Upside Wireless :: International Business SMS Solutions
Upside Wireless
 
UPSIDE WIRELESS Text Messaging
 
Global two-way messaging provider, enabling businesses and individuals to connect efficiently, effectively, anywhere.
 

Terms of Service

TEXT MESSAGING SERVICE
Provided by Upside Wireless Inc. is an Incorporated Company in British Columbia, Canada

ACCEPTANCE
When you sign up with our Service, you automatically confirm that you accept any and all terms in this agreement.

DESCRIPTION OF SERVICE
Upside supplies you with a set of web and application programming services that allow you send and receive text messages worldwide for commercial, personal or marketing purposes.

This is NOT a free service. All messages require a certain number of credits to be processed. All accounts/services require pre-payment before they can be used.

REGISTRATION - QUALITY OF DATA
The information that you state to us when you register must be updated, correct and complete. Please note that accounts with invalid information (for example e-mail account, name or country) may be deleted as our sole discretion, together with all associated information. It is your responsibility to make sure that your information is up-to-date.

SUBSCRIPTION ACCOUNTS
Subscription accounts (including VirtualSMS) enable account holders to send and receive SMS messages at preferential terms. The payment for a subscription is executed monthly on the day the subscriber first joined the program. Subscriptions can be cancelled under the following terms:

  1. Subscription privileges stop at the time of cancellation
  2. No refunds for subscriptions will be issued under any circumstances
  3. Any unused messages expire at the end of subscription
To cancel your subscription, please login to your account and click on the Contact Us link. Then request that the subscription be cancelled. Please note that it takes 3-5 business days to complete cancelation request.

USAGE
This account is supplied to you by Upside and must not be used for criminal purposes or in a way that disturbs other users or intrudes on other persons or on their property. You are responsible for ensuring that the information you provide using our services is legal and in accordance with normal morals and the general ethics which apply on the Internet. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation, distribute pornographic content or pornographic pictures or pictures/content which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting.

If using the Service to enable messaging to people other than yourself, user generated traffic is not allowed.

IMPORTANT: Unless your account has an approved Short Code you cannot use the service to send ANY marketing or advertising messages. You cannot use VirtualSMS to send marketing or advertising messages.

If using service to send promotional/advertising/marketing messages you are not allowed to send messages outside of 8 AM - 8 PM time window in the time zone where the recipient of the message resides. It is your responsibility to determine appropriate time window of sending based on the area code of the recipient.

In case of violation of any of the above usage conditions your account may be permanently suspended or canceled without warning of any kind. It is therefore your sole responsibility to monitor and filter traffic before submitting it to our service. 

API CONNECTIVITY
If your account has API connectivity, you can use the API to initiate sending of text messages that comply with this terms of service. You can have one connection to our service at any time. Attempting to make multiple API connections will suspend your account indefinitely.

RESELLERSMS
If you purchase our ResellerSMS account for the purpose of offering commercial two-way text messaging communication to mobile devices to your customers you can:

  • Create and manage sub-user accounts
  • Customize appearance of web pages presented to you and your sub-users
  • Run marketing promotions to your sub-users
  • Determine pricing plans and charge your sub-users for the messaging service

You will be expected to have a Privacy Policy that is in accordance with governing privacy laws. Please view our Privacy Policy here.

SHORT CODE
You can purchase one or more short code for conducting commercial and marketing services in USA and Canada. Apart from the obligations stated in this document you will also be subject to the terms of service from the issuing agency (in Canada - Canadian Wireless Telecom Association - CWTA, in USA - CTIA Wireless Association). You can use the short code only in strict compliance with the terms of your application submitted to and approved by CWTA/CTIA. You must also ensure that your application handles STOP and HELP keywords as required by CWTA/CTIA (please contact us for detailed instructions on this). Your short code may be audited at any time and may be suspended due to non-compliance.

VIRTUALSMS
If your account has one or more VirtualSMS numbers they can be used to receive messages from mobile phones. They can also be used to send messages to machines (M2M messaging), enterprise alerting and messaging (for example to send messages to employees within a company), business alerts and/or information and intra-company messaging. VirtualSMS CANNOT BE USED TO SEND MESSAGES THAT HAVE MARKETING OR ADVERTISING CONTENT. Similarly, VirtualSMS cannot be used to send messages to perons unknown to you, nor to provide person-to-person (for example web site to mobile) or anonymous messaging.

SENDING TEXT MESSAGES TO FIXED LINES/ANSWERING SERVICES
Upside provides services for sending text messages to and from mobile (cell phones). Some countries (notably USA and Canada), allow sending of text messages to non-mobile phones (fixed lines or answering services). Delivery to such services is treated as premium messages - however, based on the mobile phone we cannot tell the difference between a mobile phone and fixed line. This means that we will send your messages and if it turns out that the number to which you sent the message is premium priced your account will be charged 10 credits per message. It is your responsibility to filter messages before sending them should you not want to send messages to Fixed lines/answering services.

SPAM
You can send messages ONLY to people who have explicitly expressed interest to receive messages from you. All other messages are treated as SPAM.

Upside Wireless Inc. will immediately terminate and delete your account if it believes that the account or any of its sub accounts is or has been used for SPAM or unsolicited bulk messaging.  Upside is bound to deliver a valued service and will NOT tolerate SPAM (sending of unsolicited message) of SMS, MMS, EMS or email messages and/or ANY other kind of messages. You, or users of your sub accounts, are NOT permitted to send SPAM. If you do send mass SMS, MMS, EMS or email messages using Upside's services, you MUST comply with the CAN-SPAM, anti-spam legislation laid down by European Union (7(1) of Directive 2000/31/EC, by Articles 6 and 7) or any other anti spam legislation in other jurisdictions. Failure to do so will result in immediate and irrevocable termination of your account. Upside's refund policy for accounts that are suspected of SPAMMING is VOID and NO refunds will be issued.

