users.
  • HeHealth Inc.'s Liability: HeHealth Inc. will not be liable for any claims, damages, or legal actions resulting from the submission of images without proper consent or featuring individuals who are not legal adults, including but not limited to privacy infringements or violations of any law. The responsibility for obtaining consent and verifying the age of individuals in submitted images lies solely with you, the user.

3. User Conduct

You agree to use the Service ethically and legally. Prohibited actions include infringing on others' rights, engaging in illegal activities, and misusing the Service's content or features. Users are also expected to follow any specific rules or community guidelines Calmara may publish within the Service. These guidelines are designed to ensure a respectful and lawful interaction within the Calmara community.

4. Payment Terms and Conditions

4.1 Subscription Services and Purchases

Calmara offers two types of payment options:

“No Strings Attached" Subscription: This monthly subscription provides unlimited access to Calmara’s AI scan services for 30 days. The subscription auto-renews each month to ensure continuous service. Billing occurs at the start of each 30-day cycle, automatically charging the subscription fee and applicable taxes to your designated payment method.

  1. Automatic Renewal: Your subscription renews automatically at the current rate unless cancelled. Ensure your payment method is up-to-date to avoid service interruptions.
  2. Managing Your Subscription: You can manage your subscription settings, including cancellation or plan changes, through the account profile section in our app.
  3. Opting Out of Automatic Renewal: To stop automatic renewal, cancel your subscription in your account settings at least 24 hours before the end of the current cycle. Failure to do so will result in renewal for another period.
  4. Cancellation Policy: Cancel anytime through your account profile and retain access until the end of the billing period, ensuring full value for your last payment. Ensure cancellations are made at least 24 hours before the cycle ends to avoid further charges. No cancellation fees apply.

"Situationship" Bulk Buy: This one-time payment option allows you to access a fixed number of AI scans. The full cost must be paid upfront, and the service usage is limited to the number of scans purchased. This option does not renew, and all sales are final.

4.2 Payment Processing

All financial transactions are processed securely through Stripe. To protect your privacy and security, Calmara does not store or directly handle your credit or debit card details. Stripe, our payment processor, manages all payment information to ensure the security and confidentiality of your financial data.

4.3 Non-Refundable Policy

All payments made for the "No Strings Attached" subscriptions or "Situationship" bulk buys are non-refundable, except in cases where the service has failed to deliver the promised features significantly or there are long-term, unscheduled disruptions. This includes the full monthly subscription fees and the one-time bulk purchase fees, regardless of how much or how little of the service is used.

4.4 Taxes

Prices listed for the subscription and bulk buy services do not include any applicable taxes. You are responsible for all sales, use, value-added, or other governmental taxes, fees, or duties due to the services purchased.

4.5 Service Availability

While we strive to ensure the Service is always accessible, disruptions may occur. Calmara is not liable for any loss or inconvenience caused by these disruptions. We will make all reasonable efforts to provide prior notice of planned downtime and to restore the service as swiftly as possible.

5. Changes and Modifications

Calmara reserves the right to modify these Terms at any time. Changes will take effect immediately upon their posting on our website. We will notify users of significant changes to our terms and conditions through our platforms. Continued use of the Service after such changes indicates your acceptance of the new Terms.

6. Intellectual Property

Users retain ownership of their own data submitted to Calmara. However, by submitting data, users grant Calmara a license to use the data for providing services and improvements. Calmara owns all rights to proprietary algorithms and data insights generated from user data. Unauthorized use of the Service's content is strictly prohibited.

7. Limitation of Liability

While Calmara strives to provide helpful insights, the responsibility for the interpretation and use of any information provided through the Service rests solely with the user. We strongly recommend consulting with a healthcare professional before making any significant changes to your health or lifestyle based on the information provided by our Service.

HeHealth Inc. shall not be liable for any decisions, actions, or outcomes resulting from the use of the Service. HeHealth Inc. is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service.

8. Age Verification and Liability

  1. Age Verification: HeHealth Inc. requires all users to affirm that they are of legal adult age (18 years or older) as part of the account registration process. However, HeHealth Inc. does not have the means to verify the age of individuals who access and use the Service.
  2. Limitation of Liability for Underage Use: Both users and parents or legal guardians share the responsibility of ensuring that minors do not access or use the Calmara service. While Calmara is dedicated to not knowingly collecting information from individuals under eighteen (18) years of age, the primary responsibility for monitoring and controlling internet use among minors rests with their parents or legal guardians. HeHealth Inc. shall not be held liable for any use of the Service by individuals who are not legal adults, including any consequences arising from such use. If it comes to HeHealth Inc.'s attention that a user is under the legal age requirement, appropriate steps will be taken to remove the user from the Service.

9. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of Delaware, USA. In the event of a dispute, we first encourage contacting our customer support team to seek a resolution. If this does not resolve the issue, you may consider alternative dispute resolutions such as arbitration or mediation prior to any legal action. These disputes will be handled in a fair and equitable manner according to the laws of Delaware.

10. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at support@calmara.ai.

Date of Last Revision: April 24, 2024