IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY STAZA.
1.2 The terms and conditions on this page apply to both users of STAZA's web-based user interface, the STAZA mobile APP and anyone using an application programming interface (API) in connection with the STAZA service.
1.3 STAZA reserves the right, at its sole discretion, to modify and post these Terms of Service at any time without prior notice. You are advised to visit this page to review the current Terms of Service on a regular basis.
1.4 STAZA provides a variety of tools and services to collect names, email addresses, phone numbers and other information on an opt-in bases. All information may only be imported if the subscribers gave full consent to receive the specified communication from your organization.
1.5 STAZA reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or applicable law.
1.6 STAZA reserves the sole discretion and right to permanently delete archived data after a period of 90 days.
1.7 STAZA will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Service or to comply with legal requirements.
2. Acceptable Use
2.1 STAZA reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. STAZA's services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others' use or enjoyment of the services is prohibited.
2.2 The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive:
2.2.1 Adversely affecting the availability, reliability, or stability of STAZA's services
2.2.2 Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of STAZA's services
2.2.3. Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to STAZA, any STAZA client, or any of their subscribers
2.2.4. Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities
2.2.5. Using the services in any manner that may subject STAZA or any third party to liability, damages, or danger
2.2.6. Using the services in any manner that violates any applicable third-party policy or requirement
2.2.7. Using the services in any manner that violates the Mobile Marketing Association's guidelines or best practices, carrier guidelines, or any other industry standard
2.2.8. Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account
2.2.9. Using any property or material trademarked or copyrighted by STAZA in any manner other than those expressly permitted under these Terms of Service
2.2.10. In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity
2.2.11. Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act
2.2.12. Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail
2.2.13. Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
2.2.14. Interfering with or disrupting any network connected to STAZA services or violating the regulations, policies, or procedures of any such network
2.2.15. Using the STAZA services or any component thereof in a manner not authorized by STAZA
3. Warranty Disclaimer
STAZA PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN "AS IS" BASIS. STAZA AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, STAZA DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, STAZA DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH STAZA SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, STAZA WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS IMPAIRED.
NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY STAZA, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.
You hereby agree to defend, indemnify, and hold harmless STAZA and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your STAZA account, (iii) any other use of STAZA's service in any manner not authorized by these Terms of Service, in violation of the restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to STAZA's system, records, data, or settings.
You agree that STAZA has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates STAZA's privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from STAZA and its affiliates whether or not STAZA is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.
5.1 You may terminate this agreement at any time by submitting a support ticket by email or letter.
5.2. Lack of activity alone does not automatically terminate your account, and you are responsible for service fees until you expressly terminate your account. STAZA may delete any of your archived data after 30 days following the date of termination. If your account has not been cancelled and is classified by STAZA as inactive for at least 90 days, STAZA reserves the sole discretion and right to permanently and irrevocably delete all of your account data. In the absence of an explicit terminations request you agree to pay any and all applicable fees through the date of STAZA's purging of your data. You understand and agree that STAZA will make no refund of any fees whether or not the service has been used.
5.3. At any time, with or without notice, STAZA may terminate this agreement or the service or disable your account in whole or in part at STAZA's sole discretion. STAZA shall bear no liability to you or any third party because of any such action.
6.1 You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.
6.1.1. The service will be subject to monthly or yearly software license fees
6.1.2. Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.
6.1.3. STAZA is not required to provide data outside the system that are already available through the user interface
6.1.4. You are not allowed to import or incorporate or upload (to STAZA servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.
6.1.5. If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.
6.1.6. You and STAZA agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any STAZA representative will be honored. No delay or omission by STAZA in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.
6.1.7. No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind STAZA in any respect whatsoever.
6.1.8. In any action or proceeding with you to enforce STAZA's rights under the Agreement, you agree that STAZA will be entitled to recover its costs and attorney's' fees.
6.1.9. The agreement shall be governed by the laws of the State of California, without regard to its choice of law or conflict of law's provisions. All legal actions in connection with the agreement shall be brought in the state or federal court located nearest San Francisco, California.
6.1.10. STAZA reserves the right to refuse, suspend, disable, or terminate any party's service, in whole or in part, at any time, for any reason, and without notice. STAZA shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.
If you have any questions, concerns, or comments about the Terms of Service, please contact us at firstname.lastname@example.org