Qustodio Terms and Conditions
These terms and conditions ("Terms") govern the access to and use of the Services (as defined below) provided by Qustodio Technologies, S.L. (the "Licensor", “Company” or “we/us”) for home users of the Services (“You”), made available at http://www.qustodio.com.
Use of the Services implies your acceptance of notices, use regulations and instructions made known to you by the Company following acceptance of these Terms; non-acceptance will lead to the termination of the Services.
The Qustodio Software (as defined below) and the Qustodio Platform (as defined below) are tools under development, and we reserve the right to modify or temporarily suspend the Services at any time for any reason. Notice of any suspension will be made in accordance with these Terms.
We reserve the right to refuse the Services to anyone and for any reason.
“Qustodio Device Software” means the software developed by Qustodio and downloaded and installed in your Device/s to enable use of the Services, and includes the Qustodio App.
“Qustodio Platform” means the Qustodio online platform providing access to the Qustodio online parental control panel (dashboard), and feedback forms enabling you to access and use the Services, and thus configure the level and degree of monitoring of the computer/s and or other Devices associated with your Qustodio Account.
“Qustodio Service” means the Qustodio parental control service, based on the Qustodio Platform, Device Software and Qustodio App, to enabling monitoring and storing of online activity reports and content of communications, in particular social networks, and the blocking of certain categories of sites, at your option.
“Qustodio App” means the app developed by Qustodio enabling use of the Services with respect to Android, iOS and Kindle devices and available in the applicable online app store. Technical requirements for the download of the Qustodio App are set out in the applicable online app store.
“Services” means the services provided herein which includes download of the Qustodio Device Software and Qustodio App, remote access to and use of the Qustodio Platform and the Qustodio Service, and made available to you at http://www.qustodio.com and on the applicable app store.
“Devices” means any devices, including but not limited to computers, laptops, phones, tablets, compatible with the Services which you either own or have a right to use.
“Users” means any natural person using the Devices on which the Qustodio Device Software and/or accessing the Qustodio Platform.
“Qustodio Account” (or “Account”) means the account created by You in order to access and use the Services.
2. Use of the Service and Conditions
- 2.1 Authorisation. Subject to the Terms set out herein, you are hereby granted a limited, revocable, non-exclusive and non-transferable licence (without right to sub-licence) to access and use the Services with respect to your Devices for your own internal and private (domestic) use only.
- 2.2 Conditions. You are responsible for all activities undertaken under your Account, including the activities undertaken by your Users. You agree to (a) not use the Services for any illegal or unauthorized purpose or any activity that infringes third party rights or breaches these Terms, (b) use the Services in any manner that may deteriorate the Services, (c) violate any laws in your jurisdiction while using the Services, and (d) indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
2.3 Prohibition on Use. You agree not to use or permit use of the Services to monitor or control Users Devices and activities in any of the following conditions:
- a) When the Devices are not your property (or of your immediate family members) or have not been leased to you.
- b) When it is not clear in your jurisdiction that controlling and monitoring use of the Devices through the functionalities offered by the _Services are permitted by law or regulation.
- c) When it is not clear in your jurisdiction that that controlling and monitoring use of the Devices through the functionalities offered by the Services does not require express User consent, unless such express consent is obtained and documented by you.
- d) When there are no guarantees that the use of information obtained through using the Services will respect third party (including Users’) rights and applicable regulation.
- 2.4 Exclusion. We reserve the right to exclude you from the Qustodio Platform and Services without prior warning should you, or any of your Users, breach these Terms.
3. Term & Termination
3.1 Term. Subject to payment, when applicable, of the fees, your Qustodio Account shall be activated and remain in force for the term indicated below, unless terminated by either us or you hereunder:
- a) Free Trial: use of the Services for a period of 30 days from the registration of the User Account.
- b) Premium User: subject to payment of the fees, use of the Services for the contracted term, in accordance with the plan you have chosen. 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.
- 3.2 Cancellations. You may cancel your Account at any time. All cancelations should be addressed to: email@example.com. No refunds will be given for early termination unless we are in breach of these terms. In addition, we reserve the right to cancel this agreement with you if (a) the provision of the Services is, in our sole opinion, no longer commercially or otherwise viable or (b) 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).
- 3.3 Termination for breach. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel the account of any Free Trial User at any time, with 30 days’ notice of termination, and of Premium Users by providing you with 30 days’ notice prior to the end of any Premium User term.
- 3.4 Upon Termination. On termination for any reason, your access to your Qustodio 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). You shall uninstall all Qustodio Device Software following the instructions of your Device operating system.
4. Your Responsibilities
- 4.1 Registration. You must register and create a Qustodio Account in order to access and use the 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 at all times be correct, complete and accurate. A verification email will be sent to you, and We will try to provide you with access to the Services immediately.
- 4.2 Passwords. Passwords for your Qustodio Account must be kept confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon disclosure of the passwords, or upon learning of any unauthorised use of your Qustodio Account or any other breach of security known to you.
