curbi Terms of Service

21 November 2014

Welcome to curbi!

Thanks for using the curbi product and service (“the Service”). The Service is provided by Systemic Pty Ltd. (“Systemic”), located in Nedlands, Western Australia 6009, Australia.

By using our Service, you are agreeing to these terms. Please read them carefully.

Using the Service

You must follow any policies made available to you within the Service.

Don’t misuse the Service. For example, don’t interfere with the Service or try to access it using a method other than the interface and the instructions that we provide. You may use the Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using the Service does not give you ownership of any intellectual property rights in the Service or the content you access. You may not use content from the Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in the Service. Don’t remove, obscure, or alter any legal notices displayed in or along with the Service.
In connection with your use of the Service, we may send you service announcements, administrative messages, and other information.

The Service is available on mobile devices. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws.

Fair Use

The Service pushes all internet traffic from your managed devices through our content filtering servers.  This means that we incur bandwidth costs for each managed device.  We’ve priced the Service as low as possible and this means that we have made assumptions about how much traffic each managed device will generate.  If we find that one of your managed devices is generating a lot more traffic than we allowed for, over an extended period, we reserve the right to ask you to upgrade to a ‘high traffic’ account.

Data Quotas

If you have free data allowances on your iPhone plan or with your Internet Service Provider, the Service will stop these from working.

The Service works by securely sending all data from a managed device directly to the curbi servers.  This means that all traffic from the device looks like it is going to curbi, not its final destination (like Facebook or YouTube).

Because of this, your ISP or Telco cannot tell that some of that traffic might be for its 'free zone' and shouldn't be charged for.

Your Account

You need an account in order to use the Service. You may create your own account, or your account may be assigned to you by an administrator. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

When you sign up for a curbi account, we add you to the curbi newsletter list.  You can unsubscribe from these emails at any time.

To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. Try not to reuse your account password on third-party applications. If you learn of any unauthorized use of your password or your account, please reset your password and notify us immediately.

Privacy and Copyright Protection

The curbi Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. By using the Service, you agree that Systemic can use such data in accordance with our privacy policy.

About Software in our Services

The Service includes downloadable software and this software may update automatically on your device once a new version or feature is available.

Systemic gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Systemic as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Systemic, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating the Service

We are constantly changing and improving the Service. We may add or remove functionality or features, and we may suspend or stop a feature altogether.

You can stop using the Service at any time, although we’ll be sorry to see you go. Systemic may also stop providing the Service to you, or add or create new limits to the Service at any time.

Our Warranties and Disclaimers

We provide the Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it, But there are certain things that we don’t promise about the Service.

Other than as expressly set out in these terms or additional terms, neither Systemic nor its suppliers or distributors make any specific promises about the Service. For example, we don’t make any commitments about the specific functions of the Service, or their reliability, availability, or ability to meet your needs. We provide the Service “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability for our Services

When permitted by law, Systemic, and Systemic’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of Systemic, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supplying you the Service again).

In all cases, Systemic, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. Nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.

Business uses of the Service

If you are using the Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Systemic and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these Terms

We may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly.  Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Systemic and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

For information about how to contact Systemic, please visit our Contact Page.

Governing Law

This agreement shall be construed in accordance with the laws of the Commonwealth of AUSTRALIA.