TERMS AND CONDITIONS OF USE & PRIVACY POLICY

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 application.

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.

Software License.
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 Uppidy Application.

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 others.

Personal information.
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 policy.

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 application;
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 Uppidy Application.

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

Indemnification. 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.

Telephone Charges. 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.

Termination. 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.

Disclaimers.
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.

Other Qualifications.
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.

Arbitration. 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.

MISCELLANEOUS
These terms and conditions may be modified or changed at any time, with or without specific notice to you. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email or downloading notification of Privacy Policy changes to your mobile 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.

Privacy Policy

Effective February 4, 2011.

Overview. Uppidy, Inc. is a provider of mobile application services ("Uppidy Application" or "Uppidy Software"). For the purposes of this Privacy Policy, the terms "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 mobile device.

This privacy policy explains our privacy practices as they pertain to 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 ("Website").
Your Consent. By using our Services and Website, you consent to our collection, disclosure and use of your personal information as described in this Privacy Policy. The Company's privacy policy applies to customers of Uppidy, Inc. and to visitors of the Website. We reserve the right to change this Privacy Policy, along with related procedures, at any time.

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 may apply.

2. Information Collected By the Service. Uppidy, Inc. collects information about you when you first activate the Service and as you continue to use the Service.

1. Personally Identifiable Information. We collect 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. We also 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.

1. Overview. 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 Application.

b. Non-Personally Identifiable Information. We 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 request.

c. Cookies. 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 Internet.

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 in this Privacy Policy, we do not sell, license or disclose PII to 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 employees;
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 information;
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.

5. International. 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 web site, our Privacy Policy is no longer in effect. Your browsing and 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 processed under this Privacy Policy. Information collected by the third party application provider is governed by their privacy policies.

Changes and Updates to this Privacy Policy. Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

Contact Information. For questions or concerns relating to privacy, please send us an email at jkonowe@uppidy.com