Last update: December 5th, 2023
The following Terms of Use for Services (the “Terms”) apply to the products and services of Twinbees, and its subsidiaries and affiliated companies (“Twinbees” or “we”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).
1 – Acceptance of terms
These Terms and Conditions (the “Terms”) apply to the products and services of Twinbees, and its subsidiaries and affiliates (“Twinbees” or “we”), including our website, www.twinbees.com, and mobile application (“the App”).
By accessing or using the Services, you acknowledge that you have read these Terms, that they govern your use of the Services, and that you accept them.
2 – Additional conditions
Some Services may be subject to different or additional conditions. Unless otherwise stated in these different or additional conditions, they complement and form part of these Terms, and in case of conflict, prevail over them. Additional conditions may apply to specific aspects of the Services.
3 – Use of the services
4 – Subscriptions & promotional offers
This section outlines the conditions for Services that are available to you only through a paid subscription.
5 – Other payment terms
Payment Method: If you subscribe to a subscription, gift card, or any other item via the Services, payments are processed through the app store associated with the Twinbees mobile application. You must ensure that your payment method on the app store is valid and up-to-date. By making purchases through the app store, you authorize Twinbees to charge any applicable fees, including the current rate plus specified applicable taxes and fees, to your designated payment method on the app store. No transaction is binding on Twinbees until it is accepted and confirmed by Twinbees. You are responsible for managing your payment information on the app store.
Cancellations and Disputes: In case of concerns regarding transactions made through the Services, we encourage you to first inform us rather than canceling the payment via your app store payment provider unless you have already attempted to resolve the issue directly with us or are invoking applicable legal provisions. Twinbees reserves the right to verify your identity or request additional information regarding your purchases and may refuse to process or cancel your purchase requests, including if we suspect fraud or if your payment method is declined.
Revocation Rights: In some countries, the law gives you the right to cancel your Renewable Subscription and receive a full refund at any time within 14 days of subscribing to your subscription. To exercise your right of withdrawal, you must inform us of your decision to withdraw by making an unequivocal statement. You can use the withdrawal form template below, but it is not mandatory. You can send us your withdrawal statement by email or mail to the contact details provided in Section 19 below. If you submit your withdrawal statement via our electronic form, we will acknowledge receipt on a durable medium (e.g., by email) as soon as possible. To be effective, your withdrawal statement must be sent to us before the expiration of the 14-day withdrawal period. However, this right will expire if you use the Services under your subscription during the 14-day withdrawal period, unless you experience a failure of the Services during this period. Unless you decide otherwise, we will refund you to the originally debited payment method for your subscription.
6 – Services and User Content Rights
Ownership of Twinbees Services: Subject to the limited license rights granted under these Terms, Twinbees and its licensors exclusively own all rights, titles, and interests in and to the Services, including all text, graphics, images, audio, video, or other materials made available through the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the United States and foreign countries. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any portion of the Services. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Service, except as necessary for your authorized use of the Services.
Limited License Granted by Twinbees: Subject to your compliance with these Terms, Twinbees grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for personal and non-commercial purposes (unless Twinbees has provided you with written authorization to do so, such as for trial or testing purposes). Additionally, Twinbees grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of any mobile application that we distribute via an app store on a mobile device that you own or control. Any use of the Services other than as specifically authorized under these Terms without our prior written permission is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your device settings, you authorize us to automatically install updates to any mobile application we offer after providing you with adequate notice.
User Content Ownership: Except for the license you grant below, Twinbees does not claim ownership of the messages, images, texts, or other content posted via the Services by its users, including any content you post on social media that tags a Twinbees account or uses a hashtag incorporating a Twinbees brand (collectively, “User Content”). Your User Content may be protected by intellectual property rights. User Content does not include any portion of the Services included in your User Content. No provision of these Terms shall be deemed to limit, between you and Twinbees, the statutory rights to use and exploit your User Content that you may enjoy.
