Welcome to Callizi.com (the "Website"). In these terms, "we", "us" and "our"
refer to LUCRA LLC, a Montana limited liability company operating the Callizi
brand.
These terms govern two things: your use of the Website, and your participation
in the Callizi mobile messaging program described in Section 2, which delivers
messages by SMS, MMS and RCS (Rich Communication Services). By accessing the
Website or by opting in to the messaging program, you agree to be bound by these
terms and by our Privacy Policy.
We may change these terms from time to time. The current version is always
posted at this URL, and your continued use of the Website or of the messaging
program after a change is posted means you accept the amended terms. Where a
change materially affects the messaging program, we will give notice as
described in Section 2.13. If at any time you do not agree to these terms,
please do not use the Website or the messaging program.
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1. USE OF THE WEBSITE
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1.1 The Website may be used only for lawful purposes and in a lawful manner. You
agree to comply with all laws and regulations applicable to your use of it.
1.2 You must not violate or attempt to violate the security of the Website. This
includes accessing data not intended for you, logging into a server you are not
authorized to access, probing or scanning the vulnerability of a system or
network, breaching security or authentication measures, and interfering with
another user's access to the Website.
1.3 You must not introduce viruses, trojans, worms, logic bombs or any other
material that is malicious or technologically harmful, and must not attack the
Website by any means, including denial-of-service or distributed
denial-of-service attacks.
1.4 If you breach or attempt to breach these terms or any applicable law, or if
we reasonably suspect that you have, we may suspend or terminate your access to
the Website, including by blocking your IP address, without notice and without
compensation.
1.5 A breach or attempted breach may expose you to civil or criminal liability.
We may take legal action, report the matter to law enforcement, and disclose
your identity to them.
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2. CALLIZI MOBILE MESSAGING PROGRAM (SMS, MMS AND RCS)
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SUMMARY OF KEY TERMS
By opting in you agree to receive recurring automated promotional and
personalized marketing text messages from Callizi at the number provided.
Message frequency varies. Message and data rates may apply. Reply STOP to
unsubscribe or HELP for assistance. Consent is not a condition of purchase.
The rest of this Section 2 is the full terms of service for the Callizi mobile
messaging program. It applies in addition to the rest of these terms.
2.1 THE PROGRAM
The Callizi mobile messaging program (the "Program") is operated by LUCRA LLC
d/b/a Callizi. The program name that appears in your messages is "Callizi".
Messages are delivered by SMS, MMS and RCS (Rich Communication Services),
depending on your device and your mobile carrier.
2.2 TYPES OF MESSAGES
If you join the Program you may receive two kinds of messages.
Marketing messages - for example, new product announcements, sales and
promotional offers, back-in-stock alerts, and reminders about items you left
in your shopping cart.
Informational and transactional messages - for example, order confirmations,
shipping and delivery updates, customer service replies, and account alerts.
2.3 YOUR CONSENT
By opting in you agree to receive recurring automated promotional and
personalized marketing text messages from Callizi at the mobile number you
provided.
Consent is not a condition of any purchase. You can buy from Callizi without
joining the Program.
You represent that you are at least 18 years of age, that the mobile number you
provide is your own or that you are its customary user, and that you are
authorized to consent to receive messages at that number. If you give up that
number or transfer it to another person, you agree to opt out of the Program or
to tell us.
2.4 DO NOT CALL REGISTRIES
You agree that we may send you Program messages even if the mobile number you
provided is registered on any state or federal Do Not Call list.
2.5 MESSAGE FREQUENCY
Message frequency varies. You can expect to receive up to 10 messages per month,
plus additional messages sent in response to your own activity on the Website
and any replies you send to us.
2.6 COST
Message and data rates may apply. Callizi does not charge a fee to join or take
part in the Program. You are responsible for every charge your mobile carrier
applies to messages you send to or receive from Callizi, under the terms of your
own mobile plan. Contact your carrier for details.
2.7 HOW TO OPT OUT - REPLY STOP
You can cancel at any time. Reply STOP to any Callizi message to unsubscribe.
After you reply STOP we will send one final message confirming that you have
been unsubscribed, and we will stop sending Program messages to that number. To
rejoin later, sign up again the same way you did the first time.
