ACCEPTABLE USAGE POLICY
At Flyp, we want all of our customers to get the best call and text plans, known as ‘subscriptions’, at the lowest possible price. This Acceptable Usage Policy (“AUP”) is designed to prevent fraud and abuse of our subscriptions by a small number of users.
By using Flyp Service(s), as defined below, Customer(s) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. Flyp reserves the right to change or modify the terms of the AUP at any time, effective when posted on Flyp’s web site at www.getFlyp.com. Customer’s use of the Flyp Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Subject to this AUP, Flyp Premium subscriptions allow up to 1000 minutes of inbound and outbound voice calling per month, and unlimited inbound and outbound text messaging per month, unless otherwise informed by Flyp. Flyp Basic subscriptions allow up to 1000 minutes of inbound and outbound voice calling per month, and unlimited inbound and outbound text messaging per month, unless otherwise informed by Flyp.
Flyp prohibits use of the Flyp Services in any way that is unlawful, harmful to or interferes with use of Flyp’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the Flyp-branded website or from a website that contains Flyp-branded content is a violation of this AUP.
Unlawful Activities: Flyp Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
Violation of Intellectual Property Rights: Flyp Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Flyp or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
Threatening Material or Content: Flyp Services shall not be used to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those Flyp Services that utilize Flyp provided web hosting, Flyp reserves the right to decline to provide such services if the content is determined by Flyp to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.
Inappropriate Interaction with Minors: Flyp complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.
Child Pornography: Flyp Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to Flyp at the following e-mail address: support@getFlyp.com. Flyp will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.
Spam/E-mail/Usenet Abuse: Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. Spam/E-mail or Usenet abuse is prohibited using Flyp Services. Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:
- sending multiple unsolicited electronic mail messages, text messages, phone calls or multimedia messages or “mail-bombing” – to one or more recipient;
- sending unsolicited commercial text messages, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;
- sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;
- sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;
- sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the Flyp network or of the networks with which Flyp interconnects, by virtue of quantity, size or otherwise;
- using another site’s mail server to relay mail without the express permission of that site;
- using another computer, without authorization, to send multiple electronic messages or to retransmit electronic messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;
- using Flyp addresses that the Customer does not have a right to use;
- collecting the responses from unsolicited electronic messages;
- maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;
- sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the Flyp Services;
- using distribution lists containing addresses that include those who have opted out;
- sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;
- falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;
- using redirect links in unsolicited commercial e-mail to advertise a website or service;
- posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints;
- intercepting, redirecting or otherwise interfering or attempting to interfere with electronic intended for third parties;
- knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;
- using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, including, but not limited to, the facilitation of the means to spam.
Using subscriptions for telemarketing or call center operations;
- Re-selling subscription minutes;
- Sharing subscriptions between users whether 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.
AUP Enforcement and Notice
Customer’s failure to observe the guidelines set forth in this AUP may result in Flyp taking actions anywhere from a warning to a suspension or termination of Customer’s Flyp Services. When feasible, Flyp may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation.
Flyp reserves the right, however, to act immediately and without notice to suspend or terminate affected Flyp Services in response to a court order or government notice that certain conduct must be stopped or when Flyp reasonably determines, that the conduct may: (1) expose Flyp to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Flyp’s network or networks with which Flyp is interconnected, (3) interfere with another Flyp Customer’s use of Flyp Services or 4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to Flyp or Flyp Customers.
Flyp has no obligation to monitor content of any materials distributed or accessed using the Flyp Services. However, Flyp may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the Flyp network and its customers. Other practices may be relevant in determining Legitimate Use and Flyp reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.
WHAT INFORMATION DOES Flyp COLLECT AND USE?
Flyp may gather and use information about you, including (but not limited to) information in the following categories:
- Identification data (e.g. name, profile name, address, telephone number, mobile number, email address);
- Profile information (e.g. age, gender, country of residence, language preference and any information that you choose to make available to others as part of your Flyp user profile;
- Electronic identification data (e.g. Flyp addresses, tokens);
- Banking and payment information (e.g. credit card information, account number);
- Call quality and survey results;
- Information about your usage of and interaction with Flyp software, products, websites and marketing communications (including computer, platform, device and connection information, client performance information, error reports, device capability, bandwidth, usage statistics, calling destinations, and traffic to and from our website);
- Products or services ordered and delivered;
- List of your contacts and related data (we will give you a choice as to whether you want Flyp to use contact lists from other services to populate your Flyp contacts);
- Correspondence between you and Flyp;
- Traffic data (data processed for the purpose of the conveyance of communications or the billing thereof, including, but not limited to, the duration of the call, the number calling and the number called); and
- Content of instant messaging communications and voice messages;
- Location information, derived from your mobile carrier or from the mobile device that you use,
- Mobile device information, such as manufacturer’s name, device model number, operating system, carrier network;
- Location information, device identifiers and standard identifiers;
- Access tokens for other accounts you associate with your Flyp account, which are like an electronic key provided by the service that acts in place of a password for authentication.
