Last Updated: April 2nd, 2025

Welcome to calmbox! These Terms of Service ("Terms") govern your use of the calmbox website (the "Site"), including all information, tools, and services available from this Site, and your purchase and use of our monthly subscription boxes and related products (collectively, the "Service"). The Service is operated by calmbox, LLC ("calmbox," "we," "us," or "our").

By accessing our Site, creating an account, purchasing a subscription or gift, or otherwise using our Service, you agree to be bound by these Terms, including the Mandatory Arbitration Provision and Class Action Waiver described in Section 11. You also agree to our Privacy Policy and our Return & Refund Policy, which are incorporated by reference into these Terms.

Please read these Terms carefully. If you do not agree to all of these Terms, you may not access the Site or use any part of the Service.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site or Service following the posting of any changes constitutes acceptance of those changes.

1. Eligibility and Account Responsibility

a. Age Requirement: To use our Service and purchase products, you must be at least the age of majority in your state or province of residence. By agreeing to these Terms, you represent that you meet this age requirement.

b. Account Creation: You may need to create an account to access certain features of the Service, such as managing a subscription. You agree to provide current, complete, and accurate purchase and account information for all purchases made.

c. Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

d. Accuracy of Information: You agree to promptly update your account and other information, including your email address, shipping address, and payment method details (including credit card numbers and expiration dates), so that we can complete your transactions and contact you as needed.

2. The calmbox Service

calmbox offers a monthly subscription box service delivering curated items focused on stress relief, mindfulness, and relaxation. Each box typically contains 6-8 items. We also offer one-time gift purchases and potentially other related products through our Site.

3. Subscription Plans, Billing, and Payments

a. Subscription Plans: We offer various subscription plans, including month-to-month, pre-paid multi-month plans (e.g., 6-month, 12-month), and gift subscriptions. Plan details and pricing are available on our Site and are subject to change (though price changes will not affect the prepaid portion of an existing subscription term).

b. Recurring Billing for Subscriptions:

• By purchasing a recurring subscription (Month-to-Month, 6-Month, 12-Month), you acknowledge that your subscription has an initial and recurring payment feature. You accept responsibility for all recurring charges prior to cancellation or completion of your commitment term.
• Your subscription will automatically renew for successive periods (typically monthly after any initial prepaid term) at the then-current subscription rate associated with your plan, unless you cancel your subscription in accordance with these Terms.
• We (or our third-party payment processor) will automatically charge your chosen payment method on a recurring basis without further authorization from you, until you cancel your subscription or your commitment term ends and is not renewed. The recurring charge date is typically on or around the 21st of the month for the following month's box.
• If your initial order is placed before the 21st of the month, you will not be double-billed for that same month; your first renewal charge will occur on the 21st for the subsequent month's box.

c. Commitment Terms (6-Month and 12-Month Plans):

• Subscriptions purchased with a commitment term (e.g., 6-month or 12-month discounted plans) require you to remain subscribed for the entire duration of that term. These plans are offered at a significant discount based on this commitment.
• We will not increase the price of your subscription during your initial commitment term (excluding any initial promotional offers, like a discounted first box).
• Once your commitment term is complete, your subscription will automatically convert to a month-to-month subscription, billed monthly at the same discounted rate you received during your commitment term, unless you cancel prior to the end of the term. After the commitment period ends, you can cancel anytime according to the standard cancellation policy (see Section 4).
• Early Cancellation of Commitment Terms: If you request to cancel a commitment term plan before receiving all the agreed-upon boxes, early cancellation may be permitted solely at calmbox's discretion. If we agree to an early cancellation, you may be required to pay a termination fee. This fee will typically cover the difference between the standard month-to-month price and your discounted commitment price for the boxes already received, along with any promotional items or discount you received in exchange for staying subscribed for the duration of the commitment term.

d. Gift Subscriptions: Gift subscriptions are typically pre-paid for a specific term (e.g., 1, 3, or 6 months) and do not automatically renew unless otherwise specified at the time of purchase.

