Terms & Conditions

These Terms & Conditions apply to the Calo application including, without limitation, Calo iOS app, Android app or web app (collectively, the "App"). As used in these Terms & Conditions, "Calo ", "us", or "we" refers to Calo Inc. and its subsidiaries and affiliates.

‍

Your use of the app is governed by these terms & conditions.

BY ACCESSING OR OTHERWISE USING THE APP, YOU AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the App through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the App and bound by these Terms & Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the App.

‍

Online ordering

If you place an order through the App, you are responsible for ensuring that your order is correct and you have designated the proper store for pick-up or address for delivery. You may only place orders if you are at least 18 years old.

‍

Pre-authorization

If you are paying by credit card, we will pre-authorize your credit card to verify availability of funds. In either case, if the order is modified prior to pick-up or delivery, any overage will be charged to your credit card.

‍

Cancellation

You may cancel your subscription up to 2 hours after the subscription has been placed in order to get refunded. After receiving the first delivery, you can pause your subscription and resume it at a later date within one year of the subscription date.

‍

Delivery policy

We will attempt to deliver your order as soon as possible. We reserve the right not to deliver: outside our designated delivery times; outside our delivery zone; in inclement weather or dangerous driving conditions; to minors; to customers in public establishments; or in those instances in which we believe our delivery would conflict with, compromise or affect our business. If we are unable to deliver your order because you provided an inaccurate address, you will be charged for your order, even if we are unable to deliver your order. If you request that your order be left at your door or another location, you will be charged, and we will have no further liability for loss of product, spoilage, theft, infestation or damage caused by others, for any delivery left in the specified location. If you request that your order be delivered to you personally and we are unable to locate you at the address provided, we will attempt to contact you by phone or SMS. If you are not at the designated location at the time of delivery and we are unable to contact you, you will be charged for your order.

‍

Third party delivery service

You acknowledge that we use third party delivery services (collectively, the "Delivery Services"), to deliver your order. When you place your order with us, we will provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service so that they may deliver your order to you. In addition, we may provide other information to the Delivery Service, such as information regarding comments, reviews or ratings we receive from you regarding the Delivery Service to help improve the quality of their service.

‍

Out-of-stock items

If you order an item that is not in stock, we will attempt to contact you to provide you with an opportunity to designate a replacement item. If a replacement item is not designated, the original item will be removed from your order and you will not be charged for it. If none of the items in your order are available, we will attempt to contact you to let you know that your order is being cancelled.

‍

Meal subscription service

Subscriptions

We offer weekly or monthly subscription plans in which you will receive a specified number of meals each day. The fees for your subscription plan will depend on the number of meals you specify and will be shown on the order page.

‍

Prices

All prices shown on the App are subject to change at any time without notice. The price available through the App reflects the price available at the current time, in your current market area, and supersedes any and all prior prices for any product or plan. We may offer promotional pricing, frequency discounts, incentive pricing, loyalty discounts and other alternative pricing structures for some or all of our subscription plans to some or all of our customers from time to time in our discretion. We reserve the right to discontinue, modify or extend such pricing in our discretion without prior notice to you.

‍

Payment

When you register for a subscription plan, you agree that Calo or its third party payment processor is authorized to charge you for your weekly or monthly subscription plan, in advance, plus any taxes or other applicable charges, for as long as your subscription plan continues. All plans are continuous subscription plans and your subscription plan will continue until you pause it or we suspend or cancel your account.

‍

Pausing and cancellation

If you are a subscriber, you may pause or cancel your subscription plan. To pause or cancel your subscription plan, choose the options provided in the App, or contact Calo at subscription@calo.app

You are responsible for any meals ordered prior to the pausing or cancellation of your subscription plan. You acknowledge that, even after you have paused or cancelled your subscription plan, or while your subscription plan is suspended, Calo may send you marketing and other promotional materials unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

‍

Refunds

If you are a subscriber and you cancel your subscription, Calo has no obligation to refund any amount paid prior to the time of cancellation. If you are a subscriber or you pre-order two days ahead and you cancel your order on the day of delivery, Calo may, at its option, credit the amount of the order to you in Calo credits instead of crediting the amount of the order to your account.

‍

Promotions

Calo may, from time-to-time, offer promotions or other contests in which you may receive food items, merchandise and other items (each, a "Contest"). By entering a Contest, you agree to be bound by these Terms & Conditions. Any violation of these Terms & Conditions may result in disqualification. All decisions regarding this Contest shall be made and all such decisions are final and binding in all respects. The prizes will be determined by us in our sole discretion and may be changed, altered or substituted by us before or during the term of the Contest.

