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 Qustodio Technologies S.L. (the “Company” or “we/us”), made available to users (“you” or “user/s”) via the Software and at http://www.qustodio.com.
1. Qustodio Services and Platform
Qustodio: Qustodio provides services for monitoring and controlling use of computer devices owned by you for controlling use of these devices by your Users when and to the extent such activity is permitted by applicable law and without infringing any third party rights (including User’s fundamental rights) or other applicable regulation. Qustodio includes optional services for secure browsing and searching. 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 your option. Qustodio provides a dashboard on the Platform for enabling you to configure the level and degree of monitoring of the computer/s and or other devices associated to the account. You 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. Qustodio only implements automatically the configuration and instructions provided by you. Qustodio is a work in progress, and we reserve the right to modify or suspend temporarily the Qustodio services at any time for any reason. Notice of any suspension will be given in accordance with these terms.
Platform. The Qustodio Platform provides 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.
Ownership. We own or are licensee of all intellectual and industrial property rights in Qustodio. Access to and use of our web-based services and content does not imply any transfer of all or part of these rights to you.
Trademarks. You will not use our trade marks, trade names, logos, domain names, other distinctive brand features or any copyrighted material or which are associated with Qustodio without our consent.
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 Devices associated to your account, and that during processing, your User 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. Our support policy is set out at www.qustodio.com.
2. You/Users and registration/termination
Registration. Registration and creation of a Qustodio account is required to use the Qustodio Services. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. You warrant that this information is and will be correct, complete and accurate at all times. A verification email is sent to you.
Activation. We try to provide access to the Qustodio Service immediately. We reserve the right to refuse the Qustodio Services to anyone for any reason. 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.
Passwords. 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.
Term. Subject to payment, when applicable, of the fees, your account shall be activated and remain in force for the Term indicated below, unless terminated by either us or you hereunder:
- Free User: use of the limited Service for an unlimited period
- Evaluation Term: use of the Service for the period of 30 days from registration of the account
- Premium or Commercial Plans: subject to payment of the fees, use of the Service for the contracted term, in accordance with the plan you have chosen. Commercial and Premium terms plans are automatically renewed for the same term, unless written notice of cancellation is provided by either party at least 30 days’ prior to renewal.
Termination. You may cancel your account at any time. All cancelations should be addressed to: firstname.lastname@example.org. No refunds will be given for early termination. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel any Free Use at any time, provide you 30 days’ notice of termination, and Premium and Commercial plans providing you 30 days’ notice prior to the end of any Term. 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).
4. Use of Qustodio Services
Proper Use of Qustodio services. You agree to use the Qustodio 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, telecommunications secrecy, labour relations, non discrimination, trade secrets, and the protection of personal image, honour and reputation.
Prohibitions on Use of Qustodio: You agree not to use or permit use of Qustodio to monitor or control Users devices and activities in any of the following conditions:
- When the User Devices are not your property or leased to you.
- When it is not clear in your jurisdiction that such controlling and monitoring through functionalities offered by Qustodio are permitted by law or regulation.
- When it is not clear in your jurisdiction that that such controlling and monitoring through functionalities offered by Qustodio does not require express User consent, unless such express consent is obtained and documented by you.
- When there are no guarantees that the use of information obtained through using Qustodio will respect third party (including Users’) rights and applicable regulation.
Exclusion. We reserve the right to exclude any User from the Platform and Services without prior warning should you breach these Terms.
5. User Content
User Content. The Platform and Services monitor and store information transmitted from the Devices where the Qustodio Software is installed, about Users’ local and online activities (usage of applications, searching, social networks, browsing, etc.) and certain communications (social network forms, instant messaging, etc.) (collectively, “User Content”). While Qustodio collects, stores and analyses this information for you, you and the User are sole owners of this information and are solely responsible for all User Content that is transmitted to Qustodio. You grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to store such User Content on our servers for these purposes.
Responsibility for content. We do not control or supervise any User Content, except when required to in accordance with your instructions (configuration of the Platform) or by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content of which we are aware that infringes the law or third party rights.
Data on termination. In the event of termination for any reason, your access to your account and all of its contents will be disabled and your User Content will be removed, with the exception of backups (saved only for backup or for any unforeseen circumstances). However, we may retain such User Content to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked in accordance with applicable laws unless such event arises.
Data retention. If there are any data you wish to retain for legal purposes, you must obtain it via the Control Panel of the Platform prior to termination. You are responsible for the conservation of such data. If we terminate the contract without notice because you have breached these conditions, you must provide evidence to us of the need to retain the data within 3 days following termination, and you will have an additional 5 days to obtain these data.
Fees. The fees for the any payment plans (Commercial or Home Premium) are set out at www.qustodio.com. For any payment plans , you agree to pay the fees set out in the Plan selected by you. Payment is by way of online payment system provided by Qustodio or as otherwise agreed with us. On periodic renewal, you will be charged at the then current price, unless otherwise agreed in writing with us. Fees are non-cancellable and non-refundable. Fees for Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions.
Price updates. Prices for the Services may change at any time by giving you thirty (30) days or more prior written notice. New prices will apply to the next renewal period. If you do not reject such price change in writing requesting termination of Services or in the event of any continued use of the Services after such renewal date, you are deemed to have accepted the new prices.
Invoicing: For standard services, invoice for the start-up and subscription fee/s will be issued upon acceptance of the online order and 15 days prior to renewal. You will be invoiced at start up and for additional Users for a full period, regardless of the start date. Renewals are invoiced on the periodic basis set out in the Order form. Unless provided otherwise in the Order, we will issue invoices in Euros or USD. You agree to provide us or our reseller complete and accurate billing and contact information.
Payment. Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the service and 7 days prior to renewal. We reserve the right to suspend or terminate this Agreement and access to the Services if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you authorise us to charge such credit card for all Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s) as set out herein.
Late Payments. Overdue charges will accrue late payment interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In the event of late payment, we may condition future subscription renewals and Order Forms on payment terms shorter than those specified herein or we may suspend or terminate this Agreement and access to the Qustodio Services.
Taxes: Unless otherwise provided, prices do not include any taxes that may apply, including without limitation VAT or equivalent sales tax, such taxes being your responsibility. If we have the legal obligation to pay or collect taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
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 Qustodio Platform or 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 Qustodio 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) or the total fees paid to us to date. 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.
Agreement. These Terms contain the entire agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in these Terms shall not be binding on either party. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
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 Qustodio. 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 the Platform 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.
Law and Jurisdiction: These terms and the provision and use of Qustodio are subject to Spanish Law without regard to its conflicts of laws provisions. For the resolution of any conflict regarding the interpretation, performance or breach of these Terms or use of Qustodio, the parties submit to the exclusive jurisdiction of the Courts of the City of Barcelona, Spain, without prejudice to any applicable consumer rights to bring actions in the court of the user’s domicile. The parties agree to use all reasonable efforts to resolve such issues amicably prior to initiating any legal action.
Contact. Any questions regarding Qustodio, our products and services or these Terms should be addressed via the online web form or to email@example.com. Qustodio Technologies S.L. is registered in the Barcelona Commercial Registry, volume 38188 sheet 78 page B322132 Its registered address is Passeig de Gracia 18 2-2 08007 Barcelona, Spain. VAT nb: ESB64074883