These Terms and Conditions ("Terms") govern your access to and use of the Calmhaus software platform, website, and related services (collectively, the "Services"), provided by Calmhaus ("Calmhaus," "we," "us," or "our"). By creating an account, booking a demo, or otherwise using the Services, you ("you," "your," or "Customer") agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Description of the Services
Calmhaus provides software that helps pet care businesses manage scheduling, team coverage, client and pet records, communications, live visit tracking, report cards, invoicing, and payments. Calmhaus is a software provider. We do not provide pet care, dog walking, sitting, or any in-person services, and we are not a party to the arrangements between you and your own clients.
2. Accounts and Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of the information you provide, for maintaining the security of your login credentials, and for all activity that occurs under your account. Notify us promptly of any unauthorized use.
3. Subscription, Fees, and Payment
Access to the Services is provided on a subscription basis. Current pricing is a flat fee of $25 per month for your entire business, with no per-caregiver or per-visit charge, no setup fee, and no annual contract. We may change pricing on a prospective basis with reasonable notice.
- Technology fee: When your clients pay by card through Calmhaus, a 5% technology fee is applied at checkout. This fee is charged to your client at the time of payment, not deducted from your subscription.
- Billing and processing: Payments are processed by our third-party payment processor (Stripe). Calmhaus does not store your full card details. You authorize recurring charges to your payment method on file.
- Failed or late payment: If a payment fails or is not received when due, we may retry the charge and may suspend access to the Services until the balance is resolved.
- Payment method requirement: You must maintain a valid payment method on file at all times while your subscription is active.
4. Your Data and Ownership
You retain all rights to the data you and your team enter into Calmhaus, including your client, pet, scheduling, and financial records ("Customer Data"). We claim no ownership of your Customer Data. With respect to Customer Data, you act as the controller and Calmhaus acts as a processor on your behalf, processing the data only to provide the Services and according to your instructions.
- You may export your Customer Data at any time.
- You are responsible for having the rights and permissions needed to collect and share Customer Data with Calmhaus.
- On termination, you may export your data, and we will delete or anonymize it in line with our retention practices and applicable law once your account shows a zero balance.
5. Acceptable Use
You agree not to misuse the Services. You will not, and will not permit others to:
- Use the Services for any unlawful, fraudulent, or harmful purpose;
- Upload content or data you do not have the right to use;
- Attempt to gain unauthorized access to the Services, other accounts, or our systems;
- Interfere with or disrupt the integrity or performance of the Services;
- Reverse engineer, copy, or resell the Services except as permitted by law.
6. Third-Party Services
The Services rely on and integrate with third-party providers, including payment processing, hosting, and communications. Your use of those integrations may be subject to the third party's own terms. We are not responsible for the acts, omissions, or availability of third-party services.
7. Service Availability
We work to keep the Services reliable and available, including offline recording and automatic syncing on the mobile app. We do not, however, guarantee that the Services will be uninterrupted, error free, or available at all times. We may perform maintenance, updates, or changes, and will make reasonable efforts to limit disruption.
8. Disclaimers
Except as expressly stated, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are responsible for how you operate your own business and for your arrangements with your clients and team.
9. Limitation of Liability
To the maximum extent permitted by law, Calmhaus shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services. Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid to Calmhaus in the twelve (12) months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Calmhaus and its owners, employees, contractors, agents, and affiliates from and against any and all claims, demands, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Any breach of these Terms by you;
- Your Customer Data or your use of the Services;
- Your arrangements with, or services you provide to, your own clients.
11. Confidentiality
Each party agrees to protect the other's confidential information, including business, technical, and account information, and to use it only as needed to provide or use the Services. Confidential information does not include information that is publicly known through no breach of these Terms, is disclosed with consent, or is required to be disclosed by law, court order, or governmental authority.
12. Force Majeure
Calmhaus shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, fire, flood, or earthquake, pandemics or public health emergencies, government actions or restrictions, labor disputes, and utility, network, or equipment failures. In such events, we will make reasonable efforts to restore the Services and notify affected customers.
13. Term and Termination
- By you: You may cancel your subscription at any time. There is no cancellation fee. You may export your data, and deletion is processed once your account shows a zero balance.
- By Calmhaus: We may suspend or terminate access, with or without cause, including for breach of these Terms, non-payment, security concerns, or misuse of the Services.
- Effect of termination: Provisions that by their nature should survive termination, including ownership, disclaimers, limitation of liability, indemnification, and governing law, will survive.
14. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered in California, rather than in court, except that either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
16. Assignment
You may not assign, transfer, or delegate these Terms or your rights hereunder without our prior written consent. We may assign or transfer our rights and obligations, including in connection with a merger, acquisition, or sale of assets.
17. Electronic Execution
This agreement may be accepted electronically. Electronic acceptance, including clicking to agree or continuing to use the Services, has the same legal effect as a handwritten signature.
18. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
19. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between Calmhaus and you and supersede all prior or contemporaneous understandings, agreements, representations, and warranties regarding the Services.
Acknowledgment and Agreement
By using Calmhaus, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.