Last modified: 12 July 2025

Thank you for choosing OPTIZMO Technologies, LLC (“OPTIZMO,” “we,” “us,” or “our”). By signing up for or using our services (“Services”), you (“Customer,” “User,” or “You”) agree to this Terms of Service (“Agreement”).

1. Overview

OPTIZMO provides enterprise-class email-suppression and opt-out automation. We prohibit illegal content and unsolicited email that violates the U.S. CAN-SPAM Act. We reserve the right to terminate accounts (without refund) for, among other reasons:

  • Abuse of our SaaS platform or mechanisms
  • Fraud, mailbombing, denial-of-service attacks, or linking to illegal content
  • Promotion or facilitation of illegal drugs, gambling, or obscene materials
  • Infringement of third-party intellectual property
  • Pornography or nudity (including adult, anime, child, or written sexual content)
  • Circumvention of our security policies or systems

2. User Agreement & Incorporation by Reference

This Agreement, together with your Service Request Form, the Acceptable Use Policy (AUP), Anti-Spam Policy, IP Address Policy, and any Master Services Agreement, forms the entire contract. If there is any conflict, the order of precedence is:

  1. This Terms of Service
  2. AUP (currently: https://www.optizmo.com/optizmo-acceptable-use-policy/)
  3. Anti-Spam Policy
  4. IP Address Policy
  5. Service Request Form and Master Services Agreement

Your use of Services constitutes acceptance of all terms herein and incorporated by reference.

3. Acceptable Use Policy (AUP)

You must comply with our AUP at all times. We may suspend or terminate services immediately upon any notice of possible violation. No refunds will be issued for such corrective action.

4. Messaging Terms and Conditions (A2P-10DLC Compliance)

1. Scope of Messages.
By opting in, you consent to receive automated SMS/MMS from OPTIZMO for reminders, updates, promotions, and compliance notifications via short code or toll-free number. Consent is not a condition of purchase.

2. Frequency & Costs.
You may receive up to 8 messages per month. Standard message/data rates may apply.

3. Opt-In Confirmation.
A confirmation message may follow your signup. Consent remains valid until you revoke it.

4. How to Opt-Out.
Reply STOP to any message or email support@optizmo.com. We will confirm your opt-out and send no further messages (except confirmation).

5. Help & Support.
Reply HELP or email support@optizmo.com for assistance. We respond within two business days.

6. Privacy & Data Use.
Your phone number and messaging data are used solely as described in our Privacy Policy. We do not share or sell your number except as required for service delivery or legal compliance.

7. Changes to Messaging Terms.
We may modify these terms at any time; changes take effect upon posting. Continued messaging after changes constitutes acceptance.

5. Term; Renewal; Termination

a. Term and Renewal.

  • Initial Term: as set in your Service Request Form.
  • Automatic Renewal: after the Initial Term, Services renew for equal successive terms unless terminated per below.
  • Auto-Billing: you authorize us to charge your payment method on file for renewals and to update expired card details.

b. Termination & Cancellation.
You or we may terminate with 30 days’ prior written notice, subject to payment of all outstanding fees. We may also terminate immediately (without refund) if you:

  • Violate this Agreement, AUP, Anti-Spam Policy, or IP Policy
  • Fail to pay
  • Disrupt our network or business operations
  • Initiate legal action against us

Upon termination, you must pay all fees accrued through the effective date, and any pre-paid, unused months will be handled per Section 2(d).

6. Customer Responsibilities

  • Maintain accuracy of your contact and billing information.
  • Place a link to your own Privacy Policy on each Opt-Out page.
  • Ensure your content and landing pages comply with our technical requirements and policies.
  • Cooperate with support and notify us of any service issues.

7. Customer Representations & Warranties

You warrant that all Customer Content (email, landing pages, etc.):

  • You own or are licensed to use without third-party royalties.
  • Does not infringe any rights or contain malicious code.
  • Complies with all applicable laws.

8. License Grant

You grant us a worldwide, royalty-free license to use, store, process, back up, and transmit your Customer Content as necessary to provide the Services.

9. Billing & Payment

  • Fees and payment schedule as set in your Service Request Form.
  • All fees are non-refundable once earned.
  • You are responsible for all applicable taxes.
  • Late payments may incur suspension, termination, collection costs, and attorney’s fees.

10. Reseller & Third-Party Products

When we resell or license third-party hardware/software, your remedies for defects are limited to those provided by the original manufacturer.

11. IP Address Ownership

All IP addresses we assign remain our property. You may use them only as permitted.

12. Caching; CPU, Bandwidth & Disk Usage

You grant us rights to cache your content. You agree not to exceed resource usage limits; corrective action (charges, suspension, termination) may follow violations.

13. Domain Services & Abuse Remediation

We provide managed domains and IPs subject to our AUP. Domains/IPs flagged for abuse (blacklisting, complaints) may be quarantined or removed without notice. We will notify you and recommend remediation steps.

14. Brand Integrity Service

If you purchase Brand Integrity services, fees are non-refundable, auto-renew, and require 30 days’ notice for cancellation.

15. Property Rights; Trademarks & Confidentiality

We retain all rights in our technology, trademarks, and confidential information. You may not reverse-engineer or publicly disclose our confidential materials.

16. Warranty Disclaimer

SERVICES ARE PROVIDED “AS-IS, AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

17. Limited Warranty

We warrant Services will be performed in accordance with industry standards. Your sole remedy is re-performance or pro-rated service credits.

18. Limitation of Liability

Our aggregate liability is capped at the lesser of (a) fees paid in the 12 months preceding the claim or (b) the actual damages proved. We are not liable for indirect, incidental, or consequential damages.

19. Indemnification

You agree to indemnify and hold harmless OPTIZMO and its affiliates against any third-party claims arising from your use of the Services or breach of this Agreement.

20. Arbitration & Class Action Waiver

All disputes shall be resolved by final, binding arbitration (AAA or JAMS) in Travis County, TX (or your locale for claims ≤ $10,000 by phone/written submission). You waive any right to a jury trial or class/representative action.

21. Civil Subpoena Policy

We will only release Customer information in response to a valid civil subpoena served to our General Counsel at info@optizmo.com. We charge the requesting party for compliance costs.

22. Anti-Spam Policy

We enforce a zero-tolerance policy for CAN-SPAM violations. Any account sending unsolicited or deceptive email may be suspended or terminated and subject to administrative fees.

23. Domain Name & Copyright Disputes

Refer to ICANN’s UDRP for domain disputes. For copyright infringement, notify us and we will respond per the DMCA; repeat infringers will be terminated.

24. Network Security; Mandatory Updates; Data Backup

  • You may not bypass authentication or launch attacks. Violations may result in immediate termination.
  • We issue “Mandatory Security Update” notices; you agree to apply critical patches promptly.
  • We maintain backups as a courtesy; you remain responsible for your own data retention.

25. API Terms

By using our APIs, you agree to:

  • Keep credentials confidential and comply with rate limits.
  • Provide a privacy policy for your API Client(s).
  • Not reverse-engineer, sublicense, or scrape data beyond intended use.

26. General Conduct & Miscellaneous

  • Use Services only for lawful purposes.
  • You may not assign this Agreement without our consent.
  • Governing law: Texas, U.S.A., excluding conflicts of law.
  • Notices: in writing by email, fax, or certified mail to addresses on record.
  • Force Majeure and Severability provisions apply.
  • This Agreement survives termination where specified.

ACCEPTANCE:
By signing up for or using OPTIZMO’s Services, you acknowledge that you have read, understood, and agree to be bound by all terms above.