Terms of Service

The short version#

Caliber texts your store's shoppers for you. After someone buys, or leaves a checkout or cart behind, an AI system writes and sends them a conversation under your store's name, over iMessage where it can and SMS where it cannot, and keeps the conversation going. When a shopper comes back through one of our links or uses one of our codes and pays, we record a fee on that order. We charge the fees once a day to the card you saved with us. You pay nothing else, and you pay nothing on an order that carries neither our link nor our code.

If you run a store, these terms are the agreement between your business and Caliber. The parts that matter most are: you are the sender of record for every text and you must have your shoppers' consent to receive marketing texts, with your exclusions in place before you connect, because the after-purchase campaign texts buyers without checking the stored opt-in flag; the messages are written by an AI, under your name, from information you give us; our fee is a percentage of each attributed order, recorded when the order is paid and charged daily, and a refund later does not reverse it; and we keep one profile per phone number across every store that uses Caliber, which our Privacy Policy explains.

If you are a shopper who received a text from a store that uses Caliber, these terms are not an agreement with you. Our Privacy Policy is written for you. Reply STOP to any message to stop receiving them from that store, and HELP to learn which store is texting you.

This page explains all of it: what Caliber does, what you must do, what we charge, what we promise, what we do not, and what happens if something goes wrong.

Who we are#

Caliber is operated by Caliber ASI Inc., a Delaware corporation, at 1209 Mountain Road PL NE, Ste R, Albuquerque, NM 87110, United States.

These terms are an agreement between Caliber ASI Inc. and the business that opens a Caliber account. Where they say "we" or "us", that is Caliber ASI Inc. Where they say "you", that is the business that opened the account and the people acting for it. Where they say "shopper", that is a person your store sells to, or tried to sell to, whom we may text on your behalf.

For anything about these terms, contact privacy@caliberhq.com.

1 · What Caliber is, and who these terms are for#

Caliber is a messaging service for online stores. You connect your store, we collect the events your store already produces (orders, checkouts, carts, browsing, forms a shopper submits on your pages), and an AI system writes and sends text messages to your shoppers under your store's name. The conversations are meant to bring shoppers back to buy, to answer their questions, and to follow up after a purchase. The first campaign, texting buyers after their order, is on when your account starts. The others, for checkouts, carts and browsing left behind, are off until you turn them on.

Three kinds of people are touched by Caliber, and their relationship with us is not the same.

If you run a store. You opened the account, you connected the store, and you pay our fee. All of these terms apply to you. You must be a business, or a person acting for one, and the person who accepts these terms must have authority to bind that business. Caliber is not for personal, family or household use.

If you are a shopper. You did not sign anything with us, and these terms ask nothing of you. The store you bought from, or shopped at, uses Caliber to text you. Our Privacy Policy is written for you: what we collect, why, who sees it, how long we keep it, and how to make us stop. You can stop a store's texts at any time by replying STOP. Replying HELP tells you which store is texting you and how to stop. To reach a person at Caliber, email privacy@caliberhq.com.

If you are a partner whose products the AI may recommend. Your relationship with Caliber is governed by your separate partner agreement, not by these terms.

These terms incorporate our Privacy Policy and the rate, campaign settings and discount limits shown in your Caliber dashboard. Together they are the whole agreement between you and Caliber.

2 · Your account and your store connection#

Who can open an account. You must be at least 18 years old and acting for a business that sells goods or services online. You must give us accurate information about the business, keep it current, and tell us at privacy@caliberhq.com if you think someone else has access to your account.

How you sign in. Caliber has no passwords of its own. You sign in through your Shopify admin, or with a link we email you, or with Google. Anyone who can sign in to your account can change your campaigns, your discounts and your billing, so control who has that access.

Connecting a store. Caliber works with Shopify stores, with WooCommerce stores through our plugin, and with other storefronts through our events API and our JavaScript collector. When you connect a store you authorize us to install our app or collector, to receive the store's events, to read orders, checkouts and customer records, to create single-use discount codes, to read and update the pages we need for attribution, and to send texts to your shoppers under your store's name. On Shopify, the exact permissions are shown by Shopify when you install. You must have the right to grant them.

One account per business. Each store is connected to one Caliber account, and you may connect more than one store to the same account. Each store's fees are shown separately in the dashboard; the unsettled fees of all the stores on an account are combined into one daily charge per account and currency.

Your store's own policies. Your store's privacy policy and your checkout must tell shoppers that you text them, that the texts may be sent using automated technology and artificial intelligence, and that a service provider sends them for you. We give you suggested wording in the dashboard. Section 4 explains what that wording has to achieve.

