Consumer terms and condtions
Applicable to consumers within the EU
Kalmoa B.V.
1. Introduction
1.1 We are Kalmoa, a Dutch company that provides a solution designed to offer insights into mental wellbeing for the purpose of self-reflection and awareness. Kalmoa's easy-to-use solution consists of proprietary hardware and software services that enable users to measure and better understand their mental wellbeing, and to obtain actionable insights intended to support personal improvement.
1.2 These Customer Terms describe the terms and conditions that apply to our Hardware and Services and your use thereof. Should you have any questions about these Customer Terms, the Hardware and Services or your use thereof, feel free to contact us via the channels under the [Support] section of our website.
2. Definitions
In these Customer Terms, the following definitions are used:
· Agreement: any agreement between Kalmoa and Customer, to which these Customer Terms apply.
· Customer: any natural person, acting outside their business, trade or profession, entering into an Agreement with Kalmoa, with a minimum age of 18.
· Customer Terms: these Customer terms and conditions (B2C).
· Hardware: the mental balance scan devices and related components as supplied by Kalmoa, including the Kalmoa headphone and the (optional) Digital Analog Converter (DAC).
· Kalmoa: Kalmoa B.V., a company incorporated under Dutch law at the registered address Prinses Marijkelaan 7, 2224 VA Katwijk, the Netherlands, registered with the Chamber of Commerce under number 96089393, providing hardware, software and digital services in the field of mental balance and wellbeing.
· Platform: the Kalmoa App, all Kalmoa software, applications, dashboards, databases, algorithms and cloud infrastructure.
· Results: all scans, analyses, reports, insights, scores, comparisons, recommendations, interpretations, and any other output or information generated or provided by or through the Hardware, Platform or Services.
· Services: all digital services provided by Kalmoa at Customer's request, including (i) access to and use of the Platform, (ii) the ability to submit Results to the Platform for analyses, and (iii) access to and use of reports and insights.
· Support: all support services provided by Kalmoa to Customers and Users.
· User: the natural person who actually uses the Hardware or the Platform.
3. Applicability Customer Terms
3.1 On the website of Kalmoa, Customers can purchase and use Hardware and Services from Kalmoa. By ordering such Hardware and Services on our website and by using such Hardware and Services, you expressly acknowledge that you have read, understood, and agree to be bound by these Customer Terms. If you do not agree to these Customer Terms, you must not order, access, or use the Hardware or Services. Customers should be 18 or over.
3.2 Kalmoa reserves the right to periodically update these Customer Terms at any time without prior notice. The updated Customer Terms will only apply to new orders but not to orders placed before the updated Customer Terms are published on this website.
3.3 If any provision of these Customer Terms is held invalid or unenforceable, the remaining provisions remain in full force.
4. Entering into an Agreement
4.1 A Customer may order Hardware and/or Services via the website. Services are typically offered for a specific period, in subscription form. However, the Platform and Services may also be accessed and used pursuant to a voucher provided by Kalmoa, either for single or limited use.
4.2 An agreement is concluded at the moment the Customer’s [OS1] offer is accepted by Kalmoa. By accepting the offer, the Customer confirms having read and agreed to these Customer Terms, including clauses 11 and 14. Kalmoa may refuse to accept offers on reasonable grounds.
4.3 When the offer to purchase Hardware or Services is accepted, Kalmoa confirms the Agreement electronically.
5. Right of withdrawal (cooling-off period)
Hardware
5.1 When an Agreement is entered into for the purchase of Hardware, the Customer has the right to withdraw from the Agreement within 14 days after receipt, without stating reasons. When the Customer wants to withdraw from the Agreement based on this clause 5, the Customer should contact Kalmoa by email at support@kalmoa.com.
5.2 During the cooling-off period as set out in clause 5.1 above, the Customer shall handle the Hardware and packaging with care. The Customer shall only unpack or use the Hardware to the extent necessary to determine the nature, characteristics, and operation of the Hardware.
5.3 The Customer shall return the Hardware as soon as possible, but in any event within 14 days of Customer's notification of withdrawal. The Customer shall ensure that the Hardware is returned in the condition in which it was received, with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Kalmoa. The Customer is liable for any diminished value of the Hardware resulting from the handling of the Hardware beyond what is stated in clause 5.2 above.
5.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.
5.5 Upon receipt of the returned Hardware in the condition in which it was received by the Customer, Kalmoa shall refund (i) the purchase price paid for the Hardware, and (ii) the shipping costs paid by the Customer for the original shipping of the Hardware to the Customer. The return shipping costs are borne by the Customer.
Services
5.6 When an Agreement is entered into for the purchase of Services, the Customer expressly agrees that delivery of the Services may start immediately after purchase at the Customer's consent. By giving this consent, the Customer waives the statutory right of withdrawal for the Services once the Agreement has been entered into and the Customer has been granted first access to the Services. The Customer acknowledges that this waiver is in accordance with Article 16(a) of the Consumer Rights Directive (2011/83/EU).[OS2]
5.7 The same applies when a User uses the Platform and the Services pursuant to a voucher.
6. Delivery of Hardware
6.1 Following the conclusion of the Agreement, ordered Hardware is shipped to the delivery address provided by the Customer. The Customer is responsible for the correctness and completeness of such address.
6.2 Kalmoa will take great care in receiving and executing orders for Hardware, but delivery times stated by Kalmoa are always indicative only. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Customer will be notified of this no later than 30 days after placing the order. In that case, the Customer has the right to terminate the Agreement without incurring any costs and is entitled to full compensation of the purchase price and shipping costs paid.
6.3 The Customer must inspect the Hardware immediately upon receipt, and inform Kalmoa as soon as reasonably possible of any issues or non-conformities. The risk of loss or damage transfers to the Customer upon the physical receipt of the Hardware.
7. Use of the Platform and Services
7.1 The Services offered by Kalmoa, including access to and use of the Platform, are primarily offered under a subscription model. Upon an accepted order for the Services, the Customer enters into an agreement for a specific subscription term during which the Customer may use the Services, in combination with the Hardware, to carry out scans, have these scans analyzed via the Platform, and receive analyses, reports and insights to improve the Customer's mental well-being.
7.2 For the use of the Kalmoa App, specific terms may apply that will be provided when downloading the Kalmoa App in the applicable app store.
