Terms & Conditions

Article 1 — Definitions

In these Terms & Conditions, the following definitions apply:

• Service: the Hoeray SaaS platform, including all functionalities such as the automated sending of birthday cards, flowers, and other gestures to employees.
• Platform: the web application available at hoeray.com and all associated subdomains.
• Subscription: the subscription plan chosen by the Customer (Starter, Groei, or Professional) that provides access to the Service.
• Customer: the legal entity or natural person that subscribes to the Service.
• User: any natural person who has access to the Platform on behalf of the Customer.
• Employee Data: personal data of the Customer's employees entered into the Platform via an HR integration or manually, including name, date of birth, and address details.

Article 2 — Applicability

2.1 These Terms & Conditions apply to all offers, agreements, and deliveries of the Service by Hoeray.

2.2 Any purchasing or other terms and conditions of the Customer do not apply, unless Hoeray has expressly accepted them in writing.

2.3 Deviations from these terms are only valid if agreed upon in writing.

Article 3 — The Service

3.1 Hoeray provides a SaaS platform that enables companies to automatically send gestures to employees on special occasions, such as birthdays.

3.2 The Service includes, among other things: the automatic sending of birthday cards via Print.one, the automatic ordering and delivery of flowers via Fleurop, an integration with HR systems such as Nmbrs for synchronizing Employee Data, and an online dashboard for management and insights.

3.3 Hoeray endeavors to perform the Service to the best of its ability but does not guarantee that the Service will function flawlessly or without interruptions at all times.

Article 4 — Third-party products

4.1 In the sending of cards and flowers, Hoeray acts solely as an intermediary and facilitator. Hoeray is not a producer, deliverer, or seller of these physical products.

4.2 The actual production and shipping of cards is carried out by Print.one B.V. The ordering and delivery of flowers is carried out by Fleurop Interflora Nederland B.V. Hoeray has no influence on the quality, condition, composition, or timeliness of delivery of these products.

4.3 Hoeray is not liable for defects in, late delivery of, or damage caused by physical products produced and/or delivered by Print.one or Fleurop. This includes, but is not limited to: print quality, paper quality, color deviations, freshness of flowers, composition of bouquets, and delivery errors.

4.4 Complaints about physical products can be reported by the Customer to Hoeray. Hoeray will forward these complaints to the relevant supplier and will endeavor to reach a resolution, but is not responsible or liable for this.

4.5 The general terms and conditions of the relevant supplier (Print.one or Fleurop, respectively) apply to the physical products. Hoeray will refer the Customer to these terms upon request.

Article 5 — Subscriptions and payment

5.1 The Service is available in various subscription plans, including Starter, Groei, and Professional. Current pricing and conditions per plan are listed at hoeray.com/pricing.

5.2 Subscriptions can be taken out on a monthly or annual basis. For an annual subscription, the full year is charged in advance.

5.3 Payment is made in advance via Stripe. Supported payment methods are iDEAL, SEPA direct debit, and credit card.

5.4 If payment is not made via automatic direct debit, a payment term of fourteen (14) days after the invoice date applies.

5.5 In the event of non-payment, Hoeray is entitled to suspend access to the Service until all outstanding amounts have been settled. Hoeray will notify the Customer of this in advance by email.

Article 6 — Usage and account

6.1 A maximum of one account is created per organization. The Customer designates the Users who are granted access to the Platform on behalf of the organization.

6.2 The Customer is responsible for keeping login credentials and passwords confidential. All actions performed through the Customer's account are deemed to have been performed by the Customer.

6.3 It is not permitted to share login credentials with third parties outside the Customer's organization.

Article 7 — Intellectual property

7.1 All intellectual property rights to the Service, the Platform, the software, documentation, designs, and other materials belong exclusively to Hoeray or its licensors.

7.2 The Customer retains all rights to its own data, including the Employee Data entered into the Platform.

7.3 The Customer is not permitted to copy, modify, reverse-engineer, or reproduce the Service in any other way without prior written consent from Hoeray.

Article 8 — Availability and maintenance

8.1 Hoeray aims for a Platform availability of 99.5% on an annual basis, measured over calendar months, excluding scheduled maintenance.

8.2 Hoeray is entitled to temporarily take the Platform out of service for scheduled maintenance. Hoeray will carry out such maintenance outside of business hours as much as possible and will notify the Customer in a timely manner.

8.3 Hoeray is not liable for any damage resulting from force majeure, including disruptions in internet, telecommunications, or power supply, and disruptions at third-party service providers such as Print.one, Fleurop, or Nmbrs.

Article 9 — Liability

9.1 The total liability of Hoeray due to an attributable failure to perform the agreement is limited to the amount the Customer has paid in subscription fees in the three (3) months preceding the event causing the damage.

9.2 Hoeray is never liable for indirect damages, including consequential damages, lost profits, missed savings, damages due to business interruption, or loss of data.

9.3 Without prejudice to the provisions of article 4, Hoeray is not liable for damage resulting from defects in or late delivery of third-party products, including cards from Print.one and flowers from Fleurop.

9.4 The limitations in this article do not apply if the damage is the result of intent or deliberate recklessness on the part of Hoeray's management.

Article 10 — Confidentiality

10.1 Both parties undertake to keep confidential information of the other party secret. Confidential information includes in any case: business data, technical information, Employee Data, and commercial information.

10.2 The confidentiality obligation applies during the term of the agreement and remains in effect for two (2) years after its termination.

Article 11 — Term and termination

11.1 A monthly subscription can be cancelled at any time and ends at the end of the current month.

11.2 An annual subscription has a term of twelve (12) months and can be cancelled at the end of the contract period. Cancellation must be submitted no later than thirty (30) days before the end of the term.

11.3 If the annual subscription is not cancelled in time, it will automatically renew for the same period.

11.4 Hoeray is entitled to terminate the agreement with immediate effect if the Customer is declared bankrupt, applies for a suspension of payments, or is otherwise unable to meet its payment obligations.

Article 12 — Changes to terms

12.1 Hoeray reserves the right to amend these Terms & Conditions. Changes will be communicated to the Customer by email at least thirty (30) days in advance.

12.2 If the Customer does not agree with the amended terms, the Customer has the right to terminate the agreement as of the date the new terms take effect.

Article 13 — Applicable law and disputes

13.1 These Terms & Conditions and all agreements between Hoeray and the Customer are exclusively governed by Dutch law.

13.2 Disputes arising from or in connection with these terms or the agreement will be submitted to the competent court in Amsterdam.

Article 14 — Contact

For questions about these Terms & Conditions, you can contact Hoeray at:

Email: hello@hoeray.com