e. Payment Authorization: You authorize us (or our third-party payment processor) to charge your provided payment method for all amounts due, including subscription fees, taxes, and any other charges incurred in connection with your account. If your payment method cannot be charged, we may suspend or cancel your order or subscription. You are responsible for any fees, including attorney and collection fees, we incur in our efforts to collect any remaining balances from you.

f. Promotions & Discounts: Special offers, promotions, or discounts (like a $19 first box) may have specific terms and conditions, including eligibility requirements (e.g., applying only to 6 or 12-month plans). Such offers are subject to change or withdrawal at any time. Promotional value (e.g., "Double Box," "Free Workbook") is based on estimated retail value.

g. Order Refusal: We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available, inaccuracies in product or pricing information, or issues identified by our fraud prevention system. We may limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

4. Subscription Cancellation

a. Cancellation Process: You can cancel your recurring subscription at any time by logging into your account on our Site and following the cancellation instructions, or by contacting customer support.

b. Cancellation Timing (Month-to-Month or Post-Commitment): To avoid being charged for the next billing cycle, you must cancel your subscription at least 48 hours prior to your next scheduled renewal date (typically the 21st of the month).

c. Cancellation During Commitment Term: If you are within an active commitment term (6 or 12 months), initiating a cancellation request will typically set your subscription to cancel automatically *after* the final box of your commitment term has been shipped. See Section 3.c regarding potential fees for discretionary early cancellation.

d. Effect of Cancellation: If you cancel, you may continue to use your subscription benefits (i.e., receive boxes you've paid for) until the end of your then-current subscription term or commitment period. Cancellation stops future recurring charges but does not entitle you to a prorated refund for any portion of the current subscription period.

e. Renewal Failure: Failure to successfully process your recurring payment by our internal cutoff (e.g., by the 4th of the month) may result in the automatic cancellation of your subscription.

5. Shipping and Delivery

a. Shipping Policy: We ship via third-party carriers to addresses within the United States, including PO boxes. Standard shipping within the US is typically free, but this is subject to change. Current shipping details are provided at checkout.

b. Risk of Loss: Title and risk of loss or damage for merchandise purchased pass to you upon our delivery of the items to the shipping carrier.

c. Delivery Times: We process orders quickly (often within 24 hours for new subscribers) and use Priority 1-3 day delivery services. However, all shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays caused by carriers, weather, or other factors beyond our control. Recurring subscriber boxes typically ship between the 10th and 14th of each month.

d. Address Accuracy: You are responsible for providing a complete and accurate shipping address. We are not responsible for shipments lost or delayed due to an incorrect address provided by you. Once an order receives a shipping confirmation email, it has left our warehouse and cannot be rerouted.

e. Tracking: Tracking information will be provided via email once your order ships.

6. Returns, Replacements, and Refunds

Our policies regarding returns, replacements for damaged or missing items, and refunds are detailed in our separate Return & Refund Policy, which is incorporated into these Terms.

Key points include:

• Subscription boxes are generally non-returnable.
• Damaged or missing items/shipments must be reported to customer support within 14 days of the shipping date, including photographic evidence for damaged items.
• Our primary resolution for confirmed issues is replacement, subject to availability.
• Refunds are issued at our discretion, typically only when a replacement is unavailable for a confirmed damaged/missing item (reported timely) or if a shipment is confirmed lost by the carrier. Refunds are processed to the original payment method only.
• Minor blemishes to packaging are not typically considered damage qualifying for replacement/refund.

Please review the full Return & Refund Policy for complete details.

7. Product Information and Disclaimers

a. Product Descriptions: We strive to display product images and descriptions accurately, but we cannot guarantee that your computer monitor's display of any color or detail will be accurate. Products included in boxes may vary.

b. Availability and Modifications: Products and services are subject to availability. We reserve the right to limit quantities, discontinue products, or modify the Service (including box contents and pricing) at any time without prior notice (except as noted regarding pricing during commitment terms).

c. Box Value: We state that each box contains $70+ in product value. This value is an estimate based on the Manufacturer's Suggested Retail Price (MSRP) or comparable retail values of the included items.

d. Not Medical Advice: calmbox products are intended for relaxation, mindfulness, and general well-being. They are not intended to diagnose, treat, cure, or prevent any medical or mental health condition. The Service is not a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or mental health condition.

e. Quality Disclaimer: While we curate items with care, we do not warrant that the quality of any products, services, or information obtained through the Service will meet your individual expectations beyond delivering the described items in good condition.

