CalmJaw App - Terms of Service

CALMJAW TERMS OF SERVICEEffective Date: March 31, 2026These Terms of Service (“Terms”) form a legal agreement between you and 1560684 B.C. Ltd. (“CalmJaw,” “Company,” “we,” “us,” or “our”) governing your access to and use of the CalmJaw mobile application, website located at https://getcalmjaw.com/, and any related content, features, subscriptions, tools, audio sessions, exercises, tracking features, reminders, and services (collectively, the “Services”).Company Information:
1560684 B.C. Ltd.
1097 View St, Victoria, BC, V8V 0G9
Email: [email protected]
BY ACCESSING OR USING THE SERVICES, OR BY CLICKING TO ACCEPT THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.1. ELIGIBILITYYou must have legal capacity to agree to these Terms. If you are under the age of majority in your place of residence, your parent or legal guardian must review and accept these Terms on your behalf and supervise your use of the Services. By using the Services, you represent and warrant that you meet these requirements.2. IMPORTANT MEDICAL DISCLAIMERCalmJaw is a general wellness, relaxation, educational, and self-management tool. CalmJaw is not a medical device, not a healthcare provider, and does not provide medical advice, diagnosis, treatment, physiotherapy, dental care, orthodontic care, emergency care, or any other professional healthcare service.The Services, including any guided meditations, breathing exercises, jaw exercises, stretches, posture guidance, pain-management suggestions, symptom tracking, educational materials, reminders, and recommendations, are provided for informational and general wellness purposes only.CalmJaw does not guarantee any medical outcome, pain relief, symptom reduction, prevention of injury, diagnosis, treatment result, or fitness for any particular medical purpose.You understand and agree that:
(a) the Services are not a substitute for evaluation, diagnosis, or treatment by a licensed physician, dentist, TMJ specialist, physical therapist, or other qualified healthcare professional;
(b) you should consult an appropriate healthcare professional before beginning or continuing any exercise, stretch, movement, relaxation, or self-management program, especially if you have TMJD, jaw pain, facial pain, neck pain, headaches, a history of jaw injury, dislocation, recent surgery, neurological symptoms, or any other medical condition;
(c) you must stop using the Services immediately and seek appropriate medical attention if you experience pain, worsening symptoms, jaw locking, jaw dislocation, swelling, numbness, dizziness, headaches, ringing in the ears, clicking that worsens, or any other concerning symptom; and
(d) the Services are not for emergency use. If you believe you are experiencing a medical emergency, call emergency services immediately and do not rely on the Services.
No doctor-patient, dentist-patient, therapist-patient, fiduciary, or similar professional relationship is created by your use of the Services.3. ASSUMPTION OF RISKYou acknowledge that use of the Services may involve physical activity and movement, including but not limited to jaw exercises, stretches, posture adjustments, breathing practices, and relaxation techniques, and that all physical activity carries inherent risks.To the fullest extent permitted by applicable law, you voluntarily assume all risks arising from or related to your use of the Services, including the risk of injury, aggravation of existing symptoms, pain, discomfort, strain, dizziness, jaw locking, jaw dislocation, emotional distress, or other harm, whether known or unknown, foreseeable or unforeseeable.You are solely responsible for deciding whether the Services are appropriate for you and for using the Services safely and cautiously.4. RELEASE AND WAIVERTo the fullest extent permitted by applicable law, you release and discharge 1560684 B.C. Ltd. and its directors, officers, shareholders, employees, contractors, licensors, affiliates, service providers, successors, and assigns from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses arising out of or relating to:
(a) your use of or inability to use the Services;
(b) any exercise, stretch, meditation, posture guidance, or recommendation accessed through the Services;
(c) any injury, symptom aggravation, pain, medical complication, or other harm allegedly resulting from the Services;
(d) any decision you make based on content in the Services; and
(e) any interruption, error, bug, outage, or inaccuracy in the Services.
Nothing in these Terms excludes or limits any right or remedy that cannot legally be excluded or limited under applicable law.5. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CALMJAW AND 1560684 B.C. LTD. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CALMJAW, 1560684 B.C. LTD., AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AFFILIATES, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE LESSER OF:
(a) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
(b) CAD $100.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE.6. NO GUARANTEE OF RESULTSCalmJaw does not warrant or guarantee that the Services will meet your expectations or needs, that any symptom will improve, that pain will be relieved, that TMJD will be managed successfully, or that the Services will be uninterrupted, error-free, secure, or free of harmful components.7. USER RESPONSIBILITIESYou agree that you are solely responsible for:
(a) your physical and mental condition;
(b) determining whether the Services are appropriate for you;
(c) consulting healthcare professionals as needed;
(d) using proper caution and stopping immediately if discomfort or symptoms worsen;
(e) maintaining the confidentiality of your account credentials; and
(f) all activities that occur under your account.
