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.
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.
8. Intellectual property, license
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. 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.
12.1 This agreement and your use of the Heaveness app and related parts shall be governed by the laws of the Netherlands.