WE MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO ANY CONTEST. ANY ATTEMPT BY YOU TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO IMMEDIATELY CANCEL YOUR ACCOUNT AND TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

‍

Weight loss and health claims

Calo provides information regarding its products for informational purposes only. Any weight loss and health results mentioned on the App, whether by Calo or others, are not guaranteed. Your results may vary considerably from those described through the App. You expressly acknowledge that Calo does not make any express or implied claims or guarantees that you will achieve or maintain any specific results through your use of Calo’s subscription service. Calo does not refund any payments or agree to cancel your participation in a subscription plan based on your failure to achieve your desired results.

Calo subscription plans are not medically-supervised. You should seek the advice of a physician or dietary consultant before starting any dietary program to ensure it is suitable for your specific dietary needs. Calo does not suggest or represent that any of our programs have been approved for your individual use by a physician or other medical professional. In addition, Calo does not guarantee the accuracy, completeness, or usefulness of any nutritional information of any subscription plan or adopt, endorse, or accept responsibility for the accuracy, completeness or usefulness of any nutritional information regarding any subscription plan.

‍

Direct ship program page

Shipping & handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase meals from our Site or the App, any shipping times shown are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, meals for export.

Once the meals are delivered to you, ownership and the risk of loss passes to you. Following delivery, you, and not Calo, are solely responsible for the proper and safe preparation and storage of the meals. By ordering any of our meals, you agree to use our meals at your own risk.

Certain Calo meals may not be available in all geographical areas. To receive shipments, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive shipments to a business address.

If you are not at the registered address when your shipment arrives, in certain geographical areas, the courier will generally leave the package for you at your door or in the reception area, unless other delivery instructions have been communicated to you. Depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your meals prior to consumption. If something is missing from your shipment, please contact us at support@calo.app

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. If timely delivery of your meals is not feasible, we may cancel your meal delivery for the period so affected and issue you a credit or refund of the purchase price for that meal delivery.

‍

Deliveries and food safety

You are responsible for inspecting all meals for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the meals you receive. To maintain the quality and integrity of our meals, we recommend that you immediately refrigerate all perishable items upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. We also recommend that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.

All Calo production facilities actively store, portion, and distribute ingredients that contain major food allergens determined by the U.S. Food and Drug Administration (“FDA”) (milk, egg, soy, fish, shellfish, peanuts, tree nuts, and others). While Calo takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit which may cause meals or other products offered in connection with the Calo Direct Shipment service to contain some or all of those allergens. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information provided by Calo may differ from the nutritional information published.

‍

Third party information providers and merchants

In certain cases, Calo may permit you to order and receive products, information and services from third parties that are not owned or operated by Calo. In such instances, Calo acts only as the link between you and such third parties. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services and/or information ordered or received from such third parties are covered by their respective customer agreements and policies and are matters that should be addressed solely between you and such third parties. Calo makes no representations or warranties of any kind, express or implied, regarding the merchandise, services and/or information received from such third parties and the fact that Calo makes such products, information, and services available to you should not be construed as an endorsement of the third parties and/or the products, services, and information that they provide. You agree that Calo shall have no obligation and incur no liability to you in connection with any products, information and/or services from third parties that are not owned or operated by Calo.

‍

Payment

When you register for a subscription plan, you agree that Calo or its third party payment processor is authorized to charge you for your weekly subscription plan, in advance, plus any taxes, delivery fees, or other applicable charges, for as long as your subscription plan continues. All plans are continuous subscription plans and your subscription plan will continue until you cancel it or we suspend or cancel your account. All payments will be charged automatically the day the order is shipped.

‍

Cancellation, Skipping, Rescheduling or Editing Orders

You can Pause your order, skip a delivery, reschedule a delivery or edit your meals any time prior to midday (12:00pm) the day before your order is scheduled for shipping. No cancellations, skips, rescheduling or changes of any kind can be made after midday (12:00pm) the day before your order is scheduled to ship. For example, if your order is scheduled to be received on Tuesday, it is scheduled to ship on Monday and therefore, you can cancel, skip, reschedule or edit anytime at or prior to 11:59 am Sunday.

‍

Proprietary rights

All right, title and interest in the App, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Calo or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the App, in whole or in part.

‍

Content

All content included on the App, such as recipes, meal planners, guides, shopping lists, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively "Content") is owned or licensed property of Calo or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

‍

License and Access

Calo grants you a limited license to access and make personal use of the App and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the "UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print, and copy Content for personal, non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the App or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.

