Terms of Service

1. Acceptance of Terms

By creating an account, providing your phone number or payment method, or using any websites, apps, chatbots, messaging channels, browser extensions, or services provided by Calipxo (collectively, the “Service”), you agree to these Terms of Service (the “Terms”) and to our Privacy Policy (incorporated by reference). If you use the Service on behalf of a company, you represent you have authority to bind it, and “you” refers to that company. If you do not agree, do not use the Service.

2. Defined Terms

• Default Payment Method means any payment card or account you add to or keep on file with Calipxo (directly or via our payment processor) and designate as the default for charges.
• Text Message means SMS or MMS messages sent using the phone number you provided to Calipxo.
• Written Communication means electronic written messages you send to Calipxo, including Text Messages, iMessage/WhatsApp or comparable messaging channels we support, in app chat, and email.
• Written Authorization means a Written Communication from you that authorizes a specific transaction after we present the order details (item(s), Merchant where applicable, and the gift price which will be at or below your Contact Profile Budget), with clear assent such as “yes,” “approve,” or “confirmed.”
• Contact Profile Budget means the maximum gift price you set for a recipient when creating or updating that recipient’s profile. You can update this budget at any time before you approve a purchase.

3. Eligibility & Accounts

You must be at least 18 (or the age of majority in your jurisdiction) to place orders. You agree to provide accurate, current, and complete information and to keep your credentials secure. You are responsible for activity on your account.

4. What We Do (Service Description)

Calipxo provides AI assisted gift discovery and purchasing workflows. We recommend products and facilitate purchases from third party merchants, marketplaces, and vendors (collectively, “Merchants”). Unless we explicitly state otherwise at checkout, the Merchant is the seller of record and responsible for the goods; Calipxo acts as your agent to help place orders and coordinate delivery.

5. Phone Numbers & Communications

5.1 How we use your phone number

We use your phone number to: (a) verify identity; (b) discuss recommendations; (c) seek Written Authorization to place orders or charge fees; (d) provide confirmations, delivery updates, issue resolution; and (e) send account, security, fraud prevention, and legally required notices. We do not sell your phone number, and we do not use it for marketing without your express opt in.

5.2 SMS consent and frequency

By providing your phone number, you consent to receive Text Messages from Calipxo for the purposes above. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

5.3 Opt out and support

Opt out of Text Messages at any time by replying STOP. You may also email hello@calipxo.com to opt out or request assistance (reply HELP for SMS help where supported). After opting out of Text Messages, we may still send you non marketing, legally required, or security emails. If you opt out of texts, you may continue using the Service and approve transactions via email or other Written Communication.

5.4 Accuracy and delivery of communications

You are responsible for keeping your contact information accurate and for monitoring your messages. Calipxo is not responsible for delays or failures caused by carrier/network issues, spam filters, opt out status, or inaccurate contact details.

5.5 Number changes, deactivation, and reassignment

If you change, deactivate, port, or otherwise stop using the mobile number you provided to Calipxo, you agree to promptly update your communication preferences in your account, or email hello@calipxo.com, so that we stop sending Text Messages to that number. Mobile numbers are routinely reassigned by carriers; once a number is no longer yours, any messages we previously sent to it may be received by a new subscriber. Calipxo will not be liable for messages, order confirmations, recommendations, or other communications delivered to a number you have deactivated, transferred, or relinquished where you have not updated your contact information with us, and you release Calipxo from any claims arising from such delivery.

6. Orders, Budgets, Authorization, and Charges

6.1 No subscription; charges only with Written Authorization

Calipxo does not charge a subscription fee. You will not be charged for any transaction or service fee unless you provide Written Authorization for that specific transaction or fee. You may register and choose not to use the Service; you will not be charged in that case.

6.2 Budget compliance and what you approve

When we request your Written Authorization, we will clearly present: (a) the intended item(s) and Merchant (if applicable); and (b) the gift price. Taxes, shipping, gift wrapping, and any service fees are additional.

6.3 Authorization to charge your Default Payment Method

By agreeing to these Terms and adding a payment method, you authorize Calipxo and its payment processors to charge your Default Payment Method only after you provide Written Authorization for a specific transaction (including the gift price as described above). Where permitted, you may authorize us to use a different payment method on file.

6.4 Confirmations and records

After your Written Authorization, we will send a confirmation summarizing the order. We may retain records of your authorizations (e.g., message logs) to evidence consent. You may revoke authorization before we place the order by sending a Written Communication.

6.5 Holds and verifications

Our payment processor may place a standard pre authorization after you provide Written Authorization.

7. Delivery, Cancellation Window, Risk of Loss, and Returns

7.1 Delivery & address

We coordinate with Merchants and carriers to facilitate shipment. Delivery dates are estimates and may be affected by carrier delays, address issues, weather, or other events beyond our control. Orders will be delivered to the gift recipient address you provide.