3 · What Caliber does with your store data#

To run the service we collect, from your store and from your storefront, the data described in the Privacy Policy: order, checkout and cart events; customer contact details; what a shopper looked at; contact details a shopper types into a form on your pages and submits; and every message we send and receive. When you connect a store we also import the last 60 days of its customers, orders and checkouts so the first conversations have context. We do not show shoppers anything on your storefront. There are no pop-ups, banners or widgets. The first thing a shopper sees from Caliber is a text.

Two things about how we hold this data are different from most service providers, and you must understand them before you connect a store.

We keep one profile per phone number across every store that uses Caliber. When a shopper's phone number appears at two different stores, we know it is the same person. We use that to honor opt-outs, to avoid texting the same person about several stores at once, to detect fraud and abuse, to attribute orders, and to improve the service. Your store cannot see another store's shoppers, messages or orders, and another store cannot see yours. The Privacy Policy explains this to shoppers.

We do not gate collection on your storefront's cookie consent. Our collector records what your store's own systems already record, sets a first-party identifier on stores that use our JavaScript collector, and reads advertising click identifiers already present in the shopper's browser so we can report which ad brought them. If you need storefront collection restricted for some shoppers, you must configure your store to withhold their events from us, and you are responsible for your storefront's cookie and tracking disclosures.

Section 13 sets out the data processing terms that govern how we act for you, and how we act on our own account.

4 · Messaging and consent#

This is the part of these terms most worth reading carefully. Text message marketing is regulated, the penalties are per message, and the person who sends a text without consent is liable for it. Under these terms, that responsibility sits with you as between you and us; a contract cannot change what a regulator or a shopper may say about either of us, which is why both of us have to get this right.

You are the sender of record

Every message Caliber sends is sent in your store's name, to your store's shopper, about your store's products, as a result of your decision to connect your store and turn a campaign on. As between you and Caliber, you take on the responsibilities of the sender and initiator of every message for the purposes of the Telephone Consumer Protection Act, state telemarketing and text messaging laws (including the Florida Telephone Solicitation Act and similar laws in other states), the CAN-SPAM Act, and, for Canadian shoppers, Canada's Anti-Spam Legislation. Caliber writes, schedules and transmits those messages at your direction and as your service provider. We use phone lines we control to do it.

What you promise about consent

For every shopper we text, including the buyers the after-purchase campaign texts on its own, you promise that:

• The shopper gave prior express written consent to receive marketing text messages from your store, to the standard required by the laws that apply to that shopper.
• That consent was given by the shopper's own affirmative act: a checkbox that was not pre-checked, a form the shopper submitted, or a keyword the shopper texted. Consent buried in your general terms of service does not count. A phone number bought or rented from a list does not count.
• The disclosure the shopper saw said, in substance, that they would receive marketing or promotional texts from your store; that the texts may be sent using automated technology, including artificial intelligence; that consent is not a condition of any purchase; how often messages may arrive; that message and data rates may apply; and that they can text STOP to opt out and HELP for help.
• You keep proof of each consent, including the date and time, the shopper's phone number, the source (page or form), and the exact wording the shopper saw, for at least five years after the last message, and you will give it to us within five business days if we ask.
• A conversational message about the shopper's own order, checkout or cart is still a marketing message for these purposes. The fact that a text is a reply about the shopper's own activity does not excuse it from consent.

Shopify stores collect a marketing text message opt-in at checkout. We store and show you what Shopify recorded, but we do not refuse to text a shopper because that field is empty. Whether a shopper has consented is your decision and your responsibility. Texting starts on its own once your billing is active: the after-purchase campaign is on from the start and texts a buyer about five minutes after a paid order, without checking the stored opt-in flag. If you have shoppers who have not consented, put your exclusions in place (an order tag, your do-not-contact list, or not connecting them at all) before you connect your store, not after.

