Terms of Use

1. Acceptance of Terms

These Terms of Use (“Terms”) constitute a legal agreement between you (“you” or “User”) and KALM BAY, LLC (“KALM BAY,” “we,” “our,” or “us”), governing your use of the website at kalmbay.com (the “Website”) and all software products published by KALM BAY (collectively, the “Products”). By accessing the Website or downloading, installing, or using any of our Products, you agree to be bound by these Terms. If you do not agree, do not use the Website or our Products.

Where our Products are distributed through the Apple App Store, this agreement is between you and KALM BAY only, and not with Apple Inc. (“Apple”). KALM BAY, not Apple, is solely responsible for our Products and their content.

2. Description of Services

KALM BAY, LLC develops and publishes software products, which may include mobile applications, web applications, and other digital products (collectively, “Products”). The Website at kalmbay.com provides information about the company and its Products. Specific details about individual Products, including their features and intended audiences, are described in the App-Specific Addendums at the end of these Terms.

3. License Grant

Subject to your compliance with these Terms, KALM BAY grants you a limited, non-exclusive, non-transferable, revocable license to access the Website and to download, install, and use our Products for your personal, non-commercial use.

Where our Products are distributed through the Apple App Store, the following additional terms apply: you may use the Product on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions. This license does not allow you to use the Product on any device that you do not own or control, and you may not distribute or make the Product available over a network where it could be used by multiple devices at the same time, except as permitted by Apple through Family Sharing or volume purchasing.

4. Restrictions on Use

You agree not to:

• Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any Product or any part thereof
• Distribute, sublicense, lease, rent, loan, or otherwise transfer any Product to any third party
• Use any Product for any commercial purpose or in any manner not expressly permitted by these Terms
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in any Product
• Use any Product or the Website in any manner that could damage, disable, overburden, or impair our services or interfere with any other party's use

5. Subscriptions and In-App Purchases

Some of our Products may offer subscriptions or in-app purchases that unlock additional content or features. Not all Products offer paid features. Where applicable, the following terms apply:

• Payment: Where Products are distributed through the Apple App Store, payment is charged to your Apple ID account at the confirmation of purchase.
• Auto-Renewal: Subscriptions automatically renew unless you turn off auto-renewal at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price.
• Managing Subscriptions: You can manage or cancel your subscription at any time through your Apple ID account settings or the Settings app on your device.
• Free Trials: If a free trial is offered, any unused portion of the free trial will be forfeited when you purchase a subscription.
• Price Changes: We may change subscription prices from time to time. Any price change will take effect at the start of the next billing period following the date of the price change. Your continued use of the Product after the price change constitutes your agreement to pay the new price.
• Refunds: For Products distributed through the Apple App Store, all purchases are processed by Apple. To request a refund, visit reportaproblem.apple.com or contact Apple Support. We are unable to process refunds directly.

Uninstalling a Product does not cancel your subscription. You must cancel through your Apple ID account settings.

6. Intellectual Property

All content in the Website and our Products, including but not limited to artwork, illustrations, designs, graphics, icons, audio, music, text, and software, is the property of KALM BAY or its licensors and is protected by applicable copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Website, our Products, or their content, except for the limited license granted above.

KALM BAY is solely responsible for addressing any claims by you or any third party relating to intellectual property rights, including but not limited to any claim that a Product infringes a third party's intellectual property rights.

7. Disclaimer of Warranties

THE WEBSITE AND OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KALM BAY DOES NOT WARRANT THAT THE WEBSITE OR OUR PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Where a Product is distributed through the Apple App Store: in the event of any failure of the Product to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Product (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Product, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be KALM BAY's sole responsibility.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KALM BAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF KALM BAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KALM BAY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO KALM BAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.

Where Products are distributed through the Apple App Store, KALM BAY, not Apple, is responsible for addressing any claims by you or any third party relating to the Product or your possession and/or use of the Product, including but not limited to: (a) product liability claims; (b) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

9. Indemnification

You agree to indemnify, defend, and hold harmless KALM BAY and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Website or any Product, or your violation of these Terms.

10. Maintenance and Support

KALM BAY is solely responsible for providing any maintenance and support services with respect to our Products, as specified in these Terms or as required under applicable law. Where Products are distributed through the Apple App Store, Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Product. For support, please visit our Contact page or email us at [email protected].

11. Termination

These Terms are effective until terminated. Your rights under these Terms will terminate automatically if you fail to comply with any of their provisions. Upon termination, you must cease all use of the Website and our Products and destroy all copies in your possession. The following sections survive termination: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Contact Information.

12. Legal Compliance

You represent and warrant that: (a) you 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Florida.

If you are a resident of the European Union or European Economic Area, local mandatory consumer protection laws may apply to you and take precedence over certain provisions of these Terms.

14. Third-Party Terms

You must comply with applicable third-party terms of agreement when using our Products. For example, you must not be in violation of your wireless data service agreement when using a Product.

15. Apple as Third-Party Beneficiary

Where our Products are distributed through the Apple App Store, you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple 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.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by updating the “Last Updated” date at the top of this page. Your continued use of the Website or any Product after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KALM BAY regarding the use of the Website and our Products, and supersede all prior agreements, representations, and understandings.

19. Contact Information

If you have any questions, complaints, or claims regarding the Website, our Products, or these Terms, please contact us:

KALM BAY, LLC
Email: [email protected]
Web: kalmbay.com/contact