Tuckwell

Terms of Use

Last updated

These terms are an agreement between you and Miguel Twahirwa, an individual based in Ontario, Canada, who operates Tuckwell (“we”, “us”). They cover the Tuckwell app for iPhone, its widgets and Live Activities, the Tuckwell app for Apple Watch, and trytuckwell.app. By using Tuckwell, you agree to them. Our Privacy Policy explains how we handle your information.

The short version

  • Tuckwell helps you keep a record of your child’s care. It isn’t medical advice and doesn’t replace your doctor or your own judgement.
  • You must be an adult, and only add children you’re responsible for or have permission to record.
  • What you add is yours. We use it only to run Tuckwell for you and the people you invite.
  • Everyone in a family can see its records and photos, so invite people you trust.
  • Tuckwell is free today. If that changes, you’ll see the price before you pay anything.
  • Ontario law applies, and you keep the consumer protections of the place you live.

1. Tuckwell isn’t medical advice

Tuckwell is a record-keeping tool. It doesn’t diagnose, treat or prevent any condition, doesn’t give medical advice, and doesn’t tell you what your child needs next. Always follow the advice of your doctor, nurse, midwife or pharmacist. If you think your child may be unwell, contact a healthcare provider, and in an emergency call 911 or your local emergency number. Never delay care because of something you did or didn’t see in Tuckwell.

  • Tuckwell only knows what you and your family enter. Entries can be missing, late or wrong, and times depend on your devices’ clocks.
  • Medicine entries are a log of what was given, not a dosing guide. Check doses and timing with a pharmacist or doctor, and follow the label.
  • Reminders are a convenience. Your iPhone can delay or silence them (for example with Focus, Low Power Mode or notification settings), so don’t rely on Tuckwell alone for anything time-critical.
  • Syncing can be delayed, especially while a device is offline, so another caregiver may not see a change straight away.

2. Who can use Tuckwell

To use Tuckwell, you must be 18 or older and have reached the age of majority where you live. You may add a child only if you’re their parent or legal guardian, or if their parent or guardian has asked you to help record their care. You’re responsible for having that authority.

3. Your account

Tuckwell works on your device without an account. To sync across devices and share with your family, you sign in with Apple. You’re responsible for what happens under your account, so protect your devices with a passcode: anyone who can unlock your iPhone or Apple Watch can open Tuckwell. Tell us straight away if you think someone else has access to your account.

4. Families and sharing

  • The person who creates a family is its owner. The owner decides who is in the family and what they can do, can remove anyone’s access, and can transfer ownership to an editor.
  • Editors can record care and memories. Viewers can see care and memories but can’t change them.
  • Everyone in a family can see all of its children, care records, moments and photos.
  • An invitation is a link that works once and expires after seven days. Anyone who opens an unused link can join, so send it only to the person you mean to invite. You’re responsible for who you invite.
  • If you leave a family or your access is removed, you can no longer see it. Entries you recorded stay with the family.

We can’t settle disagreements between members of a family about access or records; the owner controls the family. If you share a child’s care with someone you no longer trust, the owner can remove their access in Family.

5. Your content

Everything you add to Tuckwell, including records, notes and photos, remains yours. You give us a worldwide, non-exclusive, royalty-free licence to store, copy, process (for example, resizing photos and removing their location data), transmit and display your content, only to run Tuckwell for you and the people in your family. The licence ends when you delete the content, apart from the limited copies needed to complete the deletion, as our Privacy Policy describes.

You confirm that you have the right to add what you add, and that it doesn’t break the law or anyone else’s rights.

Never add content that sexualises or exploits a child. If we become aware of it, we’ll remove it, close the account and report it to the Canadian Centre for Child Protection (Cybertip.ca) and law enforcement, as the law requires.

6. Using Tuckwell responsibly

When you use Tuckwell, don’t:

  • break the law or anyone else’s rights, including their privacy;
  • access, or try to access, a family, account or data that isn’t yours, including by guessing or sharing invitation links;
  • use Tuckwell to harass, stalk or monitor anyone;
  • probe, scan or test Tuckwell’s security, or get around it;
  • copy, decompile or reverse engineer Tuckwell, except where the law allows it;
  • overload or disrupt Tuckwell, or access it with bots, scrapers or other automated means; or
  • sell, rent or offer Tuckwell as a service to others.

If you find a security problem, please tell us at hello@trytuckwell.app so we can fix it.