- 4.3 Qustodio Platform. You are solely responsible for how the Qustodio Platform dashboard controls are configured and the processing of any personal data through the Services as a consequence, including its collection, storage and analysis on the Qustodio Platform. Qustodio only implements automatically the configuration and instructions provided by you.
- 4.4 Collaboration with compliance with current regulations. You agree that we can configure the Services so that access to certain websites, protocols or technologies (hereinafter "Certain Services of Information Society") is not possible while the Services are used. Especially, but not only, we can use this option in cases where (a) it is known or suspected that these are used to violate mandatory applicable laws and regulations and / or (b) if we believe (at our absolute discretion) that these may be harmful to the Services.
5. User Data
- 5.1 User Content. The Services monitor and store information transmitted from the Devices where the Qustodio Device Software is installed, which may relate to both offline and online activities of Users (usage of applications, searching, social networks, browsing, etc.), certain communications (social network forms, instant messaging, etc.), and includes without limitation contact names and other information of the User Account in the Services (collectively, “User Content”). While we collect, stores and analyses this information for You and on your behalf, you and the Users are sole owners of this information and are solely responsible for all User Content that is transmitted to us. You, on your own behalf and on behalf of your Users, grant us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable licence to store User Content on our servers for purposes set out in these Terms.
- 5.2 Responsibility for User Content. We do not control or supervise any User Content, except when required to in accordance with your instructions (e.g. through configuration of the Qustodio Platform) or by applicable law, competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content if we become aware that it infringes or may infringe the law or third party rights.
- 5.3 User Content on termination. In the event of termination for any reason, your access to your Account and all of your User Content will be disabled and your User Content will be deleted. However, we may retain such User Content (a) under backup protocols and (b) 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.
- 5.4 Data retention. If there are any data you wish to retain for legal purposes, you must request 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 Terms, 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.
6. Qustodio Device Software
- 6.1 License Grant. Subject to the Terms set out herein, you are hereby granted a non-exclusive and non-transferable licence (without right to sub-license) to install and use one copy of the Qustodio Device Software on each of your Devices, for your own internal and private (domestic) use only.
- 6.2 Free trial use. You may use the Qustodio Device Software with certain limited functions under the above License at no charge (as indicated by Licensor) for home use only on an as-is basis. This license includes only downloading, installing and using the Qustodio Device Software on Devices at home under your control.
- 6.3 Premium Use: You may install and use the Qustodio Device Software on additional Devices and with additional features if you are a Premium client.
- 6.4 Restrictions on Use. Qustodio may only be used for monitoring usage of Devices in a domestic context, 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 your User’s fundamental rights) or other applicable regulation. In addition, you may not: (1) copy (other than for back-up purposes), distribute, rent, lease, transfer or sublicense all or any portion of Qustodio Device Software; (2) modify or prepare derivative works of Qustodio Device Software other than for your own use; (3) use Qustodio Device Software in a computer-based services business or publicly display visual output of Qustodio Device Software; or (4) reverse engineer, decompile, or disassemble Qustodio Device Software except for debugging modifications or otherwise permitted by mandatorily applicable law.
- 6.5 Technical Requirements. The technical requirements of the Qustodio Device Software are set out in at www.qustodio.com (in particular, https://www.qustodio.com/es/help/article/2176698/) .
- 6.6 Third party code. This software includes certain Qt software components linked by shared library mechanism, distributed under the LesserGPLv2.1 license - http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. A copy of this license may be found at the listed URL and you may obtain a copy of the source code by emailing us.
7. Charges and Payment of Fees
- 7.1 Fees. Fees for any payment plans are set out at www.qustodio.com and on your premium registration form (“Fees”). For the 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 us or as agreed by us. We are not responsible for the data processed by our payment gateway provider which will be done pursuant to the terms made available to you in the payment process. 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 additional Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions, and the overall subscription fees will increase accordingly.
- 7.2 Price updates. Prices for the Services may change at any by giving you at least thirty (30) days prior written notice. If you do not reject such a price change in writing requesting the termination of the Services, you will be deemed to have accepted the new prices. New prices applying to the next renewal period or subscription can be communicated at the moment of the subscription or renewal. In case of any continued use of the Services after the date of renewal, you will be deemed to have accepted the new prices.
- 7.3 Invoicing: Invoicing for Fees will be issued upon acceptance of the online order and 15 days prior to renewal of the subscription period. You will be invoiced for additional Users- for a full period, regardless of the start date. Renewals are charged with regularity as set out in your order form. Unless otherwise specified in the order, invoices are issued in euros or dollars (as indicated). You agree to provide us or our distributor complete and accurate billing and contact information.
- 7.4 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).
- 7.5 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 Services.
- 7.6 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 clause, 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.
8. Service Provision, Security and Support, Suspension
- 8.1 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 except for our own negligence, 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.
- 8.2 Security. You understand that the Services will be used for transmission of your User Content to the Qustodio Platform, collected from the Devices associated to the User Account, and that during processing, this 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.
