If you are under 18 years old, respectively under the age of consent in your country to form a binding agreement, you should only use our Services if you are either an emancipated minor or have the legal consent of your parent or guardian for your use of our Services. You should use our Services only if you are fully able to understand and enter into and comply with these Terms. Our Services are not intended for children under 13 years old.

The subscription of Upco Mobile calling plans can be used for calls made using “direct VoIP” only (using your WiFi or 3G/2G connections). Calls made using the “callback” feature will not be cover by the plan. The Upco Mobile calling plans gives you specified minutes, to call countries specified in details of the certain offer. Your calling plan is valid for 30 days. Unused minutes won’t be transferred to the next accounting period.

All offers are subject to our Fair Usage Policy. This Fair Usage Policy is effective immediately. We reserve the right to change this Fair Usage Policy at any time. Changes shall become effective immediately after publication of the revised version on www.upcomobile.com/terms-of-use. We also reserve the right to withdraw all offers at any time.

You can cancel your subscription anytime but remember: as set out in the terms and conditions of the service, we will not issue any pro-rated refunds if you choose to cancel the subscription service before the end of the contracted subscription date.

In the event that there is, suspects that there is, any fraudulent activity or misuse of your subscription, we reserve the right to terminate your subscription with immediate effect and without a refund.

Upco International Inc. (CSE: UPCO) (Frankfurt: U06) (United States: UCCPF) with its wholly-owned US subsidiary Upco Systems Inc. (“Upco”) wants to offer the best calling plans, at the lowest possible price. This Fair Usage Policy is designed to prevent fraud and abuse of our subscriptions by a small number of users.

The subscription of Upco Mobile calling plans is for individual use only (personal or business communications) in accordance with our Terms of Use and this Fair Usage Policy (“Legitimate Use”). The following is a list of practices that would not be considered Legitimate Use:

• using subscriptions for telemarketing or call centre purposes,
• re-selling subscription minutes,
• sharing subscriptions between users (e.g. via a PBX, call centre, computer or any other means),
• calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications,
• unusual calling patterns inconsistent with normal, individual subscription use (for example, regular calls of short duration or calls to multiple numbers in a short period of time).

Other practices may be relevant in determining Legitimate Use and we reserve the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Upco may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to this Upco’s Fair Usage Policy or Terms of Use. Where reasonable, we will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, we can offer you an alternative subscription.

Upco offers users with mobile devices calling and text messages services transacted through a licensed application for mobile devices. Our Licensed Application is licensed, not sold, to you 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 that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to you.

This license granted to you for our Licensed Application is limited to a non-transferable license to use the Licensed Application on any mobile device that you own or control and as permitted by the Usage Rules set forth in our Terms and Conditions (the “Usage Rules”). This license does not allow 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 could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed 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 of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with 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 upgrades provided by us that replace and/or supplement our Services unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify you, to improve our Services offered to you (for further information on our privacy policy click here).

The license is effective until terminated by you or us. We will terminate your rights under this license without notice if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

In the course of using the Licensed Application, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Services at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree to not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity. You further agree not to use our Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using our Services.

We make no representation that our Services are available for use in any particular location. To the extent you choose to access our Services, you do so at 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 without notice. In no event will we be liable for the removal of or disabling of access to our Services. We may also impose limits on the use of or access to our Services, in any case and without notice or liability.

You expressly acknowledge and agree that 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 “as is” and “as available”, 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, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.

We do not warrant against 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 or services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the licensed application or services cause any defects, you assume the entire cost of all necessary servicing, repair or correction.

To the extent not prohibited by law, in no event shall we be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, 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.

We respect the intellectual property rights of others and require that the people who use the Site, Services and Licensed Application do the same. If you believe that any materials accessible on or from the Site, Services and Licensed Application infringes on your copyright, you may request the removal of those materials (or access thereto) by contacting our copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures – Upco DMCA Policy click here.

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 in 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 Licensed Application may also be subject to other local, state, national, or international laws.