General Terms and Conditions Calmido

Last updated: November 1, 2025

1.	General: Definitions
1.1	Account: the personal part of the Application that you create and manage by entering your (personal) data.
1.2	General Terms and Conditions: these terms and conditions.
1.3	Application: the application developed by Calmido that identifies who is calling, distinguishes spam from reliable calls, and provides information so that Users can make an informed decision about whether to answer.
1.4	The Data refers to the data provided by the User, which consists exclusively of the username, email address, and telephone number. Because all other data in the Application is end-to-end encrypted, Calmido does not have access to this data.
1.5	Calmido refers to the private limited liability company Calmido B.V. (Chamber of Commerce registration number: 96388455).
1.6	Third Parties are defined as: anyone other than Calmido and the User.
1.7	The Services refer to the services that the User can purchase from Calmido by using the developed Application.
1.8	An Agreement: any agreement (existing or future) between Calmido and a User that provides for the regular provision of Services during a certain period.
1.9	User: the natural person who has created an Account on the Application, whereby the User declares and guarantees that they are at least 18 years of age.
1.10	Confidential Information shall be understood to mean all (digital) documents, records, and (other types of) information relating to the Agreement, Calmido, and the User, the confidential nature of which the User understood or should reasonably have understood.

2.	Applicability of the General Terms and Conditions
2.1	These General Terms and Conditions apply to every Agreement as well as to every use that the User makes of the Services and/or the activities of Calmido.
2.2	By accepting the General Terms and Conditions via the Application, the User accepts the applicability of these General Terms and Conditions to the Agreement(s).
2.3	Deviations from these General Terms and Conditions are only valid if Calmido has expressly agreed to them in writing.

3.	Conclusion and execution of the Agreement
3.1	Calmido is free to refuse a User access to the Application at any time without giving reasons. Calmido will then immediately notify the User thereof.
3.2	An Agreement is concluded after the Account has been created by the User and subsequently confirmed by Calmido to the User by email or SMS or via the Application.
3.3	The Agreement is accepted exclusively by Calmido and executed on its behalf. Contrary to Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code, the management and those working for or on behalf of Calmido, whether or not in an employment relationship, are not personally bound or liable.
3.4	The Agreement provided will be performed exclusively for the benefit of the User.
3.5	Calmido will take appropriate measures to protect the User's Data when performing the Services. Because all other data in the Application is end-to-end encrypted, Calmido has no access to this data and cannot share it with Third Parties.
3.6	Nevertheless, unless expressly agreed otherwise, the following applies to the Services:
	a. The User grants Calmido the right to disclose the User's Data, whether or not in connection with the Services, within Calmido's organization to those within Calmido for whom knowledge of that data is useful in connection with the performance of the Services. b. The User grants Calmido the right to disclose information that must be provided to Third Parties in connection with the performance of the Services. c. The User grants Calmido the right to use all electronic means of communication customary at that time, in particular the Application and also the other online applications, platforms, and portals used by Calmido. d. Calmido will exercise due care when engaging Third Parties and will consult with the User as much as is customary or reasonable in the relationship with the User when selecting these Third Parties. Calmido is authorized to accept terms and conditions that apply in the relationship between it and the Third Parties or that are stipulated by the Third Parties. Calmido may invoke these terms and conditions against the User insofar as they concern the performance of the Services by Third Parties. Third Parties will never be held directly accountable by the User.
3.7	Calmido determines the manner in which the Services are performed and takes the conditions expressed by the User into account as much as possible.