What we do on our side

Caliber builds the controls a careful sender needs, and we commit to them:

• STOP, and plain refusals. When a shopper replies STOP, UNSUBSCRIBE, or says in plain words that they do not want texts, we stop texting that shopper on behalf of your store, we confirm it once, and we send nothing else to that shopper for your store. Because a sending line may carry several stores, the opt-out also silences every other store that texts that shopper from the same line; it never opts the shopper back in anywhere.
• HELP. When a shopper replies HELP, we tell them which store is texting them and how to stop.
• Quiet hours. We do not start new conversations between 8 p.m. and 8 a.m. in the shopper's local time, judged from their area code. A reply to a message the shopper sent within the previous fifteen minutes, and a fixed safety line (section 7), may go out at any hour. You are responsible for any stricter hours the law where your shoppers live imposes, and you may tighten ours in the dashboard.
• Your exclusions, and ours. We honor your do-not-contact list and your order-tag exclusions. We text only shoppers with United States and Canadian numbers, and by default we do not start conversations with numbers whose area code is in Washington, Oklahoma, Maryland or Florida, whose texting laws are stricter than federal law; the check is on the number's area code, not on where the shopper lives, and we may add states.
• Limits. Each sending line has a daily limit on new conversations, and the first messages to a shopper carry no links, phone numbers, email addresses or media until the shopper replies, except for the single link that brings a shopper back to their checkout. These limits never remove anything the law requires in a message: which store is sending it, how to stop, and, for Canadian shoppers, how to contact the sender.
• Records. We keep the record of every message sent and received, every opt-out and every suppression, and on request we will prepare a copy of your store's records by hand.

We may suppress or delay any message, to any number, in any region, where we judge the legal or deliverability risk too high, and we may do so without telling you first. We do not guarantee that any message will be delivered, or that it will be delivered over iMessage rather than SMS.

Lines, carriers and registration

Messages are sent over phone lines that Caliber controls and provisions through our messaging vendor. Lines are ours, not yours; you have no right to a particular number, and we may change the number a store sends from. Where carrier registration is required to send SMS at volume on your behalf, you will give us the business information needed to register, and you confirm it is accurate.

Other channels

Today Caliber sends text messages only: iMessage, with SMS or RCS fallback. We do not send email, WhatsApp or voice calls on your behalf. If we add a channel, we will add terms for it under section 18 before it applies to you.

5 · The AI writes the messages#

Messages are written by an artificial intelligence system, under your store's name. No person at Caliber or at your store writes or approves each message before it goes. The AI writes from the information you give us about your store, your products, your discounts and your policies, and from the shopper's own order, checkout and messages. Prompts and model settings are ours and change without notice.

You are responsible for what the AI is told. You must give us accurate information about your products, prices, shipping, returns and policies, and keep it current. You must not instruct the AI, through your store information or otherwise, to make health, medical, financial, legal or other regulated claims, to make claims about products you cannot substantiate, to misrepresent that a message is from a person, to contact anyone you do not have consent to contact, or to say anything unlawful.

The AI makes mistakes. It may misunderstand a shopper, state a price or policy wrongly, promise something your store does not do, or write something you would not have written. We build checks that limit this, and we fix what we find, but we do not guarantee that any message will be accurate, appropriate or on brand. You can read every conversation in your dashboard, and you should.

People sometimes read the thread. When the AI cannot answer a shopper, or a shopper raises something that needs a person, the conversation is routed to a person at Caliber, who may answer, approve a draft, or close it. A person at your store may be asked too.

Telling shoppers it is an AI. Some places make it unlawful to use an automated system to talk someone into a purchase without disclosing that it is automated, including California. Your checkout consent language must disclose that texts may be written and sent by automated technology and artificial intelligence. The assistant signs as a person at your store and does not announce that it is an AI unless asked. It is not instructed to claim to be a person; when a shopper asks whether they are talking to one, it replies: "I write with help from software; if I can't answer something I check with the team." That reply does not expressly say that it is an AI. You must not configure or instruct the service to say otherwise, and you should assume that this alone does not satisfy a disclosure law that applies to your shoppers. If the law where your shoppers are requires more, you are responsible for it.

We can refuse. We may decline to send any message, pause any campaign, or disconnect any store whose content, products or instructions we judge unlawful, deceptive, harmful or a risk to our lines.

6 · Discounts and partner programs#

Discounts. You decide what discounts the AI may give, up to a maximum you set in the dashboard within the ceiling the dashboard allows. When the AI uses one, we create a single-use code in your store for that shopper, valid for a limited time. You honor the codes we create within the limits you set. Codes we create are our link to the order for the purposes of attribution (section 8).

