Terms of Service

Qustodio Family

V 02 05 2024

  • INTRODUCTION AND ACCEPTANCE

Please read carefully these terms and conditions (hereinafter, “Terms of Service”) applicable to the use of Qustodio Family platform (hereinafter, “Qustodio Platform”) and Qustodio End-Point software (hereinafter, “Qustodio Software”), Qustodio Family services (collectively, the “Qustodio Services”) and Qustodio one-on-one counselling services (hereinafter “Family Therapy”) provided by Qustodio Technologies, S.L. (hereinafter “Qustodio”,”We” or “Us”) with CIF B-65825523 and domicile at Roger de Flor 193, 08013, Barcelona, Spain, registered in the Companies Registry of Barcelona, volume 38188 Sheet B322132 page 78.

If you as a subscriber to Qustodio Services and licensee of Qustodio Software (hereinafter “You” upon acceptance of the Terms of Service) do not agree to the Terms of Service, you must not install Qustodio Software or use Qustodio Services. 

You represent you have read and accept the Qustodio Family Privacy Policy available here, the terms of which are an integral part of these Terms of Service.

By using Qustodio Services you agree to be bound by these Terms of Use. Failure to comply with any part of these Terms of Use may result in the termination of your Qustodio Family account. You affirm you are fully capable and empowered, being over 18 years old, to enter into these Terms of Service.

  • QUSTODIO FAMILY SERVICES

  • Description

Through Qustodio Services, we provide services for the monitoring and control the use of your or your family’s computer devices (“Monitored Devices”) with a parental control panel which allows you to configure the level and scope of the monitoring and filtering of the Monitored Devices with your account (“Qustodio Account”), providing you with safe navigation and browsing.

The purpose is to allow you to control the use of these Monitoring Devices by children (“Users”) so that both you and Users can benefit from this technology, helping Users to manage behavioural difficulties in accessing and using the Internet on their own.

Qustodio Services are designed and intended exclusively for families and non-professional, non-educational environments. If you use Qustodio Services outside the family context, you do so at your own responsibility and agree that only these Terms of Service will apply to you. You will have access to the service levels and support established in these Terms of Service, and not those provided for other services offered by us.

The Family Therapy service, if selected, can connect You with professionals specialized in helping families with internet usage. Qustodio will only connect You with those professionals upon your request, and is not involved in the provision of any professional services. You can find further information in Annex 1 below.

  • Use of Qustodio Services

Use. You agree to use Qustodio Services in accordance with these Terms of Service and applicable laws, in particular, those related to privacy, image rights, honour and reputation, telecommunications secrecy, personal data protection, labour relations, non-discrimination and disclosure of secrets, and any other regulations governing children’s rights. Qustodio is not responsible for the use you make of Qustodio Services. You will not use Qustodio Services in any way that may deteriorate them, or to provide services to third parties or for engage in  activities contrary to the law. You may use the Qustodio Services only through the user interfaces of the Qustodio App on the Monitored Devices and the Qustodio portal and parental control panel at dev.qustodio.com, and not through any other interfaces.

Legal Compliance: in order to use the Qustodio Service, You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. 

Restrictions on Use. You will refrain from using Qustodio Services when it cannot guarantee compliance with any of the following stipulations:

  1. Qustodio Services can only be used for the purpose of monitoring Devices that belong to You or to Users, or are legally under your control, and when applicable legal regulations allow such monitoring without violating the rights of Users or other binding rules.
  2. You will only use Qustodio Services for personal use and in a domestic setting.
  3. Qustodio Services should only be used after informing and obtaining, unless mandatory compliance with the country’s regulations exempts this, the consent of Users in accordance with applicable regulations, that is, by obtaining informed consent from Users over 14 years of age.
  4. You agree not to use the Qustodio mobile application, your Qustodio account data and tokens or authentication elements, elements of the parental control platform other than its graphical user interface, or any connection or connectivity to the Qustodio Services and/or the Qustodio Software and parental platform for any use not expressly authorized in these Terms of Service.
  5.  You are prohibited from using the Qustodio Services to (a) reverse engineer them (b) violate cybersecurity measures implemented by Qustodio, (c) interfere with and/or damage Qustodio’s technologies, (d) transmit viruses, and (e) gain unauthorized access to any computer system, server or network of Qustodio (in particular, the “Qustodio API”), or (f) gain unauthorized access to any Qustodio computer system, server or network, (f) access data from your Qustodio account or other users on the Qustodio Services, beyond what is permitted for registered users of Qustodio and the parental control panel through the graphical user interfaces made available to customers and users.