7.2 1 hour cancellation window

You may cancel an order within 1 hour after we send the “Order Placed” confirmation. To cancel, send a Written Communication (e.g., reply to the confirmation Text Message or email). After the 1 hour window, orders cannot be canceled and will be delivered to the recipient address you provided.

7.3 Risk of Loss & Title

Unless Calipxo is the seller of record (we will say so explicitly), title and risk of loss transfer from the Merchant per the Merchant’s terms—typically when goods are delivered to the carrier or to you.

7.4 Returns, gift receipts, and 15 day resolution

The gift recipient may return a gift using a gift receipt with the Merchant of record, subject to the Merchant’s policy. If the Merchant’s policy does not allow a full refund, credit, or exchange within 15 days of delivery, the customer may contact hello@calipxo.com for a resolution. We will review the matter and work toward a reasonable solution consistent with applicable law and Merchant constraints (which may include facilitating an exchange, credit, or other remedy).

8. Your Responsibilities & Prohibited Activities

You agree to comply with laws, provide only information you have a lawful right to share (including recipient data), and not misuse the Service. Prohibited activities include: interfering with or bypassing security; scraping except as allowed by robots.txt; reverse engineering; probing or testing system vulnerabilities; misrepresenting identity; sending malware or spam; or infringing third party rights.

9. Recipient & Third Party Data You Provide

You must have a lawful basis (e.g., consent) to provide recipient names, contact details, and addresses. We process such data to fulfill orders, coordinate delivery, prevent fraud, and operate the Service, consistent with our Privacy Policy. We may share necessary data with Merchants, payment processors, and carriers to complete your orders.

10. Intellectual Property & License

The Service (excluding Merchant products and your content) is owned by Calipxo or its licensors and protected by IP laws. We grant you a limited, non exclusive, non transferable, revocable license to use the Service for its intended purpose, subject to these Terms.

11. User Content; Feedback; Copyright

Content you submit (e.g., notes or messages) remains yours, but you grant Calipxo a worldwide, non exclusive, royalty free license to host, store, reproduce, and display it to operate and improve the Service. If you provide feedback, we may use it without restriction. For copyright concerns, contact hello@Calipxo.com with details sufficient for us to locate and evaluate the material.

12. Third Party Services

The Service may integrate with or link to third party services (e.g., Merchants, payment processors, carriers). Those services are governed by their own terms and privacy policies. Calipxo is not responsible for third party services.

13. Beta & AI Generated Content

We may offer beta or experimental features that may change or be discontinued. AI generated suggestions may be inaccurate or incomplete—do not rely on them as the sole basis for decisions. You are responsible for verifying product suitability and compliance.

14. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Calipxo disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. We do not warrant that the Service will be uninterrupted, error free, or secure, or that recommendations or Merchant information are accurate or complete.

15. Limitation of Liability

To the maximum extent permitted by law, Calipxo and its affiliates, officers, directors, employees, and agents will not be liable for: (a) indirect, incidental, special, consequential, exemplary, or punitive damages; or (b) loss of profits, revenue, data, goodwill, or other intangibles. In all cases, our total liability for all claims relating to the Service will not exceed the greater of (1) USD $100 or (2) the amounts you paid to Calipxo for the Service giving rise to the claim in the 12 months before the event.

Nothing in these Terms limits liability for gross negligence, willful misconduct, or matters that cannot be limited by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Calipxo and its affiliates, officers, directors, employees, and agents from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, misuse of the Service, provision of recipient data, violation of law, or infringement of third party rights.

17. Suspension & Termination

We may suspend or terminate your access for any reason, including suspected fraud, unlawful activity, or breach of these Terms. Upon termination, your right to use the Service ceases immediately, but §§10–16 and 18–21 survive.

18. Governing Law & Venue

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules. The exclusive venue and jurisdiction for any action or proceeding arising out of or relating to these Terms or the Service will be the state courts of the Commonwealth of Pennsylvania and the United States District Courts located within Pennsylvania. You and Calipxo consent to the personal jurisdiction of those courts and waive objections to venue based on forum non conveniens or similar doctrines.

19. Changes to the Service and to These Terms

We may change the Service and these Terms. For material changes, we will provide reasonable advance notice (e.g., email or in product notice) at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

20. Export & Sanctions; Force Majeure; Assignment; Miscellaneous

You may not use the Service where prohibited by export control, sanctions, or similar laws. We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, labor disputes, outages, or government actions). You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms and the Privacy Policy are the entire agreement between you and Calipxo regarding the Service. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Headings are for convenience and do not affect interpretation.

21. Contact

General & SMS opt out/assistance: hello@calipxo.com
Text opt out: Reply STOP to any Calipxo Text Message