Terms and conditions

Consumer terms and condtions

Applicable to consumers within the United States (B2C)

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: Before using the Hardware and Services, Customers and Users must carefully read and understand clause 11 (Disclaimer and Important Limitations) and clause 14 (Liability). Use of the Hardware and Services constitutes acknowledgment and acceptance of these important limitations.

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 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, including without limitation the important disclaimers set out in clause 11 and the liability limitations set out in clause 14, and the arbitration agreement and class action waiver set out in clause 16. If you do not agree to these Customer Terms, you must not order, access, or use the Hardware or Services. Customers must be 18 or over.

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 accepts the offer to purchase Hardware or Services by clicking "I Accept" or similar button, or by taking delivery of Hardware or accessing the Services, and such offer is accepted by Kalmoa. By accepting the offer, the Customer confirms having read and agreed to these Customer Terms, including clauses 11, 14, and 16. 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 Return Policy for Defective Hardware Only. Kalmoa does not accept returns of Hardware for refund except as provided in this clause 5 or as required by applicable law. If Hardware is defective upon arrival or fails to conform to the warranty in clause 10, the Customer may return it in accordance with the warranty provisions in clause 10.

5.2 Discretionary Returns. In Kalmoa's sole discretion, 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 the limited warranty provisions in 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 LIMITATION ON IMPLIED WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE ONE (1) YEAR WARRANTY PERIOD. Under Dutch law, certain warranty provisions may apply in addition to this limited warranty. However, for sales to U.S. customers, U.S. warranty law (including the Magnuson-Moss Warranty Act) shall govern to the extent it provides greater protection than Dutch law. Some U.S. states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

10.7 LIMITATION ON DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALMOA'S ENTIRE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE LIMITED TO THE REMEDIES SPECIFIED IN CLAUSE 10.2 ABOVE. IN NO EVENT SHALL KALMOA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION) ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF KALMOA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion 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. The Customer and User expressly acknowledge and agree that Kalmoa provides insights for self-reflection, personal awareness, and general wellbeing purposes only. The Hardware, Platform and Services are NOT medical devices, and Kalmoa does NOT provide medical, psychological, psychiatric, therapeutic, diagnostic, or treatment services of any kind. The Hardware, Platform and Services:

· are not intended to diagnose, treat, cure, or prevent any disease or medical condition;

· are not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment;

· should not be used to make medical or health-related decisions;

· should not be relied upon in emergency situations or for urgent health matters.

11.2 For Informational and Wellness Purposes Only. All Results provided through the Hardware, Platform and Services are for informational and general wellness purposes only. Results should be viewed as one source of information among many and should never be the sole basis for any decision related to health, mental health, or wellbeing.

11.3 No Professional Relationship. Use of the Hardware, Platform and Services does not create any therapist-client, doctor-patient, psychologist-patient, or any other professional healthcare relationship between Kalmoa (or its employees, contractors, or affiliates) and the Customer or User.

11.4 Seek Professional Advice. The Customer and each User are strongly advised to:

· consult with qualified healthcare professionals before making any decisions based on Results;

· seek immediate professional medical or psychiatric help if experiencing any mental health crisis, suicidal thoughts, or medical emergency;

· not disregard, avoid, or delay obtaining medical or mental health advice from qualified professionals because of any Results obtained through the Services.

11.5 Full Responsibility of Customer and User. The Customer and each User remain fully and solely responsible for:

· all decisions made based on any Results from using the Hardware, Platform and Services;

· their own health, mental health, and wellbeing;

· seeking appropriate professional advice when needed;

· understanding the limitations of the Hardware, Platform and Services.

11.6 No Guarantees or Warranties Regarding Results. Kalmoa makes no representations, warranties, or guarantees regarding:

· the accuracy, reliability, completeness, or timeliness of any Results;

· the suitability of any Results for any particular purpose;

· any improvement in wellbeing, mental health, or any other outcome from using the Hardware, Platform or Services;

· the performance or efficacy of any recommendations or insights provided.