In any case, it will be your sole responsibility to ensure the legitimate use of Qustodio Services and you will indemnify Qustodio in case of unlawful use of Qustodio Services, in accordance with the ‘Indemnification’ section.

Registration. In order to use Qustodio Services, besides complying with the previous paragraph, You must create a Qustodio Account online at dev.qustodio.com either free of charge (“Free Qustodio Account”) or paid for (“Premium Qustodio Account”) and complete the corresponding form with your complete and updated information, and agree to these Terms. Passwords are confidential and therefore you must ensure their correct use. You also agree to immediately notify us of any unauthorized use of your Qustodio Account or any other breach of security of which you become aware. Upon receipt of confirmation of your Qustodio Account, you will be granted a limited, revocable, non-exclusive and non-transferable license to use Qustodio Services in accordance with these Terms.

Duration. The Qustodio Account will be activated and will remain in effect unless cancelled by You or Us, as provided below:

  • Free Qustodio Account. Use of Qustodio Services will be limited to 30 days from the day You register Your Qustodio Account.
  • Premium Qustodio Account. The use of Qustodio Services will be subject to the payment of fees for the contracted term, according to the plan You have selected. Subscription renewal will be automatic and for the same term as previously selected by You, unless You notify otherwise in writing at least 30 days prior to the renewal date. 

Cancellation. You may cancel your Qustodio Account at any time. All cancellation requests should be sent to: support@qustodio.com. We may cancel your subscription immediately in the event of a breach of these Terms of Service by sending you written notice to your email address. We reserve the right to terminate our relationship with you, in the event that your Qustodio Account is inactive for more than 1 month, by sending you a 15-day written notice to your email address. We also reserve the right to terminate your Qustodio Account for any other circumstances we deem appropriate, as well as when your Free Qustodio Account, by giving you 30 days written notice to your email address.

End of Qustodio Services. In the event of termination of the relationship with Us for any reason under these Terms, access to your Qustodio Account will be disabled and your content will be deleted, except for backup copies (for backup recovery purposes only or for any contingency that may arise in connection with your Qustodio Account) or must be retained by us because of any legal liability arising from our relationship with you. We will keep such data properly blocked under the terms of our Privacy Policy.

Security. You understand that Qustodio Services may be used to transmit the content of the Monitored Devices and the content of communications (including first and last names, emails, messaging or social networking communications, etc.) will be transmitted in an encrypted manner over the Internet.

Qustodio Software. Qustodio grants you a revocable, non-transferable license to install and use one copy of Qustodio Software on the number of Monitored Devices for which a license has been purchased.  Qustodio Software includes the QT programs dynamically linked to Qustodio, which are distributed under the LGPL v2.1 license, online at https://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. A copy of this license is available at the web address (URL) indicated. You are prohibited from (a) reproducing (except for a backup copy), modifying, distributing and communicating to third parties Qustodio Software outside your computer systems; (b) using Qustodio for the provision of remote services to third parties; (c) reverse engineering and decompiling any part of Qustodio software. The following conditions will also apply depending on whether the subscription is contracted:

