webe kälm terms of service
Welcome, and thank you for your interest in webe kälm, LLC. (“webe kälm,” “we,” or “us”) and our website at webekalm.com. These Terms of Purchase and Service are a legally binding contract between you and webe kälm, LLC regarding your purchase of any Product from webe kälm (whether purchased directly from us or indirectly from another source) and your use of the Service (each defined herein).
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING ON THE “BUY”, “BUY NOW”, “PURCHASE”, “PAY NOW”, “CHECKOUT”, OR OTHER SIMILAR BUTTON TO MAKE A PURCHASE, OR BY OTHERWISE PURCHASING A PRODUCT, OR BY CLICKING “I ACCEPT,” OR BY DOWNLOADING OR INSTALLING SOFTWARE OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASES AND USE OF THE SERVICE, YOU AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS
(“TERMS”).
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU SHOULD NOT PURCHASE ANY PRODUCT AND YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR PURCHASE OF A PRODUCT AND USE OF THE SERVICE, AND WEBE KÄLM’S PROVISION OF ANY PRODUCT OR THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY WEBE KÄLM AND BY YOU TO BE BOUND BY THESE TERMS.
IF YOU ARE MAKING PURCHASES OR ACCESSING AND USING THE SERVICE FROM THE EUROPEAN
UNION, CERTAIN SEPARATE TERMS APPLY AS INDICATED BELOW.
ARBITRATION
NOTICE. Except for certain kinds of disputes described in Section 6.7, and
except if you are in the European Union, you agree that disputes arising under
these Terms (including any dispute arising from your purchase or use of the
Product) will be resolved by binding, individual arbitration, and BY ACCEPTING
THESE TERMS, YOU AND WEBE KÄLM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR
TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO
GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this
contract (except for matters that may be taken to small claims court). Your
rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See
Section 6.7)
It is essential to understand that accidental damage, such as stepping on or driving over the webe kälm, is not covered under this warranty. Likewise, if the ball becomes stuck at the top of the tube, it is likely due to condensation buildup, which is not indicative of a defect but can be resolved by proper cleaning and drying. In such cases, temporarily using the breathe tube until the indicator dries will suffice.
webe kälm will, at its discretion, replace any products found to be defective within the normal and appropriate scope of utilization and still within the product's expected lifespan. Please note that webe kälm will not be liable for any costs, losses, or damages resulting from loss or misuse of the product.
The term "Lifetime/Lifespan" refers to the lifespan of the product itself and not that of the owner. While our products are designed to offer extended functionality, they are not intended to last the entirety of an owner's lifetime.
Manufacturing defects generally manifest in new or unused products, typically during the early stages of the product's lifespan. The determination of whether a product has a Manufacturing Defect or is experiencing wear and tear will be at the discretion of VAMO, our company.
In the rare event of a Manufacturing Defect, webe kälm may opt to repair the item instead of replacing it. Should the product be repairable, we will provide you with instructions on how and where to ship the item. Rest assured, any required repairs will be conducted free of charge.
If you possess a valid warranty and encounter an issue covered by it, kindly complete the form below, and we will respond to your inquiry within 48 business hours.
Thank you for choosing webe kälm, and we stand behind the quality and durability of our products with confidence.
SECTION 1 - DEFINITIONS. The following definitions apply throughout these Terms:
Terms:
- "Community Content" means Content uploaded, posted, or shared to a public area of the Service (e.g., the Webe kälm community forum) by users of the Service.
- "Content" means designs, messages, specifications, reviews, photos, video, images, data, text, and other types of works.
- "Feedback" means input and suggestions made to Webe kälm regarding any matter, including any aspect of a Product or the Service.
- "Webe kälm Content" means Content owned by Webe kälm or licensed by Webe kälm from a third party under license terms other than these Terms.
- "Prints" means a physical object that incorporates some or all of the Content.