11.7 Limitation of Use. The Hardware, Platform and Services should NOT be used by individuals:

· under 18 years of age;

· with diagnosed mental health conditions, unless expressly approved by their treating healthcare provider;

· in crisis situations or experiencing acute mental health symptoms;

· as a substitute for prescribed treatment or medication.

11.8 Assumption of Risk. By using the Hardware, Platform and Services, the Customer and each User expressly acknowledge that they understand and voluntarily assume all risks associated with such use, including the risk that Results may be inaccurate, incomplete, misunderstood, or misapplied.

11.9 FDA and Medical Device Disclaimer. The Hardware, Platform and Services have not been evaluated or approved by the U.S. Food and Drug Administration (FDA). The Hardware is not a medical device as defined under the Federal Food, Drug, and Cosmetic Act. The Platform and Services are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or any other medical condition.

11.10Not a Healthcare Provider. Kalmoa is not a licensed healthcare provider, mental health provider, or covered entity under the Health Insurance Portability and Accountability Act (HIPAA). The Hardware, Platform and Services are not covered by HIPAA, and information provided through the Services is not protected health information under HIPAA.

11.11State Licensing Disclaimer. Kalmoa does not provide any services that require licensing under state laws governing the practice of medicine, psychology, counseling, or other healthcare professions. No aspect of the Hardware, Platform or Services should be construed as the practice of medicine or the provision of healthcare services.

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. 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 Exclusions and Limitations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALMOA SHALL NOT BE LIABLE FOR:

· ANY DECISIONS MADE OR ACTIONS TAKEN (OR NOT TAKEN) BY THE CUSTOMER OR USER BASED ON RESULTS FROM THE HARDWARE, PLATFORM OR SERVICES;

· ANY DETERIORATION IN MENTAL HEALTH, WELLBEING, OR PHYSICAL HEALTH;

· ANY MISINTERPRETATION OR MISUNDERSTANDING OF RESULTS BY THE CUSTOMER OR USER;

· ANY FAILURE BY THE CUSTOMER OR USER TO SEEK APPROPRIATE PROFESSIONAL ADVICE;

· ANY RELIANCE PLACED ON RESULTS AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC ADVICE;

· INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, EMOTIONAL DISTRESS, PERSONAL INJURY, OR PROPERTY DAMAGE, 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;

· DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM OR CUSTOMER'S ACCOUNT;

· DAMAGES CAUSED BY THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS;

· DAMAGES THAT WERE NOT REASONABLY FORESEEABLE AT THE TIME THE AGREEMENT WAS ENTERED INTO;

· DAMAGES NOT ATTRIBUTABLE TO KALMOA'S BREACH OF ITS OBLIGATIONS UNDER THESE CUSTOMER TERMS.

14.3 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY 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), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE CUSTOMER TO KALMOA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100).

14.4 Preservation of Mandatory Rights. Nothing in these Customer Terms shall exclude or limit:

1. Kalmoa's liability for death or personal injury caused by Kalmoa's negligence or willful misconduct;

· Kalmoa's liability for fraud or fraudulent misrepresentation;

· Kalmoa's liability for gross negligence or intentional misconduct;

· Any other liability that cannot be excluded or limited under applicable law;

· 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. Any claim against Kalmoa must be brought within one (1) year from the date on which the Customer became aware, or reasonably should have become aware, of the facts giving rise to the claim, to the extent permitted by applicable law.

