These terms and conditions (“Terms") govern the access to and use of the Services (as defined below) provided by EonScope Inc (the “Licensor", “Company” or “we/us”) for end users of the Services (“You”) offered at Yubi App which is available in the applicable app stores. You hereby agree that you have read, understood and accepted these Terms which were made available to you before starting to use the Services.
By downloading, installing, accessing or using the Yubi App, you are bound by this Agreement. Please read this agreement carefully, as it is constitutes a legal agreement between you and Yubi. If you do not agree to this Agreement, you are not authorized to download, install, access or use YubiApplication and Yubi does not grant you a license, nor any right to access or use the Yubi app.
We provide our Services for you to be able to monitor and control the use of your and your family’s computer devices, with a parental control panel which allows you to set the level and degree of monitoring of the devices associated with your User Family Account (as defined below). The Services also include optional services for safe navigation and search. The purpose is to enable You to control the use of these devices by their Users (as defined below), when and to the extent that such activity is permitted by applicable law and without infringing the rights of others (including the fundamental rights of Users) or other applicable regulations.
You are solely responsible for use of the control panel and the processing of personal data associated with your Family Account which includes, among others, collecting, storing and analysing personal data from device Users. The Yubi Application (as defined below) automatically deploys the configuration and the instructions given by You and You are solely responsible for the configuration of this control panel.
You warrant that (a) you are older than 18 years old and (b) either you are the owner of the Devices (as defined below) on which you wish to install the Yubi Application (as defined below), or that you are the tenant of such Devices and, if legally required, have the authorisation of the owner of such Devices.
The Company disclaims responsibility for any illegal use you make of the Services.
The Yubi Application (as defined below) is 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.
“Yubi App” means the app developed by Yubi and downloaded and installed in your Device/s to enable 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 Yubi App are set out in the applicable online 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.
“Yubi Service” means the Yubi parental control service, based on the Yubi Application.
“Services” means the services provided herein which includes download of the Yubi App, required setups such as VPN profile and the Yubi Service that made available to you at http://www.yubi.live and on the applicable app store.
“Users” means any natural person using the Devices on which the Yubi App.
“Yubi Control Panel” means the Yubi Application’s Control Screen providing access to the Yubi online parental control panel (dashboard) 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 Yubi Family Account.
“Yubi Family Account” (or “Family Account”) means the Family Account created by You in order to access and use the Services.
- Use of the Service and Conditions
- 2.1 Setup. The Yubi Service comprise the Yubi App and related Services which enable you to route your devices DNS queries and traffic data through the Yubi network. The Yubi app will require that you install a VPN profile on your device to be enabled. Once installed, you can enable the protection offered by Yubi App to route all of your devices DNS queries in an encrypted fashion to Yubi’s Public DNS resolver. Although the Yubi App may need to install a VPN profile on your device and operates similarly to a VPN product or service, the Yubi is not designed to hide your identity from the Internet properties you access from your device.
- 2.2 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.
- 2.3 Conditions. You are responsible for all activities undertaken under your Family 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.
- 2.4 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.
- 2.5 Exclusion. We reserve the right to exclude you from the Yubi App and Services without prior warning should you, or any of your users, breach these Terms.
- Subscription Terms, Payment, Renewals and Cancellations
- 3.1 Subscription Terms. Yubi Services are provided to you as paid Services on subscription basis for the length of term specified during the initial sign-up process (“Subscription Term”). All of your subscriptions to Paid Application Services will automatically renew for periods equal to your initial Subscription Term, and you will be charged at our then-current rates unless you cancel your subscription through the App Store (defined below) prior to your next scheduled billing date.
- 3.2 Subscription Terms. Subject to payment, when applicable, of the fees, your Yubi Family 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 15 days from the registration of the User Family Account.
b) Paid Use:subject to payment of the fees, use of the Services for the contracted term, in accordance with the plan you have chosen. Subsciptions are automatically renewed for the same term, unless written notice of cancellation is provided by either party at least 30 days’ prior to renewal.
- 3.3 Recurring Billing. In order to access those Application Services for which we require a subscription fee you will be required to provide the Apple App Store or Google Play Store, as applicable (each, an “App Store”) with your credit card information (“Payment Method”). By providing a Payment Method you are authorizing us to charge your Payment Method through the App Store for the subscription fees associated with the Paid Application Services that you sign up for. Any Payment Method that you provide must be valid, and kept current by you during the Subscription Term. By providing us with a Payment Method, you represent and warrant that you are authorized to use such Payment Method. Your Payment Method for the Paid Application Services will be billed on the day that you sign up for such Paid Application Services, regardless of whether you have fully configured the Paid Application Services as of that date.
