GENERAL TERMS AND CONDITIONS for the Products and Services offered by Wavecreators

We, the team of Wavecreators GmbH, Dornbacherstrasse 101/6, 1170 Vienna, Austria (“Wavecreators”), are pleased to see you are interested in our products and we are confident that our Apps will match your needs.

To use our products, we have to clarify certain things with you. For example, the rights and responsibilities we owe each other, how long various periods last and many more details. One of them is a privacy policy.

Since it is not possible for us, for technical reasons and due to limited personnel resources, to negotiate the terms of use with each individual who wishes to use the Wavecreators products, we have drafted the following general terms and conditions (“T&C”).

Please read the following T&C carefully before you make use of our services. These are our relevant general terms and conditions regarding our apps and our website, and its services, functions, content and applications.

Wavecreators GmbH, Dornbacherstrasse 101/6, 1170 Vienna, Austria

1. INTRODUCTION

1.1 Wavecreators operates mobile apps aiming to help parents to monitor and control their children's mobile device screen time.

1.2 In order to be able to use the complete spectrum of Wavecreator’s products and services, purchase of a mobile Application ("the Parent App") is required (see Section 4, below). However, certain content (e.g., information regarding the company and the App), including general descriptions of Wavecreators can be viewed without purchase. Further, it is possible to install an App for children ("the Kid App") without purchase.

1.3 Wavecreator's goal is to help parents to navigate the challenges of children's use of mobile devices in a positive and cooperative atmosphere.

1.4 By accepting these T&C, you confirm that you are solely responsible for your use of the Parent App and the Kid App.

2. VALIDITY OF THE T&C

2.1 Wavecreators offers the Apps on the basis of these T&C. By installing any Apps from Wavecreators, the user consents to the validity of these T&C and any agreements incorporated therein by reference.

2.2 Neither the installation nor the use of the complete spectrum of products and services shall be possible without explicit consent to these T&C.

2.3 These T&C shall apply to all points of access, including (sub-)domains and mobile applications, for Wavecreators’ products and services.

2.4 These T&C shall be valid until cancelled in the currently valid version as of 21 June, 2017.

2.5 Solely the German version of these T&C is binding.

3. SUBJECT OF THE AGREEMENT

Currently, Wavecreators essentially offers its users the following applications and information in several languages:

3.1 Wavecreators.com platform:

3.1.1 News regarding Wavecreators in short form

3.1.2 Content, e.g. texts, pictures and videos, regarding parenting and screen time for children, products or services.

3.1.3 Status Messages

3.1.4 Machine-readable information and services (API)

3.1.5 Other Content:

About us: Short description of Wavecreators
Company offerings: Offers of Wavecreators addressed to companies
Partners: Presentation of partners and supporters of Wavecreators
Advertising by Wavecreators and/or third parties
Support for users
T&C

3.2 Mobile applications; Parent App, Kid App

3.2.1 Wavecreators offers applications for Apple iPhones and Android phones.

3.2.2 These applications can be used in connection with services offered on the wavecreators.com platform.

3.2.3 Subject to the user's consent, relevant data is transmitted from the smartphone to the wavecreators.com platform.

3.2.4 The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the wavecreators.com platform, certain costs of the mobile carrier will be incurred that have to be borne by the user.

3.2.5 The mobile applications are only available to users of smartphones. Some mobile applications (the Parent App) must be purchased.

3.2.6 Additional terms and conditions on the part of the mobile phone-providers apply.

3.3 Other Services of Wavecreators

3.3.1 Wavecreators may send messages (push notifications) to users of the Parent App. By accepting these T&C, the user allows Wavecreators to send messages. The user can opt out of receiving messages by adjusting the push notification permissions on their mobile phone.

4. REGISTRATION

4.1 In order to be able to use the Wavecreators.com platform, the Parent App must be purchased and installed on a mobile device. Upon launch of the Parent App, an automated registration with the Wavecreators.com platform is performed.

4.2 Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Wavecreators. Minors may only register with Wavecreators subject to the consent of their parents or legal guardians.

4.3 By registering, the user confirms its knowledge and the unlimited recognition of the content of these T&C.

4.4 Following successful registration, the user can use the Parent App.

4.5 If the registration process is not completed, e.g., because the App is terminated, then the Parent App cannot be used until the registration is completed.