7.3 The Customer receives a personal, non-transferable license to use the Platform and the Services, and may use the Platform and the Services itself or allow family and friends to use the Platform and the Services in a non-commercial or professional capacity. The Customer is not allowed to provide access to the Platform and the Services to other third parties, or with any kind of commercial or professional interest. The Customer shall ensure that each User shall adhere to these Consumer Terms, in particular this clause 7. The Customer acknowledges that allowing family and friends to use the Platform and Services does not diminish or transfer the Customer's responsibility for ensuring compliance with these Customer Terms, including the disclaimer and fair use policy.
7.4 When presented with a voucher by Kalmoa, a User may use the Platform and Services either for single or limited use. Such User shall be granted a license pursuant to clause 7.3 above, limited to the single or limited use granted by the voucher, and such use shall be subject to the limitations set out in these Consumer Terms, including the below fair use policy.
7.5 The use of the Platform and the Services is always subject to the following fair use policy:
· The Customer is always responsible for the use of the Platform and the Services pursuant to these Consumer Terms;
· The Customer ensures that each User has sufficient understanding of the functioning of the Hardware and the Services, and how to read and understand any analyses, reports and insights provided. When not clear, any output generated should always be reviewed and verified by a qualified professional;
· The Customer is always responsible for the secure creation and management of passwords and access credentials;
· The Customer and any Users are expressly prohibited from using the Platform and the Services:
- to engage in illegal activities;
- to infringe on any privacy rights or other rights of third parties;
- to attempt to reverse engineer, decompile, or disassemble any part of the Platform;
- to transfer, sublicense, lease or otherwise make available their access credentials or rights to use the Platform and Services, except as expressly authorized by Kalmoa in writing;
- to interfere with, disrupt, or attempt to gain unauthorized access to the Platform, other Customers' accounts, or Kalmoa's systems;
- to use access to the Platform and Services to build or assist in building a solution that is competitive with Kalmoa's; and
- to rely on the Platform and Services as medical or mental health advice, or as a substitute for professional healthcare services.[OS3]
7.6 Kalmoa may, in its sole discretion, temporarily or definitely suspend access in case of misuse.
8. Support
8.1 Kalmoa offers support to the Customers and Users of Hardware and Services. In case of issues with or questions about the Hardware or Services, please reach out to us via the support channels on our website www.kalmoa.com/support.
9. Pricing and payment
9.1 All prices shown to Customers are inclusive of VAT, unless stated otherwise.
9.2 During the period of validity stated on our website for Hardware or Services, the applicable prices will not be increased. Kalmoa may periodically adjust its prices, but such adjustment will not affect orders that have been placed and paid at the time of the adjustment, including any running subscriptions. Any price adjustment during a subscription term will only enter into effect for that Customer upon renewal of the subscription term. Customers will be notified of any price adjustment for subscription renewal at least 30 days before the renewal date.
9.3 Payment for Hardware or Services must be made in full in advance. In case of a subscription for Services, that means payment for the initial subscription term. Each Customer will be timely informed of the applicable prices for a renewal of the subscription term. Hardware will not be shipped and Services will not be activated before full payment is received. Specific terms and conditions may apply to vouchers provided by Kalmoa.
10. Conformity and warranty
10.1 Kalmoa warrants that the Hardware and Services shall conform in all material aspects to what has been explicitly stated in the Agreement, the specifications stated in the offer and any reasonable requirements of reliability and usability.
10.2 In case of problems with the Hardware and Services, the Customer needs to contact our support team (see clause 8 above). Together we can assess the problem and try to rectify the problems as quickly as reasonably possible.
10.3 Kalmoa offers a limited factory warranty of two (2) years on all Hardware. If it is established that there is a defect or non-conformity in the Hardware that was supplied, the Customer is entitled to repair or replacement of the Hardware. If repair or replacement is not possible, the Customer may be entitled to a refund or price reduction.
10.4 The above is offered in addition to the statutory rights and claims that the Customer may have against Kalmoa on the basis of the Agreement and applicable law.
11. Disclaimer and Important Limitations[OS4]
11.1 Nature of Service. The Hardware, Platform and Services provide insights for self-reflection and general wellbeing only. They are NOT medical devices and do NOT provide medical, psychological, or therapeutic services. They are not intended to diagnose, treat, cure, or prevent any disease, and should not replace professional medical advice or be used for medical decisions.
11.2 Professional Advice Required. Users must seek immediate professional help for mental health crises, suicidal thoughts, or medical emergencies. Do not delay obtaining professional advice based on any Results from our Services.
11.3 Informational Purpose. All Results are for general wellness information only and should be considered alongside other sources of information.
11.4 Restrictions. The Services should not be used by individuals under 18 years of age, in crisis situations, or as a substitute for prescribed treatment.
11.5 Limitation of Warranties. While we strive for quality, we cannot guarantee the accuracy or completeness of Results or specific outcomes. Your statutory rights as a consumer are not affected by this Agreement.
11.6 User Responsibility. You remain responsible for decisions regarding your health and wellbeing and for seeking appropriate professional advice.
12. IP and use of feedback
12.1 Kalmoa provides the licenses as set out in clause 7 above with respect to the use of the Platform and the Services. Users receive a personal, non-transferable license to use any scans, analyses, reports and insights provided as part of the Services.
12.2 Except for these licenses granted to the User under these Consumer Terms, Kalmoa and its licensors retain all rights, title and interest in and to the Platform, the Services and any scans, analyses, reports and insights provided as part of the Services, and all intellectual property rights therein, including any subsequent new versions and updates thereof.
12.3 The Customer hereby authorizes Kalmoa to use all information and feedback provided by the Customer with respect to the use of the Hardware, the Platform and the Services in order to improve the Hardware, the Platform and the Services, remedy any issues and provide further analysis and aggregate comparisons. This use right shall not be subject to any payment of fees.
12.4 Kalmoa shall indemnify the Customer against all claims, legal actions and any damages resulting from claims that the Platform or the results of the Services infringe an intellectual or industrial property right of any third party. The Customer shall notify Kalmoa promptly of the existence and the contents of such claims, to the extent known to the Customer, and shall allow Kalmoa and its licensors to handle and settle the claim, including making out-of-court settlements. The Customer shall grant Kalmoa all reasonable assistance and supply all information that may reasonably be required to defend against such claims.