You can also opt out by emailing support@callizi.com with the mobile number you
want removed, or by using the unsubscribe link in any message that contains one.
2.8 HOW TO GET HELP - REPLY HELP
Reply HELP to any Callizi message for assistance. Our reply will identify the
Callizi program and give you our contact details. You can also reach us at
support@callizi.com or +1 (406) 545-5656.
2.9 CHANGES TO OUR SENDING NUMBER
We may change the phone number, short code or sender ID used to send Program
messages, and we will notify you if we do. A STOP, HELP or other request that
you send to a number we no longer use may not reach us. If you do not receive a
reply, contact us at support@callizi.com.
2.10 CARRIERS AND DELIVERY
Mobile carriers are not liable for delayed or undelivered messages. Delivery
depends on effective transmission by your carrier and is not guaranteed. The
Program may not be available on all carriers or all devices.
2.11 CART REMINDERS AND HOW THEY WORK
If you add items to your cart or begin checkout on the Website and do not
complete your order, we may send you a message reminding you about those items.
The Website uses cookies and similar technologies to record which items you
placed in your cart and when, and whether checkout was started but not
completed, so that we can tell an order was left unfinished and send you a
relevant reminder. This is described in full in our Privacy Policy.
2.12 PRIVACY OF YOUR MESSAGING DATA
We do not sell, rent, or share your mobile phone number, your mobile opt-in, or
your SMS/RCS consent data with any third party for that third party's own
marketing or advertising purposes. We never include this information in any
advertising audience and we never disclose it to any advertising platform.
We share your mobile number only with the service providers that operate the
Program on our behalf - our messaging platform and the carriers that deliver the
messages - and only so that they can deliver the messages you asked to receive.
Those providers are contractually restricted from using your information for
their own purposes.
Our Privacy Policy is at https://callizi.com/policies/privacy-policy
2.13 CHANGES TO OR CANCELLATION OF THE PROGRAM
We may modify, suspend or cancel the Program, or update this Section 2, at any
time. Where a change materially affects your participation, we will give notice
by message to the number enrolled or by posting the updated terms at this URL
before the change takes effect. Your continued participation after that means
you accept the change.
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3. INTELLECTUAL PROPERTY RIGHTS
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3.1 All content on the Website - including text, designs, pictures, graphics,
logos, icons, images, layout, brands, illustrations, audio and video, interfaces,
code, software, and the compilation, selection and arrangement of any of it - is
owned by us, our affiliates, our licensors or other third parties, and is
protected by applicable law.
3.2 All trademarks used on the Website are the registered or unregistered marks
of us, our affiliates or our licensors. Nothing on the Website grants any
license or right to use them.
3.3 You may access, copy, download and print material from the Website for your
own personal, non-commercial use, provided you do not alter or remove any
copyright, trademark or other proprietary notice. Doing so gives you no right,
title or interest in that material.
3.4 Any other use is prohibited without our prior written consent. This includes
modifying, removing, distributing, transmitting, reproducing, publishing,
displaying, licensing, reverse engineering, transferring or selling Website
content, creating derivative works from it, exploiting it commercially, or using
it for any purpose that competes with our business.
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4. CONTENT OF THE WEBSITE
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4.1 The Website and the material on it are provided for your personal
entertainment, information, education and communication. Product images are for
reference only and the product you receive may differ in appearance.
4.2 We give no warranty as to the accuracy, completeness, timeliness or
usefulness of the information on the Website, and we are not liable for loss
arising from reliance on it. You should not treat material on the Website as the
sole basis for a decision without consulting more accurate, complete and current
sources. Reliance is at your own risk.
4.3 We may correct any typographical, clerical or other error or omission on the
Website at any time without liability.
4.4 We may modify or withdraw the Website, or any part of it, temporarily or
permanently, with or without notice, and we are not liable for doing so.
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5. YOUR SUBMISSIONS
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5.1 Any comment, message, data, suggestion, design, concept or other material
you disclose, submit or offer to us through or in connection with the Website
(each a "Submission") is provided on a non-confidential basis, unless the
Website expressly states otherwise.