Partner programs. With your authorization, the AI may bring up products or programs from partners we have vetted, in your store's own thread and under your store's name, where they fit the conversation. Partner programs are shown in the Earn more tab of your dashboard; the ones available to your store are on unless you turn them off, and you can turn each one off at any time. The dashboard shows, for each program, the share of the partner's profit that the program is designed to pay stores. Today Caliber does not calculate, credit or pay any share to stores. Before any amount becomes owed to you we will publish the calculation and payment terms in a new version of these terms and tell you under section 18. By leaving a program on, you confirm that you may offer it to your shoppers, you accept that the partner, not you and not Caliber, is responsible for its products, and you accept that the shopper is told, when they click through, that they are buying from the partner. Caliber has a commercial relationship with every partner it presents, and it will not present a partner's product to a shopper without saying, in the message that recommends it, that the product is a partner's and that your store has a commercial relationship with the partner.

7 · Safety and emergencies#

Caliber is a shopping assistant. It is not an emergency service, a health service, or a monitored line, and nobody at Caliber or your store is reading conversations as they happen.

If a shopper tells the AI that they are hurt, unwell or in danger, the AI sends one fixed line, "Please call 911 now. We can't send help from here." (or, for self-harm, "Please call or text 988 now, or 911 if you're in danger. We can't send help from here."), in English or Spanish, and the conversation is routed to a person at Caliber, who may contact you. Nothing the AI says in that situation means that help is on the way, because we cannot send help. You must not configure the service to suggest otherwise, and you must not use Caliber for any purpose where a delayed or missed message could endanger someone.

8 · Fees, attribution, and billing#

You pay nothing to install Caliber, nothing per message, and nothing per month. You pay a fee on attributed orders: orders that carry our link or our code. That is how you and we agree to measure what Caliber brought in. It is a marker, not proof that the shopper would not have bought anyway, and an order counts when it carries our marker even if your own email or ad also reached that shopper. This section says exactly how that works.

Your rate

Your rate is the percentage shown in the Billing tab of your dashboard. It is applied to the order total of each attributed order as your store records it when the order is paid: after discounts, including shipping and taxes the shopper paid, and before any later refund. We may change your rate on 30 days' notice; a change applies only to orders paid after it takes effect.

What counts as an attributed order

An order counts only when it carries our link or our code. An order is attributed to Caliber when either of these is true:

• the shopper placed it after following a link we sent them, which we identify by a token in the link that your store records on the order; or
• the order used a discount code we created for that shopper.

There is no time window and our link tokens do not expire: a shopper who opens a link we sent and buys later is still an attributed order, for as long as your store is connected. Orders with none of our markers never count, even when we texted the shopper and even if the text helped. We do not claim orders by "halo" or lift. Today our standard fee is one third of the order total: the total divided by three, rounded half-up to the nearest cent. The dashboard shows that rate as 33.33 percent; if your account has a different agreed rate, the dashboard shows that rate and the calculation that applies.

Where a store's own systems fill in the information we match on after the order is paid, we may record the attribution when that information becomes available.

Recording and charging

We record each fee once, when we attribute a paid order: usually the moment it is paid, sometimes later, when your store's systems fill in the information we match on. The rate applied is the one in force when the order was paid, even if the fee is recorded later. Once a day, we collect every recorded fee not yet paid to the payment method you saved with us, including fees an earlier charge failed to collect; collection does not recalculate them. You can see every attributed order, the fee on it and every charge in the Billing tab, and we send a receipt for every charge.

Your authorization to charge your card

When you save a card with us, you authorize Caliber ASI Inc. and our payment processor, Stripe, to charge it automatically, without further action from you, for the fees recorded on orders attributed to Caliber: your rate on each order that carries our link or code. Charges recur as orders are attributed while your store is connected, with no fixed end date and no fixed amount. Cancelling under section 9 ends new fees; this authorization continues for fees already recorded until they are paid, unless you revoke it, and revoking it does not extinguish fees already owed. Card details go to Stripe; we never see the full number. This authorization is the mandate for every charge we make.

Refunds, cancellations and chargebacks

A refund does not reverse our fee. When an attributed order is later refunded or cancelled, the fee we recorded stands and is not credited. We flag refunded orders in your dashboard so you can see them. We do not process chargebacks or reversals today; if a shopper charges back an attributed order, the fee we recorded stands and is not credited. We take this position because we did the work that brought the shopper back, and because a fee that could be clawed back for months would make every daily charge provisional. You accept this as part of the price.

Disputing an attribution

If you believe an order was attributed to Caliber in error, tell us at privacy@caliberhq.com within 30 days of the charge, with the order number. We will review it and credit the fee on any order that did not carry our link or code. Fees not disputed within 30 days are accepted.

If you are billed through Shopify

We do not offer billing through Shopify today. If we offer it in the future, we will publish its terms in a new version of these terms under section 18 before it applies to you, and we will never charge a card and Shopify for the same fee.

