Last Updated: April 11, 2025
These Terms of Service (the "Terms") apply to the products and services of Conscious.ai, Inc. and our subsidiaries and affiliates ("Conscious.ai," "we," or "us"), including our websites, social media pages, software applications, and other online services (collectively, the "Services").
Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. By agreeing to these Terms, you and Conscious.ai will, as described in section 16 below, be required to resolve most disputes with each other solely on an individual basis through arbitration where permitted by applicable law and not with a jury trial or as a class arbitration, class action, or any other kind of representative or court proceeding. If you do not agree to be bound by these Terms, please do not use the Services.
We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.
- Eligibility. You must be 16 years or older to use the Services. If you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to our Terms.
- Account Registration and Security. To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at support@conscious.ai of any unauthorized use of your account.
This section provides terms related to the Services that are only available with a paid subscription ("Conscious.ai Premium").
- Recurring Subscriptions. If you purchase a recurring subscription to use Conscious.ai Premium, the subscription will automatically renew until canceled.
- Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next period.
- Payment Method. You must provide an accurate and up-to-date payment method to purchase a subscription, gift card, or other item through the Services.
- Refunds. You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.
- Conscious.ai Services Ownership. Conscious.ai exclusively owns all right, title, and interest in and to the Services.
- User Content Ownership. Except for the license you grant below, Conscious.ai does not claim any ownership rights in any content posted through the Services.
- License You Grant to Conscious.ai. By making any User Content available to Conscious.ai, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works, and distribute your User Content.
The Services may contain links to third-party products, services, websites, and resources. We provide Third-Party Content only as a convenience and do not endorse or control it.
If you believe that anything on the Services infringes your copyright, you may notify Conscious.ai's designated agent at support@conscious.ai.
You are solely responsible for your User Content and conduct while using the Services, and will not:
- Post content that infringes on third-party rights or violates applicable laws.
- Engage in fraudulent or deceptive behavior.
- Share content that promotes violence, discrimination, or illegal activities.
Conscious.ai's trademarks, may not be copied, imitated, or used without Conscious.ai's prior written permission.
We may terminate your access to the Services if you violate these Terms, in our sole discretion. You may cancel your account at any time by sending an email to us at support@conscious.ai.
The Services are provided "as is" and "as available." We make no warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis.
The Services are provided for informational purposes only and are not intended to diagnose, prevent, or treat any condition or disease.
You will indemnify, defend, and hold harmless Conscious.ai and its officers, directors, employees, and agents from any claims arising out of your use of the Services.
To the fullest extent permitted by law, neither Conscious.ai nor any other party involved in creating the Services will be liable for any incidental or consequential damages arising out of the use of the Services.
Any disputes will be settled by binding arbitration, except for small claims court and certain injunctive relief. You have the right to opt out of arbitration by sending a written notice to support@conscious.ai within 30 days.
These Terms will be governed by the laws of the State of California. Disputes not subject to arbitration will be heard in the state and federal courts in Northern California.
We may change or discontinue the Services at our sole discretion, for any purpose, including to make improvements.
We may make changes to these Terms by notifying you via email or posting revised Terms on the Services. Your use of the Services following the changes constitutes your acceptance of the new Terms.
These Terms represent the entire understanding between Conscious.ai and you regarding the Services. Any provision found to be unlawful will be severed from these Terms, and the remaining provisions will remain in full force.
Conscious.ai does not accept unsolicited creative ideas but may use any feedback provided regarding the Services.
If you have any questions about these Terms or the Services, please contact us at support@conscious.ai.
The following provisions apply if you are accessing or using our mobile app on an Apple Inc. ("Apple") branded mobile device. These Terms, including this section, constitute a custom EULA for any Calm mobile app for purposes of Apple's agreements and you acknowledge that Apple's standard EULA will not apply.
Acknowledgement. The Terms are concluded between Calm and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.
Scope of License. The license granted to you for our app under section 6 of the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by our Apple Usage Rules set forth in the app Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via "Family Sharing" or volume purchasing.
Maintenance. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.
Warranty. We are solely responsible for any warranties, whether express or implied by law to the effect not effectively disclaimed under section 12 of the Terms. In the event of any failure of our app to conform to any applicable warranty not effectively disclaimed under section 12, you may notify Apple, and Apple will refund the purchase price (if any) for our app; and you agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Liability. Subject to section 15 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
IP Claims. Subject to section 15 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party's intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that you (i) 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) are not listed on any U.S. Government list of prohibited or restricted parties.
Name and Address. If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 22.
Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
If you are located in a country that provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted, or modified (or only to a limited extent), then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations.
For instance, if you are in Australia, these Terms are subject to the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
If we make a change or discontinue a Service that unreasonably disadvantages you or significantly disturbs the contractual balance between the parties---such as changes to essential characteristics of the Service---you may object by terminating your account and/or any Recurring Subscription.
If you terminate your Recurring Subscription under such circumstances, you may be entitled to receive a pro rata refund for the unused portion.
If you are located in Australia and terminate under these conditions, you will be entitled to a pro rata refund of the amounts paid for the unused portion of the terminated subscription.
If you are a consumer located in a jurisdiction that:
(i) requires consumer contracts or disputes to be governed by the local laws, or
(ii) prohibits exclusive jurisdiction clauses in favor of a foreign court,
then these Terms and related disputes will be governed by the laws, and subject to the jurisdiction, of the courts in your location as required by local law.
Exclusive jurisdiction and venue for any such claim shall be in the courts of the Northern District of California unless prohibited by local consumer protection law, in which case non-exclusive venue will be in the courts of your place of residence.