13. Privacy and data protection
13.1 Kalmoa is committed to protecting your personal data and ensuring transparency about how it processes such data. In providing the Hardware and Services, Kalmoa processes personal data in accordance with the GDPR and all applicable data protection legislation.
13.2 Further details on the processing of personal data, and the measures that Kalmoa takes to ensure the security of such data, are available in Kalmoa's Privacy Statement www.kalmoa.com/legal/privacy
14.1 Standard of Care. Kalmoa has taken due care and operates with professional diligence in the development and operation of the Hardware, the Platform and the Services. However, Kalmoa does not warrant that these will always operate without error, interruption, or defect, or that they will meet all Customer or User requirements or expectations.
14.2 Cap on Liability. To the extent permitted by mandatory applicable law, Kalmoa's total aggregate liability to the Customer for all claims arising out of or related to these Customer Terms, the Hardware, Platform or Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the Customer to Kalmoa during the twelve (12) months immediately preceding the event giving rise to the claim, or EUR 500, whichever is lower.[OS6]
14.3 Preservation of Mandatory Rights. Nothing in these Customer Terms shall exclude or limit:
· Kalmoa's liability for death or personal injury caused by Kalmoa's negligence;
· Kalmoa's liability for intentional misconduct or gross negligence;
· any other liability that cannot be excluded or limited under mandatory applicable law, including the Customer's statutory rights as a consumer under mandatory consumer protection law.
15. Term and termination
15.1 If the Customer enters into an agreement for Services, such agreement may not be terminated for convenience during the initial term for which it was entered into. The Customer or Kalmoa may terminate such agreement against the end date of the initial term by giving 30 days prior written notice. Prior to the end date of such initial term, Kalmoa shall present the Customer with a proposal for a new subscription.
15.2 Kalmoa or the Customer may terminate any agreement for breach in case of a breach of any material obligation under the agreement. Use of the Hardware, the Platform or the Services in breach of these Consumer Terms will in any event be deemed a breach of material obligations.
15.3 Except as otherwise provided in these Customer Terms (including the right of withdrawal under clause 5) or as required by mandatory consumer protection law, any paid amounts are non-refundable, including in the event of early termination by the Customer.
16. Governing law and disputes
16.1 Dutch law applies to all Agreements, these Customer Terms and any disputes arising therefrom, and all use of the Hardware and the Services.
16.2 Customers may submit disputes to the competent court of their place of residence, or Kalmoa's place of establishment.
17. Amendment of the Consumer Terms
17.1 Kalmoa may periodically amend these Consumer Terms. Customers will be timely notified of such amendments.
17.2 Amendments to these Consumer Terms will only take effect after they have been published in an appropriate manner. In the event of applicable changes during the term of an agreement, the provision most favorable to the Customer will prevail.
Last updated: 2026, March 10.
Applicable to consumers within the United States
Kalmoa B.V.
1. Introduction
1.1 We are Kalmoa, a Dutch company doing business in the United States that provides a solution designed to offer insights into mental wellbeing for the purpose of self-reflection and awareness. Kalmoa's easy-to-use solution consists of proprietary hardware and software services that enable users to measure and better understand their mental wellbeing, and to obtain actionable insights intended to support personal improvement.
1.2 These Customer Terms describe the terms and conditions that apply to our Hardware and Services and your use thereof. Should you have any questions about these Customer Terms, the Hardware and Services or your use thereof, feel free to contact us via the channels under the Support section of our website.
1.3 Important Notice: Please carefully read clause 11 (Health and Medical
Disclaimers) and clause 14 (Liability Limitations) before using our Hardware or Services.
2. Definitions
In these Customer Terms, the following definitions are used:
· Agreement: any agreement between Kalmoa and Customer, to which these Customer Terms apply.
· Customer or US Customer: any natural person who is a resident of the United States, acting outside their business, trade or profession, entering into an Agreement with Kalmoa, with a minimum age of 18.
· Customer Terms: these Customer terms and conditions (B2C).
· Hardware: the mental balance scan devices and related components as supplied by Kalmoa, including the Kalmoa headphone and the (optional) Digital Analog Converter (DAC).
· Kalmoa: Kalmoa B.V., a company incorporated under Dutch law at the registered address Prinses Marijkelaan 7, 2224 VA Katwijk, the Netherlands, registered with the Chamber of Commerce under number 96089393, doing business in the United States, providing hardware, software and digital services in the field of mental balance and wellbeing.
· Platform: the Kalmoa App, all Kalmoa software, applications, dashboards, databases, algorithms and cloud infrastructure.
· Results: all scans, analyses, reports, insights, scores, comparisons, recommendations, interpretations, and any other output or information generated or provided by or through the Hardware, Platform or Services.
· Services: all digital services provided by Kalmoa at Customer's request, including (i) access to and use of the Platform, (ii) the ability to submit scan results to the Platform for analyses, and (iii) access to and use of reports and insights.
· Support: all support services provided by Kalmoa to Customers and Users.
· User: the natural person who actually uses the Hardware or the Platform.
3. Applicability Customer Terms
3.1 By ordering or using the Hardware or Services, you agree to these Terms, including the arbitration agreement in clause 16. If you don't agree, don't order or use our Hardware or Services. You must be 18 or older.
3.2 Kalmoa reserves the right to periodically update these Customer Terms at any time. The updated Customer Terms will only apply to new orders but not to orders placed before the updated Customer Terms are published on this website. For existing subscriptions, changes will take effect upon renewal unless otherwise required by law.
3.3 If any provision of these Customer Terms is held invalid or unenforceable, the remaining provisions remain in full force.
4. Entering into an Agreement
4.1 A Customer may order Hardware and/or Services via the website. Services are typically offered for a specific period, in subscription form. However, the Platform and Services may also be accessed and used pursuant to a voucher provided by Kalmoa, either for single or limited use.
4.2 An agreement is concluded at the moment the Customer’s [OS1] offer is accepted by Kalmoa. Kalmoa may refuse to accept offers on reasonable grounds.
4.3 When the offer to purchase Hardware or Services is accepted, Kalmoa confirms the Agreement electronically.
5. Return Policy
IMPORTANT: PLEASE READ CAREFULLY BEFORE PURCHASING
Hardware
5.1 Limited Returns. Hardware may only be returned if defective (see clause 10 warranty) or as required by law. We do not accept returns of non-defective Hardware except at our sole discretion.
