Upco offers mobile device users call and messaging services transacted through a licensed mobile device application. Our Application is not sold, downloaded for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement, in which case the terms of this separate license agreement will govern, subject to your prior acceptance.

This license is non-transferable for use on any mobile device that you own or control and as permitted by the Usage Rules set out in our Terms and Conditions. This license does not permit you to use the Licensed Application on any mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it can be used by multiple mobile devices at the same time. You may not rent, lease, lend, loan, sell, redistribute or sublicense the Application.

You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the Application, any updates or any part thereof except as, and then only to the extent that any of the foregoing restrictions are prohibited by applicable law or to the extent permitted by the terms of the license governing the use of any open source components included in the Licensed Application. Any attempt to do so is a violation of our rights.

If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any updates provided by us that replace and/or supplement our Services, unless such update is accompanied by a separate license, in which case the terms of that license will govern.

In the course of using the Licensed Application, you may encounter content that may be deemed offensive, indecent or objectionable. However, you agree to use our Services at your own risk and we shall have no liability to you for content that may be offensive, indecent or objectionable. You agree not to exploit the Services in any unauthorized manner, including, but not limited to, by trespass or burdening network capacity. You further agree not to use our Services in any way to harass, abuse, stalk, threaten, defame or otherwise infringe the rights of any other party, and that we are in no way responsible or liable for any such use by you, or for any harassing, threatening, defamatory, offensive or illegal messages or transmissions you may receive as a result of your use of our Services. We make no representation that our Services are available for use in any particular location. To the extent that you choose to access our Services, you do so on your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

We reserve the right to change, suspend, remove or disable access to our Services at any time. In no event will we be liable for the removal or disabling of access to our Services. We may also impose limits on your use of or access to our Services, in any case and without notice or liability.

We collect personal information when you are signing up to Upco after Accepting the Terms of Service and Privacy Policy terms, and while you are using some functionality of the Upco.

Categories of personal data we collect and process:

• Registration and account information: your phone number (mandatory), name (optional), profile picture(optional), language, region code, which is derived from your phone number prefix.
• Your phone book contacts: when accessing Upco contacts for the first time, Upco asks permission to access the User’s phone book contacts to upload them into the Upco contacts section and to the Upco servers. While the local copy is to provide the user a smooth experience using contacts inside Upco to call, send messages, etc, sending User contacts to the servers is done to be able to match them with Upco users to mark which of them are Upco users and which are not. We call this whole process of copying User’s phone book contacts into the Upco and sending it to Upco servers “Contacts Sync”. Contacts sync is done every time the User uses any of the Contacts functionality of the Upco, and if the process does not manage to finish while the User browses away, it might continue also when Upco is in the background. On every Contact Sync the Upco checks if there are new contacts to copy or remove, thus keeping User’s Upco contacts in sync with the User’s phone book contacts. Phone book contacts do not continue contact names and are not shared with any 3rd party.
• Out-calls (paid calls) history: Call Detailed Reports (CDR) of paid calls referred to in [APP NAME] as Out-calls contain information about when and who did you call using Out-Calls functionality and are saved in the billing database for billed services compliance and audit purposes.
• Your device and connection information: We collect device and connection information when you install, access and use our services. This includes information about your device model and operating system; application version; browser and mobile network information; connection data, such as phone number, phone or mobile operator and internet service provider; language and time zone, IP; device operation information and identifiers, such as device identifiers.

The data collected is used to fulfill Upco services, to comply with applicable law and to pursue Upco’s legitimate interests.

You agree that we may collect and use technical and personal data, including but not limited to information about your mobile device and software, phone number, user name, profile picture, phone book contacts and paid calls data (CDR), which is collected from time to time to facilitate the provision of Upco services including but not limited to Calls, IM, Paid Calls, as well as Upco updates, product support and other services related to the Licensed Application.

We process your personal data in accordance with applicable data protection laws and regulations. We have taken appropriate legal, technical and organisational security measures to protect your personal data from unauthorised disclosure or access, misuse, loss, alteration or destruction. The security measures we have adopted have been created to ensure a level of security appropriate to the risks associated with the data processing activities we carry out. If you have any questions regarding our security measures please contact us [email protected].

Your personal data will be stored only for as long as is necessary to fulfill the purpose for which your personal data was collected. However, personal data may be kept for a longer period if required by law (for example, to comply with accounting requirements or requirements to keep records of paid calls for lawful interception) or if reasonably necessary to protect our legal interests. At any time and by own decision any [APP NAME] user can delete his/her Upco account from the Upco Settings-> Privacy -> Delete Account section, which will immediately delete all data related to the User from Upco servers, except for the user balance, username and paid calls history, which will stay on servers for another 6 months or longer in compliance with Paid Calls services provision regulations.

