Terms and Conditions and Fair Use Policy

Terms and Conditions and Fair Use Policy for plans and subscriptions

We want all of our users to take advantage of our industry low calling rates; in fact, we may offer some users unlimited calling plans within certain countries or territories. In order to prevent fraud and abuse of our calling plans, we’re publishing this Fair Usage Policy (this “FUP”) to make clear what’s reasonable and allowed and what’s impermissible usage.

UppTalk (including our unlimited calling plans) is intended for normal, personal, individual non-commercial use only. Unauthorized or excessive use beyond that normally experienced by a typical individual may result in immediate service termination.

We evaluate customer usage and general calling patterns in comparison to typical levels of permissible usage engaged in by legitimate customers. While not exhaustive, these are the types of uses that would be considered impermissible under our Policy:

Other practices may be relevant in determining reasonable usage and we reserve the right to take any abnormal or unusual activity into account in making a determination. We may terminate a user’s account or suspend his or her calling plan subscription immediately if we determine that user is using a calling plan contrary to this Policy or other policies. We also reserve the right to change this Policy at any time, which change will become effective when a revised Policy is posted to our website.

The application of this FUP does not imply any limitation as long as your behavior using UppTalk complies with this FUP.

Subject to this FUP are UppTalk’s free and unlimited national calls & SMS in the U.S. (excluding special, premium, service and non-geographic numbers). In order to avoid abusive usage, calls and SMS are going to be disconnected and require a re-dial after a 30 minutes duration. UppTalk’s free and unlimited national calls & SMS in the U.S. are for personal individual use only in accordance with our Terms of Use and this FUP (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

  • Using this program for telemarketing or call center operations;
  • Re-selling minutes or SMS;
  • Sharing the program between users whether via a PBX, call center, computer or any other means;
  • Calling or send SMS to 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 (and subject to Section 4.2 of the Terms of Use); and
  • Unusual calling or sending/reception of SMS 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 or abnormal sending and reception of SMS.
  • Allowing others to access your UppTalk account and use your calling plan (i.e. by using any of our calls plan in more than one device)
  • engaging in illegal or fraudulent behavior; and
  • more than 100 different destinations / month calls or SMS

Other practices may be relevant in determining Legitimate Use and UppTalk reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. UppTalk 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 FUP or UppTalk’s Terms of Use. Where reasonable, UppTalk will provide you with notice of improper usage before suspension or termination of your subscription.

UppTalk unlimited plans are offered as auto-renewable subscriptions. You can choose between $2.99/month for Unlimited text, 100 minutes and a phone number in USA or a $9.99/month for Unlimited Call and Text with a phone number. Both plans are charged to your iTunes Account at confirmation of purchase. Once you activate your paid subscription, a monthly service charge is billed through your iTunes account and renews automatically. To cancel service, simply turn off auto-renew in your iTunes account settings at least 24 hours before your current month service ends. Both plans offers a phone number in USA and no advertising is shown in the app.

UppTalk reserves the right to change this FUP at any time. Changes shall become effective when published on the UppTalk website. Your continued use after publication of the revised version shall constitute your acceptance to be bound by the terms and conditions of the revised FUP.

Last revised: November 2015