14.6 Basis of the Bargain. The Customer acknowledges that the limitations and exclusions of liability set forth in this clause 14 are fundamental elements of the basis of the bargain between Kalmoa and the Customer, and that Kalmoa would not be able to provide the Hardware, Platform and Services on an economically reasonable basis 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 how long an implied warranty lasts, so the above limitations may not apply to you. This limitation of liability gives you specific legal rights, and you may also have other rights which 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 Customer Terms and any dispute arising out of or related to these Customer Terms, the Hardware, Platform, or Services shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of laws principles, except that:

(a) To the extent that any provision of these Customer Terms or any dispute relates to matters governed by mandatory U.S. federal or state consumer protection laws, warranty laws (including the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq.), privacy laws (including the California Consumer Privacy Act and similar state laws), automatic renewal laws, deceptive trade practices laws, or other laws that cannot be waived or contracted around under applicable law, such mandatory U.S. laws shall apply and prevail over Dutch law to the extent of any conflict;

(b) The arbitration provisions in clauses 16.4 through 16.18 of this clause 16 shall be governed by and interpreted in accordance with the U.S. Federal Arbitration Act (9 U.S.C. §§ 1 et seq.), and any disputes regarding the validity, enforceability, or scope of the arbitration agreement shall be determined by the arbitrator in accordance with the Federal Arbitration Act, except that any dispute regarding the enforceability of the class action waiver in clause 16.12 may be determined by a court;

(c) Matters relating to intellectual property rights shall be governed by the laws of the jurisdiction where such rights are registered or where infringement or misappropriation occurs;

(d) The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Customer Terms or any sale of Hardware or Services.

16.2 Consumer Protection Savings Clause. Notwithstanding the choice of Dutch law, nothing in these Customer Terms is intended to deprive you of the protection afforded by mandatory consumer protection provisions under the laws of the state in which you reside that cannot be waived or contracted around by agreement. If any provision of these Customer Terms conflicts with such mandatory provisions of U.S. federal or state law, the mandatory provisions shall prevail to the extent of the conflict.

16.3 Interpretation of Governing Law. For purposes of interpreting these Customer Terms, Dutch law principles shall apply except where U.S. mandatory law provides greater protection to the Customer, in which case U.S. law shall apply. In the event of any ambiguity or uncertainty regarding which law applies, the law most favorable to the Customer shall be applied.

Informal Dispute Resolution

16.4 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

16.5 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT ALSO LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KALMOA.

16.6 Agreement to Arbitrate. You and Kalmoa agree that any dispute, claim, or controversy arising out of or relating to these Customer Terms, the Hardware, Platform, or Services, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (collectively, "Disputes"), shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect (the "AAA Rules"), except as modified by this clause 16. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

16.7 Applicable Law in Arbitration. The arbitrator shall apply Dutch substantive law as the governing law for interpreting and enforcing these Customer Terms, except that:

(a) The arbitrator shall apply mandatory U.S. federal and state consumer protection laws, warranty laws, and other laws that cannot be waived by agreement, to the extent such laws provide greater protection to the Customer than Dutch law;

(b) Where there is a conflict between Dutch law and mandatory U.S. law, the arbitrator shall apply the law most favorable to the Customer;

(c) The procedural rules governing the arbitration shall be the AAA Consumer Arbitration Rules and applicable provisions of the Federal Arbitration Act;

(d) The arbitrator shall have the authority to determine which law applies to any particular issue and shall provide a reasoned explanation for such determination in the arbitration award.

16.8 Arbitration Procedures. The arbitration will be conducted by a single arbitrator. The arbitration shall take place in the county where you reside, or another mutually agreed location, or by video conference or telephone if the parties so agree. The arbitrator's decision shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award any relief that would be available in court under applicable law, whether equitable or legal in nature.

16.9 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that Kalmoa will pay all such fees if your claim is for less than ten thousand dollars (USD $10,000) and is non-frivolous (as determined by the arbitrator in accordance with applicable law). If you prevail in arbitration, Kalmoa will pay your reasonable attorneys' fees and costs to the extent required by applicable law. Each party shall bear its own attorneys' fees and costs in arbitration unless the arbitrator awards such fees and costs as part of the relief, or as required by applicable law.

16.10Exception – Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies for small claims court in the jurisdiction where the claim is filed and remains in small claims court. If the case is removed from or appealed out of small claims court, it shall be subject to arbitration under this clause 16.