4.	Calmido's working method
4.1	Calmido develops digital solutions that help Users limit unwanted calls and distractions and only receive relevant and desired phone calls. The Application developed by Calmido identifies who is calling, distinguishes spam from reliable calls, and provides information so that Users can make an informed decision about whether to answer. In this way, Calmido promotes peace, security, and meaningful telephone communication between people. The Application is offered for its intended use as described in Article 4.1 of these Terms and Conditions, without commercial influence from third parties.
4.2	Calmido will not display advertisements within the Application and will not sell or otherwise commercially exploit Users' personal data or usage data. The Application is offered for the intended use as described in Article 4.1 of these Terms and Conditions, without commercial influence from Third Parties.
4.3	The User remains ultimately responsible for the Data. The User has access to the entered Data and the Account based on it for the duration of the Agreement.
4.4	After termination of the Agreement, the Data will remain available to the User for a period of six (6) months, during which time the User will have the opportunity to transfer the Data. Since all other data in the Application is end-to-end encrypted, data portability of other data is not possible. After this period of six (6) months, access to the Data made available by Calmido will end.
4.5	Calmido is not responsible for the completeness of the Data provided by the User.
4.6	Calmido will take all measures that can reasonably be expected and will ensure that the information and Data provided by the User and, where applicable, traffic data within the meaning of the Telecommunications Act that is generated when using the Services, is protected against loss, theft, unauthorized access, and modification by unauthorized users. Calmido is not liable for any damage in the event of loss or damage to Data.
4.7	Calmido may use the Data, with the exception of personal data within the meaning of the General Data Protection Regulation ("GDPR"), for analysis purposes both during the term and after the termination of the Agreement.
4.8	Calmido is entitled, in the event of (a suspected) serious violation of the provisions of the Agreement and/or these General Terms and Conditions, to temporarily or permanently block the Services made available by Calmido and the User's access to these Services temporarily or permanently, or to terminate the Agreement with immediate effect.

5.	User Obligations
5.1	By using the Services, the User declares that he or she is at least 18 years of age. If the User is younger than 18 years of age, creating an Account and/or using the Services is not permitted.
5.2	The User shall provide Calmido with all information (including Data) that Calmido requires for the correct and timely performance of the Agreement, in a timely manner and in the form and manner requested by Calmido.
5.3	The User shall immediately inform Calmido of any other facts and circumstances that may be relevant to the performance of the Agreement, in order to enable Calmido to perform the Agreement properly.
5.4	The User remains solely responsible for the content of the Data at all times.
5.5	The User is solely responsible for the decisions he/she makes or wishes to make as a result of and/or on the basis of the performance of the Services by Calmido.
5.6	The User guarantees the accuracy, completeness, and reliability of the Data made available to Calmido, even if it originates from or via Third Parties.
5.7	Any (additional) costs and damage resulting from a delay in the performance of the Agreement, caused by the failure to make the necessary data available, or to make it available on time or properly, are at the expense and risk of the User.
5.8	The User must immediately notify Calmido of any changes to their contact details, either electronically or in writing.
5.9	In the interest of the User and for the purpose of verifying the Data, the User shall respond to questions from Calmido within one week (7 days).
5.10	The User is not permitted to use Calmido's Services for purposes that are contrary to legal provisions, public order, or morality. Calmido applies a concise Fair Use Policy (Article 5.12) to prevent misuse of the Application and to ensure optimal performance for all Users.
5.11	This Fair Use Policy means the following: the User may only use the Application for normal or personal use as can reasonably be expected from average use. The User is therefore not permitted to use the Application in a manner that leads to overloading of Calmido's or third parties' systems, to use automated means (such as bots, scripts, or scraping), or use the Application for unlawful, misleading, or otherwise harmful purposes. Calmido is entitled to take appropriate measures in the event of (suspected) abuse, including restricting access to the Application or terminating the Agreement.
5.12	The User must ensure that the Data is delivered to Calmido in an orderly and organized manner.

6.	Duration and termination
6.1	The Agreement is entered into for the duration agreed therein and, in the case of a fixed term, is subsequently tacitly renewed on a monthly basis.
6.2	The Parties may terminate the Agreement at any time in writing, subject to a notice period of at least one (1) month to the end of each calendar month. Termination of the collaboration must be done by email (or via the Application) and will take effect at the end of the month in which the termination took place.
6.3	Unless explicitly agreed otherwise, Calmido is entitled to terminate the Agreement with immediate effect by means of a written statement, without notice of default or judicial intervention, if the User fails to comply with the Agreement and/or its obligations under these General Terms and Conditions.
6.4	The Agreement shall terminate by operation of law and with immediate effect if the User is granted a moratorium on payments or is declared bankrupt, or if a request to that effect has been submitted, as well as if the WSNP (Debt Rescheduling Arrangement for Private Individuals) becomes applicable to the User.
6.5	Calmido is under no circumstances obliged to pay any compensation as a result of the (premature) termination of the Agreement and/or the cooperation between Calmido and the User and excludes any liability in this regard.

