Calmbox, LLC – Terms of Service

Effective Date: January 10, 2025

Welcome to Calmbox, operated by Calmbox, LLC (“Calmbox,” “we,” “us,” or “our”), a Delaware limited liability company. By accessing or using our website, mobile application, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and any additional terms and conditions that may apply to specific areas of the Service or to products and services available through the Service. If you do not agree to these Terms, you may not access or use our Service.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on our website or otherwise notifying you. Your continued use of or access to the Service after any changes are posted constitutes acceptance of those changes.

1. Description of the Service

1. Service Overview
   
   • Calmbox provides a technology platform enabling users to connect (“authorize”) various third-party services—such as email providers (e.g., Gmail), social media platforms (e.g., Twitter), and SMS/messaging services— to help filter, organize, and manage incoming messages.
   • We use machine learning technologies, including large language models (“LLMs”) from third-party providers, to analyze and filter out unwanted or spam messages.
2. Data Storage
   
   • Calmbox currently stores limited metadata from your messages (e.g., sender, subject, date received, external message ID). However, our system does have access to the full body of your emails (and potentially other messages) during processing, which may include personal or sensitive data.
   • Attachments are generally not stored by us, although our systems and third-party LLM providers may temporarily process or inspect them for filtering or analysis purposes.
   • We store user data for as long as you remain a customer. If you discontinue your use of the Service, we will anonymize or delete your personal information in accordance with our data retention policies, subject to any applicable legal or compliance requirements.
3. Third-Party Services & Providers
   
   • We may share raw email data (including sender, subject, content, date, and attachment info) with our third-party LLM or AI providers (e.g., OpenAI, Anthropic, or others) strictly for spam and unwanted message detection. We disclaim any and all liability for these third parties’ actions, data handling, or subsequent data use. You acknowledge and agree that these third-party services may modify their practices at any time, and Calmbox has no control over such changes.
   • In addition to LLM providers, we use third-party infrastructure (e.g., Heroku for hosting, Stripe for payment processing) that may store or process your data. While we make commercially reasonable efforts to choose reputable third parties, we do not independently guarantee their security or compliance measures. Accordingly, you agree that we are not liable for any acts or omissions by these third parties.
4. Analytics & Logs
   
   • We maintain basic access logs and may implement third-party analytics solutions (e.g., PostHog or similar) to track in-product usage. By using the Service, you consent to our use of such analytics tools.

2. Eligibility

To use our Service, you must:

1. Be at least 18 years of age or the age of majority in your jurisdiction.
2. Have the legal capacity to enter into these Terms.
3. Not be prohibited from using the Service under any applicable laws.

3. User Accounts

1. Account Creation
   To access certain features, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep such information updated.
2. Account Security
   You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or other security breach.
3. Third-Party Authorizations
   By connecting third-party accounts (e.g., Gmail) to the Service, you grant Calmbox and its providers the necessary permissions to access, view, process, and store your messages. You may revoke these permissions at any time; however, doing so may limit or disable Service functionality.
4. Account Deletion/Revocation
   We provide mechanisms for you to delete your account or revoke access. If you cancel your subscription or revoke authorization, we will cease collecting new data from the revoked account. Subject to any ongoing legal or compliance requirements, any previously stored personal data will be anonymized or deleted in accordance with our data retention policies.

4. Acceptable Use

You agree not to use the Service in any manner that:

1. Violates any applicable laws or regulations.
2. Infringes upon our rights or the rights of others.
3. Attempts to gain unauthorized access to any part of the Service or related systems.
4. Interferes with or disrupts the Service or networks linked to the Service.
5. Collects or stores personal data about other users without their express permission.

5. Subscription, Payment, and Refunds

1. Subscription Model
   
   • Calmbox offers paid subscription plans (e.g., “Basic” at $10/month, “Pro” at $20/month) that may automatically renew. Pricing is subject to change at our discretion, with notice provided where required by law.
   • You agree to pay the subscription fees and any applicable taxes. Failure to pay may result in suspension or termination of your account.
2. Billing and Payment
   
   • We use third-party payment processors (e.g., Stripe) for billing. By providing a payment method, you authorize us to charge that payment method for all applicable fees.
   • All subscriptions renew automatically unless canceled. You are responsible for canceling your subscription before the renewal date to avoid subsequent charges.
3. Refunds
   
   • We may offer a 30-day money-back guarantee for new subscribers. If you cancel within 30 days of your initial subscription, you may be eligible for a full refund. Outside that window, refunds are typically pro-rated based on the remaining portion of the billing cycle.
   • Refund policies may vary, and we reserve the right to grant or deny refunds at our discretion, as permitted by law.