5.2 Discretionary Returns. Kalmoa may accept returns of non-defective Hardware on a case-by-case basis. Any such discretionary return must be requested within fourteen (14) days of receipt by contacting Kalmoa at support@kalmoa.com. If Kalmoa agrees to accept a discretionary return:
· The Customer must obtain a return authorization number from Kalmoa before shipping;
· The Hardware must be returned in its original, unopened packaging with all accessories, manuals, and materials included;
· The Hardware must show no signs of use, installation, or damage;
· The Customer is responsible for all return shipping costs;
· A restocking fee of twenty percent (20%) may apply;
· Refunds, if approved, will be processed within ten (10) business days of receipt and inspection.
5.3 No Returns After Use. Hardware that has been opened, used, installed, or shows any signs of wear cannot be returned for refund except under warranty (clause 10).
5.4 Customer Responsibility. The Customer is responsible for:
· Verifying that the Hardware meets their needs before opening or using it;
· Reviewing all product specifications, compatibility requirements, and documentation available on Kalmoa's website before purchase;
Ensuring that return shipments are properly packaged and insured;
· Paying any applicable import duties, customs fees, or clearance charges
upon delivery of Hardware shipped from outside the United States; and
· Understanding that refusal to pay import duties or customs fees may
result in return or abandonment of the shipment without refund.
5.5 State-Specific Rights. This return policy does not affect any rights you may have under applicable state consumer protection laws or the warranty rights described in clause 10. Some states may provide additional rights that cannot be waived by agreement.
Services
5.6 ALL SALES OF SERVICES ARE FINAL. Once the Customer has been granted access to the Services and has accepted these Customer Terms with the express acknowledgment that access will be provided immediately, the Customer agrees that no refund will be provided for unused Services or any portion of a subscription period, except as may be required by applicable law.
5.7 The same applies when a User uses the Platform and the Services pursuant to a voucher.
5.8 State-Specific Rights. Some states may provide additional cancellation or refund rights for digital services. Nothing in this clause 5 is intended to limit any rights you may have under applicable state consumer protection laws.
6. Delivery of Hardware
6.1 Following the conclusion of the Agreement, ordered Hardware is shipped to the delivery address provided by the Customer. The Customer is responsible for the correctness and completeness of such address.
6.2 Kalmoa will take great care in receiving and executing orders for Hardware, but delivery times stated by Kalmoa are always estimates only and are not guaranteed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Customer will be notified of this no later than thirty (30) days after placing the order. In that case, the Customer has the right to cancel the order without incurring any costs and is entitled to a full refund of the purchase price and shipping costs paid.
6.3 The Customer must inspect the Hardware immediately upon receipt, and inform Kalmoa as soon as reasonably possible of any issues or non-conformities. The risk of loss or damage transfers to the Customer upon the physical receipt of the Hardware.
7. Use of the Platform and Services
7.1 The Services offered by Kalmoa, including access to and use of the Platform, are primarily offered under a subscription model. Upon an accepted order for the Services, the Customer enters into an agreement for a specific subscription term during which the Customer may use the Services, in combination with the Hardware, to carry out scans, have these scans analyzed via the Platform, and receive analyses, reports and insights to improve the Customer's mental well-being.
7.2 For the use of the Kalmoa App, specific terms may apply that will be provided when downloading the Kalmoa App in the applicable app store.
7.3 The Customer receives a personal, non-transferable license to use the Platform and the Services, and may use the Platform and the Services itself or allow family and friends to use the Platform and the Services in a non-commercial or professional capacity. The Customer is not allowed to provide access to the Platform and the Services to other third parties, or with any kind of commercial or professional interest. The Customer shall ensure that each User shall adhere to these Consumer Terms, in particular this clause 7. The Customer acknowledges that allowing family and friends to use the Platform and Services does not diminish or transfer the Customer's responsibility for ensuring compliance with these Customer Terms, including the disclaimer and fair use policy.
7.4 When presented with a voucher by Kalmoa, a User may use the Platform and Services either for single or limited use. Such User shall be granted a license pursuant to clause 7.3 above, limited to the single or limited use granted by the voucher, and such use shall be subject to the limitations set out in these Consumer Terms, including the below fair use policy.
7.5 The use of the Platform and the Services is always subject to the following fair use policy:
· The Customer is always responsible for the use of the Platform and the Services pursuant to these Consumer Terms;
· The Customer ensures that each User has sufficient understanding of the functioning of the Hardware and the Services, and how to read and understand any analyses, reports and insights provided. When not clear, any output generated should always be reviewed and verified by a qualified professional;
· The Customer is always responsible for the secure creation and management of passwords and access credentials;
· The Customer and any Users are expressly prohibited from using the Platform and the Services:
o to engage in illegal activities;
o to infringe on any privacy rights or other rights of third parties;
o to attempt to reverse engineer, decompile, or disassemble any part of the Platform;
o to transfer, sublicense, lease or otherwise make available their access credentials or rights to use the Platform and Services, except as expressly authorized by Kalmoa in writing;
o to interfere with, disrupt, or attempt to gain unauthorized access to the Platform, other Customers' accounts, or Kalmoa's systems;
o to use access to the Platform and Services to build or assist in building a solution that is competitive with Kalmoa's; and
o to rely on the Platform and Services as medical or mental health advice, or as a substitute for professional healthcare services.
7.6 Kalmoa may, in its sole discretion, temporarily or permanently suspend access in case of misuse.
8. Support
8.1 Kalmoa offers support to the Customers and Users of Hardware and Services. In case of issues with or questions about the Hardware or Services, please reach out to us via the support channels on our website www.kalmoa.com/support.
9. Pricing and Payment
9.1 All prices shown to Customers are in US Dollars (USD) and/or Euros (EUR) and exclude:
(a) State and local sales tax, use tax, and similar governmental charges, which will be calculated and added at checkout where Kalmoa has determined it has a tax collection obligation based on the Customer's shipping address and applicable state and local tax rates;
(b) Import duties, customs fees, clearance charges, and related costs
("Import Charges") that may be assessed by US Customs and Border
Protection or other governmental authorities.