OUR USE OF PERSONAL INFORMATION AND OTHER DATA
OUR DISCLOSURE OF YOUR PERSONAL DATA AND OTHER INFORMATION:
Flyp is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
911 Calls and Requests for Emergency Assistance. NOTE THAT THE SERVICE CAN NOT AND SHOULD NOT BE USED FOR 911 OR EMERGENCY CALLING. However, if you attempt to contact emergency services via the Service, we may provide personally-identifiable location information to a public safety answering point; emergency medical service provider or dispatch provider; public safety, fire service, or law enforcement official; or hospital emergency or other medical care facility. As permitted by law, we may also disclose personally-identifiable location information without a user’s consent in an emergency situation involving risk of death or serious physical harm, such as to a user’s legal guardian or members of a user’s immediate family or to database management services or information providers solely to assist in delivering emergency services.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data that we have retained about you may be part of the transferred assets.
Agents, Consultants and Related Third Parties: Flyp, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: Flyp may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or valid legal process, or (ii) act in urgent circumstances to protect the personal safety of users of the App or the public.
Flyp may from time to time ask you to provide information on your experiences which will be used to measure and improve quality. You are at no time under any obligation to provide any of such data. Any and all information which is voluntarily submitted in feedback forms on the website or any survey that you take part in is used for the purposes of reviewing this feedback and improving the Flyp software.
Flyp may contact you to send you messages about faults and service issues. Further, Flyp reserves the right to use email, the Flyp software or SMS to notify you of any eventual claims related to your use of Flyp software, including without limitation claims of violation of third party rights.
Flyp may send you alerts by email or SMS to notify you when someone has tried to contact you. Flyp may also use email, SMS or the Flyp software to keep you up to date with news about the Flyp software other Flyp related information. Flyp may also email, text message, in-app message, or send you push notifications about sale, promotional or special Flyp events, offerings, or packages. You can opt-out of the receipt of alerts and/or promotional emails by clicking the ‘unsubscribe’ link on the email that you receive or by changing your notification settings on your device.
Flyp is not intended for or designed to attract users under the age of 13. We encourage parents to be involved in the online activities of their children to ensure that no information is collected from a child without parental permission.
INTEGRATING THIRD PARTY WITHIN THE SERVICES
Some features of the Service may allow you to enable various online third party services, such as social media and networking services (“Third Party Services”), to be directly integrated into your Flyp experience. By directly integrating these services, we make your online experiences richer, and more personalized. To take advantage of this feature, we may ask you to provide us login authorization for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Flyp shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.
Flyp takes reasonable steps to protect the Personal Data provided via the App from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us or transmit via the services.
ACCESS TO INFORMATION/CONTACTING Flyp
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update, correct, or delete Personal Data in our possession that you have previously submitted via this App or the Services.
END USER LICENSE AGREEMENT
Flypsi, Inc. (“Flyp” or “we” or “us” or “our” or other similar pronouns) offers users with mobile devices (“You”) calling and text messages services (“Services”) transacted through a licensed application (“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.
SCOPE OF LICENSE
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.
CONSENT TO USE OF DATA
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 not to 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 agree, in accordance with the terms of this Agreement, NOT to send any E911, 911, operator services or any other traffic destined for any emergency 911 Center or any other local, state or federal emergency organization. Flyp will return this traffic to your originating equipment and will be held harmless from any issues arising from this traffic being blocked by Flyp. Unless specified in this Agreement or mutually agreed by the Parties, Flyp reserves the right to block any unique telecommunications services including, but not limited to, 311, 411, 611, 976, 500, 700 and 900 numbers.
Upon registering for a premium Flyp number, You agree to pay for the Services in one of three ways. You may pay for a premium Flyp number with one lump annual payment ($79.99), which grants You one Flyp number for a 12-month period with the option to extend beyond that year before the subscription expires; You may pay for a premium Flyp number with automatically recurring monthly payments ($7.99), which grants You one Flyp number for as many months as You choose; or You may pay for a premium Flyp number with a single monthly payment ($7.99) and can manually pay for subsequent months for the desired length of time. If payments are not made, or payment type is not valid, Flyp maintains the right to cancel the subscription and rescind the Flyp number assigned to You.
FOR iTUNES USERS: Payment for the subscription will be charged to your iTunes Account at confirmation of purchase. Your subscription will automatically renew at the end of the subscription period. If you do not wish to auto-renew your subscription, you must turn it off at least 24 hours before the end of the current subscription period. Your account will be charged for renewal 24 hours prior to the end of the current period at a rate of $7.99 USD for monthly subscribers, or $79.99 USD for yearly subscribers. You can turn off auto-renew at any time from your iTunes account settings. If you turn off auto-renew, you will be able to use your Flyp phone number until the end of the current subscription period.
FOR GOOGLE USERS: Payment for the subscription will be charged to your Google Play Store account at confirmation of purchase. Your subscription will automatically renew at the end of the subscription period. If you wish to not auto-renew your subscription, you must turn it off at least 24 hours before the end of the current subscription period. Your account will be charged for renewal within 24 hours prior to the end of the current period at a rate of $7.99 USD for monthly subscribers or $79.99 USD for yearly subscribers. You can turn off auto-renew at anytime from your Play Store account settings. If you turn off auto renewal you will be able to use your Flyp number until the end of the current subscription period.
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.
LIMITATION OF LIABILITY
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. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. You expressly agree that the courts in the Commonwealth of Massachusetts, have exclusive jurisdiction over any claim or dispute with Flyp 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.