Terms & Conditions

§1 Definitions

1. NetFocus Mobile App - Software for mobile devices with internet access (e.g., smartphones, tablets) fulfilling the technical requirements determined herein. Downloadable by the User from the application stores indicated by the Service Provider.

2. User App - The NetFocus Mobile App for mobile devices. Installed on the User’s Device.

3. Administrator App - The NetFocus Mobile App for devices used by the User designated as responsible for managing the Product. Used for User Account and Product management and configuration.

4. User Account - Individual User account created after a single-time registration in the Product. Available upon submitting a login and password. Contains personal information submitted by the User and enables the User to amend it.

5. User Profile - A profile of a person created and registered by the User within the User Account for managing the User App.

6. Terms & Conditions - These Terms and Conditions of using the Product.

7. Product - A web-based product named NetFocus. Consists of the following elements: the Website, the User App, and the Administrator App. Enables the usage of the Service offered and provided via electronic means by the Service Provider in accordance with the Terms & Conditions.

8. Website - The internet sites available at netfocus.io and netfocus.safekiddo.net.

9. User’s Device - A mobile device with internet access (e.g., a smartphone, a tablet). On which the User’s App is installed. Assigned to a given User Profile created within a User Account.

10. Administrator’s Device - A mobile device with internet access (e.g., a smartphone, a tablet). On which the Administrator App is installed. Assigned to a given User Account.

11. Service - An individual service that may be rendered by the Service Provider for the Users within the Product.

12. Service Provider - SafeKiddo spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Warsaw (02-569), Różana 36 lok. 188, Poland. Entered in the registry of entrepreneurs in the National Court Registry under the number 00005323000. With the NIP (tax identification number) number: 7010449679. Email: contact@safekiddo.com.

13. User - an adult natural person, having legal capacity, who registered an account in the Service.

§2 General provisions

1. These Terms & Conditions shall determine the conditions of rendering services available within the Product, including services rendered via the NetFocus Mobile App and the Website.

2. The User, before concluding the agreement for providing Service, shall be under the obligation to register in the Product and accept these Terms & Conditions. After the free trial period, to continue using services available within the Product, the User is obligated to pay the subscription fee.

3. The User shall be under the obligation to observe the provisions hereof and generally applicable laws.

§3 Registration and activation of the Services

1. User Account shall be registered on the Website, where users must fill in a registration form by providing their name and a valid e-mail address and setting up a password and the PIN code.

2. Alternatively, User Account may be registered in the NetFocus Mobile App (on devices operating on the Android, iOS, or Windows operating systems), where Users must fill in a registration form by providing their name and a valid e-mail address and setting up a password and the PIN code.

3. After the registration form is filled in, an e-mail which contains instructions for confirming the account registration shall be sent to the address provided by the User.

4. As a result of correct registration, the Service Provider shall create a User Account assigned to the e-mail and password submitted in the registration form.

5. After the User Account is registered it must be configured by creating a User Profile, i.e., entering the name of the person on whose mobile device the User App is to be installed.

6. After installing the User App on the User’s Device, the User’s login and password must be entered to associate the device with the User Account. If the User creates more than one User Profile, after the User App is installed on the User’s Device, the User must indicate with which User Profile the device is to be associated.

§4 Conditions of using the Services

1. The Service Provider shall be under the obligation to provide Service within the Product on terms stipulated herein.

2. The contract for providing web-based services between the User and the Service Provider shall be concluded upon a successful registration in the Product.

3. The Service Provider shall not be a provider of data transfer services (internet service provider), or telecommunication services, which are rendered by providers of publicly available telecommunication services.

4. The Service Provider shall have the right to modify the technical method of rendering the Service, as per the conditions and scope resulting from the authorizations held by the Service Provider, with no detriment to the quality of Service and with no impact on the rights and obligations of the parties.

§5 Scope of the Services

1. Under the contract, the Service Provider shall render the following payable Service to the User on conditions stipulated herein: making the NetFocus Mobile App available via the internet and providing server capacity to store data processed by the NetFocus Mobile App and the Website.

2. The scope of Service rendered by the Service Provider shall include enabling the User the supervision over (and is not limited to) the following actions on the User’s Device: the viewed internet content, the mobile apps run, the time of internet access through the User’s Device, the location of the User’s Device, displaying reports on the usage of the User’s Device.

3. The User may define in advance selected websites or website categories and applications which may be viewed or run on a given User’s Device or may not be viewed or run on a given User’s Device, or may allow access to individual websites or usage of individual mobile applications after obtaining a request to access such website or mobile application from the User’s Device.