5.2 You represent and warrant that no Submission you make violates any law;
infringes anyone's intellectual property, privacy or publicity rights; is
libelous, defamatory, obscene, pornographic, threatening, abusive or hateful;
advertises or solicits funds, goods or services or constitutes spam; or contains
viruses, worms, corrupted files or other harmful material.
5.3 You must not use a false email address, impersonate any person or entity, or
otherwise mislead us about the origin of a Submission.
5.4 By making a Submission you grant us a non-exclusive, royalty-free,
perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute and display
it anywhere in the world in any medium, and to use it for any other lawful
purpose, without compensation to you.
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6. LINKS TO OTHER WEBSITES
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Where the Website links to sites operated by our affiliates or by third parties,
those links are provided for your convenience and are not an endorsement. If you
visit such a site you do so at your own risk and under that site's own terms. We
are not responsible for any loss, damage or liability arising from your use of
it.
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7. DISCLAIMER AND LIMITATION OF LIABILITY
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7.1 We do not warrant that the Website will be uninterrupted, error-free or
always accessible, that defects will be corrected, or that the Website or the
server hosting it will be free of harmful components. You are responsible for
using suitable equipment and protection.
7.2 The Website and its content are provided "as is" and at your own risk,
without warranty of any kind. To the fullest extent permitted by law, we
disclaim all warranties relating to the Website and the information on it.
7.3 We are not liable for any failure, delay or default caused by events beyond
our reasonable control, including acts of God, natural disaster, war, terrorism,
strikes, and failures of equipment, networks or third-party services.
7.4 To the fullest extent permitted by law, our total aggregate liability for
all claims arising out of or relating to the Website or the Program is limited
to the greater of the total amount you paid us in the twelve months before the
claim arose, or one hundred United States dollars (US$100).
7.5 Nothing in these terms excludes or limits any liability that cannot be
excluded or limited under applicable law.
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8. INDEMNITY
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You agree to defend, indemnify and hold harmless us and our affiliates against
all claims, actions, demands, liabilities, expenses, losses, damages and costs
arising out of or in connection with your use of the Website or the Program, or
your breach of these terms.
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9. PRIVACY
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Our Privacy Policy explains how we collect, use, share and protect your personal
information, including your mobile phone number and your messaging consent data.
It is available at https://callizi.com/policies/privacy-policy and forms part of
these terms.
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10. GENERAL
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10.1 Entire agreement. These terms are the entire agreement between you and us
about your use of the Website and the Program, and supersede all earlier
communications and agreements on that subject.
10.2 Assignment. You may not assign or transfer your rights or obligations under
these terms without our prior written consent.
10.3 Waiver. Our failure or delay in exercising a right or remedy is not a
waiver of it, and a single or partial exercise does not prevent any further
exercise of that or any other right or remedy.
10.4 Severability. If any provision of these terms is held illegal, invalid or
unenforceable, the remaining provisions remain in force, and the provision in
question is replaced by a legal, valid and enforceable provision that comes
closest to its original intent.
10.5 Survival. Sections 3, 5.4, 7, 8 and 11 survive termination of your use of
the Website or the Program.
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11. GOVERNING LAW AND DISPUTE RESOLUTION
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11.1 Governing law. These terms and your use of the Website and the Program are
governed by the laws of the State of Montana, United States, without regard to
its conflict of laws principles and without regard to the United Nations
Convention on Contracts for the International Sale of Goods.
11.2 Informal resolution. Before bringing any claim against us, you agree to
contact us first at support@callizi.com and try to resolve the dispute
informally. We will try to resolve it by email. If the dispute is not resolved
within 30 days of your notice, either party may begin formal proceedings.
11.3 Jurisdiction and venue. Any legal action arising out of or relating to
these terms, the Website or the Program must be brought exclusively in the state
or federal courts located in the State of Montana, United States. You
irrevocably consent to the jurisdiction of those courts and waive any objection
to venue there.
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12. CONTACT US
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LUCRA LLC d/b/a Callizi
Email: support@callizi.com
Phone: +1 (406) 545-5656
We try to answer every enquiry as promptly as we can, but we are not responsible
for a delayed response or for a failure to respond.
