Terms and Conditions
Terms of Use “The Wonder Weeks”
“The Wonder Weeks” is an online application that contains information and can be used to track your baby’s development (‘App’). The App is developed and provided by Twise Victory Publishing B.V. (‘Twise Victory’).
The information in the App cannot be used as a substitute for medical or other professional care or information and is not intended as an aid to (self) diagnosis. For (acute) medical questions, complaints or symptoms, please contact your own (primary) physician or another healthcare professional.
To use the App, you must download the App from the Apple App Store, Google Play Store or other digital platform. By downloading the App, you are entering into an agreement (“Agreement”) with Twise Victory and agree to these Terms of Use (“Terms of Use”).
In these Terms of Use, the terms “we,” “our” or “us” refer to Twise Victory, our affiliates, subsidiaries, legal successors, licensees and each of its and our officers, directors, shareholders, agents, representatives and/or employees. The terms “you” and “your” refer to the natural person using the App. You and we are collectively referred to as “Parties”.
You are permitted to access and use our App and related services only under the following terms and conditions. We encourage you to save or print a copy of these Terms of Use for future reference and to review these Terms of Use periodically, as these Terms of Use may be amended from time to time.
Last modified on: 4th of March 2024
1. Applicability
These Terms of Use apply to any use of the App and any new versions or releases of the App. To the extent that the terms of the Appstore impose mandatory conditions on these Terms of Use, such conditions shall be deemed incorporated into these Terms of Use.
2. Payment
We offer a free version of the App with limited access to the available content and functionalities. For full access to App content and features, we offer various subscription options as described in the online purchase process. Subscription fees are charged through your app store provider under the terms and conditions set by the respective app store provider.
We are entitled to change the rates and fees for the App at any time in accordance with the terms of the app store used by you.
3. Account and password
In order to use the App, it must be downloaded. After purchasing a subscription, you can create an account (“Account”) by following the instructions provided. If you are under 18 years of age, the consent of a parent or legal guardian is required to use the App. By downloading and/or using the App, you warrant that you are 18 years of age or older or have permission from a parent or legal guardian.
When creating an Account, you use complete and accurate information and you agree to keep this information up-to-date.
You agree to keep your login information confidential and not to disclose your login information to third parties.
You are responsible for all activities that occur under your Account. You must immediately notify us of any instances of unauthorized access to your Account. You may be held responsible for all losses and damages suffered by us or third parties as a result of your or anyone else’s use of your Account.
We reserve the right to remove your Account and/or (temporarily) block access to (certain parts of) the App at any time if we deem it necessary, without prior notice to you. We will not be liable for any damages or costs arising out of or in connection with the reasonable suspension, removal and/or restriction of your Account or access to and use of the App.
4. Right of Withdrawal
Some App Store purchases may be eligible for a refund. What qualifies for a refund may vary by country or region. Consult your App Store’s terms and conditions for more information.
5. License
Twise Victory hereby grants you a limited, non-exclusive and non-transferable, non-sublicensable right (“License”) to the App for your personal and non-commercial use. To the extent we charge for use of the App, the License is granted subject to the condition precedent of payment of all payments due by you under this Agreement. Twise Victory reserves all rights not expressly granted to you in these Terms of Use.
You hereby grant us a worldwide, non-exclusive, sub-licensable, transferable and royalty-free license to all text, photos and other information that you process or store in the App and/or your Account for the purposes of executing this Agreement (including but not limited to storing and displaying, and sharing with others at your request).
6. Intellectual property rights
All (intellectual property) rights to the App (including but not limited to copyright, trademark and database rights) are vested in Twise Victory and/or its licensors. Nothing in the Agreement or these Terms of Use is intended to transfer any intellectual property rights.
You are not authorized to copy, modify, decompile, translate, alter or reverse engineer (parts of) the App except with Twise Victory’s written permission.
You remain the owner of all (intellectual property) rights to the texts, photos and other information you process or store in the App.
Each time you store, add, upload, link or share information in the App, you warrant that you are legally entitled to make such use of the information and that such information does not infringe any third party rights, in particular contractual, property, intellectual property and data protection rights, and indemnify us against any third party claims in this regard.
In case of (any suspicion of) infringement or violation of any intellectual property right or any other third party right by you, we are entitled to (temporarily) suspend and/or disable the use of the App and/or your Account until clarity is obtained on the correctness of such (suspicion of) infringement or violation.
7. Information in the App
While we make reasonable efforts to regularly update the information within our App, we do not warrant that the information contained in the App is always accurate, complete and current. Such information is provided for general reference only.