IMPORTANT NOTICE REGARDING IMPORT CHARGES:
· Hardware is shipped from the Netherlands to the United States and may be subject to Import Charges depending on the value of the shipment and applicable customs regulations.
· Import Charges are the sole responsibility of the Customer and are NOT included in the purchase price or shipping charges paid to Kalmoa.
· Import Charges, if any, must be paid by the Customer to the shipping carrier upon delivery or to the customs authority as required. The exact amount of Import Charges cannot be determined by Kalmoa in advance as they are assessed by governmental authorities.
· If the Customer refuses delivery or fails to pay required Import Charges, the shipment may be returned, abandoned, or destroyed, and the Customer will not be entitled to a refund except as provided in clause 5.
· Customers are responsible for understanding and complying with all applicable import regulations. Information regarding potential Import Charges may be obtained from US Customs and Border Protection at www.cbp.gov or by contacting Kalmoa prior to purchase.
· For shipments valued under $800 USD, Import Charges are typically minimal or waived under the de minimis exception, but this cannot be guaranteed.
9.2 Kalmoa may periodically adjust its prices, but such adjustment will not affect orders that have been placed and paid at the time of the adjustment, including any running subscriptions. Any price adjustment during a subscription term will only enter into effect for that Customer upon renewal of the subscription term. Customers will be notified of any price adjustment for subscription renewal at least thirty (30) days before the renewal date.
9.3 Payment for Hardware or Services must be made in full in advance. In case of a subscription for Services, that means payment for the initial subscription term. Each Customer will be timely informed of the applicable prices for a renewal of the subscription term. Hardware will not be shipped and Services will not be activated before full payment is received. Specific terms and conditions may apply to vouchers provided by Kalmoa.
9.4 Automatic Renewal and Cancellation. If you purchase a subscription to the Services, your subscription will automatically renew at the end of each subscription period unless you cancel before the renewal date. You may cancel your subscription at any time by contacting Kalmoa by email to support@kalmoa.com, but cancellation will be effective at the end of the then-current subscription period, and no refunds will be provided for the remainder of the current subscription period except as required by applicable law. You will receive notice of any price increase at least thirty (30) days before your renewal date, and you will have the opportunity to cancel before the new price takes effect.
9.5 Automatic Renewal Notice (Required by Some States). By agreeing to these Customer Terms and purchasing a subscription, you agree that your subscription will continue and automatically renew until you cancel. You authorize Kalmoa to charge the payment method on file for the renewal price. You may cancel at any time to avoid future charges. To cancel, log in to your Kalmoa account, go to Settings (or Billing / Subscription), select Manage subscription, and click Cancel subscription. You can also cancel by emailing support@kalmoa.com from the email address associated with your account, stating you want to cancel and including your account email and (if available) your order/receipt number.You will receive a reminder email before each renewal with instructions on how to cancel.
10. Limited Warranty and Disclaimers
Limited Hardware Warranty
10.1 Kalmoa warrants that the Hardware will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase by the original purchaser ("Warranty Period"). This limited warranty is non-transferable and applies only to the original purchaser who purchased the Hardware directly from Kalmoa or an authorized Kalmoa retailer. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
10.2 What This Warranty Covers. During the Warranty Period, if the Hardware fails to conform to this limited warranty, Kalmoa will, at its sole option and as your exclusive remedy, either (a) repair the Hardware using new or refurbished parts, (b) replace the Hardware with new or refurbished Hardware that is at least functionally equivalent, or (c) refund the purchase price paid for the Hardware, less any applicable restocking fee. Kalmoa reserves the right to determine, in its sole discretion, which remedy to provide.
10.3 What This Warranty Does Not Cover. This limited warranty does not cover:
· Damage caused by accident, abuse, misuse, misapplication, or use with non-Kalmoa products;
· Damage caused by service, repair, or modification performed by anyone other than Kalmoa or a Kalmoa-authorized service provider;
· Hardware that has been modified, altered, or tampered with in any way;
· Cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports, or normal wear and tear;
· Damage caused by external causes such as fire, flood, extreme temperatures, electrical surges, or other acts of God;
· Hardware where the serial number has been removed, defaced, or altered;
· Consumable parts, such as batteries, cables, or ear cushions (unless damage has occurred due to a defect in materials or workmanship);
· Any software, firmware, or digital content, even if packaged or sold with the Hardware;
· Damage resulting from failure to follow Kalmoa's instructions for use, installation, or maintenance;
· Hardware purchased from unauthorized resellers or third parties (warranty applies only to Hardware purchased directly from Kalmoa or authorized retailers).
10.4 How to Obtain Warranty Service. To obtain warranty service, you must:
· Contact Kalmoa Support at support@kalmoa.com during the Warranty Period;
· Provide proof of purchase (receipt or order confirmation) showing the date and place of purchase;
· Provide a description of the problem and, if requested, photographic or video evidence of the defect;
· Follow Kalmoa's instructions for warranty service, which may include shipping the Hardware to a designated service location at your expense (Kalmoa will reimburse reasonable shipping costs if the Hardware is found to be defective and covered by warranty);
· Back up any data, content, or settings before sending Hardware for service, as Kalmoa is not responsible for any loss of data or content.
10.5 Warranty Service Process. Kalmoa will evaluate the Hardware to determine if the defect is covered by this limited warranty. If the defect is not covered, Kalmoa will notify you and may offer to repair the Hardware for a fee. If you decline, Kalmoa will return the Hardware to you at your expense. Warranty service may take up to thirty (30) days from receipt of the Hardware.
10.6 WARRANTY LIMITATION. TO THE EXTENT PERMITTED BY LAW, IMPLIED WARRANTIES (INCLUDING MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE) ARE LIMITED TO ONE (1) YEAR. Some states don't allow limitations on implied warranties, so this may not apply to you.
10.7 LIMITATION ON DAMAGES. OUR TOTAL LIABILITY UNDER THIS WARRANTY IS LIMITED TO REPAIR, REPLACEMENT, OR REFUND AS DESCRIBED ABOVE. WE ARE NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL) ARISING FROM WARRANTY BREACH. Some states don't allow these exclusions, so they may not apply to you.