8. Use of the Site and Service

a. Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Service for your personal, non-commercial use, strictly in accordance with these Terms.

b. Prohibited Uses: You agree not to:

• Use the Service for any illegal or unauthorized purpose, or violate any laws in your jurisdiction.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Attempt to gain unauthorized access to the Service or its related systems or networks.
• Submit false or misleading information.
• Use the Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate.

9. Intellectual Property

The Service and its original content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by calmbox, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The calmbox name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of calmbox, LLC or its affiliates or licensors. You must not use such marks without our prior written permission.

10. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by calmbox. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that calmbox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

11. MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

BY PURCHASING A CALMBOX, INTERACTING WITH OUR SERVICES IN ANY MANNER, OR BEING GIFTED A CALMBOX, YOU AGREE THAT DISPUTES BETWEEN YOU AND CALMBOX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

a. Agreement to Arbitrate: You and calmbox agree that any and all disputes or claims that have arisen or may arise between you and calmbox, whether related to these Terms, the Service, the products, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. This arbitration obligation applies indefinitely and survives the termination of your relationship with calmbox or your use of the Service. This includes claims against third parties relating to services or products provided or billed to you (such as our licensors, suppliers, or vendors) when you also assert claims against us in the same proceeding.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND CALMBOX AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CALMBOX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

c. Arbitration Procedures: Arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be held in Kirkland, Washington, or another mutually agreed location. If the value of the relief sought is $10,000 or less, you or calmbox may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and calmbox subject to the arbitrator's discretion to require an in-person hearing. If the law in your jurisdiction requires arbitration to be conducted locally, that requirement will prevail, severing only that specific location requirement from this clause.

d. Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. However, calmbox will pay for all arbitration fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In such cases, you agree to reimburse calmbox for any amounts paid on your behalf that are otherwise your obligation to pay under the AAA Rules.

e. Severability: If a court decides that any part of this Section 11 is invalid or unenforceable, the other parts of this Section 11 shall still apply. If a court decides that applicable law precludes enforcement of any of this Section's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and calmbox's right to appeal the court's decision. All other claims will be arbitrated. Specifically, if the prohibition against class actions is found unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void.

f. Opt-Out Procedure: You can choose to reject this Agreement to Arbitrate ("opt-out") by mailing us a written opt-out notice ("Opt-Out Notice") within 30 days after the date you first agree to these Terms. The Opt-Out Notice must be postmarked no later than 30 days after the date you first agree to these Terms. You must mail the Opt-Out Notice to calmbox, LLC, Attn: Legal Department - Arbitration Opt-Out, [Insert Company Mailing Address Here]. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number, and the email address used to log in to the calmbox account to which the opt-out applies.

12. Disclaimer of Warranties; Limitation of Liability

a. Disclaimer: THE SERVICE AND ALL PRODUCTS AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY CALMBOX ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, UNLESS OTHERWISE SPECIFIED IN WRITING. CALMBOX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

b. Limitation of Liability: TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CALMBOX AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CALMBOX'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless calmbox and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

14. Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. Subject to the Mandatory Arbitration provision in Section 11, any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in King County.

15. Termination

a. Termination by You: You may terminate these Terms at any time by notifying us that you no longer wish to use our Services (which includes cancelling any active subscriptions) or when you cease using our Site.

b. Termination by Us: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If we terminate your account for breach, you will remain liable for all amounts due up to and including the date of termination.

c. Survival: All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and the arbitration agreement.

16. General Provisions

a. Entire Agreement: These Terms, together with the Privacy Policy, Return & Refund Policy, and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and calmbox concerning the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

b. Severability: If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

c. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

d. No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind calmbox in any respect whatsoever.

e. Headings: The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

17. Contact Information

Questions about the Terms of Service should be sent to us via our messaging system, by email at help@thecalmbox.com, or by mail at:

calmbox, LLC
11410 NE 124th ST #475
Kirkland WA 98034