Terms and Conditions of Use
Overview. The following terms and conditions shall apply to your use of
each Uppidy, Inc. mobile application downloaded by you. By downloading
and using any Uppidy, Inc. mobile application, you are agreeing to each
and every term and condition contained herein. If you do not accept
these terms and conditions, do not launch or otherwise use the Uppidy
General Provisions. The terms and conditions of use contained herein
constitute the agreement ("Agreement") between you and Uppidy,
Inc. ("Uppidy") with respect to your use of the Uppidy web
site and to each Uppidy application (the "Uppidy Application",
"Uppidy Software" or "Service"). All references
herein to "you" and "your" means you (whether an
individual or corporate entity), your employees, agents, and
contractors, and any other entity who uses an Uppidy Application on a
mobile devise owned or operated by you, all of whom shall also be bound
by this Agreement.
Applications. Uppidy provides mobile solutions to individuals and
companies. The Uppidy Application enables you to retain copies of text
and SMS messages (and all related data) that have been delivered to your
phone in various formats, and to be able to search, print, transmit and
perform other functions in respect to the retained messages.
1. Subject to your compliance with the terms of this Agreement, Uppidy
hereby grants to you a personal, non-exclusive, non-transferable,
limited license to: (i) download or otherwise copy the Uppidy Software
onto your wireless device, and (ii) use the Uppidy Software (in object
code form only) on such wireless device in order to access and use the
2. This license shall terminate upon any termination of this Agreement,
or upon any suspension, termination or cancellation of your access to
the Uppidy Application.
3. Except for the limited license expressly granted herein, Uppidy and
its licensors shall own all right, title and interest in and to the
Uppidy Software and the data provided with the Software, including
without limitation all intellectual property rights therein.
4. You agree not to do any of the following:
a. Reverse engineer, decompile, disassemble, translate, modify, alter or
otherwise change the Uppidy Software, or any part thereof.
b. Attempt to derive the source code, audio library or structure of the
Uppidy Software without the prior express written consent of Uppidy.
c. Remove from the Uppidy Software, or alter, any of Uppidy's or its
suppliers' trademarks, trade names, logos, patent or copyright
notices, or other notices or markings.
d. Distribute, sublicense or otherwise transfer the Uppidy Software to
1. The Uppidy Application may be able to tract your locations. In
addition, it may collect Personally Identifiable Information
("PII"). PII is information that can be directly associated
with a specific person or entity, and may include your name, mobile
phone number, and email address, as well as the name, mobile phone
number and email address of the person who is sending texts to you. The
Uppidy Application may also collect information about your wireless
device type, the name of your wireless carrier, the types of
interactions and transactions you invoke in response to the Uppidy
Application, and your preferences. This is Non-Personally Identifiable
Information ("Non-PII") and this is used to improve the
Service to deliver more relevant content and marketing messages, as well
as to measure the effectiveness of information, content, and promotional
offers. PII and Non-PII information is subject to Uppidy's privacy
policy located at http://www.uppidy.com. Your use of the Uppidy
Application indicates that you accept the terms of Uppidy's privacy
2. You agree that you will not install the Uppidy Application or Uppidy
Software, or allow such installation, on any phone belonging to or being
used a person under the age of 13 unless you are the parent or guardian
of such child. In such event, your installation of the Uppidy
Application and Uppidy Software will constitute your consent If you do
install the Uppidy Application or Uppidy Software on a phone used or
operated by a child under the age of 13, you hereby consent to the
Uppidy Application and Uppidy Software capturing and retaining any such
PPI of the child. You further agree to comply with Uppidy's Privacy
Policy. Furthermore, you agree that Uppidy may treat all such
information as your information.
Compliance with laws, regulations and best practices. You agree to
comply with the following when using the Uppidy Application:
1. To comply with all laws, rules and regulations, as well as all terms
of this Agreement, governing your use of the Uppidy Application, and any
text messages or related data, and to not use the Uppidy application in
any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful
purposes, or in any manner inconsistent with this Agreement.