If a charge fails

If a charge to your card fails, we tell you by email and messaging for your store is paused automatically until a charge succeeds. We retry on the next daily run and when you save a new card. You remain liable for the fees recorded. If fees stay unpaid for 14 days after we tell you, we may disconnect your store under section 17.

Taxes

Our fees do not include taxes. You are responsible for sales, use, VAT, GST and similar taxes on our fees where they apply, other than taxes on our income. You are responsible for all taxes on your own sales.

Fees we may add later

Today we charge no fee for the phone lines your store sends from. We may introduce a monthly fee per line in the future. If we do, we will give you at least 30 days' notice under section 18, the fee will apply only from the date in the notice, and you can cancel before it applies and owe nothing for it.

9 · Cancelling, and what happens after#

You can cancel at any time. Uninstall our app from your store, or email privacy@caliberhq.com and ask us to disconnect it. We do not require a reason and there is no cancellation fee.

What you owe. You owe the fees recorded on attributed orders paid before your store was disconnected. We charge them on the next daily charge, and unpaid fees remain collectible after disconnection. We record no new fees once your store is disconnected: an order paid after that is not charged even if it carries our link or code, and if one is recorded in error, tell us at privacy@caliberhq.com and we will credit it.

What stops. We stop sending new messages for your store when it is disconnected. A conversation already open is answered only to tell the shopper that the store is no longer texting through us, if they write.

What happens to data is set out in the Privacy Policy and in section 13.

10 · What you may not do#

Caliber works only if the texts it sends are wanted and lawful. These rules protect that, our lines, and the shoppers.

• Do not text people who have not consented. Do not connect, upload or tag for messaging any phone number whose owner has not given the consent described in section 4.
• Do not use Caliber for anything other than your own store's shoppers. No lead lists, no cold outreach, no texting on behalf of another business.
• Do not instruct the AI to deceive. No fake scarcity, no fake people, no claims you cannot back up, no denial that the assistant is automated.
• Do not sell or promote prohibited goods. Do not use Caliber for products or services that carriers, Apple, Shopify, Stripe or the law do not allow to be marketed by text, including controlled substances, weapons, adult content, gambling, lending, and anything unlawful where the shopper is.
• Do not interfere with the service. Do not probe, scan or test our systems without our written permission, reverse engineer the service, scrape it, overload it, or use it to send malware or spam.
• Do not misuse another store's data. Everything you see in Caliber is about your own store. Do not attempt to access any other store's data, and tell us immediately if you see something that is not yours.

If you are not sure whether something is allowed, email privacy@caliberhq.com and ask.

11 · Who owns what#

What Caliber owns

Caliber owns the platform: the software, the collector and pixel, the AI system and its prompts, the messages it writes, the dashboard, the sending lines, our name and logo, and everything else we built. Using Caliber gives you no ownership of any of it. We give you permission to use Caliber for one thing: to text your own store's shoppers and manage that activity, for as long as your account is open.

What you own

You own your store's data: your product information, your customer records, your order data and your brand. You give Caliber permission to store, copy, analyze, use and transmit it to run the service for you, to attribute orders and bill fees, to improve the service, and as the Privacy Policy and section 13 describe. That permission ends when your account ends, except for the copies section 13 says we keep.

Messages and conversations

The messages the AI writes for your store are written for you, and you may use them. The record of the conversation is held by Caliber and may be used by both of us as these terms allow.

Shopper data, and data about several stores

Data about a shopper that we hold on our own account, in particular the fact that one phone number has shopped at several stores, is ours to hold as the controller of it, as section 13 and the Privacy Policy describe. We may also create and use aggregated or de-identified data that does not identify you or any shopper, during and after the agreement.

Feedback

If you send us a suggestion about how Caliber could be better, we may use it without owing you anything for it.

12 · Confidentiality#

Each of us will keep the other's non-public information confidential, use it only to perform under these terms, and protect it with reasonable care. Your confidential information includes your store's data and your rates. Ours includes our prompts, our pricing to you, our partner terms and anything we mark confidential. Neither of us is bound as to information that is public, was already known, is independently developed, or must be disclosed by law, provided the other is told where the law allows. This section survives for three years after the agreement ends, and for as long as the information stays a trade secret.