Software and Services Disclaimer
10.8 DISCLAIMER OF WARRANTIES FOR SOFTWARE AND SERVICES. THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALMOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
10.9 WITHOUT LIMITING THE FOREGOING, KALMOA DOES NOT WARRANT THAT:
· The Platform or Services will meet your requirements or expectations;
· The Platform or Services will be uninterrupted, timely, secure, or error-free;
· The Results obtained from the use of the Platform or Services will be accurate, reliable, complete, or current;
· The quality of any Results, information, or other material obtained through the Platform or Services will meet your expectations;
· Any errors in the Platform or Services will be corrected;
· The Platform or Services will be compatible with all hardware, software, or equipment;
· The Platform or Services will be free from viruses or other harmful components.
10.10YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND SERVICES AND FOR ANY RESULTS OBTAINED THEREFROM.
10.11NO ORAL OR WRITTEN INFORMATION, ADVICE, OR REPRESENTATION GIVEN BY KALMOA, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE CUSTOMER TERMS, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
10.12State Variations. Some states do not allow the exclusion or limitation of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
11. Disclaimer and Important Limitations
11.1 Not a Medical Device or Service. Kalmoa provides insights for self-reflection and awareness only. Kalmoa does not provide medical, psychological, or therapeutic services, and the Hardware, Platform, and Services may not be used to provide medical diagnoses or treatment advice. The Hardware is not a medical device and has not been evaluated or approved by the U.S. Food and Drug Administration (FDA). The Hardware, Platform, and Services provide insights that relate only to relaxation or stress management, not to any disease or medical condition. Consult a qualified therapist or doctor for any mental health condition or before making changes to medication. Kalmoa does not replace licensed clinical therapy. Always seek the advice of a qualified mental health professional with any questions you may have regarding a mental health condition. Do not disregard professional advice or delay seeking it based on information provided by Kalmoa.
11.2 Crisis Situations. KALMOA IS NOT DESIGNED FOR USE IN CRISIS SITUATIONS, including but not limited to thoughts of self-harm, suicidal thoughts, or psychotic symptoms, and cannot provide the support you need in such circumstances. IF YOU ARE IN A CRISIS, STOP USING KALMOA AND CONTACT EMERGENCY SERVICES OR A CRISIS HELPLINE IMMEDIATELY.
11.3 No Professional Relationship. Use of the Hardware, Platform, and Services does not create any therapist-client, doctor-patient, or other professional healthcare relationship. Kalmoa is not a licensed healthcare provider or covered entity under HIPAA. Information provided through the Services is not protected health information under HIPAA.
11.4 Assumption of Risk. By using the Hardware, Platform, and Services, you acknowledge and voluntarily assume all risks associated with such use, including that Results may be inaccurate, incomplete, or misapplied. You remain responsible for all decisions made based on Results and for your own health and wellbeing.
11.5 Limitations. Some states do not allow certain limitations on liability or warranties, so some of these limitations may not apply to you. This Agreement does not affect your statutory rights as a consumer under applicable law.
12. IP and Use of Feedback
12.1 Kalmoa provides the licenses as set out in clause 7 above with respect to the use of the Platform and the Services. Users receive a personal, non-transferable license to use any scans, analyses, reports and insights provided as part of the Services.
12.2 Except for these licenses granted to the User under these Consumer Terms, Kalmoa and its licensors retain all rights, title and interest in and to the Platform, the Services and any scans, analyses, reports and insights provided as part of the Services, and all intellectual property rights therein, including any subsequent new versions and updates thereof.
12.3 The Customer hereby authorizes Kalmoa to use all information and feedback provided by the Customer with respect to the use of the Hardware, the Platform and the Services in order to improve the Hardware, the Platform and the Services, remedy any issues and provide further analysis and aggregate comparisons. This use right shall not be subject to any payment of fees.
12.4 Kalmoa shall indemnify the Customer against all claims, legal actions and any damages resulting from claims that the Platform or the results of the Services infringe an intellectual or industrial property right of any third party. The Customer shall notify Kalmoa promptly of the existence and the contents of such claims, to the extent known to the Customer, and shall allow Kalmoa and its licensors to handle and settle the claim, including making out-of-court settlements. The Customer shall grant Kalmoa all reasonable assistance and supply all information that may reasonably be required to defend against such claims.
13. Privacy and Data Protection
13.1 Kalmoa is committed to protecting your personal information and ensuring transparency about how it processes such information. In providing the Hardware and Services, Kalmoa processes personal information in accordance with applicable Dutch and European data protection laws (including the General Data Protection Regulation or GDPR) and applicable U.S. federal and state privacy laws. For U.S. customers, specific U.S. privacy laws (including the California Consumer Privacy Act and other state privacy laws) apply in addition to our general privacy practices.
13.2 Further details on the collection, use, and protection of personal information, and the measures that Kalmoa takes to ensure the security of such information, are available in Kalmoa's Privacy Statement www.kalmoa.com/legal/privacy, which is incorporated by reference into these Customer Terms.
13.3 The Customer acknowledges that processing of scan data may involve processing of sensitive personal information relating to health under applicable state privacy laws and under the GDPR. By using the Services, the Customer consents to such processing as described in Kalmoa's Privacy Statement.
13.4 California Residents. If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please see Kalmoa's Privacy Statement for information about your California privacy rights.
13.5 Other State Residents. Residents of certain other states, including Virginia, Colorado, Connecticut, Utah, and other states with comprehensive privacy laws, may have additional privacy rights under applicable state laws. Please see Kalmoa's Privacy Statement for more information.
14. Liability
14.1 Standard of Care and Warranty Disclaimer.
Kalmoa operates with professional diligence in providing the Hardware, Platform, and Services. THE HARDWARE, PLATFORM, AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALMOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Kalmoa does not warrant that the Hardware, Platform, or Services will operate without error, interruption, or defect, or that they will meet all Customer requirements or expectations.
14.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
KALMOA SHALL NOT BE LIABLE FOR:
1. INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, including but not limited to loss of profits, loss of data, loss of goodwill, or emotional distress, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if Kalmoa has been advised of the possibility of such damages;
2. Damages resulting from unauthorized access to or use of the Platform or your account;
3. Damages caused by third parties, including third-party service providers;
· Damages that were not reasonably foreseeable at the time this Agreement was entered into.