Our App may contain information including links, including personal data, and links to other websites and resources, provided by other Users or third parties. We have no control over websites, resources or information uploaded by Users or from third parties and accept no responsibility or liability for such information.
The information in the App cannot be used as a substitute for medical or other professional care or information provision and is not intended as an aid to (self) diagnosis. Please contact your physician or other healthcare professional with any (acute) medical questions, complaints or symptoms.
8. Availability
While we will make every reasonable effort in this regard, we do not guarantee that:
- the App is always accessible and available, or works flawlessly and continuously at all times;
- all information provided by us, including all information in the App is accurate, complete or up-to-date;
- data transmission will be correct and undamaged at all times, including sharing (information with other users);
- the quality of the App will meet your expectations or be suitable for a particular purpose; and any errors that may occur in our App will be fixed.
We reserve the right to revise, modify, discontinue or change any facet of our App at any time without prior notice to you.
Without prior notice to you, we are entitled to (temporarily) suspend or restrict the use of the App and/or your Account to the extent necessary for reasonably required immediate maintenance or necessary immediate modifications or improvements to the App (for example, in the event of a security breach).
9. Your rights and obligations
You are responsible for the purchase and maintenance of equipment necessary to access and use the App, including smartphones and Internet connections. You warrant that such equipment and/or connections will not cause damage to the App, Twise Victory and/or other users of the App.
You are responsible for any use – including unauthorized use – of the App and shall act and behave in accordance with what may be expected of a responsible and careful Internet user. You will refrain (and/or others) from:
A. modifying, translating, adapting, arranging or creating derivative works from the App, end-user documentation or parts thereof;
B. decompiling, disassembling or reverse engineering, or otherwise deriving the source code, algorithms, methods or techniques or any part of the App;
C. disrupting, damaging or interrupting the normal operation or any security-related functions of the App;
D. obtaining unauthorized access to the App, or restricting or preventing use by other users of the App;
E. creating a security risk to the App or users;
F. using the Application, or any feature thereof, in a manner that may or will violate the law or the rights of any person or third party, or expose us to legal liability;
G. removing, altering or making illegible any copyright and/or (trade) mark notices appearing in the App and any end-user documentation made available to you by us;
H. uploading, or otherwise publishing, material that you are not permitted to disclose under applicable law, that violates applicable law, including but not limited to uploading and sharing (personal) information belonging to another person or third party without that person’s or third party’s consent and;
I. otherwise uploading material that is libelous, defamatory, threatening, (sexually) intimidating, obscene, pornographic, discriminatory or otherwise considered controversial by general standards;
J. providing information that you know is false, fraudulent, deceptive, inaccurate or misleading or misrepresents your identity;
K. using data in the App in the context of text and data mining.
10. Privacy and protection of personal data
When processing personal data, Twise Victory adheres to the applicable laws and regulations, including the General Data Protection Regulation (“GDPR”). The way in which Twise Victory, as a data controller, handles your personal data is described in the Privacy Statement which can be found on the website.
The App allows you to keep a journal. If you use this diary functionality, Twise Victory processes your diary entries exclusively for your benefit and not for its own purposes. All obligations that follow from Article 28 GDPR are hereby incorporated to the extent applicable.
By using the journal functionality, you instruct Twise Victory to store your journal entries in the App for you. Twise Victory will only process the data you store in your diary in accordance with your instruction.
You control the duration of processing by having the ability to edit and/or delete your diary entries during your subscription. By default, we store your diary messages during your subscription and a period of 2 months thereafter, so you will also have this additional period after your subscription ends to download and store your diary, for your own use.
You decide whether to use the diary functionality in the App, or otherwise keep a diary. Use of the diary functionality is not mandatory. You also determine what information you place in your diary and determine who you include information about in your diary (the categories of people involved), as well as who may have access to your diary entries.
We will secure your diary entries appropriately and process them only within the EU. If there is a breach of our security that involves data from your diary, we will inform you immediately, in accordance with the requirements of the General Data Protection Regulation.
All our employees and any (sub-)processor(s) involved in the design, maintenance and management of the App (including the diary functionality) are bound by confidentiality obligations in their (employment) agreements.
For maintenance and management of the diary functionality, as well as technical troubleshooting, we use The Mobile Company (KvK: 33252019) located at Danzigerkade (51013 AP) in Amsterdam. By using the diary functionality and agreeing to these terms, you consent to the use of The Mobile Company as a sub-processor for the diary functionality.
