Terms of Service

By accessing or using CalmLayer ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users of the Service, including real estate agents who use CalmLayer for lead attention and assisted follow-up.

By creating an account, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

CalmLayer provides lead attention and follow-up tools for real estate professionals. The Service helps identify leads that may need attention and prepares draft messages for review. Our Service includes:

• Follow-up drafts for agent review and approval
• Lead activity tracking and follow-up timing
• Lead attention and handoff recommendations
• Voice learning to match your writing style
• Email forwarding for lead capture
• Conversation history and lead timeline tracking

Drafts and Suggestions: Drafts and suggestions produced by the Service may contain errors or inaccuracies. You are solely responsible for reviewing, editing, and approving all content before sending it to your leads.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. For material changes affecting core functionality, we will provide at least 30 days' notice.

To use the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Not share your account credentials with others
• Not create multiple accounts for the same individual or business

Account Suspension: We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or remain inactive for extended periods (over 6 months).

Email Verification: You must verify your email address to activate certain features. Unverified accounts may have limited functionality.

You agree to use the Service in compliance with all applicable laws and regulations. You agree not to:

• Send spam, unsolicited messages, or engage in deceptive marketing practices
• Violate CAN-SPAM, CASL, or other anti-spam regulations
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service, servers, or networks
• Scrape, harvest, or collect user data without permission
• Impersonate any person or entity or misrepresent your affiliation
• Use the Service for any illegal or fraudulent purposes
• Reverse engineer, decompile, or attempt to extract the source code
• Resell or redistribute the Service without authorization

Lead Contact Consent: By using the Service, you represent that you have lawful authority to share lead data with CalmLayer for processing. You are responsible for ensuring you have proper consent to contact leads via email and for compliance with all applicable marketing, privacy, and fair housing laws in your jurisdiction. CalmLayer processes lead data solely on your behalf and at your direction.

Enforcement: Violation of this Acceptable Use Policy may result in immediate account suspension or termination without refund.

Plans: CalmLayer access may be offered through a subscription or a bounded paid pilot. Any applicable price, term, scope, and billing cycle will be presented before you pay.

First look: Asking us to look at missed replies does not create a subscription. Any paid 30-day test begins only after separate agreement.

Billing Cycle: Subscriptions automatically renew at the end of each monthly billing period unless canceled before the renewal date. You will be charged on the renewal date for the next billing period.

Payment Methods: We accept major credit cards and other payment methods as displayed during checkout. You authorize us to charge your payment method for all fees, including subscription charges and applicable taxes.

Price Changes: We may change subscription prices with at least 30 days' notice. Price changes will apply to your next billing cycle after the notice period. You can cancel before the price change takes effect to avoid the increase.

Failed Payments: If payment fails, we will attempt to process it again. After multiple failed attempts, your account may be suspended. You remain responsible for all charges during the suspension period.

Taxes: All prices are exclusive of applicable taxes unless stated otherwise. You are responsible for paying all taxes associated with your use of the Service.

How to Cancel: You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.

No Partial Refunds: We do not provide refunds or credits for partial months or years. If you cancel mid-cycle, you retain access until the end of your paid period.

Exceptions: Refunds may be provided at our sole discretion in cases of billing errors, technical issues that prevent Service access for extended periods, or other exceptional circumstances.

After Cancellation: Canceling your subscription does not delete your data. To request a data export or deletion, contact support. We will confirm the scope, timing, any information we must retain, and when deletion is complete.

Authorization Required: All integrations with CRMs, email providers, and other third-party services must be authorized by the account owner. You are responsible for ensuring you have proper authorization to connect these services.

Third-Party Terms: Use of integrated services is subject to their respective terms of service. We are not responsible for third-party service availability, compliance, or data handling practices.

Data Access: By enabling integrations, you grant CalmLayer permission to access and process data from connected services as necessary to provide our Service. We will only access data you explicitly authorize.