- "Product" means Webe kälm’s hardware products, including those known as "Webe kälm® Basic," "Webe kälm Plus," "Webe kälm Pro," "Webe kälm Aura™," and Webe kälm air filter products (including "Webe kälm Performance Filter™" and "Webe kälm Personal Filter™") and related spare parts, materials, and accessories.
- "Service" means Webe kälm’s hosted service, which controls the Product, allows access to make additional purchases, stores Content, and enables performing various other functions, including through a mobile application.
SECTION 3 - TERMS APPLICABLE TO THE SERVICE
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Licenses
- License to use the Service. Subject to your complete and ongoing compliance with these Terms, Webe kälm grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Service; and (b) install and use one object code copy of mobile applications made available by Webe kälm and obtained from a legitimate marketplace on each mobile device that you own or control.
- License Restrictions on use of the Service. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform any portion of the Service (including any mobile application); (b) make modifications to any portion of the Service; (c) access the Service (or any portion of the Service) by any automated means that is unauthorized by Webe kälm (e.g., calling undocumented APIs, access of the Service via a ‘bot’); (d) access the Service (or any portion of the Service) in order to build a competitive or similar service; or (e) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- License to Webe kälm Content and Community Content. Subject to your complete and ongoing compliance with these Terms, and the restrictions or requirements of the Service, Webe kälm grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) modify Webe kälm Content and Community Content as permitted by the functionality of the Service; and (b) create Prints using or incorporating Webe kälm Content and Community Content.
- License Restrictions on Webe kälm Content and Community Content. You may not sell or re-sell Webe kälm Content or Community Content, whether or not such Webe kälm Content or Community Content has been modified. Some Webe kälm Content and Community Content may be subject to restrictions, e.g., payment, when it may be printed, and whether a Print using or incorporating Webe kälm Content or Community Content may be used for commercial purposes. For clarity, you may use, distribute, sell, and re-sell Prints using or incorporating (a) your Content at your discretion, and (b) Webe kälm Content or Community Content at your discretion unless otherwise restricted by the terms of the Webe kälm Content or Community Content. Without limiting any other rights or remedies under these Terms, Webe kälm may suspend or terminate access to any Webe kälm Content or Community Content if Webe kälm no longer has the rights to or believes such Webe kälm Content or Community Content could become the subject of an infringement claim. No refunds will be issued for such suspension or termination.
- Feedback. If you choose to provide Feedback, then you hereby grant Webe kälm an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Products and the Service, and to create other products and services.
Your Content.
- Your Content Generally. Certain features of the Service may permit you to upload, create, or post Content on the Service. You retain any copyright and other proprietary rights that you may hold in the Content that you post to or create in the Service, except as modified by your own action or actions to grant a license in accordance with Section 3.2.2 or 3.2.3.
- License Grant to Your Private Content. If you upload or create Content in a private area of the Service, you grant Webe kälm a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, display, perform, reproduce, and modify such Content for the full period of time that you maintain your account on the Service, solely to enable your use of that Content or to resolve any issues that may arise with the Service. Webe kälm will treat any Content you upload or create in a private area of the Service as confidential. If you delete your Content from a private area of the Service, Webe kälm may, but is not obligated to, retain copies of your deleted Content.
- License Grant to Your Public Content. If you upload, create, post, publish, or share Content to a public area of the Service (e.g. the Webe kälm community forum), you grant Webe kälm a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute such Content, in whole or in part, in any media formats and through any media channels now known or later developed. For other users of the Service, any Content you post or create in a public area of the Service is considered Community Content. You retain your right to license your Content to other people at your sole discretion, unless you enter into an agreement with Webe kälm that states otherwise. If you delete your Content from a public area of the Service, you may maintain that Content in a private area of the Service. Webe kälm may, but is not obligated to, retain copies of your Content that you have deleted from a public area of the Service. Deletion of Content from a public area of the Service does not affect rights of users in the copies of that Content downloaded before you deleted it, or Prints already created incorporating your Content. Additionally, Webe kälm may allow you to monetize your Content. Such an arrangement will be conditional on your acceptance of other terms in a separate agreement with Webe kälm.
