Terms & Conditions

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

  1. Eligibility: You must be 16 years or older to use the Services. If you have not reached the age of majority in your country, you can use the Services only if your parent or guardian accepts our Terms. If you are the legal parent or guardian of a minor user in your country, you are subject to these Terms and responsible for your child’s activity on the Services.
  2. Registration and Account Security: Many Services require the creation of an account. You must provide accurate account information, keep this information up to date, and maintain the security of your account. Notify us promptly at [email protected] of any unauthorized use of your account or any other security breach. If you authorize others to use your account, you are responsible for the activities of these users, unless you prove that such use is fraudulent. You agree not to create an account without our authorization if we have previously removed you or your account from any of the Services.

4 – Subscriptions & promotional offers

This section outlines the conditions for Services that are available to you only through a paid subscription.

  1. Renewable Subscriptions: If you subscribe to a renewable subscription to use Twinbees (“Renewable Subscription”), the subscription will continue during the selected subscription period and will automatically renew for another subscription period until canceled. You authorize Twinbees to automatically charge your designated payment method at the beginning of each subscription period at the then-current rate of your Renewable Subscription, plus all applicable specified taxes and fees, unless canceled in accordance with section 4(b). If we are unable to debit the price of your Renewable Subscription from your payment method, you will remain responsible for any unpaid amounts.
  2. Cancellation: You must cancel your Renewable Subscription at least 24 hours before the end of the current subscription to avoid being charged for the next subscription period. If you subscribed to your Renewable Subscription from a third party, such as an app store, you must cancel the renewal directly with that third party. Consult our support page or contact us at [email protected] if you need assistance canceling a Renewable Subscription. If you cancel, you will not be entitled to a refund of fees already paid. However, subject to these Terms, you will continue to have access to Twinbees until the end of your current subscription period.
  3. Modifications: We reserve the right to make changes to your Renewable Subscription, including changes to the fee. We will notify you of significant changes to your Renewable Subscription, including any changes to the fee, at least 30 days in advance to the email address associated with your account. If you do not accept these changes, you can cancel your subscription as described in section 4(b). Any potential fee changes will not take effect in the middle of a Renewable Subscription period.
  4. Promotional Offers Converted to Renewable Subscriptions: A promotional offer of a Renewable Subscription may be offered to you, such as a trial period or initial discount (each referred to as a “Promotional Offer”). The specific additional conditions for each promotional offer we offer are set out in the offer concerned (the “Offer Terms”). To sign up for a Promotional Offer, you must meet all eligibility conditions set out in these Terms and in the Offer Terms. Unless otherwise stated in the Offer Terms, Promotional Offers are reserved for new customers who have never subscribed to Twinbees or who are not registered for a Promotional Offer. If the Offer Terms state that the offer is only available to former subscribers, you must have subscribed to Twinbees, and your subscription must have expired before the date specified in the Offer Terms. Twinbees reserves the right, at its discretion, to determine your eligibility for the Promotional Offer and to modify or cancel a Promotional Offer at any time. You can participate in a Promotional Offer only through your app store and before any announced expiration date.
  5. Lifetime Subscriptions: We may offer a lifetime subscription to Twinbees for an account to access Twinbees for the remaining lifespan of Twinbees. Twinbees could also introduce new services in the future that are not part of Twinbees, and therefore, not covered by your lifetime subscription. Any lifetime subscription you subscribe to is personal and cannot be transferred, licensed, or sold. If we make changes that have a significantly adverse impact on your ability to use the features of the service that were made available to you when you first purchased your lifetime subscription, we will inform you, and you have the right to cancel your subscription and receive a reasonable prorated refund.

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:

  • Posting, uploading, creating, storing, submitting, transmitting, or otherwise sharing any User Content that: (i) is confidential, and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may infringe, misappropriate, or violate a patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy of any third party; (iii) violates or encourages any conduct that would violate these Terms or the rights of any party, create an obligation otherwise or violate any applicable local, state, national, or international law, or would give rise to civil or criminal liability; (iv) is fraudulent, false, or misleading; (v) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with any person or entity or contains or states any statements, remarks, or assertions that do not reflect your opinions and experiences as you have experienced them; (vi) is defamatory, obscene, pornographic, vulgar, offensive, illegal, indecent, suggestive, abusive, or insulting; (vii) promotes discrimination, sectarianism, racism, hatred, harassment, or prejudice against any individual or group; (viii) is violent or threatening, or encourages violence or actions threatening any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains promotions, political campaign speeches, advertisements, or unsolicited or unauthorized solicitations; (xi) contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our reasonable judgment, is objectionable, restricts or prevents any other person from using or enjoying the Services, or may expose Twinbees or other parties to any harm or liability of any nature;
  • Copying, reproducing, distributing, using, publicly performing, or publicly displaying, framing or providing a mirrored image of the Services or any individual element of the Services, the name of Twinbees, any trademark, logo, or other proprietary information of Twinbees, or the layout and design of any page or form contained on a page, without the express written consent of Twinbees or its licensors;
  • Modifying the Services, removing any notice or proprietary marking or otherwise making derivative works based on the Services;
  • Using the Services other than for their intended use and in a manner not authorized by these Terms, which violates these Terms or any applicable law, regulation, contract, intellectual property right, or other right of any third party, or which may interfere with, disrupt, negatively affect, or inhibit other users from enjoying the Services, or which may damage, disable, overburden, or alter the functioning of the Services in any way;
  • Developing or using applications that interact with the Services without our prior written consent;
  • Avoiding, circumventing, ignoring, removing, disabling, altering, deciphering, or otherwise bypassing any technological measure implemented by Twinbees or any of Twinbees’ providers or any other third party (including another user) to protect the Services;
  • Attempting to access or search the Services, retrieve or extract data or any other content from the Services, including by using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or similar) other than the software or search agents provided by Twinbees or as allowed by our robots.txt file;
  • Attempting to decrypt, decompile, disassemble, or reverse engineer any of the software used to provide the Services (except to the extent such prohibition is not allowed by applicable law), or perform any action that may lead to the discovery of the source code;
  • Impeding or attempting to impede the access of any user, host, or network, including, without limitation, by sending a virus to the Services or overloading the Services, flooding them, sending spam or bombarding them with messages;
  • Collecting or storing any personally identifiable information from the Services about other users of the Services without their express permission;
  • Engaging in any conduct constituting harassment, threat, intimidation, predation, or stalking;
  • Using or attempting to use another user’s account without the permission of that user and Twinbees; or
  • Encouraging or allowing any other person to do any of the foregoing.

