Terms of Use


Thanks for using Cliizii! These Terms of Use can seem daunting, but they are really important for understanding your rights when using Cliizii. These Terms are for users of Cliizii as either an Account Manager, Host, Guest, or Spectator, and forms a legally binding agreement between the user and Cliizii.

If you have any questions regarding this agreement you can contact us at legal@Cliizii.com

Other documents that will help are:

          ​    Anti-Spam Policy

              Privacy Policy

              Chat Session Content Policy

By opening an Account and clicking/tapping of the Accept Terms box you are agreeing to these Terms.

Or if you are a Guest or Spectator in a Session, you accept these Terms by Accepting the Session Invitation.

If you will be using Cliizii on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so.

Who can be an Account Manager with Cliizii?

You need to be at least 18 years old, agree to these Terms, and when completing the registration process provide true, complete and up-to-date information.

However if you have been invited to attend a Session by an Account Manager/Host you need to be above the age of 13.  We also recommend parental guidance of minors when participating in any Cliizii Session.

If you are opening an Account on behalf of a company, you do so with permission of that company, and on behalf of that company you are agreeing to these Terms.

By using Cliizii you agree to all the conditions above, and agree not to use Cliizii in any unlawful manner.

Cliizii may refuse service, close Accounts of any users, and change eligibility requirements at any time.

Changes

From time to time it will become necessary to update or revise these Terms. Any changes will be posted on our website Cliizii.com , plus you will be notified by email.

Upgrading Cliizii is an important part of delivering you the best service, so we may upgrade features to both the Cliizii platform or website at any time.

Your Account and Password

It's your responsibility to keep your Account Name and Password confidential. You are also responsible for your Account if you give access to another person. You must immediately notify us of any unauthorized use of your Account(s). Cliizii is not responsible for any loss of Content within your Session set-up, or Chat Room Session if your Password has been stolen or hacked.

Update your Contact Details

From time-to-time we will need to contact you about your Account, information that can be critical to the use and security of your Account. To do this you must keep us informed of any changes to your contact details.

Account Disputes

Cliizii will not be held responsible for any of your internal business conflicts that may arise regarding the ownership of the Account. Cliizii can only act on the information presented to us when an individual signs up for an Account. However, we will do our best to assist in resolving your concerns if you send an email enquiry to info@Cliizii.com

Session Incentives

Cliizii recommends you incentivize Guests that attend your Session. However, this is at your own discretion and cost. Any mention of incentives within our Tips, set-up Help or Email Templates are designed as guidelines only. Cliizii is not liable for fulfilling any incentive to anyone who you invite to join your Cliizii Session, and will not enter into correspondence with Guests. This is entirely your responsibility.

Fees and Payments

At the time of selecting a Subscription Plan, and entering your payment method, you are agreeing to pay Cliizii for the Plan you purchased. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Subscriptions are billed in advance and are either Monthly or Annual depending on your Plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment.

If you Upgrade your paid Plan to one of a higher value at any time,  this will take immediate effect, giving you access to the higher value Plans features.  You will receive a credit for the number of days left on your lower level Plan.  This amount will be subtracted from the cost of the higher level Plan.

As Cliizii plans are based on a per Chat Session basis, therefore it is not possible to Downgrade. If you have any questions regarding this you can email us at support@Cliizii.com

Any changes to the price of Plans will be communicated via the Cliizii website.

Credit Cards

It's your responsibility to ensure you have provided us with a valid credit card, and that you authorize us to deduct the subscription fee from that credit card to continue your current agreed pricing Plan at the beginning of the next billing period.

It's your responsibility to update any expired credit card with a valid one. By entering credit card details you warrant that you are authorized to use that credit card, and that any and all charges may be billed to that credit card, and won’t be rejected.

If we’re unable to process your credit card auto-billing, we’ll try to contact you by email and suspend your Account until your payment can be processed.  However, if after 2 weeks you have not responded to our requests to update your credit card information we may cancel your Account.  You will no longer be able to access your Session or Contact List data.

SMS Credits

For Pro Plan, Focus Chat Sessions only. Cliizii recommends you send SMS messages to your Guests to remind them of Sessions start-times and/or other quick messages.  As part of your paid subscription Plan you have a number of SMS credits included. These credits do not accumulate from month to month. If they are not used in the subscription period, they expire. In some cases you may want to purchase additional credits, which can be done under the My Details tab when you log into your Account.

