msms

Terms of Service

TEXT MESSAGING SERVICE
MSMS (MillenniumSMS) 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.

DESCRIPTION OF SERVICE
Upside supplies you with a set of web and application programming services that extend the use of your Millennium software so that it can send SMS appointment confirmations and receive replies from your customers via text messages.

USAGE
This account is supplied to you by Upside and must not be used for criminal purposes or 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. If you do any of the following your account will be deleted without warning of any kind. 

TRIAL
We offer free trial for 120 days or 500 messages - whichever comes first. You can use a trial account to send appointment confirmations using SMS. Free trial starts from the day account is created.

SPAM
You can send messages ONLY to people who have explicitly and verifiably expressed interest to receive messages from you. All other messages are treated as SPAM. In this context "explicit and verifiable interest" means that the permission to send messages to a cell phone number was obtained by you from the owner of the cell phone number in one of the two ways:

1. The owner sent an opt-in command (YES) from his/her cell phone number to a number assigned to your account

2. You obtained a written permission to send text messages from the owner of the cell phone number.

Upside Wireless Inc. will immediately terminate and delete your account if it believes that the account or any of its sub accounts is or has been used for SPAM or unsolicited bulk messaging.

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. does not assume any responsibility for the content of the messages you send via its platform.

More on the exact requirement for opt-in in regards to sending of promotional messages is provided here.

REFUND POLICY
No refunds can be issued under any circumstances.

UNLIMITED ACCOUNTS
Unlimited SMS Confirmations and Ultimate SMS plans are limited to salons that have 14 or fewer service providers. Promotional SMS messages can be sent in batches consisting of maximum 300 numbers. Promotional messages can be sent only to numbers that expressed explicit and verifiable interest in receiving promotional SMS messages from you.

In the event of cancelation of a monthly UNLIMITED ACCOUNT credit balance will be reset to 0.

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 at 7 AM Pacific time. Subscriptions can be cancelled at any time under the following terms:

  • Subscription privileges stop at the time of cancellation
  • No refunds for subscriptions will be issued under any circumstances
  • Any accumulated SMS credits expire at the time of cancellation

To cancel your subscription, please login to your account and click on the Contact Us/Need Help link. Then post your request on the form in writing that your subscription be cancelled.

MULTIPLE MILLENNIUM LOCATIONS
In case your business operates multiple locations, a separate MillenniumSMS account needs to be opened and operated for each location. This means that each Millennium software installation must use a unique messaging account.

MESSAGE CREDITS
We offer two types of accounts: Pay-As-You-Go and Subscription. With Pay-As-You-Go accounts you purchase message credits. Each SMS message - incoming or outgoing requires one credit. With Subscription accounts, credits are not used as they offer unlimited messaging for a set monthly price.

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.

We do NOT guarantee that messages you send using our service will be delivered.

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.

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.

INACTIVE/DORMANT ACCOUNTS
An account becomes dormant after 90 days if inactivity. All data in the account may be deleted at this time or at any time thereafter. An account becomes inactive after 180 days of inactivity at which time or any time thereafter the account may be deleted. Once deleted an account or data in it cannot be restored.

CUSTOMER SUPPORT
We provide online customer support. To start a customer support request, ticket, please login to your account and click on the Contact Us or Need Help button. Our customer support team will answer, and in most cases, resolve your request, within 2-4 hours.

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 Upside's sites. Upside will not read, 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
Protect and change your password often. You are responsible for your account and your password. Upside will not be responsible for any loss you may experience from someone accessing your account.

CLOSURE OF SERVICE
Upside Wireless Inc. may at any time close your account if: (a) you supply misleading information at the time of registration, (b) you do not use (access) your account within a time span of 2 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 Upside text messaging services at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or any other events.

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 by Upside Wireless Inc.  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, Canada. In case of a dispute, you agree to submit yourself to the jurisdiction of courts of British Columbia, Canada.

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



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