Terms of Service

We're LIFT Collaborative ("we", "us", or "our"), a nonprofit organization registered in Colorado, USA, and these Terms and Conditions (our "Terms") form a legally binding agreement between you and us.

Key Definitions

"Services" means all services provided by us that link to these Terms, including our website; and the content provided, generated, or made available for or in relation to our Services (our "Materials").

"You" ("your", the "customer", or the "user") means any individual using our Services, including any employees, agents, contractors, or other persons accessing our Services with your authorization.

"Using our Services" means interacting with our Services in any way, including: accessing, browsing, providing or transmitting any other information, content, materials, or instructions through our Services, integrating with our Services, or doing so directly or through automated tools, scripts, software, or third-party applications.

Agreement to These Terms

By using our Services, you agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced within, which are expressly incorporated into these Terms. If you do not agree, you may not use our Services.

Our Services are intended for users aged 18 or older, or above the age of majority in their jurisdiction, whichever is higher. Persons below this age may not use our Services. If we become aware that a user is below the required age, we may suspend or terminate their access to our Services immediately and without liability.

By using our Services, you acknowledge and agree that:

• you are at least 18 years old (or the age of majority in your location, whichever is higher);
• you have the legal capacity to enter into these Terms, and if you are representing an organization or other legal entity, you have the authority to bind that entity;
• the information you provide to us is, and will remain, accurate, complete, and current;
• and you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive sanctions or embargoes, and you are not a blocked, denied, or otherwise restricted party under applicable sanctions or export control lists.

If you do not meet these requirements, you must not use our Services.

Conditions of Use

By using our Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer any Materials, software, or content provided through our Services, without prior written permission from us.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notations on any Materials, software available through our Services.
• Transfer, distribute, or "mirror" any part of our Services' Materials to another server or person without explicit authorization from us.
• Use our Services in a manner that knowingly or negligently disrupts or abuses our networks or any other services provided by us.
• Transmit, distribute, or post any harassing, indecent, obscene, fraudulent, or unlawful material through our Services.
• Use our Services in violation of any applicable local, state, national, or international laws or regulations.
• Engage in unauthorized advertising or spam activities using our Services.
• Harvest, collect, or gather user data without the explicit consent of the user or in violation of our Privacy Policy.
• Use our Services in a manner that infringes, misappropriates, or violates the privacy rights, intellectual property rights, or other rights of our company or any third party.
• Use automated scripts or technologies, including bots or data mining tools, to access, scrape, or extract data from our Services without explicit consent from us.
• Attempt to gain unauthorized access to any portion of our Services or any related systems or networks.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services, or which, in our judgment, exposes our company or any of its users to any liability or detriment of any kind.
• Access, use, export, re-export, transfer, or otherwise make available our Services or any underlying software, technology, or content in violation of any applicable export control, trade, or economic sanctions laws.
• Hide or misrepresent your identity, including by using false names, impersonating others, or concealing your status as a sanctioned or restricted party.
• Take advantage of any feature or functionality that a reasonable person would consider to be an obvious omission, bug, or error.
• Attempt to circumvent or bypass any functionalities, restrictions, usage limits, paywalls, geo-restrictions, or access features of our Services.

Failure to comply with these limitations may result in the suspension or termination of your access and rights to our Services, as well as any other legal remedies available to us.

Changes to Our Terms

We reserve the right to amend, remove, or vary these Terms at any time. Non-material changes may be effective immediately. For material changes, we may require you to re-accept the Terms to continue using our Services. We will provide you with reasonable notice as legally required, by any reasonable means, and such changes will become effective after the notice period. Changes required by applicable law or emergency may take effect immediately regardless of materiality.

Your continued access to or use of our Services after the effective date of any modifications constitutes your acknowledgment of and agreement to be bound by the revised Terms.

Your Statutory Rights

Every clause in these Terms applies in full, except where a mandatory provision of applicable law requires otherwise. Nothing in these Terms limits, excludes, or modifies any mandatory rights, protections, or remedies you may have under the laws that apply to you.

Service Updates and Changes

We may update, modify, or improve our Services from time to time. These updates may include technical adjustments, security enhancements, performance improvements, changes to features, or adaptations required to comply with legal or regulatory requirements. We reserve the right to implement updates at any time and for any reason, whether temporarily or permanently, with or without notice, and without liability to you or any third party, to the maximum extent permitted by applicable law.

You acknowledge that our Services may contain errors, bugs, or interruptions. We have no obligation to provide notice of, or correct, update, modify, maintain, or repair any aspect of our Services, except as required by applicable law.

Discontinuation

We reserve the right to suspend or discontinue all or part of the Services where reasonably necessary for legal, security, operational, or business reasons. Where practicable, we will provide reasonable notice before discontinuing a Service.

Temporary Interruptions

We aim to keep the Services available and reliable. However, the Services may occasionally be unavailable due to scheduled maintenance, updates, technical issues, or circumstances beyond our reasonable control. We are not liable for any loss or damage arising from temporary interruptions to the Services, to the maximum extent permitted by applicable law.

