Terms of Service
Last updated: February 18, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Calm Relay LLC ("Company," "we," "our," or "us") governing your access to and use of the Calm Relay service, website, and applications (collectively, the "Service").
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
2. Description of Service
Calm Relay is a communication filtering service that helps users manage high-conflict communications by filtering and rewriting messages to remove emotional and inflammatory content while preserving useful information.
The Service includes:
- Message filtering at various levels (light, moderate, strict)
- Outbound message rewriting assistance
- SMS and in-app messaging
- Message retention management
The Service uses artificial intelligence and machine learning technologies to process and filter messages. You acknowledge that AI-generated content may not be perfect and you are responsible for reviewing all filtered content before relying on it.
3. Eligibility and Account Registration
Age Requirement: You must be at least 18 years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years old.
When you create an account, you agree to:
- Provide accurate, current, and complete registration information
- Maintain and promptly update your information as needed
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate accounts that contain inaccurate or misleading information.
4. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable federal, state, local, or international laws or regulations
- Harass, abuse, threaten, stalk, or otherwise harm another person
- Send spam, chain letters, or other unsolicited communications
- Impersonate any person or entity, or misrepresent your affiliation
- Interfere with, disrupt, or create an undue burden on the Service
- Attempt to circumvent any security features or access controls
- Use the Service for any fraudulent or illegal purpose
- Transmit viruses, malware, or other harmful code
- Collect or harvest information about other users without consent
- Use automated means to access the Service without our permission
Violation of this policy may result in immediate termination of your account and potential legal action.
5. AI-Powered Filtering Disclaimer
Calm Relay uses artificial intelligence and machine learning technologies, including services provided by third-party large language model (LLM) providers and other service providers, to filter and rewrite messages. We take steps to anonymize or minimize personally identifiable information where possible before processing. By using the Service, you understand and agree that:
- AI filtering is not perfect and may occasionally miss harmful content or over-filter benign content
- You are solely responsible for reviewing filtered messages before acting on them
- We do not guarantee the accuracy, completeness, or appropriateness of filtered content
- The Service should not be used as a substitute for professional legal, medical, or therapeutic advice
- Message content may be processed by third-party AI and infrastructure providers as necessary to operate the Service
- We are not liable for any decisions you make based on filtered content
6. SMS Communications
By providing your phone number and consenting during registration, you expressly agree to receive automated SMS text messages from Calm Relay. These messages may include:
- Account notifications and security alerts
- Filtered message delivery notifications
- Service updates and announcements
- Two-factor authentication and verification codes
Consent is not a condition of purchase. You may use Calm Relay without SMS messaging by adjusting your notification preferences in your account settings.
Message Frequency: Message frequency varies based on your usage and notification settings.
Message and Data Rates: Standard message and data rates may apply. Calm Relay does not charge for SMS messages, but your mobile carrier may charge fees according to your messaging plan.
How to Opt-Out: Text STOP to any message from us to unsubscribe. You will receive a confirmation message and no further SMS messages will be sent. To rejoin, update your preferences in your account settings.
How to Get Help: Text HELP for assistance, or email support@calmrelay.com.
Supported Carriers: Major U.S. carriers are supported including AT&T, Verizon, T-Mobile, and most regional carriers. Carriers are not liable for delayed or undelivered messages.
7. Subscription, Payment, and Refunds
Calm Relay offers both free and paid subscription plans. For paid plans:
- Subscription fees are billed in advance on a recurring basis (monthly or annually)
- You authorize us to charge your designated payment method automatically
- Prices are subject to change with at least 30 days' notice; continued use after price changes constitutes acceptance
- All fees are non-refundable except as required by law or as expressly stated herein
Refund Policy: You may request a refund within 14 days of your initial subscription purchase if you have not substantially used the Service. Refund requests should be sent to support@calmrelay.com. Renewals are non-refundable.
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will retain access until then.
8. Intellectual Property Rights
The Service, including its design, features, functionality, code, and content (excluding user-submitted content), is owned by Calm Relay LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service without our prior written consent.
Your Content: You retain ownership of all content you submit through the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, process, store, transmit, and display your content solely as necessary to provide and improve the Service. This license terminates when you delete your content or account, except for content shared with other users or as required for backup and legal compliance.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CALM RELAY LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY.
11. Indemnification
You agree to indemnify, defend, and hold harmless Calm Relay LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights, including privacy or intellectual property rights
- Any content you submit through the Service
12. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Resolution: Before filing any formal dispute, you agree to contact us at legal@calmrelay.com and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration: If we cannot resolve the dispute informally, you and Calm Relay LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Miami-Dade County, Florida, or at another mutually agreed location.
Class Action Waiver: YOU AND CALM RELAY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@calmrelay.com within 30 days of first accepting these Terms.
13. Account Termination
Termination by You: You may cancel your account at any time through your account settings or by contacting us at support@calmrelay.com.
Termination by Us: We may suspend or terminate your account immediately and without prior notice if:
- You breach any provision of these Terms
- You engage in fraudulent, abusive, or illegal activity
- Your account has been inactive for more than 12 months
- We are required to do so by law
- We discontinue the Service (with reasonable notice when possible)
Effect of Termination: Upon termination, your right to use the Service will cease immediately. We will delete your data in accordance with our Privacy Policy, except as required by law or for legitimate business purposes (such as resolving disputes).
14. Changes to Terms
We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice by:
- Posting the updated Terms on our website with a new "Last updated" date
- Sending you an email notification to the address associated with your account
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.
15. General Provisions
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Calm Relay LLC regarding the Service and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Calm Relay LLC.
Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Force Majeure: We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications failures, or third-party service provider outages.
Notices: We may send notices to you via email, in-app notification, or by posting on our website. You may send notices to us at the contact information below.
16. Contact Us
If you have questions about these Terms, please contact us:
- Email: legal@calmrelay.com
- Company: Calm Relay LLC
- Location: Miami, Florida, USA