13 · Data processing terms#

This section is our data processing agreement. It governs personal data about your shoppers and your staff that we handle in connection with the service, and it is written to meet the requirements of the California Consumer Privacy Act as amended, other United States state privacy laws, and, where they apply, the GDPR and the UK GDPR. The Privacy Policy tells shoppers the same things in their own words. If this section and the Privacy Policy appear to disagree about personal data, the Privacy Policy governs.

Two roles, stated plainly

When we act for you. For collecting your store's events, holding your customer records, writing and sending messages to your shoppers, answering them, and showing you the results, Caliber is your processor and service provider. We process that data only on your documented instructions, which are these terms, your dashboard settings, and your written requests. You are the controller and the business.

When we act on our own account. For maintaining one profile per phone number across every store that uses Caliber, for binding devices to people across stores, for honoring opt-outs and detecting fraud and abuse across stores, for attribution and billing, for safety escalations, for operating partner programs, and for improving the service, Caliber is an independent controller and business. We are responsible for that processing, we describe it to shoppers in the Privacy Policy, and you are not responsible for it.

What we promise as your service provider

For the data we process on your behalf, Caliber will:

• process it only for the purpose of providing the service to you, and not for any other commercial purpose except as these terms and the law allow;
• not sell it or share it for cross-context behavioral advertising;
• not retain, use or disclose it outside the direct business relationship between you and us, except to provide the service or as applicable law permits a service provider;
• not combine it with personal data we receive from another business or collect ourselves, except as applicable law permits a service provider: to detect security incidents and fraud, to honor opt-outs across stores, to bill and audit, to keep people safe, and to improve the service without building a profile of a shopper for use in serving another store. Calling something our own-account processing does not widen what we may do with data we hold for you; where an own-account use goes beyond what the law allows a service provider, we rely on our own notice to shoppers and the law, not on this section;
• help you respond to shoppers' requests to know, delete, correct or opt out, and act on your verified instruction to delete a shopper's data from the data we hold for you;
• give you the information you reasonably need to show that we comply, and allow you to take reasonable steps to stop and fix unauthorized use;
• tell you if we decide we can no longer meet our obligations under this section;
• flow these obligations down to our subprocessors in writing; and
• comply with the obligations the California Consumer Privacy Act places on a service provider and provide the same level of privacy protection it requires of businesses, and not repurpose data we hold for you for our own-account processing unless that use independently satisfies applicable law; and
• keep the data confidential and protect it as described below.

Subprocessors

We use the following companies to run the service, and each receives only what it needs: Shopify (store platform, events and discount codes), Sendblue (iMessage, SMS and RCS delivery and the phone lines), Stripe (billing), Anthropic (the language model that writes messages, accessed through LangChain, with prompts managed in LangSmith), TypeSafe (a validation model that checks each message before it is sent), Google Cloud (hosting, database, queues, logging, sign-in and the event log, in the United States), Cloudflare (DNS and content delivery), Slack (where our staff are alerted to conversations that need a person, with the shopper's words) and Resend (the emails we send you). The Privacy Policy keeps the current list. We will tell you at least 30 days before we add a subprocessor that will handle shopper data, by updating the Privacy Policy and the dashboard and by notice under section 18, and you may object by cancelling.

We do not permit our AI providers to train models on your shoppers' messages, and we will tell you under section 18 if that changes.

Security

We protect data with encryption at rest, encryption in transit on our own connections (a text's protection in transit depends on the channel; SMS and MMS are not end-to-end encrypted), access controls that separate one store's data from another's, redaction of phone numbers and email addresses in our logs, and the other measures described in the Privacy Policy. Card numbers go to Stripe and never reach us. If we become aware of a breach of security that affects your shoppers' personal data, we will tell you without undue delay, and in any case within 72 hours of confirming it, with what we know, so that you can meet your own notification obligations.

Where data is processed

In the United States. Caliber texts United States and Canadian numbers only and is offered to stores in the United States and Canada. If the GDPR or the UK GDPR applies to your store, tell us before you connect it: this section is then supplemented by a processing schedule and transfer safeguards (standard contractual clauses or the UK addendum) that must be in place before we process any data for you, and we do not accept such a store without them.

Deletion and return

When your store is disconnected, we stop processing for you. On your written request within 30 days of disconnection, we will prepare by hand and give you a copy of your store's conversations and attributed orders; there is no self-service export today. On your written request we delete or de-identify the data we held for you, by hand, as the Privacy Policy describes, except for billing records, suppression records (so that a shopper who said STOP stays stopped), event-log records kept for audit and dispute purposes, and the cross-store profile we hold on our own account as described above, which we keep only to honor opt-outs and detect fraud; there is no automated deletion path today.