- 3.4 Price Changes. We reserve the right to change the subscription fees that we charge for the Application Services, at any time in our sole discretion, provided that we give you at least thirty (30) days’ prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the billing period immediately following our notice to you.
- 3.5 Cancellations. If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your App Store account and follow the instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Application from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Yubi. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Yubi subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Yubi subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
- 3.6 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 not be invoiced for additional Users or Devices- 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.
- 3.7 Taxes. Unless otherwise provided, prices do include only VAT but do not include any other tax. 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.
- 3.8 Refund. Subscription fees are subject to the app store refund policies and are issued solely at the discretion of the app store. You will be billed in full for the subscription term in which you cancel and no refunds will be provided for the unused portion of such subscription term. We may, in our sole discretion, provide a refund, discount, or credit (“Credits”) to you in a specific instance, however the provision of Credits in a specific instance does not entitle you to Credits in the future for similar instances or obligate us to provide additional Credits.
- 3.9 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 Family Account of any Free Trial User at any time, with 15 days’ notice of termination, and of Premium Users by providing you with 15 days’ notice prior to the end of any Premium User term.
- 3.10 Upon Termination. On termination for any reason, your access to your Yubi Family 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 the Yubi App following the instructions of your Device operating system.
- Your Responsibilities
- 4.1 Registration. You must register and create a Yubi Family Account in order to access and use the Services. To register, you must create an Family 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 Yubi Family 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 Yubi Family Account or any other breach of security known to you.
- 4.3 Yubi Control Panel. You are solely responsible for how the Yubi Control Panel controls are configured and the processing of any personal data through the Services as a consequence, including its collection, storage and analysis on the Yubi App. Yubi 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.
- User Data
- 5.1 User Content. The Services monitor and store information transmitted from the Devices where the Yubi App is installed, which may relate to online activities of Users (usage of applications, searching, social networks, browsing, etc.) and includes without limitation contact names and other information of the User Family 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 Yubi Control Panel) 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 Family 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.
- Service Provision, Security and Support, Suspension
- 6.1 Service Provision. We use reasonable endeavours to make available to you at all times the 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.
- 6.2 Security. You understand that the Services will be used for transmission of your internet requests to the Yubi App Currently they are not stored in an encrypted manner, as this would prevent the monitoring and filtering services.
- 6.3 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.
- 6.4 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 Family Account, but is subsequently processed on an anonymous basis.
- 6.5 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.yubi.live.
- Privacy, Data Protection and Third Parties
- 7.2 Third Parties. The Agreement forms a contract between you and Yubi, as applicable. Your wireless carrier, the manufacturer and retailer of the device on which you install the Yubi app, the developer of the operating system for your device, and the operator of any application store or similar service through which you obtain the Yubi App (collectively, the “Third Parties”) are not parties to this Agreement. The Third Parties do not own and are not responsible for the Yubi App. The Third Parties are not providing any warranty for the Yubi App. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Yubi App. Any inquiries or complaints relating to the use of the Yubi App, must be directed to the correct address provided in the “contact information” below. By accepting this Agreement, you also accept that you comply with all applicable Third Party terms of agreement when using the Yubi App. You acknowledge and agree that the Third Parties and their subsidiaries, are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of it, they will have the right to enforce this Agreement against you as a third party beneficiary of this Agreement.
- 8.2 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 Yubi App and conform to applicable laws. You should consult the deadlines, forms and consequences of exercising this right to the applicable specific consumer legislation.
- 8.3 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 adding devices to your Yubi Family 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.
- 8.4 Limitation of Warranties. Except as established by mandatorily applicable law, your use of the Yubi App, 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.
- 9.1 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 Family 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 Yubi will not exceed either (a) the greater of one hundred US dollars (100 USD) 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.
- Intellectual Property Rights
- 10.1 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. Yubi Appshall remain the exclusive property of Yubi and all rights therein, including all rights in patents, copyrights, trademarks and trade secrets applicable thereto, shall remain vested in Yubi 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.
- 10.2 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 “Yubi” without our consent.
- 11.1 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.
- 11.2 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.
- 11.4 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 Family 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.
- 11.5 Law and Jurisdiction. These Terms and the provision and use of the Services are subject to US 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 US Courts 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.
- 11.6 Online Conflict Resolution. The European Commission provides an online dispute resolution platform available here: http://ec.europa.eu/consumers/odr/
- 11.7 Contact. Any questions regarding Yubi, our products and services or these Terms should be addressed via the online web form or to [email protected] EonScope Inc is a US company registered at 2035 Sunset Lake Road Suite B-2 19702 Newark Delaware – USA address.