Welcome to Nrtly. These Terms and Conditions ("Terms") govern your access to and use of the website located at nrtly.com (the "Website"), our SMS marketing program, and any related services (collectively, the "Services") provided by NRT Servicos Administrativos LTDA, a limited liability company organized under the laws of the Federative Republic of Brazil, enrolled with the National Registry of Legal Entities under CNPJ No. 39.828.030/0001-26, with registered office at Avenida Ayrton Senna da Silva, 200, Room 310, Gleba Fazenda Palhano, Londrina, State of Parana, 86050-460, Brazil, doing business as Nrtly ("Nrtly," "we," "us," or "our").
By accessing the Website, subscribing to our SMS program, or otherwise using the Services, you ("you" or "User") acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Services.
1. Eligibility
You must be at least eighteen (18) years old and have the legal capacity to enter into binding agreements in your jurisdiction in order to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you submit is true, current and accurate.
2. SMS Marketing Program
2.1 Description
The Nrtly SMS marketing program (the "SMS Program") is an opt-in service that delivers marketing, promotional and informational text messages to mobile numbers submitted through our opt-in form. The SMS Program is offered to users with mobile carriers in the United States and Canada.
2.2 Consent
By submitting your mobile phone number and checking the consent box on our opt-in form, you expressly consent to receive recurring marketing and promotional SMS messages from Nrtly, including offers, product updates and special promotions, sent via an automated dialing system to the mobile number you provided. Consent to receive SMS messages is not a condition of any purchase.
2.3 Message Frequency
Message frequency may vary depending on your activity and the campaigns running at the time. You should not expect to receive messages on a fixed schedule.
2.4 Message and Data Rates
Standard message and data rates from your wireless carrier may apply to each message sent or received. Nrtly is not responsible for any charges imposed by your carrier. Contact your carrier for details about your messaging plan.
2.5 How to Opt Out (STOP)
You may cancel the SMS Program at any time by replying STOP to any message you receive from us. After you send the STOP message, we will send you a one-time confirmation message and you will no longer receive SMS messages from the SMS Program. If you wish to re-subscribe, sign up again as you did the first time and we will resume sending messages to you.
2.6 How to Get Help (HELP)
For help with the SMS Program at any time, reply HELP to any message you receive from us. You may also contact our support team at contact@nrtly.com.
2.7 Supported Carriers
The SMS Program is available on most major U.S. and Canadian wireless carriers. Carriers are not liable for delayed or undelivered messages.
Summary of SMS terms: Recurring marketing messages from Nrtly. Message frequency may vary. Message and data rates may apply. Reply STOP to unsubscribe, HELP for help. Carriers are not liable for delayed or undelivered messages.
3. Acceptable Use
You agree that you will not:
- Submit a phone number that is not your own or that you are not authorized to subscribe;
- Use the Services for any unlawful purpose, or in violation of any local, state, national or international law;
- Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems or networks;
- Reverse engineer, decompile or otherwise attempt to derive source code from the Website or Services;
- Use any automated means to access the Website or extract data from it.
4. Intellectual Property
The Website and all of its contents, including but not limited to text, graphics, logos, icons, images and software, are the exclusive property of Nrtly or its licensors and are protected by Brazilian and international copyright, trademark and other intellectual property laws. You may not copy, reproduce, modify, distribute or create derivative works without our prior written consent.
5. Third-Party Links
The Website may contain links to third-party websites or services. These links are provided for your convenience only. Nrtly does not control and is not responsible for the content, accuracy or practices of any third-party site, and we encourage you to review the terms and privacy policies of any third party you interact with.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NRTLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NRTLY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100.00).
8. Indemnification
You agree to indemnify, defend and hold harmless Nrtly and its officers, directors, employees, agents and affiliates from any claim, demand, loss, liability or expense (including reasonable attorneys' fees) arising out of (a) your breach of these Terms, (b) your violation of any law or the rights of a third party, or (c) your use of the Services.
9. Modifications
We reserve the right to update or modify these Terms at any time, in our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.
10. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including without limitation if we believe you have violated these Terms.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Federative Republic of Brazil, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of the City of Londrina, State of Parana, Brazil, and you irrevocably submit to the jurisdiction of those courts. For users located in the United States, nothing in this section shall be construed as a waiver of any non-waivable consumer protection rights you may have under the laws of your state of residence.
12. Contact
For questions about these Terms, please contact us:
NRT Servicos Administrativos LTDA (d/b/a Nrtly)
Avenida Ayrton Senna da Silva, 200, Sala 310
Gleba Fazenda Palhano, Londrina, Parana, 86050-460, Brazil
CNPJ: 39.828.030/0001-26
Email: contact@nrtly.com