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:

  1. The User’s use of the App,
  2. Any activity that would constitute a violation of these Terms of Service by the User,
  3. Any damage that may be caused to the User’s equipment due to a virus contracted during navigation on the Site or the App or any other damage caused by the User’s navigation,
  4. Any redirection to third-party sites containing illicit content.

 

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.

  • Purpose of the App: The baby monitoring app is not designed for diagnostic purposes. Do not use it as a diagnostic tool or rely on it for medical diagnosis.
  • Professional Medical Advice: Do not use the app if your doctor recommends the use of hospital-grade monitors or equipment. It is not a replacement for or a substitute for adult and/or medical care or professional medical advice.
  • Safety Practices: Do not use the app as a reason to deviate from safe sleep and parenting practices. It is intended to be used in conjunction with safe sleep practices and parenting habits.

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.

 

  1. No Endorsement: Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Twinbees.
  2. No Guarantee of Results: While we strive to provide valuable and accurate information, Twinbees cannot guarantee any specific results from the use of the Services.
  3. Third-Party Content: The Services may contain links to third-party websites, services, or resources. Twinbees is not responsible or liable for the availability, accuracy, content, or products of such third-party websites, services, or resources. Links to such websites, services, or resources do not imply any endorsement by Twinbees.
  4. Technical Issues: Twinbees does not warrant that the Services will be uninterrupted, secure, or error-free. Technical issues or maintenance may temporarily disrupt the availability of the Services.
  5. Limitation of Liability
  6. No Consequential Damages: To the fullest extent permitted by applicable law, in no event shall Twinbees or its affiliates, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (v) any errors or omissions in any content or information, whether provided by Twinbees or third parties; (vi) any defamatory, offensive, or illegal conduct of any third party; or (vii) any other matter relating to the Services.
  7. Total Liability: To the fullest extent permitted by applicable law, the total liability of Twinbees and its affiliates, officers, employees, agents, partners, and licensors, arising out of or in connection with your use of the Services will not exceed the amount you have paid to Twinbees in the twelve months immediately preceding the event giving rise to such liability.

 

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:

  • These Conditions, along with any additional terms incorporated herein, constitute the entire agreement between Twinbees and you regarding the Services. They replace any prior oral or written agreements concerning the Services.
  • If any provision or part of a provision in these Conditions is deemed illegal, invalid, or unenforceable, that provision or part will be applied to the maximum extent permitted and deemed separable. The remaining provisions will remain fully effective.
  • These Conditions, including all supplementary terms and related documents such as notices and communications, are in the English language. Any translations are provided solely for your convenience.
  • You agree not to assign or transfer any right or obligation under these Conditions without the prior written consent of Twinbees. Any attempt to do so without consent will be void. Twinbees reserves the right to freely and unrestrictedly assign or transfer its rights and obligations under these Conditions. Subject to the foregoing, these Conditions will bind and benefit the parties, their successors, and authorized assigns.
  • Failure by Twinbees to invoke any right or provision in these Conditions does not constitute a waiver of that right or provision. Waiver of such right or provision will only be effective if made in writing and signed by an authorized representative of Twinbees. Except as expressly stated in these Conditions, the exercise by either party of any remedy under these Conditions will be without prejudice to its other remedies under these Conditions or otherwise.
  • Section headings in these Conditions are for convenience and have no legal or contractual effect. Unless otherwise stated in these Conditions, these Conditions solely benefit the parties and are not intended to confer third-party beneficiary rights on any other person or entity. You agree that communications and transactions between us may occur electronically.
 

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.

  • Acknowledgment of Responsibility:

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.

  • License Scope:

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.

  • Maintenance:

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.

  • Warranty:

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.

  • Liability:

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.

  • Intellectual Property Claims:

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.

  • Legal Compliance:

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.

  • Name and Address:

For any questions, complaints, or claims regarding our application, please contact us at the address provided in Section 19.

  • Third-Party Beneficiaries:

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.