API Usage: If you use our API (when available), you agree to comply with our API documentation and rate limits. Excessive API usage may result in throttling or suspension.

Privacy Policy: Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and covers our data security measures and backup practices in full.

Your Data Ownership: You retain all rights to the data you input into the Service, including lead information, messages, and content. We claim no ownership over your data.

Limited License to CalmLayer: You grant us a limited license to use, process, and store your data solely to provide and improve the Service. This license terminates when you delete your data or close your account.

Writing Style Learning: If you enable the "Match my writing style" feature, you grant CalmLayer permission to analyze your sent emails solely to extract writing style patterns. This analysis:

• Occurs only with your explicit opt-in consent
• Extracts style patterns and may select anonymized excerpts to help tailor drafts
• Creates a personal voice profile stored in your account
• Can be deleted at any time by disabling the feature

You retain full ownership of your voice profile data. See our Privacy Policy Section 7 for complete details on what we analyze and store.

CalmLayer Ownership: The Service and its original content, features, functionality, source code, and design are owned by CalmLayer and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your business purposes in accordance with these Terms.

Restrictions: You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or attempt to extract source code
• Rent, lease, sell, or sublicense the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission

Feedback: If you provide suggestions, ideas, or feedback about the Service, we may use them without obligation or compensation to you.

Uptime: We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control. We will provide advance notice of scheduled maintenance when possible; emergency maintenance may occur without notice.

Support: Support is provided via email at support@calmlayer.ai. Response times vary by issue severity. We do not provide phone support at this time.

Service Provided "As Is": The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

No Guarantee of Results: We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, secure, or error-free
• Defects will be corrected in any specific timeframe
• Drafts or recommendations will result in lead conversions or sales
• Third-party integrations will remain functional or compatible

Limitation of Liability: To the maximum extent permitted by law, CalmLayer and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services or products
• Business interruption or downtime
• Reputational harm

Maximum Liability Cap: Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid to us in the twelve (12) months immediately preceding the claim.

Jurisdictions: Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless CalmLayer and its officers, directors, employees, contractors, agents, and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including privacy or intellectual property
• Content you submit, post, or transmit through the Service
• Messages you send to leads, including messages based on drafts prepared by CalmLayer
• Your failure to obtain proper consent for lead communications

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.

Termination by You: You may terminate your account at any time by canceling your subscription through account settings or contacting support.

Termination by Us: We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms or our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment or failed payment attempts
• Extended inactivity (over 6 months)
• Risk to Service security or other users

Effect of Termination: Upon termination:

• Your right to use the Service immediately ceases
• You will no longer have access to your account or data
• Data export and deletion requests are handled as described in our Privacy Policy
• You remain liable for all charges incurred before termination

Survival: Sections that by their nature should survive termination will remain in effect, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law provisions.

Jurisdiction: You agree to submit to the personal jurisdiction of the courts located in Ontario, Canada for any legal proceedings related to these Terms or the Service.

Dispute Resolution: Before filing a legal claim, you agree to attempt to resolve disputes informally by contacting us at support@calmlayer.ai. We will attempt to resolve disputes through good-faith negotiation.

Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration Act of Ontario, except where prohibited by law. Each party will bear its own costs of arbitration.

Class Action Waiver: You agree to resolve disputes on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration.

Modifications to Terms: We reserve the right to modify these Terms, or to add, modify, or remove Service features, at any time. If we make material changes, we will notify you by email or through a prominent in-app notice at least 30 days before the changes take effect. It is your responsibility to keep your account email current.

Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the new terms, you must stop using the Service and may cancel your subscription.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and CalmLayer regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative.

Assignment: You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

Force Majeure: We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, or government actions.

Export Compliance: You agree to comply with all applicable export and import laws and regulations in your use of the Service.

If you have any questions about these Terms, please contact us:

• Support: support@calmlayer.ai
• Website: calmlayer.ai/contact