Terms of Service


Last updated Jun 4, 2024



This Acceptable Use Policy ("Policy") is part of our __________ ("Legal Terms") and should therefore be read alongside our main Legal Terms: __________ . If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.

Please carefully review this Policy which applies to any and all:

(a) uses of our Services (as defined in "Legal Terms") and
(b) forms, materials, consent tools, comments, post, and all other content available on the Services ("Content")


WHO WE ARE

We are UpCentral ("Company," "we," "us," or "our") a company registered in Nevada , United States at, Las Vegas , NV 89166 . We operate the website https://upcentral.io (the "Site"), as well as any other related products and services that refer or link to this Policy (collectively, the "Services" ).


Prohibited Uses of UpCentral Services

Misrepresentation of Identity:
It is strictly prohibited to mislead recipients regarding the sender’s identity or the origin of communications. This includes creating false caller IDs (e.g., spoofing), forging addresses or headers, or using any fraudulent technical measures to misrepresent the sender’s identity or the source of messages.


Unauthorized Data Collection or Bulk Messaging:
Users must not harvest or collect information about third parties or end users without their explicit consent. Additionally, sending unsolicited bulk communications or spam through UpCentral’s services is prohibited.


Excessive or Unauthorized Use:
UpCentral’s services must be used in a manner consistent with reasonable business practices. Excessive or unauthorized use that interferes with, disrupts, or harms UpCentral’s systems, networks, or services is not allowed. This includes actions that inhibit normal operation or compromise service quality.

Circumventing Security or Compliance Measures:
Attempting to bypass, exploit, disable, or defeat security mechanisms or compliance measures is strictly forbidden. This includes circumventing any limitations or restrictions put in place to protect the integrity of UpCentral’s services and compliance with applicable laws.

Interception or Monitoring of Communications:
Users may not intercept, monitor, decrypt, capture, modify, or redirect any communications or data transmitted through UpCentral’s services for any unauthorized purpose.

Unsolicited Marketing Calls:
Making unsolicited marketing calls is prohibited unless you have obtained explicit consent from the person receiving the call. UpCentral strictly enforces compliance with applicable laws and guidelines regarding telemarketing and consent-based communication.


Service Use Guidelines for Business Communication

UpCentral’s services are intended for regular business use and are not designed for high-volume commercial messaging or call center operations. The following activities are prohibited:

Automated Calling and Messaging:
  • Using auto-dialing, predictive dialing, or other automated systems to send calls or messages.
  • Forwarding UpCentral phone or fax numbers to systems that handle multiple simultaneous calls (e.g., private branch exchanges or key systems).

Inconsistent with Human Operation:
  • Automating the use of UpCentral’s services (e.g., desktop automation tools).
  • Sending voice calls or text messages indicative of phishing, spam, or other unauthorized content.
  • Violating SMS/MMS content policies, including sending inappropriate, fraudulent, or unsolicited messages.


USE OF THE SERVICES

When you use the Services you warrant that you will comply with this Policy and with all applicable laws.

You also acknowledge that you may not:
  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Engage in unauthorized framing of or linking to the Services.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Use of our Service in a manner that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
  • Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.
  • Impersonation of corporations, organizations, or authorities, which may be classified as phishing activities, is strictly prohibited.
  • Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
  • Attempt to impersonate another user or person or use the username of another user.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ( "gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
If you subscribe to our Services, you understand, acknowledge, and agree that you may not, except if expressly permitted:
  • Engage in any use, including modification, copying, redistribution, publication, display, performance, or retransmission, of any portions of any Services, other than as expressly permitted by this Policy, without the prior written consent of UpCentral , which consent UpCentral may grant or refuse in its sole and absolute discretion.
  • Provide, or otherwise make available, the Services to any third party.
  • Intercept any data not intended for you.
  • Damage, reveal, or alter any user's data, or any other hardware, software, or information relating to another person or entity.


INTERNAL CUSTOMER ACTIVITIES

UpCentral has no obligation to assist in or mediate any dispute between Customer representatives or between the Customer and any third party regarding the ownership or control of any Account or Account Data. All information within UpCentral’s records regarding the ownership or control of an Account or Account Data, services ordered, and numbers assigned to an Account will be definitive and controlling for the purposes of administering the Account. In the event of any such dispute, UpCentral may take any course of action it deems appropriate based on the information available, which may include declining to take any action.

By using our services, you agree that UpCentral can access your Account and related data for any purpose. However, UpCentral has no obligation to access your Account, Account Data, or any Customer Content for any specific purposes beyond providing our services. Our services do not include investigation, review, verification, production, compilation, modification, or any similar services for any Account Data or Customer Content. Additionally, our services do not include the provision of any legal, accounting, or other professional services.


MESSAGING POLICY

Messaging Policy. UpCentral.io treats all messaging transmitted via our Service as Application-to-Person ("A2P") messaging. All A2P messages originating from UpCentral.io are subject to this Messaging Policy. Customers are responsible for any person to whom they provide the ability to send messages through UpCentral.io.

Consent/Opt-in Requirements. Before sending the first message to each recipient, Customers must obtain consent from the recipient to communicate with them. Customers must clearly inform the recipient that they are agreeing to receive the types of messages the Customer plans to send. If the initial message is not sent to the recipient within a reasonable period after receiving consent, the Customer must reconfirm consent in the first message sent to that recipient. Consent is limited to the specific use or campaign for which the recipient has consented. Customers may not send additional messages about other uses or campaigns unless they have received consent from the recipient for those additional messages. Customers must keep a record of each consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the recipient completed a sign-up flow.

Identifying the Sender. Every message sent by Customers must clearly identify the sender as the party that obtained the consent/opt-in from the recipient, except in follow-up messages of an ongoing conversation.

Opt-out Requirements. The initial message sent to a recipient must include the following language: "Reply STOP to unsubscribe" or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Customers must provide recipients with the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, Customers may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are prohibited.

Opt-out Requirements. The initial message sent to a recipient must include the following language: "Reply STOP to unsubscribe" or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT. Customers must provide recipients with the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, Customers may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are prohibited.

Carrier Partnership and Compliance.C UpCentral.io partners with Twilio as the underlying carrier for messaging and voice traffic. Therefore, UpCentral.io adheres to all of Twilio's acceptable use policies. Customers agree to abide by the rules set forth by Twilio, including but not limited to the forbidden message categories and use cases outlined in Twilio's policy. For more details, refer to Twilio's Forbidden Message Categories.


LIMITATIONS AND COVENANTS

You agree to defend, indemnify, and hold harmless UpCentral (including UpCentral's affiliates and representatives) from any expenses, liabilities, judgments, claims, or legal actions arising from or connected with your use of UpCentral's services. This includes attorney fees incurred by UpCentral for obtaining legal representation. UpCentral's entire liability and your exclusive remedy for damages due to performance or non-performance of UpCentral, regardless of the form of action, whether in contract or tort (including incidental damages such as loss of business profits, business interruption, loss of business information, and similar claims), shall be limited to a refund of the charges specifically related to the performance or non-performance. For any other claims or liabilities, including those arising from negligence or willful misconduct by UpCentral, UpCentral's liability shall not exceed $500 in total.


CONSEQUENCES OF BREACHING THIS POLICY

The consequences for violating our Policy will vary depending on the severity of the breach and the user's history on the Services, by way of example:

We may, in some cases, give you a warning, however, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety.

We exclude our liability for all action we may take in response to any of your breaches of this Policy.


HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have any further questions or comments, you may contact us by:

Phone: (702) 827-0550
Email: support@upcentral.io