These Terms of Service ("Terms") govern your access to and use of websites, platforms, products and services provided by SMS2U SL, trading as Up2U ("Up2U", "we", "us" or "our"). By accessing our website, creating an account, purchasing or using an Up2U service, or participating in an Up2U programme, you agree to these Terms together with any additional terms, order forms, service agreements or commercial agreements applicable to the particular service you use.
1. About Up2U
Up2U is the trading brand of:
SMS2U Espania SL
Avenida Virgen Del Rocio S/n CCIAL LA C. 29670, Marbella (Malaga). España
Email: [email protected]
Up2U provides telecommunications, connectivity, eSIM, platform and related technology services to businesses, partners and customers.
2. Scope of These Terms
These Terms provide the general conditions governing use of Up2U websites and services.
Certain Up2U products, services and commercial relationships may be subject to additional agreements, including:
- Partner agreements
- Retail or reseller agreements
- Platform agreements
- Operator agreements
- Enterprise agreements
- Order forms
- Service-specific conditions
- Data Processing Agreements
- Acceptable Use Policies
- Service Level Agreements
Where specific contractual terms have been agreed between Up2U and a customer or partner, those specific terms will take precedence over these general Terms to the extent of any conflict.
3. Eligibility
You must have the legal capacity to enter into a binding agreement to use our services.
Where you access or use Up2U on behalf of a company or other organisation, you represent that you have authority to bind that organisation to the applicable agreement.
Some telecommunications services may be subject to additional eligibility, identity verification, geographic or regulatory requirements.
4. Up2U Services
Up2U services may include, depending on the product or commercial arrangement:
- Global mobile connectivity
- eSIM and SIM services
- Mobile data
- Voice and SMS services
- Mobile numbers
- Connectivity management
- White-label services
- Partner and customer management tools
- APIs and integrations
- Reporting and analytics
- Telecommunications infrastructure
- Partner Programme services
- Related support and technology services
The precise services provided to a customer or partner will be determined by the relevant product description, order, plan or commercial agreement.
5. Telecommunications Services
Mobile and telecommunications services depend upon third-party networks, carriers, roaming partners, infrastructure providers and other external systems.
Network availability, performance and coverage can vary according to factors including:
- Location
- Device
- Network availability
- Radio conditions
- Local infrastructure
- Network congestion
- Carrier policies
- Roaming arrangements
- Government or regulatory restrictions
- Maintenance or outages
Up2U does not guarantee uninterrupted connectivity, availability of a particular network, specific network speeds or continuous service in every location. Coverage information is indicative and may change.
6. eSIM and SIM Compatibility
Customers are responsible for ensuring that their device:
- Supports the relevant SIM or eSIM technology
- Is network unlocked where required
- Supports the frequencies and technologies used by available networks
- Has appropriate device settings configured
- Meets any other technical requirements communicated for the service
Availability of an eSIM or connectivity plan does not guarantee compatibility with every device.
7. Activation and Installation
Certain services may require activation, installation of an eSIM profile, configuration of device settings or other technical steps.
Users are responsible for following the installation and activation instructions provided.
An eSIM profile may be subject to limitations on installation, transfer, deletion or reinstallation depending on the product, device or underlying network provider.
Users should not delete an active eSIM profile unless instructed to do so or unless they understand the consequences of deletion.
8. Accounts and Security
Where an Up2U account is required, you are responsible for:
- Providing accurate information
- Maintaining the confidentiality of login credentials
- Protecting access to your account
- Ensuring authorised users use the account appropriately
- Informing Up2U promptly of suspected unauthorised access
You are responsible for activity carried out through your account by authorised users.
Up2U may take reasonable steps to protect accounts, including requiring authentication or temporarily restricting access where suspicious activity is detected.
9. Acceptable Use
Up2U services must be used lawfully and responsibly. You must not use our services to:
- Commit or facilitate unlawful activity
- Engage in fraud or attempted fraud
- Send unlawful, abusive or prohibited communications
- Interfere with telecommunications networks or systems
- Circumvent security or access controls
- Conduct unauthorised network scanning or attacks
- Distribute malware or malicious software
- Impersonate another person or organisation unlawfully
- Violate intellectual property or privacy rights
- Abuse numbering, messaging, voice or connectivity services
- Resell services where resale is not permitted under your agreement
- Use services in a way that materially harms Up2U, its partners, networks or other customers
Up2U may restrict or suspend services where reasonably necessary to prevent fraud, abuse, security threats, unlawful activity or material harm to telecommunications infrastructure.
10. Partner Programme
Up2U operates a Partner Programme that may include:
Referral Partner — Introduces potential customers or opportunities to Up2U.
Retail Partner — Sells eligible connectivity products or services to customers.
Platform Partner — Uses Up2U technology and connectivity capabilities to operate a branded connectivity proposition.
Operator Partner — Operates a more comprehensive mobile proposition using Up2U infrastructure and services.
Participation in any Partner Programme level may require acceptance of a separate Partner Agreement containing applicable commercial, operational, branding, support, payment and compliance obligations.
Information displayed on the Up2U website regarding the Partner Programme is general information and does not itself constitute a binding commercial offer.
11. White-Label and Branded Services
Where Up2U provides white-label or branded capabilities, the relevant partner remains responsible for its own brand, marketing materials, customer representations and any obligations allocated to it under the applicable commercial agreement.
The extent to which Up2U or the partner is responsible for customer service, billing, regulatory requirements and other operational matters will be defined in the applicable agreement.