16.11Exception – Injunctive Relief. Either party may seek preliminary injunctive relief or other provisional relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, trade secrets, or confidential information. Any such action shall not constitute a waiver of the arbitration agreement.

Class Action Waiver

16.12YOU 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.

16.13Severability 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

16.14TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KALMOA WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE CUSTOMER TERMS, THE HARDWARE, PLATFORM, OR SERVICES, WHETHER IN ARBITRATION OR IN COURT.

Opt-Out Right

16.15You 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

16.16To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands are filed against Kalmoa by or with the assistance or coordination of the same law firm or organization within a ninety (90) day period, the AAA shall (i) administer the arbitration demands in batches of 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").

Changes to Arbitration Terms

16.17Kalmoa 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

16.18This arbitration agreement shall survive the termination of these Customer Terms and your relationship with Kalmoa.

Litigation of Disputes (If Arbitration Does Not Apply)

16.19If you opt out of arbitration pursuant to clause 16.15, or if the arbitration agreement is found to be wholly unenforceable, or for any claims that are excluded from arbitration pursuant to clauses 16.10 or 16.11, the following provisions shall apply:

(a) Any judicial proceeding to resolve disputes relating to these Customer Terms or the Hardware, Platform, or Services must be brought in the courts located in Amsterdam, the Netherlands, or at your election, in the state or federal courts located in the county where you reside, and both parties consent to the jurisdiction and venue of such courts;

(b) Notwithstanding the foregoing, if you are a resident of a U.S. state that prohibits requiring consumers to litigate outside that state, you may bring an action in a court of competent jurisdiction in your state of residence;

(c) To the maximum extent permitted by applicable law, you and Kalmoa waive any right to a jury trial for any dispute resolved in court.

State-Specific Exceptions

16.20California Residents. Notwithstanding any provision in these Customer Terms, if you are a California resident, you may have rights to pursue claims in California state court under California consumer protection laws that cannot be waived. Nothing in this arbitration agreement is intended to prevent you from exercising rights that cannot be waived under California law. Additionally, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs as described in clause 20.1.

16.21Residents of Other States. If you reside in a state where this arbitration agreement or any portion thereof (including the class action waiver) is found to be unenforceable under state law, the unenforceable provisions shall not apply to you, and disputes shall be resolved in accordance with applicable state law and clause 16.19.

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. Express Acknowledgment and Consent

By accepting these Customer Terms and using the Hardware, Platform or Services, the Customer expressly acknowledges, agrees, and confirms that:

18.1 The Customer has read and understood clause 11 (Disclaimer and Important Limitations) in its entirety;

18.2 The Customer understands that the Hardware, Platform and Services are not medical devices or services and do not provide medical, psychological, or therapeutic advice;

18.3 The Customer understands that all Results are for informational and general wellness purposes only;

18.4 The Customer will not rely on Results as a substitute for professional medical, psychological, or psychiatric advice;

18.5 The Customer accepts full responsibility for all decisions made based on Results;

18.6 The Customer understands and accepts the limitations of liability set out in clause 14;

18.7 The Customer will ensure that each User understands and complies with these Customer Terms, particularly clauses 11 and 14;

18.8 If the Customer is allowing a User other than themselves to use the Hardware and Services, the Customer confirms that such User is at least 18 years of age and that the Customer has made such User aware of these Customer Terms;

18.9 The Customer has read and understood clause 16 (Dispute Resolution and Arbitration), including the choice of Dutch law as governing law subject to mandatory U.S. law protections, and agrees to resolve disputes through binding arbitration on an individual basis rather than in court, except as provided in clause 16;

18.10The Customer understands that by agreeing to arbitration, both the Customer and Kalmoa are waiving the right to a trial by jury;

18.11The Customer understands that by agreeing to the class action waiver in clause 16.12, the Customer is waiving the right to participate in class action lawsuits, collective actions, or representative proceedings against Kalmoa, and may only bring claims against Kalmoa on an individual basis;

18.12The Customer understands that while Dutch law governs these Customer Terms, all mandatory U.S. federal and state consumer protection laws continue to apply and will prevail to the extent they provide greater protection than Dutch law.

