Terms of service

  1. IMPORTANT LEGAL NOTICE

This text (together with its Privacy Policy) sets out the terms and conditions (“App Terms” or “Website Terms”) under which we, Youforget.me (“we”, “us”, “our” or “YFM”), provide access to our My Digital Footprint mobile application (“website” or “app”).

We reserve the right to change these Website Terms by changing them on this page. We encourage you to print a copy of these Website Terms for future reference.

The use of your personal information submitted through the Website is governed by our Privacy Policy.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future versions of our My Digital Footprint website and any mobile application through which you access and use our website, in each case, whether accessed through any current or future platform or device (including,  including, but not limited to, any mobile website, mobile application, affiliate website, or related website to access and use our website which may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not agree to these Website Terms, you must leave the Website immediately.

My fingerprint app is owned by Youforget.me S.L., a company with address at Avenida Pablo Picasso, 74, (41940) de Tomares, Sevilla.

2.- ACCESS TO THE WEBSITE AND TERMS

2.1. Website access: You can access the website as long as your school has contracted the app with us, and grants you access to it, either as a student, manager or coordinator of well-being and protection of the same, adhered to as approved users by that organization.

2.2. Acceptance of Terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not agree to these Website Terms, you must leave the Website immediately.

2.3. Revision of Terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms as they are binding on you.

2.4. Liability: You are responsible for making all arrangements necessary to have access to the Website. You are also responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Website Terms and that they comply with them.

2.5 Information You Provide: You confirm that all information you provide to us (including our Customer Support team) is true and accurate in all respects and at all times.

  1. CUSTOMER CARE

3.1. General: Customer support is extremely important to us. Subject to paragraphs 3.5 and 11, our Customer Care team will try to assist you wherever possible if you have any problems with the app or website. You can contact our Customer Service team via email info@youforget,me or by calling the phone number listed on the website, from the app you can contact Customer Service from the contact button.

Our opening hours are Monday to Friday from 9.00 a.m. to 2.00 p.m. and from 4.00 p.m. to 7.00 p.m., except national and local holidays in the city of Seville. Time zone Europe/Madrid.

3.2. Complaints or Comments: In case you are not satisfied with the quality of our report, please consider providing us with your feedback by contacting our Customer Service. Your feedback is an important part of our quality control process. You are responsible for ensuring that all feedback you provide is accurate and based on your own genuine experience.

  1. LICENSE

4.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your personal, non-commercial use on the following basis:

4.1.1. You must not misuse the Website (including by hacking or “scraping”).

4.1.2. Unless otherwise stated, copyright and other intellectual property rights in the Website and in material published on it (including, but not limited to, photographs and graphic images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 4.1 is prohibited.

4.1.3. You must not modify the digital or paper copies of any material you print off in accordance with paragraph 4.1 and you must not use images, photographs or any other graphics, video or audio sequences separately from any accompanying text.

4.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.

4.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

4.2. Limitation of Use: Except as stated in paragraph 4.1, the Website may not be used, and no part of the Website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

4.3. Reservation of Rights: All rights not expressly granted in these Website Terms are reserved.

  1. ACCESS TO THE APP

8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

8.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

8.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

5.4 Minors: If you are using or accessing the App on behalf of a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.

  1. MATERIAL AND REVIEWS FOR VISITORS

6.1. General:

6.1.1. Other than personally identifiable information, which is covered by our Privacy Policy, any material (Visitor Material) that you post, upload or transmit or upload to the Website (including, but not limited to, revisions) will be considered non-confidential and non-proprietary. By posting, uploading, or transmitting any Visitor Material, you represent and warrant that you own or otherwise control all of the rights to such Visitor Material. You agree that we shall have no obligation whatsoever with respect to any Visitor Material, and that we and any person we designate shall be free to copy, disclose, distribute, incorporate and use any Visitor Material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

6.1.2. You represent and warrant that any Visitor Material that you post, upload or transmit does not and will not violate any of the restrictions in paragraphs 6.2 to 6.3 below.

6.2. Visitor Material Policy: You are prohibited from posting, uploading, or transmitting to or from the Website any Visitor Material (including Reviews) that:

6.2.1. violates any applicable local, national or international law;

6.2.2. is illegal or fraudulent;

6.2.3. amounts to unauthorized advertising; or

6.2.4. contains viruses or any other harmful programs.

6.3. Visitor Review Policy: In particular (but without limitation), any review you submit through the Website must not:

6.3.1. contain any defamatory, obscene or offensive material;

6.3.2. promote violence or discrimination;

6.3.3. infringe another person’s intellectual property rights;

6.3.4. breach any legal duty owed to a third party (such as a duty of confidence);

6.3.5. promote illegal activities or invade another’s privacy;

6.3.6. give the impression that they come from us; or

6.3.7. be used to impersonate another person or to misrepresent your affiliation with another person.

6.4. Removal of Reviews: The prohibited acts listed in paragraphs 6.2 and 6.3 above are not exhaustive. We reserve the right (but do not assume, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Review or other Visitor Material posted, uploaded or transmitted to the Website that we determine to be in breach of a prohibition in paragraphs 6.2 or 6.3 above, is objectionable or may expose us or any third party to any harm or liability of any kind, or for any other reason.

6.5. Use of Reviews: Reviews and other Visitor Material contained on the Website are for informational purposes only and do not constitute our advice. Reviews and Visitor Material reflect the opinions of customers through the Website, and any statements, advice, or opinions provided by such individuals are yours alone. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Review or other Visitor Material, including, but not limited to, errors, defamation, obscenity, omissions, or falsehoods you may find in such materials.

