These Terms and Conditions of Use (hereinafter, the “Terms”) regulate access and use of the application (hereinafter, the “Application” or “Service”), developed by LosSales LLC or its fictional name “Xoul”, with address at 131, Continental Dr, Suite 305, Newark, DE 19713, United States, designed to facilitate the digital monitoring and monitoring of children and adolescents under their responsibility. From now on, we will use the name Xoul or LosSales LLC interchangeably. The Application allows, after subscription and informed consent, to analyze using artificial intelligence techniques the child's digital behavior, their hours of activity, the applications used, the messages sent and received by the supervised user through compatible messaging platforms, with the aim of detecting possible risk situations, promoting digital security and accompanying their psycho-emotional development through the preparation of automated reports. The use of the Service implies full and unreserved acceptance of these Terms, as well as of our Privacy Policy and any other complementary document that may be made available to the owner User. If you do not agree to these Terms, you must refrain from creating an account or using the Application.
By accessing, installing or using the Application, you (the “Titular User”) expressly accept these Terms, our Privacy Policy and any other legal document or notice that is communicated to you as part of the use of the Service.
This acceptance constitutes a legally binding agreement between you and Xoul regarding the use of the Service. If you use the Application on behalf of an organization or entity, you represent that you have sufficient authority to bind it in accordance with these Terms. Otherwise, you should not use the Application.
Acceptance is considered granted by: downloading or installing the Application on a device; creating a user account; or continued use of the Service following the publication of an update to these Terms.
If you do not agree with any of the provisions contained here, you must refrain from using the Application or cancel your account at any time.
For the purposes of these Terms, the following shall be understood as:
- Application: the software, web or mobile platform, and any other technological component offered by Xoul, which allows the automated monitoring of the child's communications through compatible messaging services.
- Titular user: the adult person who creates an account on the Application, subscribes to the Service, and has parental authority, guardianship or legal responsibility over the supervised minor.
- Supervised user: the boy, girl or adolescent whose messages and digital behavior are monitored through the Application, under the responsibility of the owner.
- Third parties: people other than the owner User and the Supervised User who participate in the communications analyzed by the Application.
- Account: the private environment created by the owner User to manage the use of the Service, including the profiles of supervised Users.
- Services: all the functionalities offered by the Application, including access, monitoring, generation of alerts, reports, data visualization and monitoring configuration.
- Reports or Observations: summaries or analyses automatically generated by the Application's artificial intelligence system based on the use of the device and the content of the supervised User's communications.
- Privacy Policy: the complementary document to these Terms that details the processing of personal data collected through the Application.
- Monitored Content: any textual, visual or audio information generated by the Supervised User on compatible platforms, subject to review by the Application to generate Reports.
- Personal data: any information that allows a natural person to be directly or indirectly identified, including names, telephone numbers, messages, location, among others.
- Consent: free, specific, informed and unambiguous statement by the owner, by which he authorizes the processing of his own personal data and that of the supervised User, in accordance with the provisions of the applicable legislation.
To use the Application, the incumbent User must register by creating an account and provide true, complete and updated information. By doing so, you declare and guarantee the following:
- Age and legal capacity: Who is of legal age according to the legislation of your country of residence and who has full legal capacity to contract.
- Ownership of parental authority or guardianship: Who holds parental authority, guardianship or legal custody over the minor who will be supervised through the Application, and who is legally authorized to consent to the processing of their personal data.
- Accuracy of the information provided: That all the information provided in the registration process, including that relating to the minor, is accurate, complete and updated.
- Informed and verifiable consent: That you provide your express and informed consent for: the creation of an account; the processing of your own personal data; the processing of the personal data of the supervised minor; the automated analysis of the child's communications to generate supervisory reports; and the preparation of supervisory reports, including possible profiling of their behavior. In countries where verifiable consent is required to process children's data (such as the United States, in accordance with the COPPA law), the incumbent User must follow the necessary steps for its validation.
- Notification to the minor: Who undertakes to inform the minor, in a clear and appropriate manner to their age and degree of maturity, about the existence and operation of the Application, as well as about the reasons for which the monitoring is carried out.
