Terms and Conditions

§ 1 Scope of application

(1) These terms and conditions govern the use of the GrowwW application (app). They apply regardless of whether the app is used free of charge or for a fee.

(2) Only the following terms and conditions apply between Becomyng GmbH (hereinafter “Provider”) and the user (hereinafter “User”) as amended at the time of use.

§ 2 Definition of terms

(1) The term “GrowwW App” or “App” refers to the Provider’s programme accompanying parents through the introduction of solid food — the period in which a child moves on to solids. The App guides the User through that period in weekly steps, provides information on individual foods and on the major allergens subject to labelling requirements, and offers the User a record of what their child has been introduced to. It can be installed and operated on devices such as mobile telephones and other mobile devices.

(2) The terms “Consumer” and “Entrepreneur” correspond to the legal definitions in Sections 13, 14 German Civil Code (BGB). The User is thus the “Consumer” insofar as the use or purchase of the GrowwW App cannot be assigned primarily to the User’s commercial or self-employed professional activity. In contrast, “Entrepreneur” refers to any natural or legal person or partnership with legal capacity that acts in exercise of its trade, business or profession when using the GrowwW App or entering into the contract.

(3) “Market place” refers to the shops (stores) of Market place operators such as Google (“Google Play”) or Apple (“App Store”) where the User can select and download the GrowwW App to be installed on the User’s device.

§ 3 Use of the GrowwW App

(1) The GrowwW App can be operated free of charge or for a fee. The app is always free of charge when installed – e.g. via the Google or Apple Market places. Use for a fee always requires special, express consent by the User in the app (“in-app-purchase”, see § 7 below).

(2) GrowwW is intended for parents and guardians. Users must be at least 18 years of age. The child does not use the App directly; information about the child is entered by the adult User.

§ 4 User account and contract

(1) These Terms are made available before an account is created. The user contract is concluded when the User creates an account after reviewing these Terms and the Provider activates it.

(2) A user account is required in order to use the GrowwW App. The User confirms that the information they provide is truthful, current and complete. The User is expected to keep their registration information up to date.

(3) The registered account and the GrowwW subscription may not be transferred to third parties or used by third parties.

(4) The User is obliged to protect their account against unauthorised access and misuse. Any suspicion of such conduct, and any actual instances of it, must be reported to the Provider without delay. Any refund of unauthorised payments will be made only after the misuse has been successfully reported.

(5) Should the Provider establish abusive conduct on the part of a User, the Provider is entitled to close the account concerned.

§ 5 Health notice and limits of the GrowwW App

(1) GrowwW is an information and organisation service for parents introducing solid foods. Neither the Provider nor the App is a doctor, paediatric practice or other healthcare provider. The App is not a medical device and does not provide medical care. Its content and functions are intended solely for general information, orientation and documentation.

(2) GrowwW does not diagnose, detect or treat any illness or allergy and does not provide individual medical, nutritional-medical or therapeutic advice. In particular, the App is not a substitute for examination, diagnosis, treatment or advice by a paediatrician or another appropriately qualified healthcare professional. This also applies to personalised displays, reminders, summaries, notices and warnings within the App.

(3) The User must not base decisions about a child's health, nutrition or treatment solely on content or output from the App. For medical or nutritional-medical questions, and especially in cases of known or suspected allergies, reactions to food, illness, medication, unusual symptoms or doubt, the User must seek timely advice from the child's paediatric practice or another qualified healthcare professional. Use of the App must not delay such contact or any necessary treatment.

(4) App warnings and notices are additional orientation only. They cannot identify every individual risk, symptom or emergency and are not a medical monitoring or emergency system. The absence of a warning does not mean that a food, action or health condition is safe.

(5) In the event of acute or severe symptoms or a medical emergency, the User must immediately contact the local emergency services or obtain emergency medical assistance. GrowwW does not guarantee any particular health outcome.

§ 6 Creation of a user account

The GrowwW App can only be used with a personalised user account. If the User creates a personal user account, this requires the User to enter an email address and a password.