Your instructions and your shoppers' rights

You must have the legal basis and the notices in place to collect your shoppers' data and to give it to us. You are responsible for your store's privacy policy and for telling shoppers that Caliber texts them for you. When a shopper exercises a right against you, you tell us what to do with the data we hold for you, and we do it within the time the law allows. When a shopper exercises a right against us about data we hold on our own account, we handle it ourselves under the Privacy Policy, and we may tell you if it affects your store.

14 · What we promise, and what we do not#

We work hard to make Caliber useful and to keep it running. But we have to be straight with you about the limits of what it is.

Caliber is provided as it is. CALIBER IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT IT WILL ALWAYS BE AVAILABLE, ERROR FREE OR UNINTERRUPTED, THAT ANY MESSAGE WILL BE DELIVERED OR DELIVERED OVER A PARTICULAR CHANNEL, THAT THE AI WILL WRITE ACCURATE OR APPROPRIATE MESSAGES, OR THAT THE SERVICE WILL PRODUCE ANY PARTICULAR NUMBER OF ORDERS OR AMOUNT OF REVENUE. TO THE FULLEST EXTENT PERMITTED BY LAW, CALIBER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We do not guarantee sales. You pay only on orders attributed under section 8, because they carry our link or our code, whether or not our text caused the purchase; if no order is attributed, you pay nothing. That is the whole of our commitment about results.

We are not your lawyer. Nothing in these terms, the dashboard, or our suggested wording is legal advice about whether your consent practices comply with the laws that apply to you. Those laws vary by state and by country, and they change. Take your own advice.

We do not control carriers, Apple or your store platform. Deliverability, filtering, line blocks and platform rules are outside our control, and they change without notice.

15 · Limits on what we owe each other#

What neither of us is liable for. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER OF US IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SALES THE SERVICE WAS EXPECTED TO GENERATE BUT DID NOT, OR LOSS OF GOODWILL, HOWEVER CAUSED. You pay only on attributed orders, so neither of us owes the other for sales that did not happen.

The cap. EXCEPT FOR THE EXCLUDED CLAIMS BELOW, EACH OF US HAS A TOTAL LIABILITY TO THE OTHER FOR ALL CLAIMS UNDER OR RELATING TO THESE TERMS LIMITED TO THE FEES YOU PAID CALIBER IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE THOUSAND US DOLLARS (USD 1,000), WHICHEVER IS GREATER.

Excluded claims. The cap and the exclusion above do not apply to: your obligation to pay fees; either party's indemnities under section 16; a breach of section 12 (confidentiality); a breach of section 13 that results in the unauthorized disclosure of shoppers' personal data, for which Caliber's total liability is instead limited to the greater of three times the fees you paid in the twelve months before the event or USD 1,000; or fraud, gross negligence or willful misconduct. A claim about the unauthorized disclosure of shoppers' personal data is governed by that cap, which is the greater of three times those fees or USD 1,000, even where it is also a breach of section 12; fraud, gross negligence and willful misconduct remain uncapped.

What we never try to limit. Nothing in these terms limits liability for anything the law does not permit us to limit.

16 · Indemnities#

Yours. You will defend, indemnify and hold harmless Caliber ASI Inc., its officers, directors, employees and agents from and against all claims, demands, actions, investigations, enforcement proceedings, class actions, damages, statutory damages, penalties, fines, settlements, judgments, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) any allegation that a shopper we texted on your behalf had not given the consent described in section 4, or that you failed to document or honor consent; (b) any alleged violation of the TCPA, any state telemarketing or text messaging law, the CAN-SPAM Act, CASL or any similar law, in connection with messages sent for your store; (c) your products, your product information, your discounts, your prices, your fulfillment and your policies, including any claim that a message was deceptive because the information you gave us was wrong; (d) your breach of section 10; or (e) your breach of your obligations under section 13. Your indemnity does not cover the part of a claim caused by our failure to honor an opt-out or a suppression we committed to in section 4, by our own breach of these terms, or by a penalty the law does not allow to be indemnified. Your indemnity for (a) and (b) is otherwise not subject to the cap in section 15, because the penalties for messaging without consent are per message and uncapped, and because consent is in your control and not ours.

Ours. We will defend, indemnify and hold you harmless from third-party claims that the Caliber platform, as provided by us and used as these terms allow, infringes a United States patent, copyright or trademark or misappropriates a trade secret. We may, at our option, modify the service, obtain a license, or disconnect your store and refund the fees you paid in the prior three months if we cannot do either. This indemnity does not cover claims arising from your content, your instructions to the AI, or your combination of the service with things we did not supply.