The Application provides the Owner with a technological tool to respectfully, proactively and securely monitor the digital activity of the supervised User. In particular, the Service includes:
- Automated analysis of digital behavior: The application passively analyzes the following device data: application usage, sensor data (motion, accelerometer, gyroscope), social media activity and messaging, audio signals (tone, ringing) and system events (locks, charging, battery levels).
- Automated message analysis: The Application accesses, with the authorization of the owner User, the content of the messages sent and received by the supervised User on compatible messaging platforms, through technically feasible means and in accordance with applicable law.
- Artificial intelligence processing: The messages are processed by algorithms designed to detect: potential risky situations (for example: harassment, grooming, exposure to violence, self-harm); significant changes in the child's social or emotional behavior; and dynamics relevant to their digital well-being.
-Generation of observations or reports: The Application generates automated reports (“Reports”) with adapted and understandable language for parents, which summarize patterns or events detected in conversations. These Reports are delivered exclusively to the incumbent User through the registered account.
- Real-time alerts: If situations are detected that, according to system criteria, could involve a serious or imminent risk, the incumbent User may receive immediate notifications through the Application or by email.
- Parental control interface: The incumbent User can configure monitoring parameters, such as enabled platforms, types of content to be observed, level of detail of the Reports, and language and frequency options.
- Service Limitations: The system does not guarantee the detection of all possible risks, nor is it a substitute for human judgment, active supervision or professional intervention. The Application does not access the full content of the platforms if they technically prevent it or if doing so would violate their terms of use. The company does not make decisions about the minor, but rather provides the owner with supplies for responsible support.
Currently, access and use of the Service is offered free of charge. However, Xoul reserves the right to introduce, in the future, fees for the total or partial use of the Service, or for additional functionalities that may be developed.
If tariffs are implemented: Users will be informed at least 30 days in advance. Continued use of the Service after the expiration of the free period will imply acceptance of the new pricing conditions. The incumbent User will have the right to cancel their account before the new prices come into effect, at no cost.
Below we describe the terms and conditions that will apply when a subscription fee is applied: Subscription to the Service - Full use of the Application may require the purchase of a subscription. If different plans are offered available, the features, prices and duration will be detailed on the platform at the time of hiring. Payment process - Payments are managed through secure third-party platforms. By subscribing, the incumbent User expressly authorizes the periodic charge corresponding to the payment method provided. Automatic renewal - Unless otherwise indicated, all subscriptions will be automatically renewed at the end of each contracted period. The incumbent User can cancel the automatic renewal at any time from their account or by requesting it from technical support at least 15 minutes before the due date. Cancellation and refunds - The incumbent User may cancel their subscription at any time, keeping access until the end of the paid period. As a general rule, refunds will not be granted for partial periods of use, unless the applicable legislation provides otherwise or there are technical failures attributable to the company. Rate Changes - The company reserves the right to change the rates or conditions of the plans at any time. In the event of changes applicable to active subscriptions, the incumbent User will be notified at least 15 days in advance, offering the possibility to cancel the renewal. Suspension for non-payment or fraud - The company may suspend or cancel access to the Service if rejected payments, fraud, unjustified disputes or misuse of payment methods are detected.
For users who download the Application through the Apple App Store, the user license is also subject to Apple's End User License Agreement.
Xoul grants the holder a limited, non-exclusive, non-transferable, revocable and personal license to install and use the Application on their devices for the sole purpose of accessing and using the Service in accordance with these Terms and current legislation.
This license does not imply, under any circumstances, the transfer of any intellectual property right over the Application, the software, the algorithms, the design, the databases, or any other technical or visual component associated with the Service.
It is expressly prohibited to: Reproduce, copy, distribute, license, sell, resell, rent, assign or commercially exploit the Application or any part of it without prior written authorization. Modify, alter, adapt, translate, reverse engineer, decompile or disassemble the Application, or attempt to access its source code. Use the Application for purposes other than those authorized, including but not limited to commercial, institutional, disciplinary or non-parental control purposes. Bypass, disable, or interfere with security features, encryption, access control, or other mechanisms designed to protect the operation and integrity of the Service.
Failure to comply with these conditions implies the immediate revocation of the license, without prejudice to any legal action that may apply.