- Your Content Representations and Warranties. You are solely responsible for your Content and the consequences of submitting, posting, publishing, creating, or sharing Content. By submitting, posting, publishing, creating, or sharing Content, you affirm, represent, and warrant that: ● you are the creator and owner of that Content, or have the necessary licenses, rights, consents, and permissions to authorize Webe kälm to use and distribute that Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Webe kälm, the Service, and these Terms; ● your Content, and the use of your Content as contemplated by these Terms, complies with the requirements under Section 3.6 (Prohibited Conduct).
- No Responsibility of Webe kälm. Webe kälm is under no obligation to make available, edit, or control Content that you post, publish, or create, and will not be in any way responsible or liable for your Content. Webe kälm may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment may not be compatible with our Products, violate these Terms, or is otherwise objectionable.
- Community Content Disclaimer. You understand that when using the Service you will be exposed to
SECTION 4 - PURCHASES
- Product Availability. Purchases of the Product may be subject to estimated availability as described on the Webe kälm website at the time that you place your order and updated from time to time via communications on community.webe kälm.com or through email.
- Pricing. Webe kälm reserves the right to determine pricing for the Product, Service, and Content, as well as charges for shipping the Product. Webe kälm will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Webe kälm, at its sole discretion, may make promotional offers with different features and different pricing to any of Webe kälm’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Except in the case of sales tax for certain locations which are identified when payment is taken, all import duties, taxes, tariffs, and other charges are not included in the Product price or shipping costs. These charges are your responsibility. Please check with your state and country’s customs office to determine if there will be additional costs prior to completing your order. If you have already placed a pre-order and discovered that such taxes make your pre-order untenable for you, please contact Webe kälm support to rescind your pre-order, and we will refund the amount you paid in connection with your pre-order in full. All orders for the Product must be paid in full, including shipping, prior to delivery by Webe kälm of the Product to you. Webe kälm reserves the right to suspend delivery and performance until full payment is received.
- Shipping Charges. We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase the Product, Webe kälm may, in its sole discretion, require you to pay additional shipping fees or refund the full amount you paid.
- General Payment Terms. In order for your offer to purchase a Product to be eligible for Webe kälm’s acceptance, you must pay the amount for the Product elected by you as set forth on the relevant payment page by credit card through PayPal, Stripe, Affirm, or another payment method designated on our website. Payment does not guarantee acceptance by Webe kälm. Webe kälm may elect to offer premium Service features that require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All prices and fees are in U.S. Dollars and are non-refundable except as expressly described in these Terms.
- Authorization. You authorize Webe kälm to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Webe kälm, to the payment method specified in your account. If you pay any fees with a credit card, Webe kälm may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Online Payment Transactions. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
- Product Orders. Your order constitutes an offer to purchase a Product, and all orders are subject to Webe kälm’s acceptance. Except to the extent prohibited by applicable law, Webe kälm may accept, decline, or place limits on your order for any reason. You do, however, acknowledge that by clicking on the “Buy”, “Buy Now”, “Purchase”, “Pay Now” or other similar button or by undertaking other action evidencing an intent to purchase, you enter into an obligation to pay for the Product. If Webe kälm rejects your offer, Webe kälm will, as your sole and exclusive remedy and Webe kälm’s sole and exclusive liability, refund any amounts you paid as described in Section 4.13. If you do not provide your shipping information within 30 days of Webe kälm’s request, Webe kälm may, at its sole discretion, provide you a full refund of the amount you paid or continue to attempt to contact you. Webe kälm will make reasonable efforts to contact you to provide a refund after that 30-day period, but if Webe kälm does not receive a response from you within 90 days of Webe kälm’s initial request for your shipping address, or if Webe kälm is not able to process your refund after that 30-day period (for example, due to a cancelled credit card or closed PayPal account), then Webe kälm will treat the amount that you paid as unclaimed property in accordance with applicable law.