14.3 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALMOA'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED:
(a) For claims related to Hardware defects or malfunctions: the purchase price paid for the Hardware; or
(b) For all other claims: the greater of (i) the total amount paid by the Customer to Kalmoa during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) Five Hundred Dollars (USD $500).
14.4 Preservation of Mandatory Rights. Nothing in these Customer Terms shall exclude or limit:
4. Kalmoa's liability for death or personal injury caused by Kalmoa's negligence or willful misconduct;
5. Kalmoa's liability for fraud or fraudulent misrepresentation;
6. Kalmoa's liability for gross negligence or intentional misconduct;
7. Any other liability that cannot be excluded or limited under applicable law;
8. Any rights you may have under the Magnuson-Moss Warranty Act or applicable state consumer protection laws that cannot be waived by agreement.
14.5 Time Limit for Claims. To the extent permitted by applicable law, any claim against Kalmoa must be brought within one (1) year from the date you became aware, or reasonably should have become aware, of the facts giving rise to the claim. For Hardware defect claims, this limitation applies to the extent permitted by the Uniform Commercial Code and applicable state law.
14.6 Basis of the Bargain. You acknowledge that the limitations and exclusions in this Article are fundamental elements of the bargain between you and Kalmoa, and that Kalmoa would not provide the Hardware, Platform, and Services at the current pricing without these limitations.
14.7 State-Specific Provisions. Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on implied warranties, so the above limitations may not apply to you. You may also have other rights that vary from state to state.
15. Term and Termination
15.1 If the Customer enters into an agreement for Services, such agreement may not be terminated for convenience during the initial term for which it was entered into. The Customer or Kalmoa may terminate such agreement against the end date of the initial term by giving thirty (30) days prior written notice. Prior to the end date of such initial term, Kalmoa shall present the Customer with a proposal for a new subscription.
15.2 Kalmoa or the Customer may terminate any agreement for breach in case of a breach of any material obligation under the agreement. Use of the Hardware, the Platform or the Services in breach of these Consumer Terms will in any event be deemed a breach of material obligations.
15.3 Except as otherwise provided in these Customer Terms (including the return policy under clause 5 and warranty under clause 10) or as required by applicable law, any paid amounts are non-refundable, including in the event of early termination by the Customer.
16. Governing Law, Dispute Resolution, and Arbitration
Governing Law
16.1 These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict of law principles. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
16.2 Consumer Protection. Nothing in these Terms limits your rights under mandatory consumer protection, warranty, or privacy laws of the state where you reside.
Informal Dispute Resolution
16.3 Before filing a claim against Kalmoa, you agree to first contact Kalmoa at legal@kalmoa.com and attempt to resolve the dispute informally. In your notice, please describe the nature and basis of the claim and the specific relief sought. Kalmoa will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or Kalmoa may bring a formal proceeding as described below.
BINDING ARBITRATION
16.4 Agreement to Arbitrate. Except as stated below, you and Kalmoa agree to resolve disputes through binding arbitration rather than court. Arbitration is more informal than court, uses a neutral arbitrator instead of a judge or jury, has limited discovery, and limited appeal rights.
16.5 Covered Disputes. This arbitration agreement covers all disputes arising from these Terms, the Hardware, Platform, or Services, except:
· Small claims court actions (if requirements met)
· Intellectual property disputes
· Requests for injunctive relief for unauthorized use
16.6 Arbitration Rules. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA's rules and fee schedule are available at www.adr.org. The arbitrator's decision is binding and may be entered as a judgment in any court.
Class Action Waiver
16.7 YOU AND KALMOA 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, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both you and Kalmoa agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, consolidated, or representative proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party's claim(s). Any relief awarded cannot affect other Customers.
16.8 Severability of Class Action Waiver. If this class action waiver is found to be unenforceable for any reason with respect to any particular claim or request for relief (including claims brought under state consumer protection statutes that do not permit class action waivers), then:
(a) That specific claim or request for relief shall be severed and shall proceed in court rather than arbitration;
(b) All other claims and requests for relief shall remain in arbitration and be governed by this arbitration agreement;
(c) The severance of any claim or request for relief to court shall not affect the validity or enforceability of the arbitration agreement as to all other claims;
(d) If the class action waiver is found to be completely unenforceable as to all claims and requests for relief such that no claims can be arbitrated on an individual basis, then the entirety of this arbitration agreement (clauses 16.5-16.18) shall be null and void, and any disputes shall be resolved in court as provided in clause 16.19.
Jury Trial Waiver
16.9 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND KALMOA WAIVE THE RIGHT TO A JURY TRIAL.
Opt-Out Right
16.10You have the right to opt out of this arbitration agreement. If you wish to opt out, you must notify Kalmoa in writing within thirty (30) days of first accepting these Customer Terms. Your opt-out notice must be sent to:
Kalmoa B.V. Attn: Legal Department - Arbitration Opt-Out, Prinses Marijkelaan 7,2224 VA Katwijk, The Netherlands.
Your opt-out notice must include: (a) your full name, (b) your mailing address, (c) your email address associated with your Kalmoa account, and (d) a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Customer Terms will continue to apply, but you and Kalmoa will not be bound by clauses 16.5-16.14 above, and any disputes will be resolved in court as provided in clause 16.19.
Batch Arbitration
16.11If 100 or more similar claims are filed within 90 days, they'll be resolved in batches of 100 with one arbitrator per batch to increase efficiency.
Changes to Arbitration Terms
16.12Kalmoa will provide notice of any material changes to this arbitration provision at least thirty (30) days before the effective date of the changes by posting the updated Customer Terms on the website and/or by sending notice to your email address on file. If you continue to use the Hardware, Platform, or Services after the changes become effective, you agree to the revised arbitration provision. Changes to this arbitration provision will not apply to any Dispute for which you or Kalmoa have received notice before the effective date of the changes.
Survival
16.13This arbitration agreement shall survive the termination of these Customer Terms and your relationship with Kalmoa.
Litigation of Disputes (If Arbitration Does Not Apply)
16.14If you opt out or if arbitration doesn't apply, disputes will be resolved in courts located in Delaware or, at your option, in courts where you reside. Both parties consent to jurisdiction and venue in these courts.
State-Specific Exceptions
16.15Some states don't permit certain arbitration or class action waiver provisions. If you reside in such a state, the unenforceable provisions don't apply to you, and disputes will be resolved under applicable state law.