2. If you are an corporate entity who has installed the Uppidy
application on phones of employees, agents, contractors or other
entities, you will:
a. Notify such person that the application has been installed on such
person's mobile device, and fully explain the capabilities of the
b. Notify such person that all text messages, including both PPI and
Non-PPI, will be captured and retained by you.
c. Adopt a company-wide policy that notifies all employees that the
company has the right to use technology to capture and retain all text
messages and related data on any company mobile device, and that the
company reserves all rights to use and publish all such text messages
and captured data.
d. Provide a copy of such companywide policy to each employee who has a
company phone upon which you have installed the Unity Application. And
e. To otherwise follow all employment related best practices in respect
to the downloading, installation and use of the Unity Application on any
employee phone, and the use of all text messages and related data
retained from each such employee's phone.
3. To consult with counsel as to any legal restrictions that may apply
to you or any employee in respect to the use of the Uppidy Application
and any text messages or other data capture through the use of the
Assumption of Risk.
You understand that various
governmental entities have established laws, rules and regulations
relating to the interception, capture, and use of electronic
transmissions. Uppidy, Inc. does not make any representations or
warranties, implied or express, concerning the legality of your proposed
or actual use of the Uppidy Application in respect to text messages and
other data. You assume all legal risks associated with the use of the
Uppidy Application for the retaining, accessing and/or use of test
messages and related data through the use
To the extent permitted by applicable
law, you agree to indemnify, defend and hold Uppidy and its licensors
(including their respective licensors, suppliers, assignees,
subsidiaries, affiliated companies, and the respective officers,
directors, employees, shareholders, agents and representatives of each
of them) free and harmless from and against any liability, loss, injury
(including injuries resulting in death), demand, action, cost, expense,
or claim of any kind or character asserted by you or any third party,
including but not limited to attorney's fees, arising out of or in
connection with your use of the Uppidy Application or the Uppidy
Software as well as arising from any of the your content.
You are responsible for any fees
assessed by your wireless telephone carrier to access the Uppidy
Application, including any data plan charges, text messaging charges,
tolls, out-of-area roaming, or other telephone connection charges.
Uppidy reserves the right to terminate
your access to and use of the Uppidy Application at any time for any or
no reason and without notice to you.
You may terminate the Uppidy Application by removal of the Uppity
Application and any Uppity Software from your mobile device and any
corporate or non-corporate hosted server.
Upon any termination of your Uppidy Application, Uppidy shall have no
liability to you or any further obligations under this Agreement.
1. You understand that various governmental entities have established
laws, rules and regulations relating to the interception, capture,
retaining and use of electronic transmissions. Uppidy does not make any
representations or warranties, implied or express, concerning the
legality of your proposed or actual use of the Uppidy Application in
respect to the interception, capture, retaining and/or use of the text
messages and other data. You assume and are responsible for all risks
arising out of your use of the Uppidy Application and the Uppidy
Software including, without limitation, all legal risks associated with
the use of the Uppidy Application for the retaining, accessing and/or
use of test messages and related data through the Unity Application.
2. To the fullest extent permissible pursuant to applicable law, in no
event will Uppidy, its licensors and suppliers, or agents or employees
of any of the foregoing, be liable for any decision made or action taken
by you or anyone else in reliance on the information provided by the
Uppidy Application or the Uppidy Software.
3. The Uppidy Application and the Uppidy Software are provided "as
is" and without warranties of any kind either express or implied.
Uppidy disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability, non-infringement and
fitness for a particular purpose.
Some states do not allow limitations on the scope of an implied or other
warranty, or how long an implied or other warranty lasts, so the
limitations above or elsewhere in this Agreement may not apply to you.
Such limitations also may not apply to you because some countries may
not allow limitations in respect to the time or scope that a warranty
(whether express or implied), a guarantee or condition lasts. Further,
any warranty granted by Uppidy does not cover problems caused by you or
any acts or omissions of others, or events beyond the control of
Uppidy's reasonable control.
1. You understand and agree that the Uppidy Software is downloaded to
your wireless device at your own discretion and risk and that you will
be solely responsible for any damages to your wireless device, or loss
of data, that results from the download or operation of such software.
2. Uppidy does not warrant that the Uppidy Application or the Uppidy
Software will not infringe on third party intellectual property rights.