- Order Contracts in the European Union. If you are located in the European Union, and if we accept your offer to purchase a Product and are ready to ship the Product, we will confirm our acceptance by sending you a confirmation that the Product is ready for shipment. You will then be required to confirm that you still wish to purchase the Product (“Order Confirmation”). The contract between you and us in relation to your purchase of the Product (“Order Contract”) will be formed only once you send us the Order Confirmation. The Order Contract will relate only to the Product that has been confirmed in the Order Confirmation. We will not be obliged to supply any other Product which may have been part of your order until such other Product has been confirmed in a separate Order Confirmation. Please print a copy of your Order Confirmation, including these Terms, for your records.
- Export Control. You acknowledge that the Product may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Webe kälm ships the Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (i) an embargoed/terrorist-supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the U.S. government; (ii) a person or entity barred by the U.S. Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (iii) any destination for an end use that is prohibited by applicable law. You will defend and hold Webe kälm harmless against all claims, damages, or liability resulting from breach of the foregoing.
- Title, Risk of Loss. If you are not located in the European Union, title to the Product will pass to you when the Product is delivered to the carrier, after which all risk of loss or damage to any Product will be yours. If you are located in the European Union, title to the Product will pass to you when the Product is delivered to you by the carrier, after which all risk of loss or damage to any Product will be yours.
- Product Delivery. Webe kälm will attempt in good faith to deliver the Product in accordance with your order or any other schedule Webe kälm may provide to you when placing the order, but Webe kälm will not be responsible or liable for any delays or failure in such delivery. Webe kälm expressly reserves the right to effect delivery of the Product ordered in any number of separate shipments, and the modes of transport and carriers will be decided at Webe kälm’s discretion. During any period of shortage, Webe kälm may allocate its supply of the Product in any manner Webe kälm deems appropriate. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. Orders cannot be delivered to PO Box or similar addresses. Webe kälm will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Webe kälm’s reasonable control. In such cases, Webe kälm will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
- Inspection. You should carefully examine all Products upon receipt, and notify Webe kälm of any alleged error, shortage, defect, or non-conformity of the Product within 5 days after receipt. Your failure to examine and report will constitute a waiver of any claim against Webe kälm arising under these Terms or by law with respect to any such error, shortage, defect, or non-conformity reasonably discoverable by examination. You agree to make any and all claims for damage or loss in transit against the carrier. The provision of this Section 4.12 will not apply to purchases made in the European Union.
- Refunds. Eligible refunds may take up to 10 business days to process. All refunds are in US dollars. If you are located in the United States, returns are subject to the following conditions:
n. [Reserved.]
o. Unopened Webe kälm Basic, Plus, Pro, or Webe kälm Performance Filter package(s) within 30 days of shipment with its original receipt: You will receive a refund for your purchase price, less shipping and a 10% restocking fee.
p. Opened Webe kälm Basic, Plus, or Pro unit, unused, within 30 days of shipment with its original receipt, with all original materials and packaging, undamaged: You will receive a refund for your purchase price, less shipping and a 15% restocking fee.
q. Opened Webe kälm Basic, Plus, or Pro unit used up to 50 prints, no visible wear or damage, within 30 days of shipment with its original receipt, with all original packaging and materials except the Proofgrade® materials, undamaged: You will receive a refund for your purchase price, less shipping and a 30% restocking and refurbishment fee.
r. Opened Webe kälm Performance Filter package, used or unused, within 30 days of shipment with its original receipt, with all original materials and packaging, undamaged: You will receive a refund for your purchase price, less shipping and a 30% restocking fee.
s. After 30 days or 50 prints, whichever comes first, your Webe kälm Basic, Plus, or Pro unit is no longer eligible for return.
t. After 30 days your Webe kälm Performance Filter unit is no longer eligible for return.
u. Webe kälm Aura and Webe kälm Personal Filter: Not eligible for return or refund. - European Union Compliance Terms-Preorder. If you are located in the European Union, you may cancel your Order Contract at any time before the Product is delivered and up to 14 days afterward, beginning on the day after the Product (in its entirety) is delivered to you. If you cancel, you will receive all payments returned to you in accordance with our policy below. To cancel an Order Contract, you must complete and submit our cancellation form at https://webe kälm.com/cancel-pre-order.