11. Forum
THE MATERIAL, INFORMATION AND OPINIONS CONTAINED AND/OR EXPRESSED ON OR IN OUR USER FORUM, COMMENTS, OR COMMUNITY PAGES (THE “FORUM”) DO NOT NECESSARILY BELONG TO TWISE VICTORY,
TWISE VICTORY DOES NOT MONITOR OR REVIEW FORUM CONTENT AND FORUM CONTENT IS NOT THE RESPONSIBILITY OF TWISE VICTORY.
TWISE VICTORY MAY REMOVE OR EDIT CONTENT AT ANY TIME WITHOUT NOTICE OR LIABILITY AND IN ITS SOLE DISCRETION, SUCH AS IN RESPONSE TO A REPORT BY A FORUM USER.
USE OF THE FORUMS IS ENTIRELY AT YOUR OWN RISK AND IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN. YOU MAY EDIT AND/OR DELETE YOUR FORUM POSTS AND/OR COMMENTS YOURSELF.
THE INFORMATION YOU SHARE ON THE FORUM IS PUBLIC AND CAN BE READ BY ALL OTHER FORUM USERS.
12. Secrecy
The parties shall keep confidential all information that they obtain from each other under this Agreement that they reasonably understand to be confidential, except to the extent disclosure is necessary for performance of the Agreement, necessary to protect the rights of third parties, or pursuant to an authorized legal order.
13. Liability and indemnity
The App is provided “as-is” and “as-available” to the maximum extent permitted by applicable law. We make no warranties or representations, express or implied, as to any matter whatsoever, including but not limited to non-infringement of third party rights, non-infringement of usage or other data, merchantability, integration or fitness for a particular purpose, or that our App will meet your requirements or function properly when used in conjunction with other software or hardware. We make no warranties for third-party services or software that may be used by accessing and using the App.
We shall not be liable for any direct, indirect or consequential damages, whether in contract, tort or otherwise, arising out of or in connection with access to or use of our App. This includes, without limitation, loss of profits, revenues, business, goodwill, (personal) data, intangible damages or costs incurred to prevent, mitigate or fix such damages.
We shall only be liable for damages or expenses arising out of or resulting from intentional or deliberate recklessness of our management.
If and to the extent that for any reason we should nevertheless be liable for any costs or damages incurred by you, our total liability is limited to EUR 50 (fifty euros) per event (whereby a series of events counts as one event) per year.
You agree to defend, indemnify and hold us harmless from any demands, claims, damages, liabilities, expenses or damages, including attorney’s fees, from third parties arising out of or resulting from:
A. your use of the App in violation of these Terms of Use;
B. any information or other material uploaded or transmitted through your Account, smartphone or other device that infringes, violates or misappropriates the rights of any person or third party (including intellectual property or privacy rights); and
C. the violation of any mandatory laws or regulations directly applicable to you.
You will use all reasonable efforts to assist us in defending ourselves against claims and/or lawsuits and will provide us, upon first request, without undue delay, with all relevant information that may be necessary to defend against and/or settle such claims and/or lawsuits.
14. Termination
Your paid membership remains valid until the end of your subscription term. Your subscription will expire automatically. Subscription fees are non-refundable and there is no refund for partially used periods. You can only cancel the paid version of the App in accordance with your app store’s terms and conditions for doing so. You can cancel the non-paid version of the App by stopping using it and deleting it.
We may terminate our contractual relationship with you at any time, including without limitation in the event that you violate any provision of these Terms of Use, or rights of third parties. In the event of such termination, you must destroy all copies and components of the App, delete the App from your devices, and cease using the App.
15. Force majeure
A failure to perform by us cannot be imputed to us if it is the result of an event independent of our will. This includes in any case – but not exclusively – power- electricity- internet- computer and telecom failures, computer viruses and defaults of our suppliers or other third parties on which we depend.
16. Applicable law and competent court
The Agreement and these Terms of Use are governed exclusively by Dutch law.
Disputes arising from the Agreement and/or these Terms of Use shall be submitted exclusively to the competent court in the district of Gelderland, location Arnhem, except to the extent that the law imperatively designates another court as competent.
17. Final Provisions
If one or more provisions of these Terms of Use prove to be invalid, this shall not affect the validity of the remaining provisions of these Terms of Use. In such a case, the parties will determine (a) new provision(s), in which the intention of the original provision will be adhered to as much as possible.
Twise Victory is entitled to modify or supplement these Terms of Use at any time. In case of substantive changes, Twise Factory will communicate these changes to you at least 30 calendar days before taking effect.
If you do not wish to agree to the changes, you may terminate the Agreement between the Parties until the changes take effect.