Please note that neither unsolicited messages nor any other messages that are in breach of US or international laws may be sent via the Service and that any consequences arising from the breach of US or international laws will be born by you. Upside Wireless Inc. does not assume any responsibility for the content of the messages you send via its platform. We hereby underline your responsibility:

The client undertakes that it will not knowingly use Upside's services for any illegal, immoral or improper purpose or in any manner which contravenes the law or regulatory requirements of the appropriate jurisdiction or knowingly in any way which is indecent or offensive or in any way that could be considered as Spamming, and undertakes not to allow any third party to do so. The client explicitly confirms that for each SMS-MT it sends to Mobile Subscribers via Upside services/platforms, the client has the prior consent of the recipient of each message before the message is sent.

Since penalties can be drastic, it is in your best interest to closely obey all laws and regulations.

CUSTOMER SUPPORT
Any customer support issues are to be logged through the Contact Us link in your on-line account. This enables our customer support team to prioritize and assign your request to the most appropriate resolution team. We offer 2 hour response during regular business hours (8 AM - 6 PM, Monday to Friday, Pacific Time) and 8 hour response time off-hours.

SYSTEM MAINTENANCE
Upside Wireless Inc. maintains computer equipment and software to ensure the highest level of service. Any scheduled maintenance is announced on the landing page of your on-line account no less than 10 days ahead of time. Any urgent scheduled windows are announced by email - to the registered email address in your account.

INTEROPERABILITY
The ability to send and receive SMS messages is subject to subscriber contracts, roaming agreements and billing configuration. Due to the nature of the global SMS network, roaming and interoperability status, status of handsets at the time of sending as well as our ability to deliver your messages to or from any network may change without notice.

We do NOT guarantee that messages you send using our service will be delivered.

QUALITY OF SERVICE
You use your account and information from the Internet entirely at your own risk. Upside Wireless Inc. does not take responsibility for: (a) that the service will be without faults or delays, (b) any effects on your life when you use your account or download anything from the Internet or (c) for goods, services or transactions using your account.

CANCELLATION AND REFUNDS
You can request that your account/service be cancelled at any time. No refunds can be issued under any circumstances.

CREDIT EXPIRATION
Unused messaging credits expire 120 days after the day of purchase.

DATA RETENTION
The information you provide is stored for a minimum of one year. If you use our service to process messages are also stored for one year, after which time they may be archived. If you use external applications to process messages (apply business logic that are received/sent), messages will not be stored in our system.

INACTIVE/DORMANT ACCOUNTS
An account becomes dormant after 90 days if inactivity. All data in the account may be deleted at this time or at any time thereafter. An account becomes inactive after 180 days of inactivity at which time or any time thereafter the account may be deleted. Once deleted an account or data in it cannot be restored.

PRIVACY
Your correspondence is your own private property. Upside Wireless Inc. takes no responsibility whatsoever for the content in the correspondence of its members. Nor does it take any responsibility whatsoever for activities that may take place as a consequence of communication via Upside's sites. Upside will not read, change, destroy or forward the contents of your correspondence, unless entitled to do so by this agreement or forced to do so by law, regulation or any extraordinary circumstance. Please read more on our privacy policy here.

INTEGRITY
Protect and change your password often. You are responsible for your account and your password. Upside will not be responsible for any loss you may experience from someone accessing your account.

CLOSURE OF SERVICE
Upside Wireless Inc. may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 3 months, if (c) you do not follow the terms stated in this agreement, (d) the use of your account contravenes the law or the conditions in this agreement, (e) there is reasonable suspicion that a crime has been committed, (f) if you do not maintain a valid e-mail address or (g) if there is a suspicion that you used your account to send SPAM. Upside Wireless Inc. may also limit some of the functionality available to you if you do not logon to your account for more than 15 days. Upside Wireless Inc. also retains the right to close Upside text messaging services at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or any other events.

WARRANTY, RESPONSIBILITY FOR FAULTS, ETC.
The services are provided on an -as is- basis with no warranty implied or explicit. Upside Wireless Inc. is also not responsible in any way for the content or the delivery of the messages which the User has sent or received via the Services.

INDEMNIFICATION
You agree to indemnify and hold Upside Wireless Inc., its parents, subsidiaries, affiliates, officers and employees, harmless for any claim, demand, or damage, asserted by any third party due to or arising out of your use of or conduct on the system. The Service is provided without any guarantees explicit or implied.  
Upside Wireless Inc. is not responsible for direct, indirect or other damage suffered by the User or a third party as a result of using the Service, faults in the Service or interruption to or termination of the Service.

COPYRIGHT
COPYRIGHT. This web site, the web site technology and all content from time to time displayed by Upside Wireless Inc.  on the web site (the Web site) are the property of Upside Wireless Inc. The Web site and all services offered are protected by Canadian and international law and conventions for the protection of industrial and intellectual property rights. You may not, without expressed permission from Upside Wireless Inc., copy or to the public display the Web site or the Web site in part or parts. You also may not mirror the Web site on your home page. Your use of the Web site does not create a license or any other rights in Upside Wireless Inc.'s trademarks, services, copyrights, or any other intellectual property or proprietary rights.

DISAGREEMENTS
This agreement shall be governed by and construed in accordance with laws of province of British Columbia, Canada. In case of a dispute, you agree to submit yourself to the jurisdiction of courts of British Columbia, Canada.

CHANGES IN THIS AGREEMENT
Upside Wireless Inc. reserves the right to alter the terms of this agreement. By continuing to use this service, you accept the new wording of the membership terms. It is therefore in your interest to keep yourself updated on the membership terms.