- European Union Compliance Terms-Sent Back. If you are located in the European Union and you cancel your Order Contract in accordance with Section 4.14, you must return the Product to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product), up to the price of the Product, from the payment to which you are otherwise entitled. To return any Product, you must notify Webe kälm, package the Product securely in all of its original packaging (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel), and follow all other instructions provided by Webe kälm.
- Cost of Returns and Postal Insurance. We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/shipping and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product to us.
- European Union Compliance Terms-After Ordering. If you are located in the European Union and you cancel your Order between us within the 14-day cooling-off period (see above), we will process any cancellation and resulting payment due to you promptly after we receive the Product back. We will remit the price paid in full (subject to any deduction we are entitled to make due to your use of or damage to the Product). However, this payment will not include your cost of returning the Product to us. If you received any promotional or other discount when you paid, any payment will only reflect the amount you actually paid in US Dollars. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
- European Union Compliance Terms-Consumer Rights. 1.1 If you are located in the European Union, details of your consumer rights are described in 4.14 through 4.17. Nothing in this Section 4 affects your legal rights.
- Product Information; Changes. While we have taken reasonable steps to depict the Product as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. In addition, Webe kälm expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any Product or the Service.
- Subscription Service. The Service may include additional, premium features that include automatically recurring payments for periodic charges (“Subscription Service”). Webe kälm may offer a variety of Subscription Services, including special promotional plans, which may have differing conditions and limitations, which will be disclosed to you at sign-up or in other communications made available to you. If you decide to activate a Subscription Service, you authorize Webe kälm to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Webe kälm may increase the subscription fee for any subsequent subscription period if Webe kälm gives you advance notice of the increase before it applies to the email address which you provide to Webe kälm. Webe kälm may decrease the subscription fee for any subsequent subscription period without notice. You may cancel a Subscription Service by contacting us. Payments for Subscription Services are nonrefundable. If you cancel, change your Subscription Service, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of a Subscription Service.
- Trial Periods. From time to time, Webe kälm may offer trials of Subscription Services for a specified period without payment or at a reduced rate (a “Trial”). Webe kälm may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, Webe kälm may require you to provide your payment details to start the Trial. By providing such details, you agree that Webe kälm may automatically begin charging you for the Subscription Service on the first day following the end of the Trial and thereafter in accordance with Section 4.20. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION SERVICE BEFORE THE END OF THE TRIAL WITHIN YOUR ACCOUNT OR BY CONTACTING US
- Delinquent Accounts. Webe kälm may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
- Pre-Production Units. If you have received a pre-production unit of the Product, your unit of that Product may be subject to additional or different terms provided when you confirm your address for shipment of that unit. You will cooperate with Webe kälm to replace your pre-production unit of the Product with a production unit upon request.
- Support. You may request support for the Service, including any problems with the Product, by contacting us. Webe kälm is under no obligation to provide specific levels of support, or to meet specific response or resolution times.
SECTION 5 - Warranties and Disclaimers; Warranty Returns; LIMITATION OF LIABILITY
- Limited Warranty for Products. If you are not located in the European Union, please review the limited Product warranty carefully before making a purchase decision. If any law in your jurisdiction modifies this warranty, however, then Webe kälm does not offer a warranty in your jurisdiction and nothing in this Section affects your legal rights.
- Faulty Products. If you are located in the European Union, and if any Product is damaged or faulty when delivered to you or develops a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights in the country in which you reside. If you believe a Product was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible in writing, giving your name, address and order reference. Nothing in this Section affects your legal rights.
- Warranty Returns. Please see warranty return information at https://webe kälm.com/warranty.
- No Warranty for Modified Products. If you modify a Product, please be aware that your modification may cause loss of access to the Service or loss of some or all functionality of your Product. In addition, modification of your Product voids the limited warranty.
