User terms

Last update: 21 November 2023

These User Terms are part of the agreement between your organisation (“the Customer”), you and us (TrustedFamily.com). Please read those terms carefully before you start using our Services.

The current version of the Terms can be viewed on our website, by clicking on User Terms.

1. Information about us and how to contact us

TrustedFamily.com is the trade name and the trademark of the Belgian company Younited S.A., which has its registered office at Rue du Commerce 31, 1000 Brussels (Belgium). The company is registered with the Belgian Register of Legal Entities under number 0890.971.229.

You can contact us by writing to us at [email protected].

2. Your role as the User

Your organisation has designated you as one of the Users of the TrustedFamily.com software (the “Software”) and Services. As soon as you start using our Software and Services, you will be bound these User Terms, which provide more the details about your rights and obligations towards us.

We have concluded an agreement with your organisation about its rights and obligations to use our Software and Services. If you are interested in the terms governing your organisation’s use of the Software and the Services, you can find them here (Customer Terms).

Your organisation has designated you a User of our Software and Services, but it may also decide to terminate or limit your use of our Software and Services. This is a decision of your organisation and any questions or complaints can only be addressed to your organisation. We are not liable for any decision of your organisation.

3. Acceptable use policy

You agree to comply at all times with the acceptable use policy, that is set out below and that can updated from time to time. We will provide you with the updated acceptable use policy at least 14 days before it is coming into effect.

As a User you agree to:

  • to protect your login and passwords and not to share them with others. If there is any indication that others use your login and/or passwords, or attempt to do so, you must inform us and your organisation immediately;
  • monitor all activity being made through your account of our Software and Services and inform us and your organisation if you suspect any illegal or unauthorized activity or a security breach;
  • only use data to which you own the rights and which do not violate the rights of others, such as their intellectual property rights or personality rights, or their rights resulting from employment, nondisclosure or other agreements;
  • take all measures to avoid any harm to our hardware or software by viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, and/or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or which is otherwise malicious or technologically harmful;
  • refrain from reverse engineering, decompiling, copying or disclosing Protected Materials and from circumventing or bypassing software protection mechanisms, except to the extent permitted by the applicable law;
  • refrain from uploading or downloading, transmitting or using any material or information which is inaccurate, unlawful, defamatory, libellous, offensive, threatening, harmful, pornographic, discriminatory or which may expose you or us to legal action or reputational damage;
  • to not threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others;
  • not engage in any practices such as scraping, spamming, phishing or spoofing.

4. Liability of the User

As a User, you undertake to manage and use our Software and Services in accordance with these User Terms and with all applicable laws and regulations.

You shall indemnify us and hold us harmless for and against any claim and costs (including reasonable attorneys’ fees) which we suffer or incur and which arise, directly or indirectly, from your use of our Software and Services in breach of our agreement with you or of any applicable law or regulation.

We expressly reserve the right to suspend and/or revoke your access to our Software and Services at any time, to the extent necessary to safeguard (i) the integrity of our Software and Services, (ii) the privacy and integrity of your Data, and (iii) our intellectual property rights.

5. Liability of TrustedFamily.com

TrustedFamily.com does its utmost best to provide Services and Software that meet the standards set out in the agreement with your organisation. If the Service and the Software would not meet your expectations, you have to address this to your organisation. You do not have any claim directly against us, unless it is provided otherwise in these User Terms or unless it results from gross negligence or wilful misconduct.

Even though we undertake all reasonable efforts to protect your data and safeguard the confidentiality of all information that you share by using our Software and Services, we do not take any liability for a potential loss or disclosure of your data unless it results from gross negligence or wilful misconduct.

6. Intellectual property

We shall at all times own all intellectual property rights and interests in respect of the Software and the Services, including the logos, trademarks or trade names, pictures, designs, texts, video or audio files, databases, computer programs, directories or files of whatever nature, necessary for the use of the Software and the Services (hereinafter “the Protected Materials”). We shall have the sole right to prosecute and maintain any registrations of any intellectual property rights in the Protected Materials and to defend any claim of infringement related thereto.

We grant a license to you to use the Protected Materials to the extent strictly necessary to use the Software and the Services in accordance with these User Terms. You shall not permit any third party to use the licensed Protected Materials, nor shall you use the Protected Materials for or on behalf of any third party.

The license to use the Protected Materials shall be valid for the duration of our agreement with you and shall terminate upon the expiration or termination of our agreement with you.

The royalties for the licenses granted under these Terms shall be included in the fees that your organisation pays for our Software and Services.

You agree to immediately notify us in case of a possible infringement to our intellectual property rights or in case of unfair competition and you will take measures to minimize any prejudice to us that may result from such infringement.

7. Data protection

We will use any personal data you provide to us to perform the agreement that we have concluded. Further details of how we will process personal data are set out in our Privacy Policy.

When processing personal data under these Terms, we will act as the processor who is processing personal data on behalf of your organisation in accordance with the data processing agreement that we have concluded with your organisation. Your organisation will be the controller, being the person who determines the purposes and means of the processing of personal data.

Your organisation will have access to all the data that you and other Users generate or store with the help of our Software or Services, and you accept that we have no liability in this regard.

8. Term and termination

These Terms enter into effect as soon as you become a User, in accordance with your agreement with your organisation. If our agreement with your organisation is terminated, for whatever reason, your agreement with us and these User Terms are also automatically terminated. If you are also a User via another organisation, you will remain a User in relation to that organisation.

You are entitled to terminate your agreement with us at any time by giving us prior written notice.

We are entitled to terminate our agreement with you, including these Terms, before the agreement with your organisation is terminated, in case you are in breach of an any of your obligations under our agreement and such breach has not been cured within fifteen (15) days after we have notified you in writing of such breach (provided that there shall be no obligation to notify if such breach is incapable of being cured). In case of a serious breach we may immediately terminate all our agreements with you for all the organisations that made you a User.

9. Final provisions

We may change the Terms in the future at any time at our sole discretion, but we will inform you about any upcoming change at least 14 days before it is coming into effect. Your continued use of our Software and Services after we have posted the amended Terms indicates that you agree to the amended Terms.

Any provision of these Terms held to be invalid or unenforceable by a court or arbitration panel of competent jurisdiction shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms. The Parties shall negotiate in good faith to substitute any such invalid or unenforceable provision with a valid and enforceable provision that is consistent with the intent of the Parties.

Governing Law and Settlement of Disputes. This Agreement shall be governed by and construed in accordance with the laws of Belgium. Any dispute, controversy or claim arising out of or in connection with this Agreement, including without limitation the existence, validity, breach or termination thereof, shall be submitted to the exclusive jurisdiction of the courts of Brussels (Belgium), notwithstanding the right of the consumer to bring the case before the courts where he has his habitual residence.