The incumbent User undertakes to use the Application and the Service in accordance with the law, these Terms, the Privacy Policy and in good faith. In particular, the User accepts and guarantees that:
- Authenticity and updating of information: All information provided during registration and use of the Application will be true, complete and updated. The User undertakes to keep their data and those of the supervised minor up to date.
- Lawful and reasonable use of the Service: The User will use the Application exclusively for the purpose of protecting, accompanying and respectful supervision of the minor under their responsibility, and never for abusive, discriminatory, excessive disciplinary or unjustifiably invasive purposes.
- Respect for the privacy of third parties: The User recognizes that the Application can access communications involving third parties (for example, colleagues, family members or teachers of the child). You agree not to use the data derived from these interactions for purposes other than family supervision, nor to disclose or disseminate information about third parties.
- Protection of access credentials: The User will be responsible for maintaining the confidentiality of their access codes and for all activities carried out from their account. You must immediately notify the company of any unauthorized access or misuse of the account.
- Notification of incidents or failures: The User undertakes to report without delay any technical failure, security breach or inappropriate use of the Service that he is aware of.
- Responsible use of reports: The User accepts that the reports generated by the system are indicative in nature and should not be used as the sole basis for making sensitive decisions about the child without additional analysis or support, especially in medical, psychological or legal contexts.
The processing of personal data collected through the Application is governed by our Privacy Policy, which forms an integral part of these Terms and is available at all times on our website and within the Application.
This policy details: the categories of data processed; the purposes and legal bases of the processing; the rights of data subjects and how to exercise them; the security measures implemented; and international data transfers, when appropriate.
By accepting these Terms, the incumbent User declares to have read, understood and accepted our Privacy Policy, and expressly consents to the processing of their own personal data, of the supervised minor and of the third parties involved in the monitored communications, in the terms provided therein.
All intellectual and industrial property rights to the Application and its components —including, but not limited to, the software, algorithms, interfaces, databases, structures, graphic designs, logos, brands, texts, generated reports and other technical and visual elements— are the exclusive property of Xoul or have been duly licensed for use.
The incumbent User acknowledges that the use of the Service does not confer any ownership right or license to such elements, beyond the limited right of use described in these Terms.
It is expressly prohibited to: Reproduce, copy, distribute, transform or publicly communicate any part of the Service, unless expressly authorized in writing by Xoul. Use brands, trade names, logos or any other distinctive sign of the company without authorization. Extract, reuse or fully or partially exploit the databases generated by the Service. Modify, decompile or reverse engineer the Application.
Any unauthorized use of protected content may result in corresponding legal action, including civil, administrative and criminal measures.
The owner acknowledges and accepts that the use of the Application is carried out under their sole responsibility and that Xoul does not guarantee that the Service is infallible, continuous, or free of errors or interruptions.
In particular, the company will not be responsible for: Decisions taken by the User - Any decision made by the owner User based on the reports generated by the Application, including those affecting the supervised User or third parties. The reports are indicative in nature and are not a substitute for professional judgment or active supervision. Technical or connectivity failures - Interruptions, delays, data loss, device damage, or compatibility issues with external messaging platforms. Undetected or omitted content - The Application does not guarantee the detection of all risks, keywords or potentially dangerous situations in monitored messages. Unauthorized access to the account - Any unauthorized access resulting from the User's breach of their obligations to keep credentials or basic security measures. Misuse of data or reports - The use, dissemination or misuse of personal data or reports generated by the incumbent User, outside the private and family environment. Action by third parties - The behavior of other people (for example, contacts of the minor) and the consequences of the social interactions of the Supervised User.
In no event will Xoul be liable for indirect, incidental, special, punitive or consequential damages, including loss of data, loss of reputation, loss of profits or any other intangible harm, even if advised of the possibility of such damages.
The total liability of the company, in any case, will be limited to the amount actually paid by the incumbent User during the last 12 months prior to the event giving rise to the claim.
The Owner undertakes to compensate, defend and hold Xoul, its officers, employees, agents, suppliers, licensors and affiliates harmless from any claim, demand, legal action, sanction, loss, damage or expense (including reasonable legal fees) that arise as a result of:
The improper, negligent or illegal use of the Application or the Service by the owner User. Breach of these Terms and/or applicable legislation, including, but not limited to: violation of the privacy rights of third parties, illegitimate processing of personal data, or dissemination or misuse of the reports generated. Unauthorized access or use of the Application by third parties through the account of the owner User. The sending, use or storage of content that violates intellectual property rights, image rights, or that is offensive, discriminatory or harmful to third parties.