12. Pricing and Payment
Prices, fees, allowances and payment terms depend upon the relevant service or commercial agreement. Unless stated otherwise:
- Prices may exclude applicable taxes
- Customers are responsible for applicable taxes, duties or charges
- Usage outside included allowances may result in additional charges
- Services may be suspended for overdue amounts where permitted
- Pricing may vary by destination, network, country, service or usage
Where recurring services are purchased, charges may continue for the applicable subscription period until cancelled in accordance with the relevant plan or agreement.
13. Usage and Allowances
Where a service includes data, voice, SMS or other usage allowances, usage is measured using the systems and records applicable to the service. Usage may be subject to:
- Plan allowances
- Fair-use requirements
- Network policies
- Geographic restrictions
- Roaming conditions
- Technical limitations
- Applicable telecommunications regulation
Additional charges or restrictions may apply when allowances are exceeded.
14. Mobile Numbers
Where Up2U provides a mobile or telecommunications number, that number remains subject to applicable numbering rules, carrier arrangements and regulatory requirements.
Provision of a number does not necessarily transfer ownership of that number to the customer.
Number availability, retention, portability and continued use may depend upon the service, underlying network and applicable law.
Specific arrangements concerning commercially important or dedicated numbers should be governed by the applicable service or partner agreement.
15. Suspension and Termination
Up2U may suspend or restrict access to a service where reasonably necessary because of:
- Non-payment
- Suspected fraud
- Security threats
- Unlawful use
- Material breach of applicable terms
- Abuse of telecommunications services
- Requirements imposed by a carrier or network
- Regulatory or legal requirements
- Circumstances that threaten the integrity of Up2U or third-party systems
Where reasonably practicable and appropriate, we will seek to provide notice before suspension.
Customers may terminate services in accordance with the cancellation or termination conditions applicable to their plan or agreement.
16. Service Changes
Telecommunications services operate within a changing global network environment. Up2U may need to modify:
- Available networks
- Coverage
- Service features
- Technical configurations
- Products
- Pricing
- Network partners
- Platform functionality
Where a change materially affects an ongoing contractual service, we will handle the change in accordance with the applicable agreement and legal requirements.
17. Third-Party Networks and Services
Up2U relies upon third-party telecommunications operators, carriers, technology providers, payment providers and infrastructure providers.
Some aspects of our services may therefore be affected by circumstances outside Up2U's direct control.
Third-party products, websites or services may also be subject to their own terms and privacy policies.
18. Intellectual Property
Up2U and its licensors retain all rights in the Up2U website, platform, technology, software, documentation, designs, trademarks, branding and other intellectual property except where expressly stated otherwise.
Use of Up2U services does not transfer ownership of Up2U intellectual property.
Customers and partners may use Up2U materials only to the extent expressly permitted by their applicable agreement.
Partners retain ownership of their own trademarks, branding and intellectual property.
19. APIs and Platform Access
Where API or platform access is provided, users must comply with applicable technical documentation, security requirements, usage limitations and commercial terms.
Up2U may implement reasonable technical limits or controls to protect platform stability, security and fair usage.
Access credentials, API keys and similar authentication information must be kept secure and must not be disclosed to unauthorised parties.
20. Data Protection
Personal data is processed in accordance with applicable data protection legislation and the Up2U Privacy Policy.
Where Up2U processes personal data on behalf of a business customer or partner, additional data processing terms may apply.
Please see our Privacy Policy for further information.
21. Confidentiality
Where confidential business, commercial or technical information is exchanged between Up2U and a customer or partner, confidentiality obligations may be governed by the applicable commercial agreement or non-disclosure agreement.
Nothing on the public Up2U website should be interpreted as granting permission to use confidential or proprietary Up2U information.
22. Availability and Warranties
We aim to provide reliable services but telecommunications and internet-based systems cannot be guaranteed to operate without interruption or error.
Except where expressly provided in an applicable agreement or required by law, services are provided subject to their technical availability and applicable network conditions.
Nothing in these Terms excludes warranties, rights or remedies that cannot legally be excluded.
23. Limitation of Liability
To the maximum extent permitted by applicable law, Up2U will not be liable for indirect, incidental, consequential or special losses arising from use of or inability to use our services, including loss of profits, revenue, business opportunity, goodwill or anticipated savings, except where such liability cannot legally be excluded or limited.
Any specific limitations of liability applicable to commercial customers or partners may be defined in the relevant service or commercial agreement.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
24. Force Majeure
Up2U will not be responsible for failure or delay caused by circumstances reasonably beyond our control.
These may include natural disasters, war, civil disturbance, government action, telecommunications outages, network failures, internet disruption, cyber incidents, labour disputes, failures of third-party infrastructure or other comparable events.
25. Changes to These Terms
We may update these Terms periodically to reflect changes to our services, technology, business practices or applicable law.
The current version will be published on this page with the date of the latest revision.
Where legally or contractually required, we will provide appropriate notice of material changes.
26. Governing Law and Jurisdiction
These Terms are governed by the laws of Spain, except where mandatory law requires otherwise.
For business customers and partners, disputes arising from these Terms will be subject to the courts specified in the applicable commercial agreement or, where no separate agreement applies, the competent courts determined under applicable Spanish law.
Nothing in this section removes any mandatory jurisdictional rights that cannot lawfully be excluded.
27. Contact
Questions regarding these Terms can be directed to:
SMS2U SL trading as Up2U
Avenida Virgen Del Rocio S/n CCIAL LA C. 29670, Marbella (Malaga). España
Email: [email protected]
Website: up2u.red
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