  • Free Qustodio Account. You may use Qustodio Software for Monitored Devices with certain limited features under the above license at no charge (as indicated by Licensor) for domestic use only under the minimum warranty criteria known as “as-is” software. This license includes only the authorization to download, install and use Qustodio Software for Monitored Devices that are under your control and in your home.
  • Premium Qustodio Account. You may install Qustodio Software for Monitored Devices under a Premium Qustodio Account on additional Devices and with additional functionality as indicated in the contracted Plan. In the event your Premium account offers an unlimited number of Monitored Devices, be advised that Qustodio reserves the right to contact you upon the addition of 25 devices or more, for the purpose of reviewing your account. This is to ensure compliance with the authorized usage stipulations of the Qustodio Service. Upon successful completion of this review, Qustodio will extend the number of Monitored Devices that may be linked to your Qustodio Account in tiers of 25 additional devices.
  • Fees and other charges

Fees. The fees (“Fees”) for any plan are set forth at dev.qustodio.com and on your Premium Qustodio Account registration form. For payment plans of Your Premium Qustodio Account, You agree to pay the Fees set forth in the plan selected by You. Payment is through the online payment system provided by Us or as agreed upon by Us. On periodic renewal, You will be charged at the then-current price, unless otherwise agreed in writing with Us. Payments are non-cancellable and non-refundable. If any Users or Monitored Devices are added during the subscription period in addition to the maximum contracted, they will result in an increase in the price of the Fees in accordance with the price levels of the subscriptions contracted at the beginning of that subscription period.

Price updates. The prices for Qustodio Services may change at any time during the subscription period by giving you thirty (30) calendar days or more written notice. If You do not object to such a price change in writing requesting termination of Qustodio Services, You will be deemed to have accepted the new prices. New prices applicable to the next renewal or subscription period may be communicated to You prior to subscription renewal. Any continued use of Qustodio Services after the renewal date will be deemed to have accepted the new prices.

Billing. Invoices will be issued at the effective moment of payment by the users. You will be billed -at start-up and for additional users- for a full period, regardless of the start date. Renewals are invoiced as regularly as indicated on the order form. Unless otherwise stated in the order, invoices will be issued in euros or dollars (as indicated). You agree to provide us or our distributor with complete and accurate billing and contact information.

Delays in payments. Late payments will bear interest at the rate of 1.5% per month or the maximum rate permitted by law (whichever is less). Interest will be generated from the date of such late payment until the date of payment. In the event of late payment, We may condition future renewals of subscriptions and order forms on payment terms shorter than those generally specified, or we may suspend or terminate this agreement and access to Qustodio Services.

Taxes. Unless otherwise stated, prices do not include applicable taxes, including, without limitation, VAT or equivalent sales tax applicable to you. The calculation and payment of such taxes is your responsibility. If we are legally obliged to pay or collect taxes for which you are responsible under this paragraph, the relevant amount will be invoiced and paid by you, unless you provide us with a valid tax exemption certificate authorised by the relevant tax authority.

  •  Applicable provisions

Ownership. Qustodio is the owner or licensee of all intellectual and industrial property rights related to Qustodio Services. The use of Qustodio Services does not imply any assignment of all or part of such rights to you or your Users. 

Registered trademarks. You will not use our trademarks, commercial names, logos, domain names, other distinctive features of the marks, or any material subject to copyright or associated with Qustodio Services without our consent. You will not remove any information or notices of authorship, ownership of rights or trademarks of Qustodio.

User Contents. In order to provide Qustodio Services, the Platform monitors and stores information transmitted from the Monitored Devices where Qustodio Software is installed, about local and online activities (use of applications, search, social networks, browsing, etc.) and communications (certain forms of social networks, instant messaging, etc.). This information is collected, stored and analysed on your behalf and under the system configuration you perform, and you and the User involved are the sole owners of the content and are solely responsible for all information transmitted to us. You grant us a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to store and process such content on our servers for the provision of Qustodio Services.

