Terms of Use for the Heaveness app

1.  Account

1.1 To become a user of the Heaveness app, you need to register and create an account. For this you need to have, at least, an e-mail address.

1.2 By creating an account you accept that these Terms of Use and all other rules apply for the use of the app, including the rules in the user manual.

1.3 Heaveness B.V. shall be entitled to block your account at any time, for example, if you act in violation of these Terms of Use, if you are removed or blocked as a member of a tree, or if your messages are reported or removed.

2. Lightpoints

2.1 Lightpoints are the in-app means of payment, and are only valid within the Heaveness app.

2.2 Payment using Lightpoints is handled via Apple (iOS phones) or Google (Android phones). Such purchases are also subject to the terms and conditions of Apple or Google. Lightpoints are not redeemable for cash.

2.3 The price of Lightpoints and the price of in-app products that you can buy with Lightpoints are subject to change at any time without prior notice.

3. Planting and managing a tree

3.1 At the end of the paid period, a special tree changes into a Heaveness tree, unless the paid period is extended by means of payment with Lightpoints.

3.2 The user who planted a tree is the manager of that tree, and can invite other members of that tree to become a moderator. An invited member only becomes a moderator after acceptance of the invitation.

3.3 The manager of a tree can remove that tree. The manager can transfer management to another member.

4. Visibility of trees and messages

4.1 The manager or moderator determines whether a tree is public, private or secret.

4.2 With a public tree, all users can view the tree and the timeline. Only users who are members can add a message or an accessory. Members can invite new members and anyone can sign up to join the tree.

4.3 A private tree can be found by searching by name in the search feature, but the tree and timelines are only visible to the members of that tree. Members of the tree can invite new members, and anyone can sign up to become a member.

4.4 A secret tree is not visible and cannot not be found using the search feature. Members of the tree can invite users to become a member.

4.5 The manager or moderator decides whether users who have signed up or who have been invited are accepted as members.

4.6 A private message is only visible to the person who posted it.

5. Messages and accessories

5.1 To be able to post messages or accessories a user has to be a member of the tree.

5.2 Posted messages appear on the timeline of the tree. When an accessory is added, the related description and text also appear on the timeline. Other members can express sympathy with a message and can add a comment.

5.3 Depending on the accessory type, accessories are posted in or at a tree. An accessory is shown in or near a tree for a particular duration, as stated in the shop.

6. Removal of trees, messages, accessories or users

6.1 A manager or moderator can delete messages or accessories and can remove or block members of a tree. A blocked member can no longer sign up as a member of that tree.

6.2 Heaveness B.V. shall be entitled to remove a tree with all its accessories, for example, when it violates the code of conduct. There will be no refund of unused Lightpoints, and you will not be notified.

6.3 Removed trees, messages and accessories and blocked profiles cannot be restored.

6.4 In case of removal of a tree, all associated messages and accessories will also be removed.

6.5 No correspondence is possible regarding removal or blocking of trees, messages or accessories.

7. Code of conduct

7.1 It is not allowed to make gross, defamatory, offensive or discriminatory statements, to disclose confidential personal information on others or to otherwise distribute illegal content, or to use the app in a way that causes nuisance to other users or to Heaveness B.V.

7.2 If you believe that a tree, accessory or message is in violation of these Terms of Use, general standards of decency, or the rules of conduct, you should report this to the manager of the relevant tree. It is up to the manager to decide whether the message is removed.

8. Intellectual property, license

8.1 The intellectual property rights of the Heaveness app, all parts of the app and related media, services and products are held by Heaveness B.V. or its licensors. You are only entitled to use the Heaveness app if you comply with these Terms of Use.

8.2 Except to the extent necessary for normal use of the Heaveness app, it is not allowed to reproduce or publish the Heaveness app, parts thereof or related media, services or products, or to infringe any intellectual property rights in relation to the Heaveness app, parts thereof or related media, services and products in any other way.

8.3 It is not allowed to post images and texts for which you do not own the copyright, unless you have the author’s permission. Heaveness B.V. shall not be liable for any damages in connection with violation of this condition.

8.4 By posting an image or text, you grant Heaveness B.V. a worldwide, perpetual, non-exclusive license to publish and reproduce the image or text in the app and in related applications and websites, either as-is or in a modified form. Heaveness B.V. shall not be required to pay compensation for this.

9.  Availability of app and data

9.1 Heaveness B.V. shall be entitled to interrupt the availability of the app or parts thereof at any time, for example, for maintenance.

9.2 Although Heaveness B.V. will make every effort to store all data in the app and to ensure availability, Heaveness B.V. cannot guarantee that your account, trees, messages, accessories and other user data will be available at all times, nor that all data will be protected against loss.

9.3 Heaveness B.V. shall be entitled to suspend or discontinue its services – and therefore the availability of your account, trees, messages, accessories and other user data – at any time.

10. Liability

10. 1 Liability for any damages resulting from the use of the Heaveness app or other services or products of Heaveness B.V. shall be limited to the amount paid out by the insurer of Heaveness B.V. for the relevant case. If Heaveness B.V. is not insured for the relevant damages or if the insurer does not pay out, the liability shall be limited to the net total amount you have paid to Heaveness B.V. for the use of the Heaveness app in the 12 months before the damage occurred. If you made no payments to Heaveness B.V. liability shall be limited to an amount of € 50. In case of wilful intent or deliberate recklessness on the part of the management of Heaveness B.V. these limitations shall not apply.

10.2 Heaveness B.V. shall not be responsible for the data – including messages, trees and user names – posted in the Heaveness app by users, and therefore does not accept any liability in this respect.

11. Miscellaneous

11.1 Heaveness B.V. shall be entitled to transfer its rights and obligations under these Terms of Use to a third party.

11.2 These Terms of Use can be changed by Heaveness B.V. at any time. You will be informed in case of significant changes.

12. Disputes

12.1 This agreement and your use of the Heaveness app and related parts shall be governed by the laws of the Netherlands.

12.2 If any disputes about the app, these Terms of Use, or one of the other services and products of Heaveness B.V. cannot be resolved by mutual agreement, disputes shall be submitted to the competent court in Amsterdam. If you do not want the case to be handled by the court in Amsterdam, you can notify us within one month after we have notified you in writing of our intention to start court proceedings. In this case, the competent court will remain competent.