19. Export Control and Sanctions Compliance

19.1 The Hardware, Platform, and Services may be subject to export control laws and regulations of the United States, the Netherlands, the European Union, and other countries. You agree to comply with all applicable U.S., Dutch, EU, and international export control laws and regulations, including but not limited to the U.S. Export Administration Regulations maintained by the U.S. Department of Commerce, the trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control, and EU export control and sanctions regulations.

19.2 You represent and warrant that you are not (a) located in, organized under the laws of, or a resident or national of, any country subject to U.S. government embargo, EU sanctions, or that has been designated by the U.S. government as a "terrorist supporting" country (including, as of the date of these Customer Terms, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), or (b) identified on any U.S. government list of prohibited or restricted parties, including the Treasury Department's List of Specially Designated Nationals and Blocked Persons or the Commerce Department's Denied Persons List, Unverified List, or Entity List, or on any EU sanctions list.

19.3 You will not use, export, re-export, import, sell, or transfer the Hardware, Platform, or Services except in compliance with all applicable laws and regulations. You will not use the Hardware, Platform, or Services for any purposes prohibited by U.S., Dutch, or EU law, including but not limited to the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.

19.4 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.

20. California-Specific Provisions

20.1 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.

20.2 Automatic Renewal Law (California). Pursuant to California's automatic renewal law (Cal. Bus. & Prof. Code § 17602 et seq.), by entering into a subscription for Services, you acknowledge that your subscription will automatically renew unless you cancel, and you expressly consent to Kalmoa's practice of automatically charging your payment method for the applicable subscription fee. You may cancel your subscription at any time as described in clause 9.4. Kalmoa will provide you with an acknowledgment that includes the automatic renewal terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by you.

20.3 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.

21. General Provisions

21.1 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.

21.2 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.

21.3 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.

21.4 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.

21.5 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.

21.6 U.S. Government Rights. If you are a U.S. government entity or a U.S. government contractor, the Hardware, Platform, and Services are "commercial items" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. government end users acquire the Hardware, Platform, and Services with only those rights set forth in these Customer Terms.

21.7 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.

21.8 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.

21.9 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.

21.10Survival. 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).

21.11English 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.

21.12Headings. The section and clause headings in these Customer Terms are for convenience only and shall not affect the interpretation of these Customer Terms.

21.13Electronic 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.

21.14Interpretation. In the event of any ambiguity in the interpretation of these Customer Terms, no presumption shall operate in favor of or against either party by virtue of authorship of any provision.

WHY DUTCH LAW?

Kalmoa is a Netherlands-based company, and we apply Dutch law to our customer agreements worldwide for consistency and operational efficiency. However, your rights as a U.S. consumer are fully protected—all mandatory U.S. federal and state consumer protection laws, warranty laws, and privacy laws continue to apply and will prevail if they provide you greater protection than Dutch law. This hybrid approach ensures you receive the maximum protection available under both Dutch and U.S. law.

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 4, 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)

✓ Dutch law governs these Terms, but all U.S. consumer protections apply

✓ 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.

Applicable to consumers within the EU (B2C)

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.

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.

· 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, including without limitation the important disclaimers set out in clause 11 and the liability limitations set out in clause 14. 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

4.2 An agreement is concluded at the moment the Customer accepts the offer to purchase Hardware or Services by clicking "I Accept" or similar button, or by taking delivery of Hardware or accessing the Services, and such 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).

5.7 The same applies when a User uses the Platform and the Services pursuant to a voucher.

6. Delivery of Hardware

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.

7. Use of the Platform and Services

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.

7.5 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 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.

7.6 Kalmoa may, in its sole discretion, temporarily or definitely suspend access in case of misuse.

8. 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.

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.