Terms & Conditions of Service

1. General

Calm Koala websites (“Websites”), mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) are operated by Calm Koala, Inc. (“Calm Koala,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Calm Koala may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.

2. Description of Website and Service

The Service allows users to access and use a variety of sleep and recovery wellness features, including tracking sleep, viewing personalized insights and scores, and following guidance and practices to improve rest. Calm Koala may, in its sole discretion and at any time, update, change, suspend, make improvements to, or discontinue any aspect of the Service, temporarily or permanently.

3. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you must comply with these Terms and Conditions and all applicable laws.

4. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.

5. Registration

In connection with registering for and using the Service, you agree (i) to provide accurate, current, and complete information about you as requested by Calm Koala; (ii) to maintain the confidentiality of your sign-in credentials and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide, to keep such information accurate, current, and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

6. Your Representations and Warranties

You represent and warrant to Calm Koala that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside.

You represent and warrant that you are not: (1) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target of comprehensive U.S. economic or trade sanctions (i.e., an embargo); (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons; or (3) otherwise the target of U.S. sanctions.

7. Submission of Content

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, journal entries, or other materials on the Service (collectively, “Content”), you hereby grant to Calm Koala a fully-paid, royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Calm Koala, and others as described in these Terms and Conditions.

You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); or (ii) in Calm Koala’s sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose Calm Koala or its users to any harm or liability of any kind.

8. Indemnification of Calm Koala

You agree to defend, indemnify, and hold harmless Calm Koala and its directors, officers, employees, contractors, agents, suppliers, licensors, successors, and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities, and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), or your breach of any of these Terms and Conditions.

9. License to Apps

Subject to these Terms and Conditions, Calm Koala grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to do so, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Calm Koala and its licensors own and shall retain all intellectual property rights in and to the Apps.

The following applies if you use the Apps from the Apple App Store. You acknowledge that these Terms and Conditions are solely between you and Calm Koala, not Apple, and that Apple has no responsibility for the Apps or their content. Apple has no obligation to furnish any maintenance and support services with respect to the Apps. In the event of any failure of an App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever. Apple is not responsible for addressing any claims relating to the Apps, including product liability, regulatory, or consumer-protection claims. You and Calm Koala acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and Apple will have the right to enforce them against you.

10. In-App Purchases

Automatic Renewal

If you purchase an auto-renewing periodic subscription through the Service (for example, Calm Koala Premium), your account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate it, you will need to manage your subscription through your account settings or app store, even if you have deleted your account.

Fees and Taxes

You agree to pay all fees and applicable taxes incurred by you or anyone using a Calm Koala account registered to you. Calm Koala may revise pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase must be accurate, complete, and current. You agree to pay all charges incurred at the prices in effect when such charges are incurred, plus any applicable taxes.

Payment Processors

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or applicable payment terms. We encourage you to learn about the practices of such third party. In no event will Calm Koala be responsible for the actions or inactions of any third-party payment processor, including system downtime or payment-service outages.

Refund Policy

All payments are nonrefundable and there are no refunds or credits for partially used membership periods, unless otherwise required by the law in your jurisdiction. If you cancel your subscription to a paid Calm Koala service, you will continue to have access through the end of your current billing period. If you made purchases through the Apple or Google app stores, payments and refunds are handled by Apple or Google, respectively, and Calm Koala cannot issue refunds for those purchases.

11. Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, services, special offers, or other activities that are not owned or controlled by Calm Koala. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Calm Koala, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Calm Koala shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.

12. No Representations or Warranties by Calm Koala

THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES, AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY, AND RIGHTS GRANTED OR PROVIDED TO YOU BY CALM KOALA ARE PROVIDED TO YOU ON AN “AS IS” BASIS. CALM KOALA AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. CALM KOALA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS, OR SCHEDULED OR UNSCHEDULED MAINTENANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CALM KOALA BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO LOSS OF USE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA, EVEN IF CALM KOALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CALM KOALA’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CALM KOALA FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth herein, which allocate risk between us and form the basis of a bargain between the parties.

14. Termination

Calm Koala may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Calm Koala account at any time by following the instructions available through the Service. Sections 1, 6, 8, and 10 through 28 of these Terms and Conditions shall survive any termination.

15. Proprietary Rights in Service Content

All content available through the Service, including designs, text, graphics, images, information, software, audio, and other files, and their selection and arrangement (“Service Content”), are the proprietary property of Calm Koala or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data-gathering or extraction methods to obtain Service Content. All rights of Calm Koala or its licensors that are not expressly granted in these Terms and Conditions are reserved.

16. Trademarks

“Calm Koala” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Calm Koala or their respective owners. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Calm Koala name or any Calm Koala or third-party trademarks, service marks, graphics, or logos.

17. Privacy

Use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy Policy.

18. Health & Wellness Disclaimer

Calm Koala provides wellness and educational insights. It is not a medical device and does not diagnose, treat, cure, or prevent any disease. The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding your sleep, health, or a medical condition.

19. Notice for Claims of Copyright Violations

If you are a copyright owner and have a good-faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Calm Koala pursuant to the Digital Millennium Copyright Act by providing us with the following in writing:

• an electronic or physical signature of the copyright owner or the person authorized to act on their behalf;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material you claim is infringing is located on the Service, with enough detail that we may find it;
• your address, telephone number, and email address;
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

Calm Koala’s Agent for Notice of claims of copyright infringement can be reached at abuse@getcalmkoala.com. For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

20. Governing Law

These Terms and Conditions shall be governed by and construed under the laws of the State of Delaware, United States of America, excluding any conflict-of-laws provisions, regardless of your country of origin or where you access the Service.

21. Choice of Forum

Subject to Section 24 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the state or federal courts located in the State of Delaware. Both parties hereby consent to the personal jurisdiction of those courts and waive any objections to venue in those courts.

22. Dispute Resolution & Arbitration

ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.

Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. Arbitration shall be initiated only if no settlement can be reached.

The arbitration shall be conducted by a single arbitrator and administered by the American Arbitration Association (“AAA”) according to its Consumer Arbitration Rules and the provisions of this section. Where they conflict, the provisions of this section shall take precedence. The arbitration shall be conducted in the English language. If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in small claims court on an individual basis, instead of arbitration. There shall be no class or collective arbitration, or joinder of claims, except as provided for in the AAA’s Supplementary Rules for Multiple Case Filings.

If you do not want to arbitrate disputes with Calm Koala and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@getcalmkoala.com within 30 days of the day you first access or use the Service. Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute-resolution process.

23. Language

This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

24. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

25. Miscellaneous

These Terms and Conditions constitute the entire agreement between Calm Koala and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Calm Koala or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Calm Koala may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Calm Koala and you, and our respective successors and permitted assigns.

Last revised on June 19, 2026.