3. Uppidy also does not warrant that your use of the Uppidy Application
will be uninterrupted or error-free. Rather, temporary interruptions of
the Uppidy Application may occur from time to time (such as when you
drive into an area that has no cell phone coverage or when the Uppidy
Application or your carrier's network is undergoing maintenance).
Uppidy will exercise reasonable efforts to attempt to limit or prevent
such occurrences, but in no event will Uppidy be liable for any
financial or other damages due to such interruptions.
4. Uppidy will not be liable to you or anyone else in the event of any
unauthorized infiltration of any of its systems.
Limitation of Liability.
1. To the extent permitted under applicable law, under no circumstances
shall Uppidy or its licensors (or their licensors and suppliers) be
liable to you or anyone else for any loss, injury, or damages (including
but not limited to any compensatory, punitive, special, incidental,
indirect, exemplary or consequential damages) arising out of or in
connection with the use by you or anyone else of the Uppidy Application
or the Uppidy Software, any defects in the Uppidy Application or the
Uppidy Software, or any breach of this Agreement, even if Uppidy or its
licensors have been advised of the possibility of such damages.
2. Uppidy's sole liability for any defects in the Uppidy Application
or Uppidy Software will be that Uppidy will repair or replace the Uppidy
Software at no charge. If Uppidy cannot repair or replace it, Uppidy
will refund the amount paid for the Software. Uppity will also repair or
replace supplements, updates and replacement software at no charge. If
Uppity cannot repair or replace them, it will refund the amount you paid
for them, if any.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above exclusion may not
apply to you.
You agree that any dispute, claim or
controversy arising out of or relating to this Agreement other than an
action by Uppidy for injunctive or other equitable relief, the Uppidy
Application, or the Uppidy Software, shall be settled by independent
arbitration involving a neutral arbitrator and administered by the
American Arbitration Association. The arbitrator shall apply the
Commercial Arbitration Rules of the American Arbitration Association,
and the judgment upon the award rendered by the arbitrator may be
entered by any court having jurisdiction. Note that there is no judge or
jury in an arbitration proceeding and the decision of the arbitrator
shall be binding upon both parties. Except to the extent prevented by
applicable law, you agree that the site for any arbitration proceeding
will be in the county of Howard, Maryland.
These terms and conditions may be modified or changed at any time, with
changes on this page and, if the changes are significant, we will
provide a more prominent notice (including, for certain services, email
device).You should visit http://www.Uppidy.com from time to time to
review the then current terms and conditions for the Uppidy Application.
The revised terms and conditions shall apply to your use of the Uppity
Applications and Uppity Software after the effective date of the
modification or change.
This Agreement and performance hereunder will be governed by and
construed in accordance with the laws of the State of Maryland, You
agree to submit to the exclusive jurisdiction of the courts of the
County of Howard, Maryland in respect to any action filed by Uppidy
against you for equitable or injunctive relief.
This Agreement constitutes the entire agreement between Uppidy and you
with respect to the subject matter hereof.
Uppidy's or your failure to require performance of any provision
shall not affect that party's right to require performance at any
time thereafter, nor shall a waiver of any breach or default of this
Agreement constitute a waiver of any subsequent breach or default or a
waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will
be modified to reflect the intention of the parties, and the remaining
provisions of this Agreement will remain in full force and effect.
You may not resell, license, sublicense, assign, or transfer any of your
rights hereunder. Any such attempt may result in termination of this
Agreement, without liability to Uppidy. Notwithstanding the foregoing,
Uppidy may assign this Agreement to any affiliate or successor company
at any time without notice.
By using the Uppidy Application, you consent to receive from Uppidy all
communications, including notices, agreements, legally required
disclosures or other information in connection with the Uppidy
Application (collectively, "Notices") electronically. Uppidy
may provide such Notices by posting them on Uppidy's website or by
downloading such Notices to your wireless device. If you desire to
withdraw your consent to receive Notices electronically, you must
discontinue your use of the Uppidy Application.
Effective February 4, 2011.