7.	Intellectual property
7.1	All intellectual or industrial property rights that rest on (or are related to) the Services provided by Calmido to a User are exclusively and solely vested in Calmido and remain the full property of Calmido. In this context, products include: computer programs, software, system designs, preparatory materials and manuals, working methods, (model) contracts, brands, applications, and logos.
7.2	The User warrants and guarantees that they will not infringe, in any way whatsoever, any intellectual property rights of Calmido and/or the Third Parties engaged by it.
7.3	The User is expressly prohibited from reproducing, publishing, or exploiting the content of the Service, whether or not through the engagement or intervention of Third Parties; this is only permitted with the prior written consent of Calmido.
7.4	All content added by the User within the Service, including but not limited to reviews, ratings, reports, and data relating to songs, shall (as soon as it is provided by the User) belong entirely and exclusively to Calmido. The User hereby irrevocably transfers all existing and future intellectual property rights thereto to Calmido. Calmido is entitled to use, analyze, edit, reproduce, publish, and exploit this content without any restriction for all current and future (analytical) purposes, without requiring any permission from or compensation to the User.

8.	Confidentiality and Confidential Information
8.1	Unless (a) any provision of law or regulation requires Calmido or an order from a supervisory authority requires disclosure, or (b) Calmido or a person affiliated with or working for Calmido is involved in legal proceedings in which this information may be relevant, Calmido and the persons it employs or engages will not disclose Confidential Information, Data, and personal data or provide it to Third Parties other than those mentioned in the following paragraph.
8.2	The User agrees that in the context of (a) the Agreement, (b) compliance with legal obligations, or (c) internal purposes, Calmido may process Confidential Information, Data and personal data concerning the User or Third Parties. This also includes sharing this Confidential Information and data with persons involved in the performance of the Agreement, such as Third Parties.
8.3	Calmido will take appropriate measures to protect Confidential Information and personal data and will inform Calmido's employees and any persons engaged by Calmido of the confidential nature of the Confidential Information and instruct them accordingly.
8.4	The User is obliged to keep Confidential Information strictly confidential from everyone.
8.4	Unless required by law or regulation, or unless Calmido has given prior written consent, the User shall not disclose or provide Confidential Information relating to the Agreement to Third Parties.

9.	Personal data
9.1	The User has taken note of and agreed to the content of the Privacy Statement (via the Application), which can be downloaded at: https://www.calmido.com/privacy/
9.2	The User indemnifies Calmido against all claims from Third Parties relating to the performance of the Agreement that may be brought against Calmido due to a violation of the GDPR and/or other regulations concerning the protection of personal data.

10.	Liability and force majeure
10.1	Calmido will perform its Services to the best of its ability as a best efforts obligation and will exercise the care that can reasonably be expected of it. If an error is made because the User has provided incorrect, incomplete, or late information, Calmido will not be liable for any damage resulting from this.
10.2	Calmido is not liable for damage caused by (non-subordinate) auxiliary persons and/or Third Parties.
10.3	Calmido is not liable for indirect damage or consequential damage, which in any case includes (but is not limited to) business damage (such as lost profits or income, lost savings, damage due to missed or unmade (telephone) calls, damage due to business interruption or lost business opportunities, damage to reputation, loss of orders, time spent, etc.). Consequential damage and indirect damage are also explicitly understood to mean all damage resulting from or caused by errors, malfunctions, inaccuracies, and/or shortcomings in the Services to be provided or provided.
10.4	Any claim or right of claim by a User against Calmido shall lapse if and as soon as Calmido is not involved in legal proceedings by the User within two (2) years after the User became aware (or should reasonably have become aware) of the existence of that claim (for damages).
10.5	A legal claim by a User against Calmido for compensation for damage expires after two (2) years.
10.6	Calmido is not liable for any delay or non-performance that is directly or indirectly the result of (unforeseen) circumstances or causes beyond Calmido's control or influence, including in any case (but not limited to): emergencies, (natural) disasters, accidents, pandemics, (threat of) war or terrorism, insurrection, riots, fire, (power or telecom) failures, logistical problems, government measures, etc. This also includes: third parties (including personnel, auxiliary persons, or other parties on whom Calmido depends for proper performance) who fail to perform due to, for example, strikes, illness, or other unforeseen absence or circumstances. In that case, the performance of the Agreement will be postponed for the duration of such a force majeure situation.
10.7	If Calmido is liable to a User for damage resulting from an attributable shortcoming on the part of Calmido, this liability is limited to a maximum of EUR 50.
10.8	The limitation of liability set out in the previous paragraph does not apply if there is intent or deliberate recklessness on the part of Calmido.
10.9	Calmido is not liable for any damage of any kind suffered by the User in connection with the temporary unavailability, temporary incorrect availability, or temporary incomplete availability of the Services provided by Calmido, including the Application.
10.10	Calmido is not liable for any damage of any kind suffered by the User in connection with the functioning or non-functioning of equipment, infrastructure, or internet and/or telecom connections of the Application made available.
10.11	The User indemnifies Calmido against claims from Third Parties for damage caused by the User providing Calmido with incorrect, incomplete, or untimely information.
10.12	The User indemnifies Calmido against any claims from third parties that may arise as a result of a failure to fulfill or incorrect fulfillment of any obligation arising from the Agreement or these General Terms and Conditions. This indemnification is also stipulated for the benefit of the directors, employees, or auxiliary persons engaged by Calmido for the performance of the Agreement, who may therefore directly invoke this indemnification.