7. Price

Tuckwell is free to download and use today. If we introduce paid features or subscriptions, we’ll show the price and terms before you buy, and we’ll tell you before any feature you already use starts to cost money. Purchases are made through Apple’s App Store, and Apple handles payment, billing and refunds under its own terms.

8. Changes and availability

We’re always improving Tuckwell, so features may be added, changed or removed. Syncing may occasionally be unavailable for maintenance or because of problems outside our control; you can keep logging on your device in the meantime.

If we decide to shut down Tuckwell’s cloud service, we’ll give you at least 60 days’ notice in the app, unless something outside our control makes that impossible, and a way to get a copy of your family’s data.

9. Ending your use

You can stop using Tuckwell at any time. To delete your account and your information, follow the steps in our Privacy Policy.

We may suspend or end your access if you seriously or repeatedly break these terms, if the law requires it, or if it’s needed to protect a child, other people or Tuckwell. Where we can, we’ll tell you why, give you a chance to put things right, and give you a way to get a copy of your data, unless doing so would be unlawful or put someone at risk.

Sections 5 (to finish deleting your content) and 10 to 16 continue to apply after your use ends.

10. What belongs to us

The Tuckwell apps and website, including their design, artwork, name and logo, belong to us or our licensors. We give you a personal, non-exclusive, non-transferable and revocable licence to use the Tuckwell apps on Apple devices you own or control, for your family’s personal, non-commercial use, under these terms.

If you send us ideas or feedback, we may use them without owing you anything.

11. Disclaimers

We work hard to keep Tuckwell reliable and your records safe. But to the extent the law allows, Tuckwell is provided “as is” and “as available”, without promises beyond those in these terms. We can’t guarantee that Tuckwell will always be available, that it will be free of errors, or that data will never be lost. Keep your own record of anything important, such as information your child’s doctor needs.

Nothing in these terms excludes or limits any guarantee, warranty or right you have under consumer protection laws that can’t be excluded or limited, including Ontario’s Consumer Protection Act, 2002.

12. Limits on liability

To the extent the law allows:

  • we aren’t liable for indirect, incidental, special, consequential or punitive losses, or for lost data, profits or goodwill, arising from your use of Tuckwell; and
  • our total liability for all claims relating to Tuckwell is limited to the greater of the amount you paid us for Tuckwell in the 12 months before the claim, or CAD $100.

These limits don’t apply to liability that can’t be limited by law, including liability for fraud, or for intentional or grossly negligent conduct.

13. Apple and the App Store

If you got Tuckwell from the App Store:

  • These terms are between you and us, not Apple. We, not Apple, are responsible for Tuckwell and its content.
  • Your licence to install and use the app is governed by Apple’s Licensed Application End User License Agreement and the App Store’s usage rules. These terms add to that licence and govern your use of Tuckwell’s services. If they conflict about the app licence, Apple’s agreement applies.
  • Apple has no obligation to provide maintenance or support for Tuckwell.
  • If the app fails to meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation for the app.
  • Apple isn’t responsible for claims relating to the app, such as product liability claims, claims that the app fails to meet a legal or regulatory requirement, consumer protection claims, or claims that the app infringes someone’s intellectual property. We’re responsible for those claims to the extent these terms describe.
  • You confirm that you’re not located in a country subject to a Canadian or United States government embargo, and that you’re not on any Canadian or United States government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

14. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario have jurisdiction over any dispute about Tuckwell or these terms. If you’re a consumer, you can also bring a claim in the courts where you live when the law gives you that right, and you keep any protections of your local consumer law that can’t be waived.

Before starting a claim, please contact us. Most problems can be sorted out quickly.

15. Changes to these terms

We may update these terms, for example when we add features or the law changes. The date at the top shows when they last changed. If a change is material, we’ll tell you in the app or on this site at least 30 days before it takes effect, unless it’s needed sooner for legal or security reasons. If you keep using Tuckwell after a change takes effect, the new terms apply. If you don’t agree, stop using Tuckwell and ask us to delete your account.

16. General

  • These terms, our Privacy Policy and, if you got Tuckwell from the App Store, Apple’s licence agreement are the whole agreement between you and us about Tuckwell.
  • If part of these terms can’t be enforced, the rest still applies.
  • If we don’t enforce part of these terms straight away, we can still enforce it later.
  • You can’t transfer these terms to anyone else. We may transfer them to someone who takes over Tuckwell, and we’ll tell you if we do. That won’t reduce your rights under these terms.

17. Contact us

For questions, complaints or claims about Tuckwell:

Miguel Twahirwa, Tuckwell
Ontario, Canada
hello@trytuckwell.app