The obligation of compensation shall extend to any damage or harm caused to third parties, including authorities, derived directly or indirectly from the use of the Application contrary to these Terms.
Xoul reserves the right to modify, update or replace all or part of these Terms at any time, for legal, technical, operational or commercial reasons.
The modifications will take effect from the date indicated in the corresponding notification and will be communicated to the owner User through one of the following means: notification within the Application, email sent to the address registered by the owner User, or prominent publication on our website.
Continued use of the Application after the changes come into effect implies acceptance of the new Terms. If the incumbent User does not agree with the changes, they must cancel their account and stop using the Service before the effective date of the new terms.
We recommend that you periodically review this section to stay informed of possible updates.
1. Voluntary cancellation by the incumbent User: The incumbent User can cancel their subscription and/or delete their account at any time from the configuration of the Application or by sending a written request to soporte@xoul.me. The cancellation will take effect at the end of the current billing period, and will not result in refunds unless otherwise provided by law. You will be given the option of immediate termination of the service, notwithstanding that billing will apply for the full period. With the cancellation of the account: all data linked to the owner User and the supervised User will be deleted in accordance with the deadlines established in the Privacy Policy, and access to the Service will be disabled immediately or at the end of the contracted period.
2. Suspension or cancellation by the company: Xoul may temporarily suspend or permanently cancel the owner's access to the Service in the following cases: serious or repeated breach of these Terms, abusive, illegal, fraudulent or technically harmful use of the Application, inadequate or illegal processing of personal data obtained through the Service, non-payment or fraud related to payment methods, or request from a competent judicial or administrative authority. The company may, when it deems it appropriate, notify the incumbent User in advance to rectify the situation before proceeding with the suspension or cancellation.
3. Effects of cancellation: The cancellation of the account implies the termination of the contract between the incumbent User and Xoul, without prejudice to any outstanding legal or contractual obligations. Clauses that, by their nature, must survive termination (for example: intellectual property, liability, privacy, compensation) will continue to apply.
These Terms, as well as any dispute or claim arising from their interpretation, validity, execution or non-compliance, will be governed by the applicable legislation in the jurisdiction where Xoul has its legal headquarters, unless the data protection regulations of the owner's country require the application of a different legislation.
In particular: If the owner User resides in the United States, the applicable law will be that of the State of Delaware, and any dispute will be resolved before the competent courts of the same State, expressly waiving any other jurisdiction that may apply. If the owner User resides in a country in the European Economic Area, the provisions of the General Data Protection Regulation (GDPR) will apply with respect to the processing of personal data, notwithstanding that any contractual dispute is resolved in accordance with Delaware legislation, unless national regulations provide otherwise. If the owner User resides in Latin America, the consumer and data protection legislation in force in their country will apply, complemented by Delaware legislation in everything not expressly regulated.
Nothing in this clause will limit the mandatory rights that may apply to users in their capacity as consumers in accordance with applicable local legislation.
1. Contact: For any question, query, request or complaint related to these Terms or to the use of the Service, the incumbent User may contact Xoul through the following means: Email: soporte@xoul.me, Website: https://xoul.me/, Postal address: 131, Continental Dr, Suite 305, Newark, DE 19713, United States. We will respond to requests within a reasonable time and in accordance with applicable regulations.
2. Severability: If any provision of these Terms is found to be invalid, void or unenforceable by any competent court, that provision will be eliminated or limited to the minimum extent necessary, without affecting the validity or enforceability of the rest of the document.
3. Assignment: The incumbent User may not assign or transfer their rights or obligations derived from these Terms without the prior written consent of Xoul. The company may assign these Terms without restriction in the event of a merger, acquisition or reorganization.
4. Waiver: The fact that Xoul does not exercise a right or power derived from these Terms at a given time does not imply a waiver of exercising it in the future.
5. Current Version: These Terms constitute the entire agreement between the parties regarding the use of the Application and supersede any previous version. The updated version will always be available for consultation in the Application and on our website.
XOUL gives you private reports with risks, emotions and important moments, always from a respectful approach.
