What this means for you
This is basically a brand-new contract — the old one was a short generic document, and this new one is a detailed legal agreement. The governing law moved from the UK to Delaware, USA, so disputes would be handled there. If you're a business user, you now have to defend Cal.com legally if someone sues them because of how you used the service. Your customer data stays yours, but Cal.com can now be clearly identified as using a US legal framework and can name your business in their marketing unless you opt out.
Plain-English explanation, not legal advice.
What changed
The Terms of Service have been comprehensively rewritten from a brief general document (Version 1, effective April 2021) to a detailed structured legal agreement (Version 2, effective November 2026) covering data processing, confidentiality, indemnification, and governing law under Delaware law instead of UK law.
Details
- •Governing law changed from United Kingdom law to Delaware, United States law, with disputes now handled in Delaware state or federal courts
- •A comprehensive definitions section was added covering terms like Authorized Users, Bookers, Customer Data, DPA, BAA, Order Form, and Services
- •A formal Data Processing Agreement (DPA) is now incorporated by reference, with detailed rules about how personal data is handled
- •Protected Health Information (PHI) now explicitly requires a signed Business Associate Agreement (BAA) before submission
- •Customer Data ownership and licensing terms are now explicitly stated: the user retains ownership and grants Cal.com only a limited license to operate the service
- •A confidentiality section was added establishing mutual obligations to protect non-public information shared between the parties
- •An indemnification section was added requiring business customers to defend Cal.com against third-party claims arising from their data, their users, or their violations
- •The liability cap was changed from 'amount paid for products/services' to the greater of fees paid in the prior 12 months or $100
- •AI features (Cal.ai) are now explicitly addressed, with a disclaimer that output may be inaccurate and a statement that customer data is not used to train AI models
- •Beta features are now explicitly described as provided as-is with no support or service-level commitments
- •Rules around recording and SMS/email communications were added, placing responsibility on the customer to obtain required consent
- •A formal process for future Terms updates was added, requiring prior notice for material changes and allowing termination if the user does not accept
- •Consumer-specific protections were added throughout, including around liability, governing law, and subscription renewals
- •The privacy policy is now explicitly stated to be outside the Agreement rather than part of it
- •An export and sanctions compliance section was added
- •Open-source software (Cal.diy) is now explicitly carved out from the hosted Services Terms and governed by the MIT License
- •Cal.com may now identify business customers by name and logo in marketing unless they opt out
- •Prohibited data types were expanded to include government-issued ID numbers and third-party credentials submitted outside designated integration fields
- •Aggregated/de-identified data use by Cal.com is now explicitly addressed with restrictions on re-identification
Disclaimer: Change summaries are generated by AI and may not capture every detail. Severity ratings reflect our assessment of potential user impact, not legal significance. Always refer to the original Terms of Service for authoritative terms.