You agree not to use the Services in a reckless, unsafe, unlawful, or abusive manner.8. ACCOUNTSYou may be required to create an account to access some or all features of the Services. You agree to provide accurate, current, and complete information and to keep that information updated.You are responsible for safeguarding your login credentials and for all use of your account. You must notify us promptly at [email protected] of any unauthorized access to or use of your account.We reserve the right to suspend or terminate accounts that violate these Terms, create risk for us or others, or are otherwise unlawful, abusive, or fraudulent.9. SUBSCRIPTIONS, BILLING, AND AUTO-RENEWALCertain features of the Services may require a paid subscription. If you purchase a subscription through Apple’s App Store, your purchase will be billed by Apple through your Apple ID account and will auto-renew unless canceled before the renewal date in accordance with Apple’s terms and billing rules.By purchasing a subscription, you authorize the applicable platform provider to charge the recurring subscription fee, taxes, and any other disclosed charges.Unless otherwise stated at the time of purchase:
(a) subscriptions renew automatically for the same subscription period;
(b) charges are billed in advance;
(c) you may manage or cancel your subscription through your Apple account settings; and
(d) except where required by applicable law, fees are non-refundable.
We may change subscription pricing or features in the future as permitted by applicable law and the rules of the applicable platform provider.10. PRIVACYYour use of the Services is also governed by our Privacy Policy. By using the Services, you acknowledge that we may collect, use, store, and disclose your information, including symptom-related information you choose to provide, in accordance with our Privacy Policy and applicable law.We do not sell your personal information.11. USER CONTENT AND HEALTH INFORMATION YOU PROVIDEYou may choose to submit information such as symptom details, pain levels, habits, notes, progress information, or other content (“User Content”). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, and use your User Content solely to operate, improve, support, secure, and provide the Services and as otherwise described in our Privacy Policy.You are solely responsible for your User Content and represent that you have all rights necessary to provide it.12. INTELLECTUAL PROPERTYThe Services, including all content, audio, text, graphics, branding, designs, software, features, and materials, are owned by or licensed to 1560684 B.C. Ltd. and are protected by intellectual property laws.Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only.You may not copy, reproduce, modify, distribute, sell, sublicense, reverse engineer, decompile, or exploit any part of the Services except as expressly permitted by law or by us in writing.13. PROHIBITED USESYou agree not to:
(a) use the Services for any unlawful, fraudulent, or harmful purpose;
(b) use the Services in a way that could harm yourself or others;
(c) misuse symptom tracking or recommendation features;
(d) interfere with the operation or security of the Services;
(e) scrape, data-mine, copy, or extract content from the Services without authorization;
(f) impersonate another person or provide false information; or
(g) use the Services in violation of these Terms or applicable law.
14. THIRD-PARTY SERVICESThe Services may rely on or link to third-party services, products, payment processors, hosting providers, analytics providers, or platform providers, including Apple. We are not responsible for third-party services and make no representations or warranties regarding them.Your use of third-party services may be subject to separate terms between you and those third parties.15. AVAILABILITY AND MODIFICATIONSWe may modify, suspend, discontinue, or update any part of the Services at any time, with or without notice, to the fullest extent permitted by applicable law. We are not liable for any modification, suspension, interruption, or discontinuation of the Services.We may also update these Terms from time to time. The updated version will become effective when posted or otherwise communicated to you. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.16. TERMINATIONYou may stop using the Services at any time. We may suspend or terminate your access to the Services at any time if we believe you have violated these Terms, created risk or potential legal exposure, or used the Services in an unsafe, abusive, fraudulent, or unlawful manner.Sections that by their nature should survive termination will survive, including without limitation the sections relating to medical disclaimer, assumption of risk, release, limitation of liability, indemnity, intellectual property, governing law, and dispute provisions.17. INDEMNITYTo the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 1560684 B.C. Ltd. and its directors, officers, employees, contractors, licensors, affiliates, service providers, successors, and assigns from and against any and all claims, demands, actions, proceedings, damages, judgments, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to:
(a) your use or misuse of the Services;
(b) your breach of these Terms;
(c) your violation of applicable law; or
(d) your User Content.
18. GOVERNING LAW AND JURISDICTIONThese Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.Subject to any rights you may have under applicable consumer protection law that cannot be waived, you agree that the courts located in British Columbia, including courts serving Victoria, British Columbia, will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.19. SEVERABILITYIf any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.20. ENTIRE AGREEMENTThese Terms, together with any applicable subscription terms and our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede prior or contemporaneous communications relating to the Services.21. CONTACTQuestions, notices, and support requests may be sent to:1560684 B.C. Ltd.
1097 View St, Victoria, BC, V8V 0G9
[email protected]
https://getcalmjaw.com/