Data Processing

By accessing our Services, you acknowledge our collection and analysis of usage metrics, service interaction patterns, and operational data across our user base in accordance with our Privacy Policy and applicable data protection laws. We may aggregate and anonymize this information for analytical purposes, research, product development, and industry insights. All such aggregated and anonymized data, once processed to remove identifying characteristics, becomes our proprietary information and may be utilized, disclosed, or published at our discretion. This aggregated data will not include information that could reasonably identify you as an individual user. Additionally, we reserve the right to leverage non-identifying information you provide through the Services to enhance functionality, promote our services, optimize user experience, and refine our service offerings.

SMS/MMS Communications

From time to time, we may send you informational Communications via SMS, MMS, email, and voice calls (collectively, "Communications"), but only if we have your prior express consent, which you may withdraw at any time. We do not charge any fees for these Communications; however, message and data rates may apply, as determined by your mobile carrier.

We will not share or sell your mobile phone number or your SMS opt-in consent data with third parties or affiliates for their marketing or promotional purposes. For details on how we collect and handle your personal information, please see our Privacy Policy.

Consent to Communications

By providing us with your mobile phone number and/or opting in to receive Communications from us, you expressly consent to receiving our Communications at the mobile phone number you provided, and you acknowledge and agree that:

• you are at least 18 years old;
• you have the authority to provide consent;
• consent is not required as a condition of purchasing any goods or services from us, except where such Communications are necessary for transaction completion or account security;
• you are the owner or primary user of the mobile phone number provided;
• and our mobile carrier may impose its own restrictions on automated messaging;

Opting Out of SMS/MMS Communications

To opt out of our Communications at any time, reply with "STOP" or "UNSUBSCRIBE" to any text Communications we send you.

After opting out, you should receive one final confirmation that you have opted out of Communications. There may be a short delay while we process your request(s), during which you may continue to receive messages.

If you have multiple numbers registered with us, you must opt out for each number separately. If you change your mobile phone number, you must notify us immediately to prevent messages from being sent to your old number.

For help with our text Communications at any time, reply "HELP" to any message we send you, or contact us using the contact details at the base of these Terms.

Intellectual Property

We retain sole ownership of all intellectual property ("IP") rights in and to our Services, our Materials, and any proprietary rights inherent in and to our Services. These rights are protected by international intellectual property laws and treaties and apply worldwide.

Nothing in these Terms shall be interpreted as transferring to you any rights, interest, or title in our company or Services, except as explicitly stated in these Terms.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services solely for your personal or internal business purposes.

All rights not expressly granted to you are reserved by LIFT Collaborative and its licensors.

Use of Our Brand and Materials

If you publicly publish or distribute materials generated by or exported from our Services, you must include reasonable attribution to us, such as a visible credit or link to our website, unless we provide specific attribution guidelines, in which case those guidelines apply.

You may refer to our company name and brand in a factual and truthful manner. You must not use our name, logo, trademarks, or other brand assets in any way that implies endorsement, sponsorship, or affiliation with us without our prior written consent.

Copyright Infringement Notice

We respect the intellectual property rights of others, and we ask that everyone using our Services does the same. If you believe that your work has been reproduced on our Services in a way that constitutes copyright infringement, please let us know using the contact details at the base of these terms.

By submitting a copyright infringement claim, you acknowledge that making a false claim could make you liable for any resulting damages under applicable law. If you're unsure whether your claim is valid, we recommend that you seek legal advice before proceeding.

User-Generated Content

"User-Generated Content" refers to any content, materials, information, feedback, ideas, suggestions, feature requests, reviews, or communications that you submit, post, upload, share, or otherwise provide to us or through our Services, whether publicly or privately.

By submitting User-Generated Content to us or through our Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy. This includes, without limitation, the right to use feedback, ideas, suggestions, and feature requests to develop, improve, and promote our Services without any obligation or compensation to you.

You retain your intellectual property ownership rights over your User-Generated Content. By submitting User-Generated Content, you represent and warrant that you own or have the necessary rights, licenses, and permissions to grant the license above, and that your content does not infringe, misappropriate, or violate the rights of any third party.

We reserve the right to review, edit, refuse, or remove any User-Generated Content at our sole discretion and without notice.

Accuracy of Materials

We aim to ensure that all information found on our Services is accurate and up to date. However, occasional errors, inaccuracies, or omissions may occur. We reserve the right to correct such errors and update information at any time. We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Artificial Intelligence (AI) Policy

From time to time, our team may use Artificial Intelligence ("AI") to support the provision, improvement, or operation of our Services. Where we do so, we process data and deploy such systems in accordance with applicable laws and regulatory requirements.

We use AI for:

• Code generation

By using our Services, you acknowledge and agree to our use of AI.

