Last modified: 12 July 2025

Thank you for visiting OPTIZMO.com (“Website”) owned and operated by OPTIZMO Technologies, LLC (“OPTIZMO,” “we,” “us,” or “our”). OPTIZMO is an Enterprise-Class Software Solution for automating email suppression-list management and streamlining consumers’ opt-out preferences. OPTIZMO’s technology enhances the security, visibility, collection, and distribution of our Clients’ consumer data. This Terms of Use (“TOU”) sets forth the terms, conditions, and guidelines for browsing and using www.OPTIZMO.com (“Website”) only. Access to our Platform and related services is governed by a separate written contract with each Client. This TOU constitutes a legally binding contract between you (“you”) and us for the browsing and use of our Website. Please read this TOU carefully before using the Website. By using the Website, you acknowledge that you have read this TOU, understand it, and agree to be bound by its terms, conditions, and guidelines. If you do not agree, you may not browse, view, use, or access our Website. Our Website is operated and offered from the United States of America. If you access our Website from other jurisdictions, you do so of your own volition and are solely responsible for compliance with local law.

This TOU contains an agreement to arbitrate all claims, restrict class-action participation, limit our liability, and disclaim warranties. Please review it fully, as these items affect your rights and our liability in the event of a dispute.

Privacy Policy Incorporated

OPTIZMO’s data collection, storage, use, and sharing of personal information is governed by our posted Privacy Policy, which is incorporated herein by reference as though fully set forth. Your use of the Website constitutes acceptance of those privacy practices.

Messaging Terms and Conditions

1. Scope of Messages.
By providing your mobile telephone number and opting in, you consent to receive recurring automated marketing and informational SMS and/or MMS messages from OPTIZMO via short code and/or toll-free number. Messages may include appointment reminders, service updates, promotional offers, and other notifications about OPTIZMO’s services. Consent is not a condition of purchase.

2. Message Frequency & Costs.
You may receive up to 8 messages per month. Message frequency may vary based on your interactions with us. Message and data rates may apply.

3. Opt-In Confirmation.
After you sign up, you may receive a confirmation message. Your consent remains valid until you revoke it.

4. How to Opt-Out.
You can opt out at any time by replying STOP to any message. After you send a valid STOP request, we will send a confirmation and you will receive no further messages except to confirm your opt-out. You may also revoke consent by contacting support@optizmo.com.

5. Help & Support.
For help, reply HELP to any message or email support@optizmo.com. We will respond within two business days.

6. Privacy & Data Use.
Your telephone number will be used solely as described in our Privacy Policy. We will not share or sell your number to third parties except as required for message delivery and compliance with law.

7. Changes to Messaging Terms.
OPTIZMO reserves the right to modify these Messaging Terms at any time. Revisions will be effective upon posting. Continued receipt of messages after such changes constitutes your acceptance of the revised terms.

Changes to Website, TOU, and Privacy Policy

We reserve the right to change or delete any information, feature, or function of our Website or to deny you access for any reason without prior notice. If you engage in conduct that we determine, in our sole discretion, violates this TOU, affects our legal rights, or is otherwise inappropriate, we may block your use of the Website.

We further reserve the right to amend this TOU and the posted Privacy Policy at any time and for any reason. Changes are effective upon posting. The TOU and Privacy Policy posted at the time of your visit will govern until the next time you visit. You should revisit this page to determine whether the TOU or Privacy Policy have changed, as your continued use will be deemed acceptance of the updated terms.

Prohibited User Conduct

You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user’s enjoyment of our Website. You may not:

  • Access or attempt to access restricted areas of the Website or any other user’s information.
  • Impersonate any person or entity, or misrepresent your affiliation.
  • Harvest or collect information about users, or use automated means (spiders, robots, bots, scripts, crawlers) in connection with any activity on the Website.
  • Resell, assign, sublicense, or otherwise transfer your rights or obligations under this TOU without our prior express written authorization.
  • Modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display, or exploit any Website content without consent.
  • Use the Website to infringe or facilitate infringement of any intellectual property or privacy rights.
  • Introduce any malicious code or attempt to interfere with the Website’s operation.
  • Send unsolicited messages to any person obtained from the Website.

You agree to use the Website only for lawful purposes and in compliance with this TOU and all applicable laws. Unauthorized third-party linking to our Website is prohibited.

Intellectual Property Rights

www.OPTIZMO.com, OPTIZMO Technologies, and our logo are registered trademarks. All other trademarks, trade dress, and content on the Website are proprietary to us or our licensors. Except as expressly permitted, you may not use any trademarks or content without prior written consent.

Copyright

We retain all rights in the Content (text, images, databases, software, etc.). You may access and view Content solely for personal, noncommercial use and may print individual screens for personal records, provided all proprietary notices remain intact. You may not create derivative works, distribute, publish, or otherwise exploit the Content.

Policy for Claims of Copyright Infringement

If you believe that material on our Website infringes your copyright, please notify our Copyright Agent with:

  1. Your physical or electronic signature.
  2. A description of the copyrighted work.
  3. A description of the infringing material and its location.
  4. Your contact information.
  5. A statement of good-faith belief that the use is unauthorized.
  6. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our Copyright Agent contact is listed on our Contact page.

Indemnity

You agree to indemnify and hold harmless OPTIZMO, its affiliates, officers, employees, and agents from any claim arising out of your use of the Website, your violation of this TOU, or any third-party rights.

Disclaimer of Warranties

THE WEBSITE AND CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU USE THE WEBSITE AT YOUR SOLE RISK.

Disclaimer of Content

We do not guarantee accuracy, completeness, or reliability of any information on the Website. We may correct or update errors without notice and reserve the right to cancel orders for product description errors.

Limitation of Liability

IN NO EVENT WILL OPTIZMO OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, DATA, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OF THE WEBSITE. OUR AGGREGATE LIABILITY IS LIMITED TO $100, TO THE EXTENT PERMITTED BY LAW.

Dispute Resolution & Arbitration

Any dispute arising from or relating to this TOU shall be resolved exclusively by final and binding arbitration under the AAA Consumer Arbitration Rules, as modified herein. The arbitration shall be conducted in Travis County, Texas, or by phone/written submission if the relief sought is $10,000 or less. You and OPTIZMO each waive the right to a jury trial and to participate in any class or representative action.

Governing Law

This TOU is governed by the laws of the United States and the State of Texas, without regard to conflict-of-law principles. You consent to exclusive jurisdiction in Travis County, Texas.

Waiver and Severability

Our failure to enforce any right or provision of this TOU will not constitute a waiver. If any provision is held invalid, the remainder will remain in full force.

No License

Nothing in this TOU grants you any license to use our trademarks, service marks, or logos.

Entire Agreement

This TOU constitutes the entire agreement between you and OPTIZMO regarding your use of the Website and supersedes all prior agreements.

Electronic Communications

When you visit the Website or send us emails, you consent to receive communications electronically. Electronic communications satisfy legal requirements for written notice.