License You Grant to Twinbees: By making any User Content available to Twinbees, you hereby grant Twinbees a non-exclusive, transferable, sublicensable, worldwide, and royalty-free license to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based on, publicly display, publicly perform, and distribute your User Content and any name, username, or image provided in connection with your User Content in all media formats and channels currently known or developed later as part of the operation, marketing, and provision of the Services without any right to compensation to you, and, to the extent permitted by applicable laws, you waive any moral or special rights in this regard. This license is effective for the entire duration of protection of your content by intellectual property rights. When you post or otherwise share User Content on or via the Services, you understand that your User Content and any associated information may be viewed by others. You represent and warrant that your User Content and our use of that content as authorized by these Terms will not infringe any right or cause any harm to any person or entity.
7 – Third-party content
The Services may contain information and links to third-party products, services, websites, resources, activities, or events, and we may authorize third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content solely for convenience and do not control or endorse any Third-Party Content. To the extent permitted by applicable law, you assume full responsibility and risk for your access and use of such Third-Party Content. Your use or access to any Third-Party Content constitutes solely a relationship between you and the respective Third Party, and is subject to the terms and conditions of that Third Party or your agreement with that Third Party.
8 – Complaints
Please contact [email protected] to report any violations of rights related to any aspect of the Services (e.g., copyright infringement, insult, privacy intrusion) or if you believe that User Content is otherwise illegal (e.g., promoting crimes against humanity, inciting racial hatred or violence, or involving child pornography). When submitting a report, you must include the date of notification; and, if you are an individual: your full name, profession, address, nationality, date and place of birth; the name and address of the recipient or, if it is a legal entity, its name and registered office; a description of the contentious content and its precise location (e.g., URL link to the contentious content); reasons why the content should be removed, including legal provisions and substantive reasons; a copy of the correspondence sent to the author or publisher of the contentious content requesting its suspension, removal, or modification, or proof of the impossibility of contacting the author or publisher.
9 – Prohibitions on User Content and Behavior
You are solely responsible for your User Content and behavior when using the Services, and you will refrain from taking any of the following actions:
If we reasonably believe that User Content violates these Terms, we may remove or refuse to display that content. Where possible, we will attempt to inform you in writing of the reason for our action (an email being sufficient) unless we reasonably believe that such notification is likely to: (i) breach the law; (ii) engage our liability or that of our affiliates; (iii) obstruct an investigation; (iv) jeopardize the operation of the Services; or (v) harm a user or another party. Our failure to enforce this section in certain cases does not constitute a waiver of our right to enforce it in other cases. We have the right to investigate violations of these Terms or behaviors affecting the Services. We may also warn and cooperate with law enforcement authorities to pursue users who violate the law. Additionally, this section does not create any private right of action on the part of any third party nor any reasonable warranty that the Services will not contain any User Content prohibited by these rules.
10 – Trademarks
The registered trademarks of Twinbees, including but not limited to TWINBEES, along with the logos, product and service names, and slogans of Twinbees, and the overall look and feel of the Twinbees Services, may not be copied, imitated, or used, in whole or in part, without the prior written permission of Twinbees. The absence of a trademark from this list does not constitute a waiver of Twinbees’ intellectual property rights regarding that trademark. All third-party trademarks mentioned in the Services belong to their respective owners. Any reference to products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute endorsement, sponsorship, or recommendation by Twinbees.
11 – Disclaimer
General Disclaimer: We commit to providing Services with reasonable care and skill. If the quality falls short, please report the issue, and we’ll work with you to resolve it. These commitments don’t affect any liability that cannot be excluded under applicable law. Consumer protection laws may provide additional warranties. Our obligations are limited to those stated in these terms or your country’s legislation.
Twinbees will make its best efforts to ensure that the app is accessible 24/7, without, however, being bound by an obligation of results.
Twinbees may at any time suspend, limit, or interrupt access to the App or certain pages of it to carry out updates, modifications to its content, or any other action deemed necessary for the proper functioning of the App.
In general, Twinbees cannot be held responsible for:
The User is solely responsible for any loss or damage, whether material or immaterial, resulting from the use of the App.
No Medical Advice: The content provided through the Services, including but not limited to the baby monitoring app, is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information provided through the Services.