- All Content Licensed As-Is Without Warranty. ALL CONTENT MADE AVAILABLE ON THE SERVICE IS PROVIDED AS-IS, WITHOUT ANY WARRANTY. WITHOUT LIMITING ANY OF THE DISCLAIMERS IN THESE TERMS, CONTENT MAY CONTAIN ONE OR MORE ERRORS CAUSING YOUR PRODUCT OR PRINT TO MALFUNCTION OR BE DAMAGED, MAY OTHERWISE BE INCORRECT, OR MAY VIOLATE APPLICABLE LAW. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL WEBE KÄLM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE ANY CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WEBE KÄLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- No Warranty for Prints. WEBE KÄLM DOES NOT WARRANT ANY PRINT THAT YOU MAKE THROUGH USE OF THE PRODUCT OR SERVICE. WITHOUT LIMITING ANY OF THE DISCLAIMERS IN THESE TERMS, PRINTS MAY BE DEFECTIVE, OR MAY VIOLATE APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR ANY PRINTS MADE THROUGH USE OF THE PRODUCT, INCLUDING THE SOLE RESPONSIBILITY FOR ENSURING THAT WHAT YOU MAKE IS SAFE AND SUITABLE FOR HOW IT IS USED.
- No Warranty for the Service. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SAVE AS PREVENTED BY APPLICABLE LAW, WEBE KÄLM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WEBE KÄLM DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WEBE KÄLM DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WEBE KÄLM IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WEBE KÄLM IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY CAUSED BY THE PRODUCT, SERVICE, ANY CONTENT, ANY OTHER MATERIALS OR PROPERTY, OR ANY PRINTS THAT YOU MAKE THROUGH USE OF THE PRODUCT OR SERVICE, OR CONTENT, OR ANY LOSS OF DATA.
- Limited Disclaimer. HOWEVER, WEBE KÄLM DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WEBE KÄLM IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY.
The provisions of this Section 5.9 apply if you are not located in the European Union, but nothing in this Section 5.9 affects your legal rights. See Section 5.10 if you are located in the European Union. - TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WEBE KÄLM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, ANY CONTENT ON THE SERVICE, OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEBE KÄLM HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- EXCEPT AS PROVIDED IN SECTION 6.7.5, (A) THE AGGREGATE LIABILITY OF WEBE KÄLM TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, CONTENT, OR PRINTS, UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO WEBE KÄLM FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100; and (B) THE AGGREGATE LIABILITY OF WEBE KÄLM TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PRODUCT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID TO WEBE KÄLM FOR THAT PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 5.9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- LIMITATION OF LIABILITY - EUROPEAN UNION.
- Nothing in these terms shall limit or exclude our liability to you for: (a) death or personal injury caused by our negligence; (b) fraudulent misrepresentation; (c) breach of any term implied by any consumer legislation applicable in the country in which you reside and which, by law, may not be limited or excluded; or (d) any other liability that, by law, may not be limited or excluded. Subject to the foregoing sentence, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Order shall not exceed the purchase price of the relevant Product and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
SECTION 6 - GENERAL
- Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you are required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Ownership; Proprietary Rights. The Service is owned and operated by Webe kälm. The Product, Webe kälm Content, and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service are protected by intellectual property and other laws, and are the property of Webe kälm or our third-party licensors. You may not make use of the Service except as expressly authorized by Webe kälm. Webe kälm reserves all rights in and to the Product, Service, and Webe kälm Content not granted expressly in these Terms, or other Additional Service Terms. Webe kälm may be independently creating content that may be similar to or competitive with your Content or Community Content. Nothing in this Agreement will be construed as restricting or preventing Webe kälm from creating new content and exploiting any of Webe kälm’s intellectual property rights, without any obligation to you.