Uppidy, Inc. is a provider of mobile
application services ("Uppidy Application" or "Uppidy
"we," "us," "our," and
"Company," refers to Uppidy, Inc. The term "you"
refers to you (whether an individual or corporate entity), your
employees, agents, and contractors, and any other entity who uses an
Uppidy Application on a mobile devise owned or operated by you as a user
of our services and website. Our mobile application enables you to store
on your mobile device all short message service communications and
related data ("SMS Messages") that are sent and received by
you on your mobile device or by those whom you authorize to use your
how we collect, use and safeguard the personal information you provide
to us when you use the Uppidy Applications or Uppidy Software and the
related services ("Service") and the Uppidy, Inc. Website
Your Consent. By using our Services and Website, you consent to our
collection, disclosure and use of your personal information as described
customers of Uppidy, Inc. and to visitors of the Website. We reserve the
The Uppidy, Inc. Service.
1. Overview of the Service.
The Service, through the
use of a downloadable application, enables you to store the contents of
all SMS Messages you send and receive on your mobile device, along with
the telephone number associated with the sender of the SMS Message and
the telephone number associated with receiver of the SMS Message. There
is no monthly fee associated with the use of this Service for the phone
user. However, text messaging and data charges billed by your carrier
2. Information Collected By the Service.
collects information about you when you first activate the Service and
as you continue to use the Service.
1. Personally Identifiable Information.
Personally Identifiable Information ("PII") via the Service.
PII is information that can be directly associated with a specific
person or entity, and includes your name, mobile telephone number, email
address, and physical address. We will also ask you to select a user ID
and password. PPI may, and mostly likely is, contained in any text
messages and associated data that is retained by the Service.
Furthermore, under certain circumstances, we may send you emails and SMS
messages when we feel we have an important announcement to share
regarding your Service. Please note that your carrier may charge you to
receive messages via SMS.
1. Non-Personally Identifiable Information.
collect Non-Personally Identifiable Information ("Non-PII") in
connection with the Service. Non-PII is information that cannot by
itself be used to identify or locate a particular person or entity. The
Non-PII we collect automatically includes the type of wireless device
you use to access the Service, and the name of your wireless carrier.
The Uppidy, Inc. Website.
The Website is designed for our clients
and prospective clients, which are both individuals and businesses.
2. Information Collected on the Website.
a. Personally Identifiable Information. We collect PII from the Website
when you choose to provide it to us. When you register for our Services
you may provide us with personal information (such as your name, email
address, address, and telephone number(s)) that you knowingly choose to
disclose that is collected on an individual basis. If you choose to
correspond with us through e-mail or text messages, we may retain the
content of your e-mail or text messages and our response so that we can
more efficiently handle any follow-up questions you may have. We may
also collect PPI that is contained in any text messages and associated
data that is stored on servers through your use of the Uppidy
b. Non-Personally Identifiable Information.
electronically receive and record information from your computer and
browser, as well as your mobile devise, including your IP address,
cookie information, software and hardware attributes, and the page you
. Cookies are a feature of web browser
software that allows web servers to recognize the computer used to
access a web site. They are small pieces of data that are stored by a
user's web browser on the user's hard drive. Information
gathered through cookies and web server logs may include information
such as the date and time of visits, the pages viewed, time spent at the
Site, and the web sites visited just before and just after our Site.
Cookies can remember what information a user accesses on one web page to
simplify subsequent interactions with that web site by the same user or
to use the information to streamline the user's transactions on
related web pages. This can make it easier for a user to move from web
page to web page and to complete commercial transactions over the
Privacy Information for both the Website and the Service.
1. Disclosure of PII and Non-PII.
We share your PII
internally within our Company in order to provide you with support for
the internal operations of the Service and Website. Except as explained
third-parties without your consent. We may disclose PII to third-parties
in certain circumstances, such as:
1. to comply with state or federal laws or to comply with valid legal
process including subpoenas, court orders or search warrants, and as
otherwise authorized by law;
2. in cases involving danger of death or serious physical injury to any
person or other emergencies;
3. to protect our rights or property, or the safety of our customers or
4. to protect against fraudulent, abusive, unauthorized or unlawful use
of or subscription to our services and to protect our network, services
and users from such use;
5. to advance or defend against legal claims, in court and elsewhere;
6. to credit bureaus or collection agencies in order to obtain payment
for billed services;
7. to a third-party that you have authorized to verify your account
8. to outside auditors and regulators;
9. to other third parties if your Non-PPI information has been combined
or aggregated with information from other persons or entities using our
so that it represents broad based compilations and analysis of your
Non-PPI with other Non-PPi information relating to other persons; or
10. with your consent.