Warranties. Qustodio Services will be provided in a professional and diligent manner, in accordance with applicable regulations. Any service errors should be notified to the support service support@qustodio.com. Except for this express warranty, to the maximum extent permitted by applicable law, Qustodio makes no other warranty, express or implied, regarding Qustodio Services, and disclaims any warranty of fitness or satisfactory quality of the Qustodio Services. If You downloaded the Qustodio Service from Apple’s “App Store”, in the event the Qustodio Service fails to conform to these warranties, you may notify Apple, and Apple will refund the Fees you paid. You are aware that Apple has no other warranty obligation with respect to the Qustodio Service and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform with any warranty herein is Qustodio’s responsibility, in accordance with the provisions of these Terms of Service.

Claims: Qustodio is the sole responsible for addressing any claims from You or any third party relating to the Qustodio Software, your possession and/or use of the Qustodio Software. Furthermore, Qustodio is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Limitation of liability. Except to the extent permitted by applicable law: Qustodio will not be liable for (A) any indirect loss, including, but not limited to, lost profits, loss of business opportunities, goodwill or reputation, business interruption, computer failure or other damages; (B) losses arising out of or in connection with the following actions (i) unlawful and/or contrary uses to the provisions of the Qustodio Terms of Service, and in particular, the restrictions on Use set forth in its Clause 2 (ii) the use or inability to use Qustodio Services; (ii) unlawful or unauthorized access to User Data under the provisions of the Privacy Policy; (iv) the deletion or loss of data or messages transmitted through the Qustodio Services or (v) any changes to o Qustodio Services notified to You; (vi) statements or conduct of any third party in providing Qustodio Services. In any event, our liability will only be for direct damages and will in no event exceed the total amount paid by You under the Qustodio Services in the twelve (12) months prior to the event causing the damage. This limitation will not apply in cases of wilful misconduct or damage directly caused to individuals or death.

Indemnification. You agree to indemnify and hold us harmless in connection with any matter related to your misuse or improper use of the Qustodio Services to the fullest extent permitted by law.

Modifications. Qustodio reserves the right to modify the design and/or configuration of the Qustodio Services offered, without materially reducing the services offered. In addition, we may modify or update these Terms of Service (including the Privacy Policy). Any substantial modifications will be notified to you, through your provided Qustodio Account email, in a reasonable manner before the modification takes effect, and will be effective on the date of publication. Any further use of the Services will be subject to the new Terms, which you should read carefully.

Provision of service and support. We try to offer Qustodio Services 24 hours a day, 7 days a week. However, due to maintenance, security or capacity issues, as well as some events beyond our control (force majeure), Qustodio Services may be temporarily suspended or affected. Any service errors should be reported to the support service support@qustodio.com. We undertake to respond to Your inquiries within 3 business days. You are aware that the entity providing the application store where you downloaded the Qustodio Software has no obligation whatsoever to provide any maintenance nor support service with respect to the Qustodio Software.  

Non-application of the right of withdrawal. You are aware that in the event that the applicable consumer regulations recognize you a right of withdrawal, since this is a service provision that is fully performed when each new subscription period begins with the simple provision of your user account (i.e., you have been provided with the tools to use your Qustodio Account or you already had them available from other subscription periods), in accordance with the applicable regulations you can no longer exercise your right of withdrawal for the purpose of waiving your subscription for that period and recovering payment for that subscription period.

iOs Users. Upon installation of Qustodio Software for Monitored Devices with iOS operating system, due to the technical configuration of the system, all data transmitted to and from the Device is channeled through our servers, in such a way we are visible to a third party such as your Internet access provider and the owner of the IP address from which communications originate. Although we are NOT an Internet access provider, due to this configuration we may receive notifications (“Notification”) from third parties regarding the User’s online behaviour, including but not limited to downloading and/or viewing online content, posting online content, opening online accounts, and/or using third party applications and programs. If we receive such a Notice stating your User engages in any activity that is or may be illegal or violate the rights of third parties, or if we believe (in our reasonable judgment) any activity by your Users is or may be detrimental to the provision of the Services, we will notify you. We reserve the right to (and 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 a Notice from a third party or if user activity on a device is or may, in our opinion, be detrimental to the provision of the Services): (a) suspend or block access to your Device(s) to the Internet or to certain websites/internet services; and (b) provide any party providing the Notification to us or a Court or public authority with your name and contact details and/or (c) terminate your Account. YOU CONSENT TO THE DISCLOSURE OF YOUR CONTACT DATA FOR THIS PURPOSE AND SUSPECTED PURPOSE. We will not suspend your access or provide such data to any third party without first notifying you.