6.6. Images: All images displayed on the Website are provided as a design feature of the Website.

6.7. Liability: You agree to indemnify us for any loss, damage and claim (and all related costs) incurred by or made against us by any third party arising out of or in connection with any Review or other Visitor Material you provide in breach of any of the representations and warranties, agreements or restrictions set out in this paragraph.

6.8. Disclosure to Authorities and Courts: You acknowledge that we will fully cooperate with any competent authority that requests or directs us to disclose the identity or location of any person posting Reviews or other Visitor Material in violation of paragraph 6.2 or 6.3 or any other applicable restrictions and releases us to the fullest extent permitted by law from any and all liability in connection with such disclosure.

  1. ORDERING AND PAYMENTS FROM THE WEBSITE

The My Digital Footprint app does not allow you to make any payments or orders within it. The conditions of the website in terms of fees, billing, payments, license, right of withdrawal and other clauses are regulated in the contract entered into by your organization with Youforget.me and we refer to them for all purposes.

  1. LINKS TO AND FROM OTHER WEBSITES

8.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

8.2. Linking permission: You may link to the homepage of the website (My Digital Footprint), provided that:

8.2.1. you do so so in a fair and legal manner that does not damage or take advantage of our reputation;

8.2.2. you do not establish a link from a website that is not owned by you or in a way that suggests a form of association or endorsement by us where none exists;

8.2.3. any website from which you link must comply with the content standards set out in these Website Terms (in particular, paragraph 6 (Visitor Materials and Reviews));

8.2.4. We have the right to withdraw the linking permission at any time and for any reason.

  1. DISCLAIMERS

9.1. Website Information: While we try to ensure that the information on the Website is correct, we do not promise that it will be accurate or complete. We may make changes to the material on the website, or to the functionality, products and prices described on the website, at any time without notice. The material on the website may be out of date, and we make no commitment to update that material.

9.2. Exclusion of Terms: We provide you with access to and use of the Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website and your use of it, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

  1. LIABILITY

10.1. General: Nothing in these Website Terms excludes or limits our liability under applicable law. Nothing in these Website Terms affects your statutory rights.

10.2. Exclusion of Liability: Subject to clause 10.1, under no circumstances shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or results of the use of the Website) for:

10.2.1. any loss of profits, sales, business or revenue;

10.2.2. loss or corruption of data, information or software;

10.2.3. loss of business opportunities;

10.2.4. loss of anticipated savings;

10.2.5. loss of goodwill; or

10.2.6. any indirect or consequential loss.

10.3. Limitation of Liability: Subject to the clauses described above, our total liability to you in respect of all other losses arising under or in connection with the Website or your use thereof, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed twice the value of your contract or license to use, or €100, whichever is less.

10.4. Additional Costs: You assume full and exclusive responsibility for any additional or associated costs you may incur in connection with or as a result of your use of the Website, including, but not limited to, costs related to servicing, repairing, or adapting any equipment, software, or data that you may own, lease, license, or otherwise use.

  1. TERMINATION

11.1. Grounds for Termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

11.1.1. you have used the Website in violation of paragraph 4.1 (License);

11.1.2. you have posted Reviews or other Visitor Material in violation of paragraphs 6.2 or 6.3 (Visitor Material and Reviews);

11.1.3. you have breached paragraph 8.2 (Links to and from other websites);

11.1.4. you have breached any other material terms of these Website Terms;

11.1.5 unauthorised, fraudulent or suspicious activity is taking place on your account; or

11.1.6 you have significantly or repeatedly violated paragraph 2.5 (Information).

11.2. Obligations Upon Termination: Upon termination or suspension, you must immediately destroy any downloaded or printed extracts from the Website.

 

  1. WRITTEN COMMUNICATIONS

12.1. Applicable laws require that some of the information or communications we send to you be in writing. By using the Website, you agree that communication with us will be primarily electronic. We will contact you by email or provide you with information by posting notices on the website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. EVENTS BEYOND OUR CONTROL

13.1. We will not be liable for any failure or delay in performance of any of our obligations under these Website Terms that is caused by events beyond our reasonable control (“Force Majeure Event”).

13.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

13.2.1. strikes, lockouts or other industrial actions;

13.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (declared or undeclared) or threat or preparation for war;

13.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

13.2.4. impossibility of using railways, ships, aircraft, motorised transport or other means of public or private transport;

13.2.5. inability to use public or private telecommunications networks; and

13.2.6. the acts, decrees, laws, regulations or restrictions of any government.

13.3. Our performance under these Website Terms is deemed suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance during that periodWe will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

 

  1. ADDITIONAL TERMS

14.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data we collect from you will be processed in accordance with our Privacy Policy.

14.2. Severability: If any of these Website Terms are determined by any competent authority to be invalid, illegal or unenforceable to any extent, such term, condition or provision shall be severed to that extent from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14.3. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

14.4. No Waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

14.5. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

14.6. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

Anything not covered by these terms and conditions shall be governed by the application license agreement between the parties.

  1. GOVERNING LAW AND JURISDICTION

15.1. hese Website Terms shall be governed by and construed in accordance with Spanish law. You can bring legal proceedings in respect of Website Terms in the Spanish courts. If you live in Spain or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the Spanish courts or the courts of your home country.

15.2 As a consumer, you benefit from the mandatory provisions of the law of the country in which you reside.  Nothing in these Website Terms, including the preceding paragraph, affects your rights as a consumer to rely on such mandatory provisions of local law.

  1. LAST REVISION

June 2024