Taxes

Unless otherwise stated, you are responsible for any Taxes related to you or your company or duties associated with the sale of the subscription tool (Cliizii), including any related penalties or interest. You will pay Cliizii for the subscription plan you have selected without any reduction for Taxes. If Cliizii is obliged to collect or pay Taxes, the Taxes will be invoiced to you.

Account Expiry

Each Plan gives you access to one Chat Session. However you can purchase any number of Sessions when purchasing your Plan. You have one month to use your Chat Session, at the end of the month your Session/s expires. You can continue the Session by purchasing another Plan at the same value. Or upgrading to a higher level Plan.

Your Account expires if you have not paid your subscription renewal. However, we will give you plenty of notice via email to give you the opportunity to keep your Paid Account active. Once your Account has expired you may lose access to your Session or Contact List data.

If we have had no reply from you within 14 days of the expiry date your data may be lost to you.

If you have let your Account lapse and you reinstate at a future date, all Session and Contact List data from your previous Account may be lost to you.

Cancelling your Account

To cancel your Account you need to turn off Reoccurring Billing under the My Details tab, or stop paying your subscription.

If you cancel during a billing period Cliizii will not refund you for the balance of the billing period.

Cliizii can terminate your Account if you have breached any of the conditions in these Terms, and there will not be a refund for the remaining time period on your subscription. Once terminated your Session data will be deleted from the Cliizii server.

If you have any questions regarding canceling your account you can email us at support@Cliizii.com

Your Content

Your Content belongs to you, Cliizii does not claim any ownership of your Content. We have no rights or licenses to your Content, except for the limited rights needed for us to provide the subscription tool, and as otherwise described in these Terms.

However, if you provide Cliizii with feedback about us we may use your feedback without any obligation to you.

Content Review

From time to time Cliizii may be required to review any unlawful Content, or Content not compliant with our Session Content Policy. If we find it is not compliant, we may modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Cliizii will not monitor your Content and will only act if a report has been made.

Remember to Backup

You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Cliizii will not be liable for any failure to store, or for loss or corruption of your Content.

Under what conditions can you use Cliizii?

Cliizii is providing you the tools to communicate with others in a relaxed chat environment. We provide guidelines on how to use Cliizii, but we are not responsible for your content or any communication you have with others you invite to use Cliizii. Below is a list of items you need to adhere to when using Cliizii.

Your Responsibilities

  • Cliizii is not responsible for your conduct, any Content you place within your Session and your communication to Guests or Spectators about your Session, using any Cliizii communication method.
  • Don't misuse Cliizii by interfering with any of the functionality, or attempt to access the platform or website in any way other than through the interfaces and links we provide.
  • Don't probe, scan or test the vulnerability of the Cliizii system or network, unless we have given you permission in writing.
  • Don't reverse engineer Cliizii (or attempt to), either the website or platform.

Be respectful of Cliizii's proprietary rights as to our trademarks, trade secrets and copyrights.

  • Don't use Cliizii to pass on any (or links) to viruses, malware, or any type of software intended to do harm.
  • Don't use Cliizii to actively break the terms of others rights in regards to intellectual property.
  • Don't use Cliizii to send spam. For the definition of spam see Spamhaus website.

Don't use purchased, rented, or third-party lists of email addresses; unless they have specific research permissions.

  • Only use material in your Session that you own or have permission to use.  This includes any visual aids used within your Sessions

Your rights as an Account Manager

Any audio, visual or documents you upload to your Cliizii account remain your property.

Privacy Policy

Please review our separate Privacy Policy document.

Disclaimers and Limitations of Liability

Disclaimers

While Cliizii will do it's best to provide you with a great tool to help your business, and we will try to keep our online services up, but for a variety of reasons they may become unavailable, some things are out of our control so we cannot promise.  EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND Cliizii DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

Exclusion of Certain Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Cliizii, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, INFRINGMENT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Cliizii HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF Cliizii, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES WILL NOT EXCEED MORE THAN WHAT YOU PAID Cliizii FOR THE SERVICE FOR THE MONTH BEFORE.

Businesses

If you are a business, you will indemnify and hold harmless Cliizii and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Cliizii can be used for a variety of purposes, so Cliizii cannot guarantee that it will meet your specific needs.

Governing Law.

These terms are governed by the laws of New Zealand.

Assignment

You may not transfer these Terms without Cliizii's prior written consent, which may be withheld in Cliizii's sole discretion. Cliizii may assign these Terms at any time without notice to you.

Independent Contractors

The relationship between you and Cliizii is that of independent contractors, and not legal partners, employees, or agents of each other.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Well done...that's it 🙂

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