We may share your personal data in the following situations: if required by authorities (for example, police and tax authorities), we may provide them with personal data if we are required to do so by law; to enforce or apply our Terms of Service or other agreement we have entered into with you; to protect the rights, property or safety of us, our users or others; and finally, in the event of the sale of assets of Upco or a group of companies or corporate restructuring, or as a result of a change of control of Upco or a group of companies.

When sharing your data we endeavour to ensure that relevant third parties apply appropriate organisational, technical and legal measures to protect and safeguard personal data in accordance with applicable data protection legislation, the applicable regulations of the relevant supervisory authorities and guidelines on personal data security and, in general, what is relevant.

We promise never to sell your personal data to third parties unless you explicitly give us permission to do so.

Upco may use your personal data to communicate with you. The communication may include messages about updates, bugs, alerts and any other matters relating to the technical aspects and usability of the application and other parts of the services. Such communication is considered part of the service.

From time to time we may ask you to provide us with information about your experience using the application or other parts of the services which will be used to improve the quality and delivery of services. You are under no obligation to provide such information. Such information will be used to review the improvement of our services.

Upco may, from time to time, contact you by telephone, SMS or any other appropriate information channel to keep you informed about the latest news from Upco and its services, including new products, campaigns, promotions and payment methods.

If you do not wish to receive promotional messages from Upco you may request to unsubscribe by following the instructions in the promotional message you received or by contacting our customer service team.

The license is effective until terminated by either you or us. We will terminate your rights under this license without notice if you fail to comply with any of the terms of this license. Upon termination of the license, You must cease all use of the Licensed Application, and destroy all copies, in whole or in part, of the Licensed Application.

You expressly acknowledge and agree that your use of the Licensed Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our services are provided on an ”as is” and ”as available” basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Licensed Application and Services, whether express, implied or statutory, including, without limitation, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement of third party rights.

We do not warrant that there will be no interference with your enjoyment of the Licensed Application and Services, or that the Licensed Application and Services will be uninterrupted or error-free, or that defects in the Licensed Application and Services will be corrected. No oral or written information or advice given by us shall create a warranty. In the event of any defect in the App or Licensed Services, you will bear the entire cost of all necessary servicing, repair or correction.

We are constantly innovating and looking for new ways to improve our services. We therefore reserve the right to update and modify this privacy policy at any time and to reflect such improvements or any other changes to our business, as well as to comply with applicable data protection legislation.

Our privacy policy is always available for consultation on our website (under Legal Information) and also on our app (under Customer Service) so that users can, at all times, know what personal data we collect, how and why the data is processed and under what circumstances such information may be shared. We recommend that you review the privacy policy periodically to be aware of any changes. If you do not agree with the terms of the policy you should not use the services.

To the extent not prohibited by law, in no event will we be liable for any personal injury, incidental, special, indirect or consequential damages of any kind, including, without limitation, damages for loss of profits, loss of data, business interruption or any other damages or business losses, arising out of or in connection with the use of or inability to use the licensed application, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Under current data protection legislation, you have the following rights with regard to personal data:

• Right of access – You have the right to obtain information from Upco about any personal data processed about you and to access such data, if applicable.
• Right to rectification – You have the right to rectify inaccurate personal data about you.
• Right to erasure (“the right to be forgotten”) – You have the right to delete any data about you if this data is no longer necessary for the purposes for which it was collected. There may be legal obligations that oblige Upco to keep the data, which will prevent Upco from deleting such data. In this case, we can block the data that we are obliged to store so that it cannot be used for any other reason than to comply with legal requirements; we can also anonymise the data.

If you wish to exercise your rights with respect to your personal data or if you have any questions in relation to this privacy policy you can contact us at [email protected].

For your convenience, Upco can provide you with a translation of the Spanish version of the Privacy Policy (available at www.vr-messaging.com/privacy_policy_es.php). In the event of any inconsistencies between the non-English version of the Privacy Policy and the English version, the English version will govern your relationship with Upco.

The laws of the United States, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You expressly agree that the courts of the United States have exclusive jurisdiction over any claim or dispute with Upco or relating in any way to your use of the Licensed Application. Your use of the Application may also be subject to other local, state, national or international laws.