Our Commitment to the Responsible Use of AI

When AI is involved, we put humans in charge of the important decisions. We protect the information that flows through our systems and regularly check our tools for errors, bias, or unintended side effects.

We do not, and will not, use AI technologies for:

• any purpose that violates applicable laws or regulations;
• any use that poses an unacceptable or disproportionate risk to the rights or safety of any natural person;
• social scoring or influencing behavior in harmful or exploitative ways;
• real-time biometric identification in publicly accessible spaces for surveillance, except where expressly permitted by applicable law for legitimate public safety purposes;
• emotion recognition or biometric categorization in employment, education, or any other context where such use could result in discrimination or unfair treatment, unless expressly permitted by applicable law;
• systems intended to deceive or manipulate individuals through subconscious techniques or by exploiting age, disability, or other vulnerabilities;
• or any application that infringes upon your fundamental human rights, dignity, or freedoms as recognized by international standards;

Accessibility Statement

We are committed to ensuring that our Services are accessible to everyone. This includes making an active and ongoing effort to remove accessibility barriers from our Services and to maintaining our compliance with global accessibility standards and regulations.

To guide us in making our Services more inclusive and accessible, we follow the Web Content Accessibility Guidelines (WCAG 2.2) level AA, with which we strive to comply as best as possible.

As our Services evolve, new content or updates may unintentionally introduce accessibility issues that we are not yet aware of. We actively monitor our Services to identify and resolve such issues. If you encounter an accessibility barrier, please let us know using the contact details at the base of these Terms.

How to Send Us Accessibility Feedback

Please send all accessibility feedback to our team using the contact details at the base of these Terms. You can share a description of the accessibility barrier you encountered, the specific webpage or URL where it happened, details about your device and any assistive technology you're using (if relevant), and anything else you think might help us understand and fix the problem. We will respond to you as quickly as possible.

Links

We may provide links to third-party websites, applications, or resources ("Linked Sites") for your convenience. However, we don't control, review, monitor, or endorse these Linked Sites or their content, and we can't make any promises about their availability, accuracy, reliability, or suitability. When you access and use Linked Sites, you're doing so at your own risk, and we won't be responsible for any damages or losses that arise from your use of or reliance on any Linked Site.

We reserve the right to remove or disable links to any Linked Site at any time without notice or liability. When you access any Linked Site, you acknowledge that you're leaving our platform and that different terms of use and Privacy Policies may apply to your use of those Linked Sites.

Events Outside Our Control (Force Majeure)

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by circumstances outside our reasonable control ("Force Majeure Events"). Force Majeure Events include, but are not limited to, acts of God, natural disasters, internet outages, cyberattacks, strikes, and failures of third-party services.

Miscellaneous

Severability

If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be deemed removed to the extent necessary, and the remaining provisions shall remain in full force and effect.

If the removal of a provision materially affects the balance of rights and obligations under these Terms, we may amend the affected provision to the extent necessary to make it lawful, while preserving its original purpose as closely as possible.

Waiver

No waiver of any breach, default, or right under these Terms shall be effective unless expressly made in writing and signed by an authorized representative of the waiving party. Our failure or delay in exercising any right or remedy under these Terms shall not operate as a waiver, impair future rights to strict performance, or affect any other available rights or remedies.

Entire Agreement

These Terms, together with our Privacy Policy and any mandatory pre-contractual information, form the agreement between you and us regarding our Services. They replace any prior discussions or communications relating to the same subject matter.

Nothing in these Terms limits or excludes any rights you have under applicable consumer protection, unfair commercial practices, or data protection laws. If any information we provide to you before entering into the contract is required by law to form part of the contract, it will remain binding.

We may update these Terms in accordance with the "Changes to Our Terms" section. We are not bound by any other term or condition you propose in any correspondence, purchase order, or document, regardless of whether we expressly object to it. Any other changes must be agreed in writing.

Notices

You may contact us at any time using the contact details at the base of these Terms. Where these Terms require notice in writing, email is sufficient unless mandatory law requires another method. A notice is considered received when it is sent, provided there is no indication that delivery has failed.

Assignment

You may not transfer your rights or obligations under these Terms to another person without our prior written consent, unless such transfer is permitted by applicable law.

We may transfer our rights and obligations under these Terms to another company, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. If we do so, we will ensure that your rights under these Terms are not reduced as a result of the transfer. Where required by law, we will inform you of such transfer.

Interpretation

In these Terms, "including" means "including but not limited to."

The authoritative version of these Terms is the original English (US) version, which shall prevail over any translation in the event of a conflict. Any translations are provided purely for convenience, and we are not responsible for errors or inconsistencies in them.

Headings in these Terms are for convenience only and do not affect the interpretation of any provision.

Survival

Any provision of these Terms that by its nature or express terms should survive the expiration or termination of these Terms will survive, including any accrued rights and obligations.

Contact Information

Please direct all communications regarding these Terms to:

Stephen D'Amico
steve@LIFTcollab.org
https://www.LIFTcollab.org