4. The User may also perform recurring and manual scans of the applications installed and files stored on the User’s Device (only in the case of devices using the Android operating system) in order to detect potentially malicious elements compromising the security of the User’s Device.

5. The User may receive the following notifications and information to the submitted e-mail:

   1. Information that the User Account is registered in the Product.
   2. Notification of User App’s requests.
   3. Notification of the state of the NetFocus Mobile App.
   4. Information about new services, features and promotions in the Service and the NetFocus Mobile App.
   5. Information about subscription status and upcoming renewals.
   6. Other, based on specific features of the Service, Product and NetFocus Mobile App.

6. For a detailed description of the Product and its capabilities as well as hints on Service configuration, please go to netfocus.io or other related websites.

§6 Technology limitations and modifications

1. Service Provider will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.

2. In the event of a technical break lasting longer than 24 hours, the subscription period will be extended accordingly.

3. The Service Provider shall not be responsible for non-performance or improper performance of the Service for reasons attributable to third parties or due to force majeure.

§7 Rules of using the Product

1. The User shall be under the obligation to:

   1. Use the Product in a way which does not disrupt its operation.
   2. Provide true, current, and accurate information which is not misleading or does not infringe the rights of third parties.
   3. Update the information provided in the registration form.
   4. Keep the password and login secret and not share it with third parties.
   5. Provide only content deemed legal in accordance with the law.
   6. Not engage in activities aiming to infringe the safety of data processed in the Product, attempt unauthorized access to the Product, and engage in other activities aiming to disrupt the correct operation of the Product.
   7. Use the Product as intended, that is to control the internet access of the User, with full respect for the right to privacy and telecommunication secrecy of the User.
   8. Pay for the Service in due time.
   9. Comply with legal regulations.

2. If it is found that the User infringes these Terms & Conditions, and in particular infringes any of the provisions described in item 1 above, the Service Provider may immediately block or delete the User Account, or limit the possibility to use the Product. The Service Provider may immediately block the possibility to use the Product also in the following cases, among others:

   1. If the Service Provider finds out that the User installed the User App on a device of a person who did not consent to the installation.

3. Removal or blocking the User Account in situations described in this section shall be equal to immediate termination of the contract for providing the Service, to which the Service Provider is entitled.

4. The User represents and guarantees that they are authorized to convey to the Service Provider the data generated in the course of rendering Service for processing, including the list of websites viewed on the User’s Device as well as dates and times of access to such websites or applications. The User represents that they hold the appropriate consents of the persons whose personal and other information the User submits for processing, and that those activities do not infringe on any legal regulations or personal rights of third parties. The User shall have the obligation to indemnify the Service Provider against any liability at their first request if any claims of third parties in the above respect arise and reimbursement of any related costs.

5. The User represents and shall have the obligation to ensure that only the User shall have access to the data referred to in the above item 5 provided to the User as part of the Service.

6. The User shall be under the obligation to use the Service only as a means of oversight over a person, who has provided their explicit consent to this means of oversight and with respect for the person’s dignity and rights, and without activities that would infringe the rights of third parties in any way.

7. The Service shall only be made available on condition that the User utilizes it in compliance with these Terms & Conditions.

8. Using the Service to commit or attempt to commit any criminal act shall constitute a flagrant breach hereof. If the Service Provider has grounds for suspecting such behavior, the Service Provider shall forthwith notify relevant law enforcement agencies and terminate the Service.

9. If there are reasonable doubts as regards the authenticity of the data submitted by the User, the Service Provider shall have the right to limit the possibility of using the Product by the User until the data is verified.

10. The User shall be solely liable for disclosing the login and password to other persons. The User shall be under the obligation to immediately inform the Service Provider about every case of disclosing the login or password to a third party, and about every case of infringing the rules set forth herein.

§8 Fees and costs

1. Subject of the provisions of clause 2 below, using the Product and Service is free for the first 30 days after User Account registration. In order to use the Product and Service after the expiry of the above period, the User is required to pay the subscription fee .

2. The selection of the appropriate payment method is made by entering the User’s credit card details on the User Account via the Website or by selecting a subscription service as part of the Administrator App, including the App Store, Google Play, and Huawei IAP – depending on the platform through which the User decides to pay for the subscription. If the User selects the payment method before the expiry of the period during which the use of the Product and Service is free of charge, referred to in clause1 of this paragraph, the User loses the right to use the Product and Service free of charge, and from that moment the Product and Service are used on the basis of the chosen subscription.