  • MISCELLANEOUS 

Confidentiality. You agree to maintain confidentiality and use your best efforts to prevent and protect Qustodio Services and its technical documentation from unauthorized disclosure and/or use of the Services.

Integrity. These Terms of Service set forth the entire agreement between the parties with respect to the subject matter hereof. Any representations, promises or conditions not expressly set forth in the aforementioned texts are not binding on the parties. If any provision of this Agreement is held to be unenforceable, such provision shall be enforced in a modified form to the extent necessary to make it enforceable.

Notifications. You agree to receive our emails regarding the Terms of Service. We will not provide your email address to any third party. We may contact you to provide you with information and send you service notifications regarding your Qustodio Account, or when required by law. You hereby recognize and consent that such notifications will be effective at the time we post them on our sites or send them to you by e-mail. If you do not provide us with accurate information, we cannot assume any liability in the event that we are unable to notify you.

Links. Our Qustodio Platform contains links to third-party websites. We do not make any representations of any kind, nor do we assume any responsibility for or have any control over such sites. Any third-party content or a link to a third-party website is for information purposes only and is not part of the Qustodio Service.

Jurisdiction and applicable law. These Terms of Service shall be governed by Spanish law. All disputes, discrepancies, controversies, questions or claims resulting from the interpretation, execution, breach, resolution or invalidity of this contract or related to it, directly or indirectly, shall be submitted, with express waiver of the jurisdiction that may correspond, to the Court of the subscriber’s (You) domicile. Notwithstanding the foregoing, both parties will make all reasonable efforts to try to resolve disputes amicably.

Third Party Beneficiary: If you downloaded the Qustodio Software from the “Apple Store”, you acknowledge that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service. Upon Your acceptance of these Terms of Service, Apple will have the right to enforce these Terms of Service against You, as a third party beneficiary. 

Online Dispute Resolution (ODR) The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/

Annex 1 – Family Therapy. 

Through the Family Therapy service, You can connect with professionals specialized in helping families with internet usage behavior (“Coaches”). Qustodio’s role through Family Therapy is limited to enabling you to connect with a Coach and facilitating payment. 

The Coaches are independent providers and are not Qustodio’s employees, representatives, or contractors. They will provide you with the one-to-one coaching sessions (“Sessions”) under their own terms of service that you are required to accept before scheduling the Session. We recommend you carefully read the Coaches’ terms before accepting them.

After you select the Coach, accept his/her terms of service and pay the coaching fees, the Coach will get in touch with you. Be aware that these fees are charged periodically until you unsubscribe from the coaching service. If you are not satisfied with the Coach’s services, you can unsubscribe at any time, but Qustodio will not intervene or otherwise be involved in any dispute or claim relating to the Coach’s independent services. 

During the subscription period, you can change to a different Coach you can find on Family Therapy. If a Coach you connected with stops using the Family Therapy, we will notify you and you will have the opportunity to schedule Sessions with other Coaches if you wish.

You recognize that Qustodio is not the provider of the Sessions, has no control over the services provided to You by the Coaches, and neither Qustodio nor its directors, officers or personnel are involved in the provision of the coaching sSessions.

Qustodio is not affiliate with any Coach. The way Coaches are shown in the Family Therapy is not intended to endorse any of them. The Family Therapy will show you available Coaches in random order or based on the criteria specifically chosen by You. 

Qustodio has no access to any data or information of the Sessions and does not endorse any specific test, medication, recommendations, products, or procedures that Coaches may recommend to you.

You choose a Coach and attend the Sessions at your own risk and agree to indemnify and hold us harmless in connection with any matter related to the services provided to you by the Coaches.