‍

Trademarks

Calo and the Calo logos and other related marks, design marks, product names, feature names and related logos used in the App are trademarks of Calo and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of Calo. In addition, the look and feel of the App constitutes the service mark, trademark and/or trade dress of Calo and may not be copied, imitated or used, in whole or in part, without the express prior written permission of Calo. Calo’s trademarks and/or trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Calo or suggests a sponsorship, affiliation or endorsement by Calo.

All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.

‍

Unlawful or prohibited uses

The App may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this App, you warrant to Calo that you will not use the App for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Calo, YOU MAY NOT:

Make any commercial use of the App or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
download, copy, or transmit any Content for the benefit of any other merchant;
use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the App;
frame, mirror, or use framing techniques on any part of the App;
make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing App content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
use any meta tags or any other hidden text utilizing Calo's name or trademarks;
misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the App, or express or imply that we endorse any statement you make;
use a buying agent to conduct transactions on the App;
conduct fraudulent activities on the App;
violate or attempt to violate the security of the App, including, without limitation:
accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
trying to change the functionality of the App;
attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the App, overloading, "flooding," "spamming," "mailbombing", or "crashing";
forging any header or any part of the header information in any e-mail or posting; or
forging communications on behalf of the App (impersonating the App) or to the App (impersonating another user);
send unsolicited or unauthorized email on behalf of Calo, including promotions and/or advertising of products or services;
tamper with the App or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the App or any activity being conducted on the App;
use the App to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
harvest or collect personally identifiable information about other users of the App;
restrict or inhibit any other person from using the App (including, without limitation, by hacking or defacing any portion of the App);
use the App to advertise or offer to sell or buy (other than from Calo) any goods or services;
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the App;
modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App; or
Remove any copyright, trademark, or other proprietary rights notice from the App or materials originating from the App.

‍

Your account

You may be required to register with Calo in order to access certain services or areas of the App. If you are required to register with Calo, we may not be able, or we may refuse, to provide you with the user name you request. Your user name and password are for your personal use only. If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Calo including those set forth in these Terms & Conditions, Calo reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

‍

Push notifications

If the App includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications may include information regarding your order, such as a confirmation of our receipt of your order, the status of the delivery, or a notice that your order has been delayed or cancelled. The notifications may be in the form of badge, alert or pop-up messages, and may be delivered to your device even when the App is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device.

‍

Modification and termination

Calo may at any time: (i) modify or discontinue any part of the App; or (ii) offer opportunities to some or all App users. Calo reserves the right to make changes to these Terms & Conditions at any time. Each time you use the App, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms & Conditions. Your continued use of the App will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the App will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.

Calo reserves the right, without notice and in its sole discretion, to terminate your account or your use of the App and to block or prevent future access to and use of the App (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the App will cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the App. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, and all representations and warranties, all limitations of liability, and all indemnities, shall survive such termination.

‍

User reviews, comments and submissions

If the App allows you to submit reviews, comments, and other communications, photos, videos, or any other content ("User Content") through or to the App, Calo welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.

You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Calo assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party including, without limitation, a Deliver Service.

For any User Content you submit, you grant to Calo a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Calo the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Content is also provided by third party visitors to the App. Please note that visitors to the App may post content that is inaccurate, misleading, or deceptive. Calo neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Calo will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of Calo.

‍

Links to third parties

The App may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers' applications. Calo is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the App to communicate with any such application or otherwise visiting any such application, Calo strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on the App do not constitute an endorsement by Calo of such third party application. Other applications may link to the App with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.

‍

Healthcare information

‍

User reviews, comments and submissions

IF THE APP INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.

‍

Release

We provide information through the App for your information and enjoyment. Your use of the App is strictly voluntary. Because some of the information in the App may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the App, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You and you alone, are solely responsible for taking proper care to limit your risk.

You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Calo, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by Calo through the App.

‍

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CALO INC. OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF CALO INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND CALO INC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CALO INC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE APP, ANY CONTENT ON THE APP, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

‍

Indemnification and defense

As a condition of the use of the App, you agree to defend, indemnify, and hold harmless Calo and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the App, including, without limitation, any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

‍

Notices and electronic communications

In the case of notices Calo sends to you, you consent to receive notices and other communications by Calo including posting notices on the App, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Calo provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the App or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

‍

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Calo with respect to the App and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the App. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

‍

Contact us

If you have any concerns about Calo or your use of the App, please contact us at support@calo.app with a detailed description, and we will try to resolve it.

‍

Last Updated: May 20, 2021