Terms & Conditions

Terms and Conditions for Kalmi Pty Ltd

Effective Date: 30 December 2024
Last Updated: 30 December 2024

Welcome to Kalmi Pty Ltd ("Kalmi AI"). These Terms and Conditions ("Terms") govern your use of our AI-guided journaling, coaching, and chat application ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using our Services.

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1. Definitions

• "Services" refers to the Kalmi Pty Ltd application and its functionalities.

• "User" refers to any individual or business accessing the application.

• "Content" refers to all text, graphics, images, software, data, and other material available through the Services.

• "Subscription" refers to the paid plans available for using the Services.

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2. User Eligibility

• You must be at least 18 years of age or have obtained parental consent to use our Services.

• Users must have the legal capacity to enter into a binding contract under applicable laws.

• Users accessing the Services on behalf of an organisation or entity warrant that they have the authority to bind such entity to these Terms.

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3. Description of Services

Kalmi Pty Ltd provides an artificial intelligence-powered journaling and coaching tool aimed at:

• Supporting self-care and mindfulness practices.

• Preventing mental health decline through guided journaling and self-reflection.

Important: Kalmi AI is not a medical device and does not provide medical advice, diagnosis, or treatment.

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4. User Responsibilities

By using Kalmi AI, you agree to:

• Use the Services for lawful and ethical purposes only.

• Provide accurate, current, and complete registration information.

• Maintain the confidentiality of your account credentials.

• Immediately notify Kalmi Pty Ltd of any unauthorised account access.

• Comply with all applicable laws and regulations when using the Services.

 

Prohibited Conduct:

You must not:

• Misuse, abuse, or exploit the Services.

• Reverse-engineer, decompile, or disassemble any part of the Services.

• Use the Services to distribute spam, malware, or harmful content.

• Attempt to gain unauthorised access to other users' data.

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5. Payment, Subscription, and Refund Policy

• Certain features of the Services may require payment through a subscription plan.

• Subscription Terms: Payment is billed in advance on a monthly or annual basis.

• Refund Policy: Refunds will only be provided in accordance with our Refund Policy (linked separately).

• Kalmi Pty Ltd reserves the right to modify pricing or subscription plans with reasonable notice.

Taxes: All fees are exclusive of any applicable taxes unless stated otherwise.

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6. Account Suspension and Termination

Kalmi Pty Ltd reserves the right to:

• Suspend or terminate accounts that breach these Terms.

• Terminate accounts with unpaid subscription fees.

• Remove or restrict access to content deemed inappropriate or harmful.

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User Termination:

You may terminate your account at any time. Upon termination, your access to the Services will cease, and you may lose any stored data.

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7. Modifications to Services

Kalmi Pty Ltd reserves the right to:

• Modify, update, or discontinue any part of the Services without prior notice.

• Perform scheduled or unscheduled maintenance, which may temporarily limit access to the Services.

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8. Intellectual Property Rights

• All intellectual property rights, including trademarks, logos, and proprietary technology, remain the property of Kalmi Pty Ltd.

• Users are granted a limited, non-exclusive, non-transferable licence to use the Services in accordance with these Terms.

• Users must not replicate, modify, or commercially exploit any part of the Services without prior written consent.

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9. Privacy and Data Security

Your privacy is important to us. Please refer to our Privacy Policy (linked separately) to understand how we collect, store, and process your data.

 

Data Breaches: While we take all reasonable measures to safeguard your data, Kalmi Pty Ltd shall not be held liable for unauthorised access or data breaches caused by factors beyond our control.

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10. Third-Party Integrations and Links

• The Services may include links or integrations with third-party platforms.

• Kalmi Pty Ltd is not responsible for the content, practices, or policies of third-party services.

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11. Limitation of Liability

To the maximum extent permitted by law:

• Kalmi Pty Ltd shall not be liable for indirect, incidental, or consequential damages arising from your use of the Services.

• The Services are provided on an "as-is" and "as-available" basis, without warranties of any kind.

• Kalmi Pty Ltd does not guarantee uninterrupted access to the Services.

 

Important: The Services are not a replacement for professional mental health services. Users experiencing severe mental health concerns should contact a licensed professional or emergency services.

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12. Indemnification

You agree to indemnify, defend, and hold harmless Kalmi Pty Ltd, its affiliates, officers, directors, and employees from any claims, liabilities, damages, or expenses (including legal fees) arising out of:

• Your use or misuse of the Services.

• Violation of these Terms or applicable laws.

• Unauthorised use of your account credentials.

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13. Force Majeure

Kalmi Pty Ltd will not be liable for failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, war, pandemics, governmental actions, or technical disruptions.

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14. Governing Law and Dispute Resolution

• These Terms are governed by the laws of Australia.

• Any disputes shall be submitted to the exclusive jurisdiction of the courts of [Insert State/Territory] in Australia.

 

Alternative Dispute Resolution (ADR): Parties agree to attempt to resolve disputes through good faith mediation before proceeding to litigation.

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15. Updates to These Terms

• Kalmi Pty Ltd may update these Terms from time to time.

• Users will be notified of significant changes via email or in-app notifications.

• Continued use of the Services after updates constitutes acceptance of the revised Terms.

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16. Advertising Policy

• Inobtrusive Google Advertising Banners may be displayed in the Kalmi Lite app.

• Advertisements will be tailored to user preferences where possible.

• Kalmi Pty Ltd does not endorse products or services displayed in third-party ads.

• Users may opt for an ad-free subscription plan to eliminate advertisements.

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17. Contact Information

If you have any questions about these Terms, please contact us at:
Email: support@kalmi.com.au
 

By using Kalmi AI products, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.