3. The Payment Method chosen to pay for the Service cannot be changed within one User Account.

4. The subscription for using the Product shall be available in three plans:

   1. “User” plan – allows for the creating of an unlimited number of User Profiles to which a maximum of ten (10) User Devices may be associated with the User Account

   2. “Organization” package – allows for the creating of an unlimited number of User Profiles, and a maximum of fifty (50) User Devices may be associated with the User Account.

   3. “Organization+” package – allows for the creating of an unlimited number of User Profiles, and a maximum of one hundred fifty (150) User Devices may be associated with the User Account.

5. If the User wishes to associate more devices with the User Account than allowed via the offered subscription plans, they may contact the Service Provider to inquire whether a custom subscription plan can be arranged. Should such an arrangement be possible, its exact costs and limits shall be determined by an agreement between the Service Provider and User.

6. The subscription fee shall be collected in advance for the chosen period. The subscription period starts in the moment of receiving payment by the Service Provider and ends in the last day of subscription period. After the end of that period a fee for the next period shall be automatically collected in advance unless the User has turned off automatic payment.

7. The current costs of the individual plans are indicated in App Store, Google Play, Huawei IAP and on the Webiste.

8. The User may download the invoice for a given billing period from the User Account via the Website

9. Using the Product may entail additional payments, e.g. data transfer costs. The Service Provider shall not be responsible for any additional payments charged to the User by mobile network operators and internet service providers.

§9 The term of the contract and termination of the Service

1. At the time of installation of NetFocus Mobile App on the Administrator’s Device, the User acquires the license to use the NetFocus Mobile App for the purpose for which it is intended, under the conditions specified in the Terms and Conditions. At this moment the contract for rendering Service within the Product is also concluded for the period specified in § 8.1 Terms and Conditions. In the case of paying the subscription, the contract for rendering Service within the Product is concluded for the duration of the subscription. The contract for rendering Service within the Product may be extended multiple times for subsequent subscription periods.

2. The User may terminate the contract for rendering Service within the Product at any time, especially within 30 days after User Account registration.

3. In order to terminate the contract, the User should delete their User Account through the Website and unsubscribe via App Store, Google Play, or Huawei IAP services (if the User paid for the Service via App Store Google Play or Huawei IAP). In order to delete User Account through the Website, the User should open https://netfocus.safekiddo.net/user and delete their account.

4. The contract may be terminated by the User:

   1. immediately – if 30 days have not elapsed since the User Account was registered and the User has not paid the subscription and has deleted User Account (in this case the contract is terminated with a moment the User Account is deleted),
   2. immediately – after the subscription period has expired, if the User has not paid the subscription and has deleted User Account (in this case the contract is terminated with a moment the User Account is deleted),
   3. immediately – if the User has deleted User Account during the subscription period.

5. The contract may be terminated by the Service Provider immediately in the event of removal of the User Account by the Service Provider in any situation described in § 7.2 Terms and Conditions or point 7 below.

6. In case of termination of the contract during the subscription period by the User (in accordance with point 4 above) or by the Service Provider (in accordance with point 5 above) The Service Provider shall not return the costs for the unused period of access to the Product paid for in advance.

7. The Service Provider reserves the right to delete the User Account if the User has not paid the subscription for at least 3 consecutive months.

8. At the time of removal of the User Account, all data stored in the User Account shall be deleted.

9. The User may suspend the use of the Service by not paying the subscription fee for the next subscription period. In this case, the Service is not provided, but the User retains partial access to the User Account (only “Settings” and “Subscription” tabs). In this case, the User does not have access to the data concerning the User’s Device. All data is stored in the User Account until it is deleted according to point 7 above. At this time, the User may pay the subscription fee and regain full access to the Service.

§10 Intellectual property rights, licence for using the Mobile App

1. The Service Provider shall grant the User a payable, non-exclusive, non-transferable, limited in time to the period equal to the term of the contract for rendering Service, license for installation and use of copies of the NetFocus Mobile App along with the Product for the purposes indicated herein. This license to use NetFocus Mobile App shall lapse automatically upon the dissolution or termination of the contract for rendering the Service.

2. The User may temporarily copy a NetFocus Mobile App only for the User’s own use, for the purposes of transferring it to the User’s Device or Administrator’s Device, installing, running, using, or storing and viewing the NetFocus Mobile App on the User’s Device or Administrator’s Device.