17. Amendment of the Customer Terms
17.1 Kalmoa may periodically amend these Customer Terms. Customers will be notified of such amendments by email or through a prominent notice on the website or Platform at least thirty (30) days before the amendments take effect.
17.2 Amendments to these Customer Terms will only take effect after they have been published in an appropriate manner. For new orders, the amended Customer Terms will apply immediately upon publication. For existing agreements, amendments will take effect upon renewal or thirty (30) days after notice, whichever occurs first. In the event of material changes during the term of an existing agreement, if required by applicable law, you will have the right to terminate your agreement and receive a pro-rata refund for any unused portion of your subscription.
17.3 Your continued use of the Hardware, Platform, or Services after the effective date of any amendments constitutes your acceptance of the amended Customer Terms. If you do not agree to the amended Customer Terms, you must discontinue use of the Hardware, Platform, and Services and may cancel your subscription in accordance with clause 9.4.
18. Export Control and Sanctions Compliance
18.1 The Hardware, Platform, and Services are subject to U.S., EU, and international export laws. You agree to comply with all applicable export control laws and regulations.
18.2 You represent and warrant that you are not: (a) located in or a national of any country subject to U.S. embargo or sanctions (including Cuba, Iran, North Korea, Syria, or sanctioned regions of Ukraine), or (b) on any U.S. or EU restricted parties list.
18.3 Kalmoa reserves the right to suspend or terminate your access to the Hardware, Platform, or Services immediately and without notice if Kalmoa reasonably believes that you have violated or may violate any export control or sanctions laws or regulations.
19. California-Specific Provisions
19.1 California Consumer Rights. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
19.2 Automatic Renewal Law (California). Your subscription renews automatically unless cancelled (see clause 9.5 for details).
19.3 California Privacy Rights. California residents have specific privacy rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). For detailed information about these rights and how to exercise them, please see our Privacy Statement.
20. General Provisions
20.1 Entire Agreement. These Customer Terms, together with the Privacy Statement and any other documents expressly incorporated by reference, constitute the entire agreement between you and Kalmoa regarding the Hardware, Platform, and Services and supersede all prior or contemporaneous communications, agreements, understandings, representations, and warranties, whether electronic, oral, or written, between you and Kalmoa.
20.2 Waiver. No waiver of any provision of these Customer Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Kalmoa's failure to assert any right or provision under these Customer Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Kalmoa.
20.3 Assignment. You may not assign, transfer, or delegate these Customer Terms or any rights or obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Kalmoa's prior written consent. Any attempted assignment, transfer, or delegation without such consent shall be null and void. Kalmoa may assign, transfer, or delegate these Customer Terms and any rights or obligations hereunder without restriction, including to any affiliate, subsidiary, successor, or acquirer, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
20.4 Severability. If any provision of these Customer Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be severed from these Customer Terms, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. The invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely matches the intent of the original provision.
20.5 Force Majeure. Kalmoa shall not be liable for any delay or failure to perform any obligation under these Customer Terms resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or labor disputes, shortages of transportation facilities, fuel, energy, labor, or materials, failure of telecommunications or information services, or any other similar events beyond Kalmoa's reasonable control. Kalmoa's performance shall be excused during the period of such force majeure event, and Kalmoa shall have an extension of time for performance equal to the period of delay caused by such event.
20.6 Notices. Kalmoa may provide notices to you via email to the address associated with your account, by posting on the website, through the Platform, or by mail to the address you provided. Notices sent by email shall be deemed given and received on the date transmitted if transmitted during normal business hours, or on the next business day if transmitted after normal business hours. You may provide notice to Kalmoa by email to legal@kalmoa.com or by mail to:
Kalmoa B.V.
Attn: Legal Department
Prinses Marijkelaan 7
2224 VA Katwijk
The Netherlands
Notices to Kalmoa shall be deemed given when received by Kalmoa at the above address.
20.7 Relationship of Parties. Nothing in these Customer Terms shall be construed to create a partnership, joint venture, employment, franchise, or agency relationship between you and Kalmoa. Neither party has the authority to bind the other or to incur any obligation on its behalf.
20.8 No Third-Party Beneficiaries. These Customer Terms do not confer any third-party beneficiary rights. No person or entity not a party to these Customer Terms will be deemed a beneficiary or have any right to enforce any provision of these Customer Terms.
20.9 Survival. All provisions of these Customer Terms which by their nature should survive termination shall survive termination, including but not limited to clauses 5 (Return Policy), 10 (Limited Warranty and Disclaimers), 11 (Disclaimer and Important Limitations), 12 (IP and Use of Feedback), 13 (Privacy and Data Protection), 14 (Liability), 16 (Governing Law, Dispute Resolution, and Arbitration), 18 (Express Acknowledgment and Consent), 19 (Export Control), and 21 (General Provisions).
20.10English Language. These Customer Terms are drafted in the English language. If these Customer Terms are translated into any other language, the English language version shall control in the event of any conflict or inconsistency.
20.11Electronic Signatures and Communications. You consent to receive communications from Kalmoa electronically, including via email or by posting notices on the website or Platform. You agree that all agreements, notices, disclosures, and other communications that Kalmoa provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that any electronic signature, contract, or record submitted through the website or Platform shall have the same legal effect, validity, and enforceability as a manually executed signature or written record.
Kalmoa B.V.
Registered address: Prinses Marijkelaan 7, 2224 VA Katwijk, the Netherlands
Office: 3e Binnenvestgracht 23, unit 4, 2312 NR Leiden, The Netherlands
Chamber of Commerce: 96089393
VAT: NL867464707B01
Contact: info@kalmoa.com | legal@kalmoa.com
Website: www.kalmoa.com
Support: support@kalmoa.com
Last updated: March 10, 2026
IMPORTANT NOTICE TO CUSTOMERS
Before completing your purchase, please review:
✓ Our limited return policy (Hardware returns only for defects; opened/used items not returnable)
✓ All sales of Services are final
✓ 1-year limited warranty on Hardware
✓ Important health and medical disclaimers (not a medical device)
✓ Arbitration agreement and class action waiver (with 30-day opt-out right)
By clicking "I Accept" or "Complete Purchase," you acknowledge that you have read, understood, and agree to be bound by these Customer Terms.