Welcome to ipipi.com - Place where Friends Text Friends - Globally

TEXT MESSAGING SERVICE
ipipi.com (ipipi, the Service) is provided by Upside Wireless Inc.

ACCEPTANCE
When you sign up with our Service, you automatically confirm that you accept all terms in this agreement. You can sign up with ipipi irrespective of where you live in the world and your age. Please observe however, that underage persons sometimes need consent from parents. You always act as a private person and only represent yourself.

DESCRIPTION OF SERVICE
ipipi supplies you with a set of services that allow you to send and receive text messages to and from any network in the world. This is NOT A FREE SERVICE. All SMS messages (one SMS = one credit, one SMS=160 characters ASCII or 70 characters UNICODE, incoming or outgoing) require one credit in order to be processed. When you create a new account we will credit it with a few free SMS credits so that you can evaluate our service. Please note that these free evaluation credits are available to most, but NOT all networks.

MESSAGE TYPE DEFINITION

1. MO - Mobile Originated - messages that originate from a mobile phone and arrive to your account
2. MT - Mobile Terminated - messages that originate from your account as sent or forwarded and arrive to a mobile phone

USAGE
We offer ipipi.com so that friends can connect and communicate with friends, globally. The service cannot be used to message short codes. The service must not be used for unlawful, inappropriate or criminal purposes. You cannot use ipipi service 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 pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. You cannot use ipipi account to send any BULK, mass, marketing, promotional or advertising messages. You will, at all times, respect and abide the laws of Canada, country from which you are sending messages and country to which you are sending messages. If you do any of the following described activities:

• our account will be deleted without warning

• Should your violations of our terms of use become a legal matter, your information will be shared with legal authorities in accordance with our Privacy Policy.

REGISTRATION
When you register, we may ask you to state your address, country of residence, your email address and phone number. If you chose to register you consequently agree to that your name and other information you have provided will be stored and processed in the ipipi database. 

SUBSCRIPTION ACCOUNTS
Subscription accounts 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. While you maintain your monthly subscription any unused credits roll-over to the next month. 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. All accumulated credits expire.

DELIVERY
The international SMS network is built on the "best effort" principle. This means that delivery of messages cannot be guaranteed. Over 12 years in business we have over 99% successful delivery rate where over 90% of messages are delivered within few minutes (often seconds). We cannot, however, guarantee delivery of messages and we do not refund credits for unsuccessful messages.

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.

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 the roaming and interoperability status, as well as our ability to deliver your messages to or from any network may change without notice.

CONTENT OF MESSAGES
Content you send using our service must be suitable for anyone. No promotional or content that can be considered offensive can be sent. Non-compliance will result in account termination.

SPAM
Upside Wireless Inc. will immediately terminate and delete your ipipi account if it believes that the account is being 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 your ipipi.com account 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. (the operator of ipipi.com service) 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 the ipipi.com service 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 the ipipi.com service/platform, 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.

USE OF BOTS OR SCRIPTS TO ACCESS ACCOUNT
IS NOT ALLOWED. If we dermine that at any point, a bot, script or any other automated method was used to access your account, the account will be found non-compliant and will be permanently deleted.

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.

REFUND POLICY
For our customers with pre-paid accounts we offer a "15-day-no-question-asked" refund policy. Please note that setup fees, expired or used SMS credits CANNOT be refunded. Also, credits purchased through any of the monthly subscription accounts are non-refundable. All refunds are issued through PayPal.

SMS CREDITS EXPIRATION
Credits expire after 365 days. If you purchase credits before the expiration date all remaining credits will roll-over and remain in your account.

DORMANT ACCOUNTS
An account becomes dormant after 6 months of last login. Messages in dormant accounts may be deleted without notice. To comply with European GDRP requirements, we will delete all accounts dormant for over 24 months.

USE OF THE REMEMBER ME OPTION
THIS IS GENERALLY NOT A SECURE PRACTICE and we suggest you use it ONLY on your personal computer and ONLY if you are THE ONLY person with access to your computer. UNDER NO CIRCUMSTANCES use this option if you are using a computer from an Internet Cafe, a Library or any other public place. Under NO circumstances will Upside be liable for any loss of credits arising from your use of this option.

EQUIPMENT
You must have access to the necessary equipment to use the Internet. You must have access to the Internet and you must pay all costs pertaining to such access.

SERVICE CHARGES
When you or your friends interact with our service using a mobile phone or computer there may be additional, standard carrier charges as per the service provider's contract (for example, Internet data fees, outgoing SMS fees, mobile data fees and/or other fees). We are not responsible for any additional fees that you or your friends may be charged.

SYSTEM MAINTENANCE
Upside Wireless Inc. maintains computer equipment and software to ensure the highest level of service. Our scheduled database backup and system upgrade is between 5 and 5:10 PM (GMT-8). It is possible that some or all functions will not be available at this time.

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 the ipipi site. ipipi will not 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
You are responsible for your account and your password. Upside Wireless Inc. will not be responsible nor liable for any loss you may have that results from an unauthorized access to your account. You should therefore protect your account name (username) and password to anyone else including Upside Wireless Inc. staff members. We strongly recommend that you change your password periodically and that you use non-trivial passwords that contain at least 8 characters including digits, special characters and letters in lower and upper case. You are not allowed to give others access to your account and you cannot send messages on other people's behalf. Such activities are in violation of this Terms of Service and will result in account suspension.

CLOSURE OF SERVICE
Upside Wireless Inc. may at any time close your account or clean its content if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 24 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 the service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or for any other reason.

WARRANTY, RESPONSIBILITY FOR FAULTS, ETC.
The services are provided on an -as is- basis with no warranty implied or explicit.

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. 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.

COPYRIGHT
This web site, the web site technology and all content from time to time displayed on the web site (the Web site) are the property of Upside Wireless Inc., Canada. The Web site is 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. In case of a dispute, you agree to submit yourself to the jurisdiction of courts of British Columbia.

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