- Indemnity. You are responsible for your use of the Service, Content, Prints, and Products, and you will defend and indemnify Webe kälm and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your access to, use of, or misuse of, the Service, Content, Prints, or any Product, in a way that is harmful to others; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Governing Law. If you are not located in the European Union, these Terms are governed by the laws of the State of Nevada without regard to conflict of law principles. You and Webe kälm agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Seattle, Nevada for the resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Nevada, and we make no representation that the Service is appropriate or available for use in other locations. If you are located in the European Union, these Terms are governed by English law, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. However, nothing in this Section 6.4 affects your legal rights.
- General. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Webe kälm regarding your purchase of the Product and use of the Service. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply. Except as expressly permitted in these Terms, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3.1.3, 3.8, 5, and 6, along with the Privacy Policy, and any other accompanying agreements, will survive.
- Force Majeure. Webe kälm will not be liable to you for any delay in delivery of the Product or your inability to access the Service, including any delay or lack of access due to an event beyond Webe kälm’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, labor shortage due to illness or illness mitigation, act of government, or any other natural or man-made condition outside of Webe kälm’s control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Order Contract that is caused by events outside our reasonable control.
- Dispute Resolution and Arbitration.
The provisions of this Section 6.7 apply if you are not located in the European Union, but nothing in this Section 6.7 affects your legal rights. See Section 6.8 if you are located in the European Union. - Generally. In the interest of resolving disputes between you and Webe kälm in the most expedient and cost-effective manner, and except as described in Sections 6.7.2 and 6.7.3, you and Webe kälm agree that every dispute arising in connection with these Terms (including any dispute arising from your purchase or use of a Product) will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WEBE KÄLM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Despite the provisions of Section 6.7.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
- Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 6.7 within 30 days after the date that you agree to these Terms by sending a letter to Webe kälm, Inc. Attention: Legal Department – Arbitration Opt-Out, 1938 Occidental Avenue South, Suite C, Seattle, WA 98134 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Webe kälm receives your Opt-Out Notice, this Section 6.7 will be void, and any action arising out of these Terms will be resolved as set forth in Section 5.4. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Arbitrator. Any arbitration between you and Webe kälm will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Webe kälm. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Webe kälm’s address for Notice is: Webe kälm, Inc., 1938 Occidental Avenue South; Suite C; Seattle, WA 98134, USA. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good-faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Webe kälm may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Webe kälm must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Webe kälm in settlement of the dispute before the award, Webe kälm will pay you the highest of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
- Fees. If you commence arbitration in accordance with these Terms, Webe kälm will reimburse you for your payment of the filing fee unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in King County, Nevada, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Webe kälm for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND WEBE KÄLM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Webe kälm agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. If Webe kälm makes any future change to this arbitration provision, other than a change to Webe kälm’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Webe kälm’s address for Notice of Arbitration, in which case your account with Webe kälm will be immediately terminated, and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
- Enforceability. If Section 6.7.7 is found to be unenforceable or if the entirety of this Section 6.7 is found to be unenforceable, then the entirety of this Section 6.7 will be null and void, and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 6.4 will govern any action arising out of or related to these Terms.
- Dispute Resolution—European Union. If you are located in the European Union, you agree that any dispute between you and us regarding these Terms or any Order will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country. The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
- Notice; Consent to Electronic Communications. Unless you are located in the European Union, by using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. If you are located in the European Union, we may give notice to you at either the email or postal address you provide to us when placing an Order. All notices given by you to us must be given in writing to the address set out below.
- Contact Information. The Service and the Product are offered by Webe kälm, Inc. located at 1938 Occidental Avenue South, Suite C; Seattle, WA 98134, USA. You may contact us by sending correspondence to that address or by contacting us.
- Notice Regarding Apple. This Section 6.11 only applies to the extent you are using a mobile application provided by Webe kälm on an iOS device. You acknowledge that these Terms are between you and Webe kälm only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
Mobile Terms of Service
webe kälm LLC
Last updated: Dec. 7, 2023
The webe kälm LLC mobile message service (the "Service") is operated by webe kälm LLC (“webe kälm LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to webe kälm LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of webe kälm LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with webe kälm LLC. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18447345923 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other webe kälm LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18447345923 or email calm@webekalm.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
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