11.	Applicable law and choice of forum
11.1	These General Terms and Conditions and all existing and future Agreements, as well as any disputes and/or non-contractual obligations arising from or related to them, are governed exclusively by Dutch law.
11.2	All disputes between Calmido and a User arising from or related to these General Terms and Conditions or any Agreement shall be settled in the first instance exclusively by the competent court in Amsterdam, to the exclusion of any other court.

12.	Complaints procedure
12.1	Users may submit complaints about the Services or the Application in writing via legal@calmido.com.
12.2	Calmido aims to deal with the substance of a complaint and respond to it within fourteen (14) days of receipt.
12.3	Submitting a complaint does not suspend the User's obligations under the Agreement.

13.	Reports
13.1	The User can report alleged illegal content that is distributed or processed via the Application via info@calmido.nl.
13.2	Calmido will carefully assess such reports and take appropriate measures where necessary.
13.3	Calmido will inform Users in a transparent manner about decisions to restrict access to certain telephone numbers, to the extent required by law.
13.4	Submitting a report does not automatically lead to removal or blocking; Calmido assesses each report independently in accordance with applicable legislation.

14.	Telecommunications Act and traffic data
14.1	Calmido processes, where applicable, traffic data within the meaning of the Telecommunications Act (such as data about incoming and outgoing calls) solely for the purpose of enabling number recognition, spam detection, security of the Services, and compliance with legal obligations.
14.2	To the extent that consent is required for this, by using the Application and/or via the rights management of the operating software (Android, iOS, or otherwise), the User expressly consents to the processing of traffic data and, if technically necessary, to access to limited data about calls and contacts on his or her own device.
14.3	Traffic data will not be used for direct marketing purposes or sold to third parties and will not be stored for longer than is strictly necessary for the purposes mentioned in this article.

15.	Final provisions
15.1	Calmido is entitled to amend these General Terms and Conditions from time to time without prior consultation with the User. Calmido will inform the User of the proposed changes at least two (2) months before they take effect. If the User does not agree with the proposed changes, the User may terminate the agreement before the date on which the change takes effect. If the User does not expressly object to these changes in writing within one month of receiving notification of the proposed change, the User will be deemed to have agreed to the changes.
15.2	If Calmido does not invoke an applicable provision in the General Terms and Conditions in a particular case, this does not mean that Calmido will not be able to invoke this or any other provision in subsequent cases.
15.3	In the event of a dispute about the interpretation and/or explanation of any provision of the General Terms and Conditions, the Dutch text or version of the General Terms and Conditions will always prevail or be decisive for its interpretation.
15.4	Calmido may transfer or outsource its rights or obligations under the Agreement or these General Terms and Conditions to an affiliated legal entity and/or to other third parties engaged by it for this purpose.
15.5	If any provision of these General Terms and Conditions is wholly or partially void, voidable, or contrary to the law, it shall be deemed to stand alone and not apply. In such a case, the User and Calmido will consult with each other to replace the provision in question with a provision of similar meaning that is not wholly or partially void, voidable, or contrary to the law. The other provisions of these General Terms and Conditions will remain in full force and effect.
15.6	The provisions of the Agreement and these General Terms and Conditions, which are expressly or implicitly intended to remain in force even after termination of the Services or the Agreement, shall remain in force thereafter and shall continue to bind both parties.
15.7	These General Terms and Conditions were adopted on November 1, 2025, and can be consulted and downloaded via: www.calmido.com/terms