3. The Service Provider shall not consent to:

   1. Placing NetFocus Mobile App on the market by the User, making them available, distributing, lending, renting, leasing, or transferring any rights to the NetFocus Mobile App to third parties.
   2. Using reverse engineering techniques, decompilators, disassembly, or attempting to obtain the source code of the Netfocus Mobile App.
   3. Modifying, altering, or creating any derivative works basing on the NetFocus Mobile App.
   4. Using the NetFocus Mobile App or a part thereof as an element of another computer program.
   5. Deleting or modifying any NetFocus Mobile App designations.

§11 Responsibility

1. The Service Provider shall not be responsible for Product malfunctions caused by force majeure. A force majeure event shall be any event outside the reasonable control of the Service Provider. If a malfunction occurs, the Service Provider shall inform the User about its reasons by e-mail, provided the technical possibilities allow that.

2. The Service Provider shall endeavor to ensure that the maintenance works of the Product it conducts or commissions are performed in a way which minimizes any inconvenience in using the Product by the User.

3. If the Service Provider needs to conduct or commission technical maintenance of the Product, or perform other work concerning the Product, which causes an inconvenience in using the Product by the User, i.e. makes it temporarily impossible to access the Product or limits the access thereto, the Service Provider shall be under the obligation to notify the User, to the extent it is possible, in advance about such fact in the form of an information placed on the Product Website from time to time.

4. The Service Provider shall not be responsible for technical issues, including delays in data transfer on the part of devices belonging to the User, as well as equipment, information systems and computer and telecommunication networks belonging to mobile network operators and internet service providers.

5. The Service Provider shall not be responsible for any incorrect, i.e. incompliant with the Terms & Conditions, or illegal use of the Product by the User, especially infringement of personal rights of third parties by the User.

6. The User shall indemnify the Service Provider against any responsibility resulting from claims of third parties relating to infringement of their personal rights by the User utilizing the Product or to infringement of intellectual property rights connected with the content and software which is not made available by the Service Provider.

§12 Personal data protection and cookies

1. The User should inform the person on whose mobile device the User App is installed that such installation was performed, and describe the functionalities of the User App. In particular, the User should inform such person that the User will obtain information on what websites are viewed and what applications are run on the device. The User should always obtain the explicit consent of the person, on whose device the User App is installed.

2. Providing the User’s personal data mentioned in § 3.1 Terms and Conditions is voluntary but necessary to create a User Account and use the Service.

3. The administrator of the User’s personal data is the Service Provider, i.e. SafeKiddo spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Warsaw (02-569), Różana 36 lok. 188, Poland. For full information on the protection of personal data go to Privacy Policy, available on the Website.

4. For information on cookies used by the Product go to Cookie Policy.

§13 Claims and contact with the Service Provider

1. The User shall have the right to submit claims in situations determined by the current legal regulations, especially in the case of any incorrectness in the operation of the Product or incompliance of the Service with these Terms & Conditions.

2. Claims may be submitted by e-mail to the Service Provider’s address or to their correspondence address indicated in § 1 item 12 herein.

3. A claim should at least include the User’s first and last name, the e-mail address under which the User utilizes the Product, a detailed description of the problem, and the postal address of the User (if the claim is submitted by mail).

4. If the information provided by the User is insufficient or requires complementary/more detailed data, the Service Provider shall ask the User filing the claim for such data, and the moment of filing the claim shall be the date when the Service Provider obtains the complementary/more detailed data allowing for investigating the claim.

5. The Service Provider shall investigate the claim within 14 days from obtaining it, and the User shall be forthwith informed about its result.

6. All questions and remarks shall be directed to the Service Provider’s e-mail address indicated in § 1 item 12.

§14 Final provisions

1. The content hereof shall be made available to all User on the website www.netfocus.io/privacy-policy, and also within the NetFocus Mobile App.

2. If the provisions hereof contradict strictly applicable legal regulations, such regulations shall be effective instead of the provisions hereof, and all other provisions hereof shall remain unchanged.

3. The Service Provider shall have the right to amend these Terms & Conditions at any time. Changes hereto shall be in force from their publication on the website www.netfocus.io/privacy-policy. To the User, who paid for the subscription before the publication of changes of these Terms & Conditions, changes apply from the day after the end of the current subscription unless the User terminates the contract.

4. Should any provision of the Terms & Conditions be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the fact that provision shall be enforced to the extent permitted by law.