Remember: The baby monitoring app is not a medical device. It does not provide notifications that assess your child’s health and should not be relied upon for clinical monitoring. It is not a substitute for your role as a caregiver. You are responsible for the health and well-being of you and your child, and adherence to safe sleep, health, and care guidelines. The absence or occurrence of a notification is not an indication of your child’s health status.
12 – Termination or suspension
Twinbees reserves the right to suspend or terminate your access to the Services under certain circumstances, including substantial or repeated breaches of the Terms, legal requirements, or potential liability. We may also suspend your account for up to 90 days while investigating such conditions. Written notice will be provided unless prohibited by law. In case of termination, all relevant provisions will survive.
13 – Liability
We disclaim liability for losses resulting from your violation of the Terms or events beyond our control. Our liability, in case of a breach, is limited to foreseeable losses.
14 – Applicable Law and Venue
The Terms and your relationship with Twinbees are governed by the laws of your country of residence. You can bring actions in the courts of your residence. For EEA consumers, the European Commission’s Online Dispute Resolution platform is accepted if required by law.
15 – Modification and Termination of Services
We may modify or discontinue Services for valid reasons, such as preventing abuse, ensuring compliance, addressing safety/security issues, offering new features, or responding to changes in how Services are used. We’ll provide reasonable notice for significant changes, excluding urgent situations.
16 – Changes to the Terms
We may update the Terms for reasons including legal compliance, security, changes to Services, or business operations. We’ll give reasonable notice for significant changes, except for new features or urgent situations. Your continued use of Services after updates constitutes acceptance unless you terminate your account.
17 – Additional Terms
The following provisions outline supplementary terms:
18 – Feedback
Twinbees accepts and reviews unsolicited creative ideas, materials, or proposals. Any ideas, suggestions, or other feedback sent to us regarding Twinbees or the Services are non-confidential and may be used by us without restriction or obligation to pay you. Twinbees does not waive any right to use similar or related ideas previously known to Twinbees, developed by its employees, or obtained from other sources.
19 – Contact Information
If you have questions about these Conditions or the Services, please contact Twinbees via email at [email protected].
20 – Minimum iOS Terms for Custom EULA
The following provisions apply if you use our mobile application on a device manufactured by Apple Inc. (“Apple”). These Conditions, including this article, constitute a custom EULA for any Twinbees mobile application for the purposes of Apple agreements, and you agree that Apple’s standard EULA will not apply in this regard.
The Conditions are entered into solely between Twinbees and you, not with Apple. Between Apple and us, we are solely responsible for our application and its content.
The license granted to you for our application under Section 6 of the Conditions is limited to a non-transferable license to use our application on any Apple-branded product under your ownership or control and as allowed by our Apple Usage Rules in the App Store Terms of Service. However, note that our application may be accessed, acquired, and used by other accounts associated with the purchaser via the “Family Sharing” feature or bulk purchasing.
We are not obligated to provide support or maintenance services for our application unless required by law. Apple has no obligation to provide support and maintenance services for our application.
We are solely responsible for any warranty, whether express or implied by law, not effectively disclaimed under Section 11 of the Conditions. In case of our application’s non-compliance with any applicable warranty not effectively disclaimed under Section 11, you may notify Apple, which will refund the purchase price (if any) of our application. You agree that, to the extent permitted by applicable law, Apple will have no other warranty obligation regarding our application, and any other claims, losses, liabilities, damages, costs, or expenses resulting from any breach of any warranty will be our sole responsibility.
Subject to Section 13 of the Conditions, we, not Apple, are responsible for addressing any claims by you or a third party relating to our application or your possession and/or use of the application, including: (i) product liability claims; (ii) any claim that our application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Subject to Section 12 of the Conditions, in the event of a third-party claim that our application or your possession and/or use of the application infringes a third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that you: (i) are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a country “supporting terrorism”; and (ii) are not listed on any U.S. government list of prohibited or restricted parties.
For any questions, complaints, or claims regarding our application, please contact us at the address provided in Section 19.
Apple and its subsidiaries are third-party beneficiaries of these Conditions and have the right (and are deemed to have accepted the right) as third-party beneficiaries to enforce these Conditions against you.
If you have any further questions or need additional clarification, feel free to ask.