4.6 Wavecreators reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.

4.7 Wavecreators is not responsible for the actual identity of the user, since personal identification via the internet is possible only to a limited extent. Each user shall itself confirm the identity of other users prior to entering into any form of interaction with such users, e.g., adding as a parent or kid, or by writing messages.

5. GENERAL TERMS AND CONDITIONS FOR ALL USERS

5.1 Fraud protection.

5.1.1 You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at abuse@wavecreators.com of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.

5.1.2 Wavecreators will not refund any amounts paid by you to Wavecreators before you report an unauthorized or fraudulent use of your account.

5.1.3 Wavecreators has the right to close or cancel the account of any registered user in the event of any unauthorized or fraudulent use of the account.

5.2 Promotions and Free Offers. Wavecreators may run promotions and free offers, which may be subject to additional terms or restrictions. These promotions and offers may not be transferred between users.

6. TERMINATION

6.1 Each user shall have the right to terminate the use of Wavecreators' online platform and Apps at any time by uninstalling the App.

6.2 Additionally, Wavecreators reserves the right to terminate a user’s membership at any time for any reason. Wavecreators will not refund any amounts paid by you in the event of termination. This applies in particular to the case if WaveCreators GmbH decides to remove the App from the App Store.

6.3 As a result of any termination pursuant to this Section 6 or cancellation pursuant to Section 7 hereof,

6.3.1 all details except for anonymous statistical information provided by the user upon registration shall be deactivated. .

6.3.2 upon the user’s request, all saved data shall be irrevocably deleted. The user shall request such deletion by email sent to delete.account@wavecreators.com, which shall include the unique user ID of any parents or children to be deleted.

7. SPECIAL CANCELLATION RIGHT FOR CONSUMERS

7.1 Application of Consumer Laws. If you as a User are registered on the Wavecreators.com platform for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):

7.2 Right of Withdrawal from Contract. You may cancel your agreement with Wavecreators in writing, e.g., by letter or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
Wavecreators GmbH
Dornbacherstrasse 101/6, 1170 Vienna
Austria
Email: tos@wavecreators.com

7.3 Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Wavecreators in full or in part, you are obligated to reimburse Wavecreators for the value lost. This may mean that you are required to fulfill your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.

8. USER OBLIGATIONS AND CONDUCT

8.1 Each user of the Wavecreators.com platform must

8.1.1 truthfully provide, and keep current and complete, any registration details, and must not pass on such details to third parties;

8.1.2 only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Wavecreators that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, such as trade names and trademarks. The user shall be exclusively responsible for such content;

8.1.3 not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;

8.1.4 not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;

8.1.5 not carry out any disrupting interferences in the Wavecreators network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Wavecreators' software or hardware;

8.1.6 not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;

8.1.7 provide prompt notice via email to abuse@wavecreators.com of any detected breaches of the aforementioned obligations;

8.1.8 diligently care for the personal details and only allow such persons access to its own details that are close to the user; and

8.1.9 regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Wavecreators shall not be responsible for any lost or impaired details.

9. BREACH OF USER OBLIGATIONS

9.1 In order to ensure the proper and reliable provision of services, Wavecreators imposes the following sanctions upon breach of obligations by a user:

warning;
deletion of content;
temporary deactivation of user account including related children accounts; and
cancellation (irrevocable deactivation) including related children accounts.

9.2 The type of sanction shall depend on the purpose, impact and type of the breach in light of Wavecreators' and the user's interests.

9.3 In the event a user account shall be cancelled in accordance with this Section 9, the respective user shall not be permitted to register again.

10. CONTENT

10.1 Wavecreators permits its registered users to use the offered portfolio of products and services in accordance with statutory law and these T&C, in order to upload, save, publish, distribute, transmit and share content with other users.

10.2 The user consents that as a result of the automatic evaluation of the way such user uses the platform, it may be exposed to certain offers and/or marketing messages tailored to such user.

10.3 The user consents that marketing measures may also be taken in the proximity of content created by such user.

10.4 Wavecreators shall have the right to save content or disclose such content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, in order to

10.4.1 comply with statutory law, or court or administrative orders

10.4.2 ensure compliance with these T&C;

10.4.3 react to claims of breaches of law raised by third parties; or

10.4.4 safeguard the rights, property or personal safety of Wavecreators, its users and the general public.

