UpCentral

Terms of Service

Last Updated: June 4, 2024

Who We Are

UpCentral is a company registered in Nevada, operating the website upcentral.io. These Terms of Service govern your use of our services and establish the legal agreement between you and UpCentral.

Prohibited Uses of UpCentral Services

Misrepresentation of Identity

Users are strictly prohibited from misleading recipients about the sender's identity or the origin of any communication. All messages sent through our platform must clearly and accurately represent who you are and your business.

Unauthorized Data Collection

Users must not harvest, collect, or gather information about third parties, including email addresses, phone numbers, or any other personal data, without their explicit consent. This includes but is not limited to:

  • Scraping contact information from websites
  • Purchasing or using unauthorized contact lists
  • Collecting data through deceptive means

Service Use Guidelines

UpCentral services are intended for regular business use, not high-volume commercial messaging. Our platform is designed to facilitate genuine business communications and customer relationships. Users must not use our services for:

  • Mass marketing campaigns
  • Spam or unsolicited bulk messages
  • Automated high-volume calling or texting

Messaging Policy

To maintain the integrity of our service and comply with carrier requirements, all users must adhere to the following messaging guidelines:

  • Obtain Consent: You must have explicit consent before sending the first message to any recipient
  • Identify Yourself: Clearly identify yourself and your business in all communications
  • Provide Opt-Out: Include a clear opt-out mechanism in your messages (e.g., "Reply STOP to unsubscribe")
  • Comply with Regulations: Follow all carrier partnership rules and applicable messaging regulations

Calling Credits

Calling credits purchased or included with your plan are subject to the following terms:

  • Credits have no cash value and cannot be exchanged for money
  • Credits are non-transferable between accounts
  • Unused credits roll over to the next billing period while your account remains active
  • Credits expire upon account cancellation or termination

Limitations and Covenants

Indemnification

You agree to indemnify, defend, and hold harmless UpCentral, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from your use of our services or violation of these Terms.

Limitation of Liability

UpCentral's total liability to you for any damages shall not exceed $500 (five hundred dollars). This limitation applies regardless of the legal theory upon which the claim is based.

Exclusive Remedy

Your exclusive remedy for dissatisfaction with the service is to stop using the service and request a refund of service charges in accordance with our Refund Policy.

Consequences of Breaching This Policy

Violation of these Terms of Service may result in one or more of the following actions:

  • Warning: First-time or minor violations may result in a warning
  • Account Suspension: Temporary suspension of your account and services
  • Account Termination: Permanent termination of your account without refund
  • Legal Action: We reserve the right to pursue legal remedies for serious violations

Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes via email or through our platform. Continued use of our services after such modifications constitutes acceptance of the updated Terms.

Governing Law

These Terms of Service are governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Nevada.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: hello@upcentral.io
Address: 7181 N. Hualapai Way, Suite 130 - 884, Las Vegas, NV 89166, United States