6. User-Generated Rules & Filters

You may create custom filters or other rules for message processing. You are solely responsible for the content of these rules and for any outcomes arising from their application (e.g., mistakenly flagged or unflagged emails). We disclaim all liability related to the efficacy or accuracy of these rules.

7. Intellectual Property

1. Ownership
   All content, software, and functionality on the Service (excluding user-submitted emails or other externally sourced content) is owned by Calmbox or its licensors and is protected by U.S. and international law.
2. License
   Subject to your compliance with these Terms, Calmbox grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service.
3. Restrictions
   You agree not to reproduce, distribute, modify, sell, or exploit any portion of the Service without our express written permission.

8. Communications & Marketing

1. Service Communications
   We may send administrative or transactional emails to you (e.g., subscription confirmations, Service updates, or weekly spam summaries). You generally cannot opt out of these service-related communications as they are necessary for providing the Service.
2. Marketing & Promotional Emails
   
   • Although we currently do not focus heavily on marketing, we reserve the right to email you about new features, promotions, or updates.
   • You may opt out of marketing emails at any time via the unsubscribe link or your account settings.
3. LLM-Generated Interactions
   We may use LLMs to generate email summaries or weekly reports that you can interact with (e.g., by replying). These emails are considered part of the Service’s functionality and are governed by these Terms.

9. Disclaimers

1. As Is / As Available
   The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure.
2. Third-Party Providers
   We disclaim all liability for the actions or omissions of any third-party providers (including LLM providers, hosting platforms, or payment processors). Your use of these services is at your own risk.
3. Spam-Filtering Accuracy
   We do not guarantee perfect spam detection or filtering accuracy, and shall not be liable for false positives (legitimate emails flagged as spam) or false negatives (spam messages that are missed).
4. Potentially Sensitive Data
   We process full email content for filtering and store minimal metadata for ongoing service. However, we disclaim liability for how data (including sensitive data) is processed or used by third-party LLMs or other integrated services.

10. Limitation of Liability

To the fullest extent permitted by law, Calmbox, LLC, its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data, or goodwill) arising from or related to your use of (or inability to use) the Service—even if advised of the possibility of such damages. In no event will Calmbox’s total liability to you exceed the amount you have paid to Calmbox in the six (6) months preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Calmbox, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Your use of or access to the Service;
2. Your breach of these Terms;
3. Your violation of any third-party rights or applicable law.

12. Corporate Changes

1. Business Transfers
   If Calmbox undergoes a merger, acquisition, asset sale, or bankruptcy, we reserve the right to transfer or assign your information and our contractual rights with you. You agree that any acquirer of Calmbox may continue to use your information under the same terms set forth in these Terms (or any updated version).
2. Company Dissolution
   If Calmbox dissolves or ceases operations, we will delete or anonymize all user data within a reasonable time, subject to legal or compliance requirements.

13. Termination

1. We may suspend or terminate your access to the Service, at our sole discretion, for any reason, including breach of these Terms.
2. Upon termination, you must immediately cease all use of the Service. Any provisions of these Terms that, by their nature, should survive termination (including disclaimers, limitations of liability, and indemnification) will remain in effect.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Delaware for the resolution of any such disputes.

15. Miscellaneous

1. Entire Agreement
   These Terms and any documents referenced herein (including our Privacy Policy) constitute the entire agreement between you and Calmbox regarding the Service and supersede all prior or contemporaneous communications.
2. Severability
   If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.
3. No Waiver
   Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
4. Assignment
   You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without restriction.
5. No Third-Party Beneficiaries
   These Terms do not create any third-party beneficiary rights.
6. Headings
   Headings are provided for convenience only and do not affect the interpretation of these Terms.

16. Contact Us

For questions about these Terms, please contact:

Calmbox, LLC
2261 Market Street #22952
San Francisco, CA 94114
Email: support@calmbox.ai