10.5 The user grants Wavecreators the irrevocable, free, non-exclusive and unlimited right to use all content generated, transmitted, saved and published by such user. Accordingly, Wavecreators shall have the right to use, irrespective of the type of usage, all content both as part of the Wavecreators platform and any other activity of Wavecreators or any company affiliated with Wavecreators. This shall include the right to change and edit such content, unless such changes or edits impair material interests of the user. In this connection, the user waives, to the extent legally permissible, all intellectual property rights. However, to the extent feasible, in the event that Wavecreators uses content created by a user outside the Wavecreators platform, Wavecreators shall note that such content was created by the user.

10.6 Wavecreators does not claim ownership of any content created by users and will not supervise such content.

10.7 Wavecreators reserves the right to delete content created by users, such as comments or videos, without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be sanctioned in accordance with Section 9.

10.8 Wavecreators shall not be responsible for inaccurate content created by users.

10.9 You agree that the WaveCreators services, including but not limited to products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the WaveCreators services contains proprietary information and material that is owned by WaveCreators GmbH and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the WaveCreators services in compliance with these T&C. No portion of the WaveCreators services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the WaveCreators service in any manner, and you shall not exploit the WaveCreators service in any unauthorized way whatsoever, including, but not limited to, by tresspass or burdening network capacity.

11. PRIVACY POLICY

Please see the separate Privacy Policy available on https://www.wavecreators.com/info/Privacy_Policy_en.htm..

12. REPRESENTATIONS AND WARRANTIES

12.1 Wavecreators does not represent or warrant that the Wavecreators.com platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.

12.2 Wavecreators does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.

12.3 The user uses the Wavecreators offering exclusively at its own risk. This applies, without limitation, to

12.3.1 the related use of any hardware, including, but not limited to the respective smartphone;

12.3.2 downloading of the user's own and third party content; and

12.3.3 any use by the user of data created or provided by Wavecreators, including, but not limited to (i) recommendations for actions or (ii) product suggestions. The user explicitly acknowledges that any such data or content may contain errors, and Wavecreators does not, to the extent permitted by law, assume any responsibility for the correctness of such data.

12.4 The use of any software or hardware offered by Wavecreators is no substitute for the consultation by the user of a specialized doctor.

12.5 Additionally, Wavecreators does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Wavecreators does not make any representations or warranties with respect to products or services of third party providers.

13. LIMITATION OF LIABILITY

13.1 Wavecreators shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if Wavecreators has caused a certain damage willfully or with gross negligence. In the event of slight negligence, Wavecreators shall not be liable to other businesses and shall be liable to consumers only for personal damages. Wavecreators shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.

13.2 Unless required by statutory law, neither Wavecreators nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.

13.3 Wavecreators assumes no liability for downloaded material or material obtained as a consequence of using the wavecreators.com platform. The Registered User is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the wavecreators.com platform.

13.4 The Registered User is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The Registered User acknowledges and accepts that Wavecreators will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.

14. INDEMNIFICATION BY USERS

14.1 The user shall indemnify Wavecreators for all claims raised by third parties as a result of an infringement of their rights by the user in connection with content uploaded to the wavecreators.com platform by such user or as a result of any other usage by such user of applications available from Wavecreators. The user shall bear the costs of any legal proceedings, in which Wavecreators may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.

14.2 In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Wavecreators all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Wavecreators may be entitled to bring against the user shall not be affected.

15. CHANGES TO THE T&C

15.1 Wavecreators reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the wavecreators.com platform.

15.2 Changes to these T&C, other than changes to Section 3 require the consent of the respective user, to whom the changed T&C shall apply. If Wavecreators intends to implement such changes to these T&C, Wavecreators will give the user as much prior notice of such changes as possible. Such notice shall be made (i) on the relevant pages of the wavecreators.com platform, or (ii) on any other device through which the user accesses the Wavecreators services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.

15.3 In the event that the user does not consent to the changed T&C, it shall not be permitted to any further use of the wavecreators.com platform or any Wavecreators services.

15.4 Following amendment of the T&C, the continued use of Wavecreators' offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user's consent to the amended T&C.

15.5 Subject to Sections 15.1 to 15.4, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.

16. MISCELLANEOUS

16.1 In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.

16.2 Governing Law and Jurisdiction.

16.2.1 These T&C and all contractual relations and litigation between the users and Wavecreators shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

16.2.2 Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.

Last updated: 21 June, 2017