How indemnities work. The indemnified party will tell the other promptly of a claim, allow it to control the defense and settlement, and cooperate at the indemnifying party's expense. Nobody settles a claim in a way that imposes an obligation or admission on the other party without that party's written consent. The indemnified party may take part in the defense with its own counsel at its own cost.

17 · Suspending or disconnecting your store#

We may pause messaging, suspend your account or disconnect your store if:

• you break section 4 or section 10, or we receive a credible complaint that you have;
• fees are unpaid under section 8;
• our messaging vendor, a carrier, Apple, Shopify or Stripe blocks or restricts your store or our lines because of your store;
• we are required to by law or by a regulator; or
• we stop offering Caliber, or stop offering it for your platform or your region.

A failed charge pauses messaging immediately under section 8, with notice by email. For every other ground, before we act we will tell you why and give you a chance to respond, unless the situation is urgent (an active security problem, a legal requirement, a risk of harm to someone, or a risk to our lines). If we have to act first, we will tell you as soon as we reasonably can. Suspension is usually temporary, and we will tell you what would resolve it.

What survives. If your account ends, these terms stop applying to your use of Caliber, except for the parts that by their nature have to outlive it: fees owed, ownership, confidentiality, the data processing terms, disclaimers, limits, indemnities, and section 19.

18 · Changes to these terms#

We will post a new version here with a new version number and effective date.

If a change materially affects your rights, what you pay, or what we do with your shoppers' data, we will give you at least 30 days' notice by email and in your dashboard before it takes effect, and we will tell you in plain language what changed. If you do not want to accept a change, cancel under section 9 before it takes effect and you will not be bound by it. Continuing to use Caliber after the effective date means you accept the change. Smaller changes (a corrected address, a clearer sentence) take effect when we post them.

We will not apply a material change to you retroactively. We keep a record of which version you accepted and when. Previous versions stay available on this page.

19 · If we disagree#

Talk to us first

If something goes wrong, email privacy@caliberhq.com and tell us what happened. Most things get sorted this way, and it is faster than anything else on this page. We will respond within 30 days.

Governing law

THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES.

Where disputes are heard

ANY DISPUTE THAT WE CANNOT RESOLVE BETWEEN US WILL BE HANDLED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN DELAWARE, AND YOU AND CALIBER CONSENT TO THE PERSONAL JURISDICTION OF, AND VENUE IN, THOSE COURTS. Either of us may seek an injunction in any court with jurisdiction to protect confidential information or intellectual property.

20 · The rest#

If one part does not hold up, the rest still does. If a court decides some part of these terms cannot be enforced, that part is removed or narrowed to the smallest extent needed, and everything else stays in force.

Not enforcing something once does not mean giving it up. If we do not act on a breach straight away, we can still act on it later, and on any other breach.

Transferring these terms. You cannot transfer your account or your rights under these terms to anyone else without our written consent, except to a successor to your whole business that accepts these terms. We may transfer ours to a company that acquires Caliber or the relevant part of our business, and if we do we will tell you, and the new owner is bound by these terms and by the Privacy Policy as they stand at that time.

These terms, plus the Privacy Policy and your dashboard settings, are the whole agreement. They replace anything said before, including any order form or sales conversation, unless we have signed something with you that says otherwise. If something in these terms conflicts with the Privacy Policy about how we handle personal data, the Privacy Policy wins.

We are independent. Nothing here makes you and Caliber partners, joint venturers, employer and employee, or agents of each other, except that Caliber sends messages as your service provider and at your direction as section 4 describes.

Nobody else can enforce these terms. These terms are between you and Caliber. Shoppers, partners and other businesses have no rights under them.

Notices. We send notices to the email address on your account and in your dashboard. You send notices to privacy@caliberhq.com.

Things outside our control. NEITHER OF US IS RESPONSIBLE FOR FAILING TO DO SOMETHING UNDER THESE TERMS IF THE CAUSE IS GENUINELY OUTSIDE OUR CONTROL, SUCH AS AN OUTAGE AT A PROVIDER WE DEPEND ON, A CARRIER OR PLATFORM BLOCK, A NATURAL DISASTER, OR A CHANGE IN THE LAW. This does not excuse paying fees already recorded.

Contact#

privacy@caliberhq.com

Caliber ASI Inc. 1209 Mountain Road PL NE, Ste R Albuquerque, NM 87110 United States