In the event that Uppidy, Inc. is acquired by or merged with a third
party entity, we reserve the right to transfer or assign the information
we have collected as part of such merger, acquisition, sale, or other
change of control. In the unlikely event of our bankruptcy, insolvency,
reorganization, receivership, or assignment for the benefit of
creditors, or the application of laws or equitable principles affecting
creditors' rights generally, we may not be able to control how your
personal information is treated, transferred, or used. You will be
notified by us of any such change in ownership or control of your PII.
2. Your Privacy Choices.
You may update, correct, or
delete the information you have provided via the Service at any time by
sending an email to jkonowe@ uppidy.com. You may also update information
you have provided via the Website by emailing us at jkonowe@ uppidy.com,
and we will act upon your request in a reasonable time. To protect your
privacy and security, we take reasonable steps to verify your identity
before granting you access or making corrections. You are responsible
for maintaining the secrecy of your unique password and account
information at all times.
3. Data Security.
The security of your information is
important to us, including but not limited to the PII collected via the
Service and the Website. We have implemented reasonable security
measures to protect the information in our care, both during
transmission and once we receive it. This includes, but is not limited
to the use of firewalls and encryption. No method of transmission over
the Internet, or method of electronic storage, however, is 100% secure.
Therefore, while we strive to use commercially acceptable means to
protect your information, we cannot guarantee its absolute security.
4. Children's Privacy.
Protecting the privacy of
children is important. For that reason, our Service and Website is not
designed to attract children under the age of 13. We do not knowingly
collect PII from persons under 13 years-of-age. IF YOU ARE UNDER 13
YEARS OF AGE, PLEASE DO NOT USE THE SERVICE OR PROVIDE PII ON THIS
WEBSITE. If, however, you authorize a child to use our services or
products by providing them with the right or ability to use your mobile
device, any personal information associated with such use will be
treated as your information in accordance with this policy. If we learn
that PII has been collected from a person under the age of 13 via either
the Website or Service, then we will take the appropriate steps to
delete this information. If you are a parent or guardian and believe
that your child under the age of 13 has provided his or her PII to us,
please contact us at jkonowe@ uppidy.com.
The Website is hosted in the United
States, and we do not currently offer the Service outside of the U.S. If
you are visiting the Website from the European Union or other regions
with laws governing data collection and use that may differ from U.S.
law, please note that you are transferring any PII you provide on this
Website or via the Service to the United States and by providing your
PII you consent to that transfer.
Other Web Sites Linked to Our Site.
We are not responsible for the practices employed by web sites linked to
or from our Site nor the information or content contained therein. Often
links to other web sites are provided solely as pointers to information
on topics that may be useful to the users of our Site.
Please remember that when you use a link to go from our Site to another
interaction on any other web site, including web sites that have a link
to our Site, is subject to that web site's own rules and policies.
Please read over those rules and policies before proceeding.
Third Party Privacy Issues.
We may use third parties to
help operate our website and deliver products and services (such as
Website or database hosting companies, address list hosting companies,
email service providers, analytics companies, distribution companies,
fulfillment companies, and other similar service providers that use such
information on our behalf). Unless otherwise stated, these companies do
not have any right to use the personal information we provide to them
beyond what is necessary for them to assist us. When you conduct
e-commerce with one of the e-commerce affiliates or service providers to
which the website may be linked, certain personal information such as
your email and home address may be collected by the service
provider's server and made available to us.
Third Party Applications: We may make available third party
applications, such as gadgets or extensions, through our services. The
information collected by us when you enable a third party application is
party application provider is governed by their privacy policies.
the changes are significant, we will provide a more prominent notice
archive for your review.
For questions or concerns relating
to privacy, please send us an email at firstname.lastname@example.org