§ 7 Use of the GrowwW App for a fee; in-app purchases

If the User would like to use the features offered by the paid version of the GrowwW App, the User can upgrade through an in-app purchase. On the product page the User can choose between several subscriptions with different terms, each with a fee matched to the length of the term. The mechanism may differ by marketplace. The marketplace terms determine whether the purchase contract is concluded between the User and the marketplace or between the User and Becomyng GmbH.

§ 8 Payment of the fee

In-app purchases are billed by the respective Market place. The payment terms stipulated by the respective Market place operator apply.

§ 9 Changes to the fee

The Provider reserves the right to change the fee for the subscription options. Price changes take effect only after the end of the current subscription term, or at the point when payment for the renewal of the subscription falls due. Where a price increase is planned, the Provider will inform the User at least 30 days before the intended change to the fee. If notice of the price increase is given less than 30 days in advance, the change takes effect only after the next payment date.

§ 10 Changes, interruptions and discontinuation of the GrowwW App

(1) The Provider is free to change, interrupt or discontinue the services of the GrowwW App at any time, temporarily or permanently, in whole or in part.

(2) The Provider will inform the User at least 30 days before any planned change to, interruption of, or discontinuation of paid services.

(3) The User is free to terminate their subscription extraordinarily where the change, interruption or discontinuation of the service unreasonably disadvantages the User or otherwise substantially disturbs the contractual balance between the parties. If the User exercises this right of termination, the User may, depending on the circumstances, be entitled to a pro-rata refund for the unused part of the terminated subscription. The Provider is responsible solely for refunds granted in accordance with these Terms.

(4) These Terms continue to apply to changed services as well.

§ 11 Warranty for defects of quality, guarantee

Where the contract for the App is concluded between the Provider and the User, the statutory provisions governing digital products apply, in particular Sections 327 et seq. German Civil Code (BGB), including the rules on conformity, updates and remedies. These Terms do not restrict the User's statutory consumer rights.

§ 12 Liability

(1) User claims to compensation for damages are excluded. This does not include a user’s claims to compensation of damages for injury to life or limb, health or damages caused by breach of material contractual obligations or liability for other damage caused by a deliberate or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Material contractual obligations are those obligations that are required to achieve the objective of the contract.

(2) If material contractual obligations are violated, the Provider is only liable for the typical foreseeable damage if such damage was caused by ordinary negligence, unless the User’s claim for compensation of damages is based on an injury to life, limb or health.

(3) The limitations of sub-sections (1) and (2) shall also apply in favour of the Provider’s legal representatives or vicarious agents if claims are asserted directly against such persons.

(4) The health notice in § 5 describes the purpose and limits of the App and the User's responsibility. It does not exclude or limit liability where such liability cannot be excluded or limited under mandatory law; in particular, sub-sections (1) to (3) and mandatory statutory claims remain unaffected.

§ 13 Instructions on right of withdrawal

The marketplace provides information on withdrawal and refunds before an in-app purchase is concluded. If the Provider itself is exceptionally the contracting party to a distance contract, it will provide the legally required withdrawal instructions and model withdrawal form before the contract is concluded. Statutory consumer rights remain unaffected.

§ 14 Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 15 Final provisions

(1) Contracts entered into between the User and the Provider are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions limiting the choice of law and the application of mandatory provisions, especially of the state where the User as the Consumer has its habitual abode, remain unaffected.

(2) If the User is an Entrepreneur, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes under the contractual relationships between the User and the Provider shall be the registered office of the Provider.

(3) If individual items are legally invalid, the remainder of the contract shall remain valid. Whenever such provisions exist, the statutory provisions shall replace the invalid provisions. If this would constitute undue hardship for one of the contracting parties, the entire contract shall be deemed invalid.

(4) GrowwW makes these Terms and Conditions available in several languages. The German version is however the origin of these Terms and Conditions and therefore authoritative, so that in the event of disputes, misunderstandings or contradictions it takes precedence over every translated version.

(5) Provider identification pursuant to § 5 DDG is available in the imprint.