These terms and conditions ("Terms") govern the access to and use of the Qustodio website and control panel (“Platform”), the Qustodio client Software (“Software”) and Qustodio services (“Services”) of QustodioSL Management S.L. (the "Company" or “we/us”), made available to users (“you” or “user/s”) via the Software and at http://www.qustodio.com.
Agreement. Use of the Qustodio Platform, Software and Services, including without limitation registration, indicates that you agree to be bound by these Terms. Breach of any part of the Terms may result in suspension or termination of your Qustodio account. You affirm that you are either more than 18 years of age and are fully able and competent to enter into these terms.
Qustodio Services: Qustodio provides services for monitoring and filtering online content for parental control. This includes a service for monitoring and storing online activity reports and content of communications, in particular social networks, and for blocking certain categories of sites, at the option of the parent. Qustodio provides a dashboard on the Platform for enabling users to configure the level and degree of filtering and monitoring of the computer/s associated to the account, and users are SOLELY RESPONSIBLE for how such dashboard controls are configured and the processing of personal data as a consequence, including its collection, storage and analysis on the Platform.
Website. The Qustodio website describes our activities, offer of products and services for online parental control and internet monitoring as described above, and access to the Qustodio online control panel, and feedback forms. Through the Qustodio Software and Platform, we enable registered users to access and use of our Qustodio Services, subject to these Terms.
Use of Qustodio services. You agree to use the Platform and Services in accordance with these Terms and applicable law. In particular, you will use the Software and Services in compliance with applicable law as to privacy, the protection of personal image, honour and reputation and the integrity and protection of minors.
Qustodio Services. You can register for our online filtering and monitoring services (“Qustodio Service”) according to these conditions. Registration is required to use the Qustodio Services. The Qustodio Service is a work in progress, and we reserve the right to modify, suspend, or discontinue the Qustodio Service at any time for any reason. Notice of any suspension or termination will be given in accordance with these terms. We try to provide access to the Qustodio Service immediately. We reserve the right to refuse the Qustodio Services to anyone for any reason.
Registration. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. A verification email is sent to you. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your Account or any other breach of security known to you. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the Qustodio Service in accordance with these Terms.
Term. The account shall be activated and remain in force unless terminated by either us or you hereunder. You may cancel your account at any time. All cancelations should be addressed to: firstname.lastname@example.org. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may provide you 30 days’ notice of termination in any other circumstance. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). In addition, we reserve the right to terminate our agreement with you if the provision of the Services is, in our sole opinion, no longer commercially or otherwise viable or your account is inactive for more than 1 month (in this latter event, we will provide you 15 days’ notice of termination, sent to your registered email address).
User Content. The Platform monitors and stores information transmitted from the computer where the Software is installed, about local and online activities (usage of applications, searching, social networks, browsing, etc.) and certain communications (social network forms, instant messaging, etc.). While we collect, store and analyse this information for you, you and the computer user are sole owners of your content and solely responsible for all materials that are transmitted to us. You grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to store such content on our servers.
Responsibility for content. We do not control or supervise any user content, except when required to by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time any content of which we are aware that infringes the law or third party rights.
Service Provision. We use reasonable endeavours to make available to you at all times the Platform and Services but we shall not, in any event, be liable for interruptions of Service or down-time. Due to special maintenance, security or capacity issues, and also to some events over which we may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), Services may be temporally suspended or affected by brief anomalies.
Security. You understand that the Qustodio Software and Service can be used for transmission of content to the Platform, collected from the computers/devices associated to the User account, and that during processing, your Content, including contact names, email or IM communications, social network activity and other account information are transferred (encrypted) over the internet. Currently they are not stored in an encrypted manner, as this would prevent the monitoring and filtering services.
Support. We try to provide the Qustodio Service 24/7, however due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure), the Platform and Services may be temporally suspended or affected.
Links. Our Platform contains links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only. No warranty. Except as established by mandatorily applicable law, your use of the Platform or Qustodio Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Liability limitation. You agree that your use of the Services shall be at your sole risk. To the maximum extent permitted by mandatory applicable law, in no case is the Company, its directors, employees, shareholders, affiliates or sponsors responsible or liable for any direct or indirect or consequential loss, including without limitation, damages, loss of reputation, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the Platform, the Software and Services; (ii) reliance placed by you on the completeness, accuracy or existence of any of the Services (iii) any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (iv) unauthorized access to or alteration of your data or failure to keep your password or account details secure and confidential; (v) the deletion of, corruption of, or failure to store, any your content and other communications data maintained or transmitted by or through your use of the Services; (vi) any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services; or (vii) statements or conduct of any third party on the Platform service. Our aggregate liability arising out of this statement or Qustodio will not exceed the greater of one hundred euros (€100). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Indemnification. You agree to indemnify the Company, and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your breach of any of these Terms or of any applicable laws, rules or regulations or any third party rights in connection with your use of the Platform and/or Services.
Contact and notifications. You agree to receive our email notifications related to the Platform and services. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Sites or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Applicable Law and Jurisdiction. Any conflict arising out of or in relation to the application, interpretation or performance of these Terms and the use of the Platform and Services, will be submitted exclusively to the jurisdiction of the Court of Barcelona, Spain, without prejudice to any applicable consumer rights to bring actions in the court of the user’s domicile.