- 8.3 Confidentiality. We agree to keep confidential and use best efforts to prevent and protect the User Contents from unauthorized disclosure or use, except when required to disclose such User Content by court of law or public authority.
- 8.4 Tracking. In addition to monitoring User behaviour at your request and on your behalf in accordance with these terms, which is the principal objective of the Services, you agree to us including optional functional usage tracking capability which allows us to collect, for improving our own Services, general statistical information about Service usage. This information is collected by us associated to your Account, but is subsequently processed on an anonymous basis.
- 8.5 Support. We try to provide the Services 24/7, however due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure), the Services may be temporally suspended or affected. Our support policy is set out www.qustodio.com.
- 8.6 iOS users: On installing Qustodio Device Software on iOS Devices, due to the technical configuration of the system, all data transmitted to and from the Device are channelled through our servers, such that we are visible to third parties as your internet access provider and owner of the IP address from which the communications originate. While Qustodio is NOT your internet access provider, due to this configuration we may receive notifications (“Notification”) from third parties relating to your User’s online behaviour, including but not limited with respect to downloading and/or viewing online content, publishing content online, opening online accounts, and/or the use of third party Apps and programs. If we receive any such Notification that your User’s are engaged in any activity that is or may be illegal or breach third party rights, or if we otherwise believe (at our reasonable discretion) that any of your Users’ activity is or may be prejudicial in any manner to the provision of the Services, we will notify you of the same. We reserve the right to (and we will, if we are obliged to by court or applicable law or to protect our interests and business, and in particular but without limitation if we receive any Notification from third parties or if the User activity on a Device is or may, in our opinion, be prejudicial to the provision of the Services) (a) suspend or block access of your Device/s to the Internet or to certain websites/services of the Internet, and (b) provide to any party providing us a Notification or to a court of law or public authority, your name and contact details and/or (c) terminate your account. YOU EXPRESSLY CONSENT TO THE DISCLOSURE OF YOUR CONTACT DETAILS IN THIS EVENT. We will not suspend your access or provide these details to any third party without notifying you first.
9. Privacy and Data Protection
- 10.2 Guarantee of conformity (if applicable). Should the consumer rules be applicable to you, we recognise and warrant that the Services conform the description given by Qustodio and conform to applicable laws. You should consult the deadlines, forms and consequences of exercising this right to the applicable specific consumer legislation.
- 10.3 No application of the right of withdrawal. Because the provision of the Services starts and runs completely at same time as each new subscription period begins simply by entering your Qustodio Account, you agree that in case applicable regulations gives you a right of withdrawal, you will and may not exercise such right of withdrawal in order to waive to your subscription for that period and recover payment of the subscription period.
- 10.4 Limitation of Warranties. Except as established by mandatorily applicable law, your use of the Qustodio Platform, Software and/or Services, 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.
- 10.5 Links. Our Qustodio 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.
- 11.1 Liability Limitation. You agree that your use of the Services shall be at your sole risk and responsibility. To the maximum extent permitted by mandatory applicable law, in no case is the Company, its directors, employees, shareholders, or affiliates responsible or liable for any 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 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.
- 11.2 Our aggregate liability arising out of this statement or Qustodio will not exceed either (a) the greater of one hundred euros (€100) or (b) the total fees paid by you to the Company until the date, whichever amount is the lowest. 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.
12. Intellectual Property Rights
- 12.1 Ownership. We own or are licensees of all intellectual and industrial property rights in the technology underlying the Services. Access to and use of our Services does not imply any transfer of all or part of these rights to you. Qustodio Device Software shall remain the exclusive property of Qustodio and all rights therein, including all rights in patents, copyrights, trademarks and trade secrets applicable thereto, shall remain vested in Qustodio and/or our licensors. You shall do nothing inconsistent with our title. You shall not transfer, sell, assign, sublicense, pledge or otherwise dispose of, encumber or suffer a lien or encumbrance upon or against any interest in the Software without our prior written approval. You shall not remove any trademark, trade name, copyright notice or other proprietary notice about our Services.
- 12.2 Trademarks. You will not use our trademarks, trade names, logos, domain names, other distinctive brand features or any copyrighted material or which are associated with “Qustodio” without our consent.
- 13.1 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.
- 13.2 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 Services.
- 13.4 Contact and notifications. You agree to receive our email notifications related to the Services. We will not share your email with third parties except as indicated herein. 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.
- 13.5 Law and Jurisdiction. These Terms and the provision and use of the Services 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 the Services, 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.
- 13.6 Online Conflict Resolution. The European Commission provides an online dispute resolution platform available here: http://ec.europa.eu/consumers/odr/
- 13.7 Contact. Any questions regarding Qustodio, our products and services or these Terms should be addressed via the online web form or to firstname.lastname@example.org. Qustodio Technologies S.L.U. is registered in the Barcelona Commercial Registry, volume 43243 sheet 24 page 428716. Its registered address is Passeig de Gracia 18 Planta 2 08007 Barcelona, Spain. VAT nb: ESB65825523.