Last updated: June 29, 2024

Be sure to also read the HeadHigh Privacy Policy

Terms in Short

1. Age Requirement: You must be at least 13 years old to use HeadHigh. Users between 13-16 need parental consent.

2. Account Responsibility: You’re responsible for maintaining the security of your account and all activities under it.

3. Personal Information: Ensure all information you provide is accurate and up-to-date.

4. Acceptable Use: Use HeadHigh legally and ethically. Don’t engage in prohibited behaviors like illegal activities or unauthorized access.

5. Privacy: Your personal data is collected and used as described in the Privacy Policy .

6. Intellectual Property: HeadHigh‘s content is protected by copyright. You can’t use it for commercial purposes without permission.

7. Termination: HeadHigh can terminate or restrict your access at any time, for any reason.

8. Refunds: Available within 30 days if the software doesn’t work as advertised. Policies may vary for app store purchases.

9. Updates: You’re expected to install updates to maintain functionality and security.

10. Third-Party Links: HeadHigh isn’t responsible for external websites linked from the app.

11. Changes to Terms: HeadHigh may update these terms. It’s your responsibility to stay informed about changes.

12. Disputes: Any legal disputes will be resolved according to Dutch law, typically in Amsterdam courts.

The complete Terms of Use are provided below for your reference. If you have any questions or concerns about our terms and conditions, please don’t hesitate to contact us. No legal rights or obligations can be derived from the “Terms in Short” summary, which is provided for informational purposes only.

Introduction

These Terms of Use (“Terms”) govern your access to and use of the application known as HeadHigh, including any associated websites, content, functionality, and services (collectively referred to as “Service”). The Service is provided by OneZero Company (hereafter referred to as “Service Provider”). By accessing or using any part of the Service, you agree to be bound by these Terms and our accompanying Privacy Policy . If you do not agree with all the terms and conditions set forth in these documents, you should not access or use the Service.

Legal Entity

The Service is operated by OneZero Company, a Sole Proprietorship duly organized under the laws of The Netherlands, with its registered office located at Martelaarsgracht 7-2, 1012 TN Amsterdam, Netherlands. The Service Provider is responsible for the management and operation of the Service.

Acceptance of Terms

By registering for, accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that organization or entity, and agree to be bound by these Terms in your individual capacity and on behalf of that organization or entity.

User Eligibility

Age Requirements

Access to the Service is exclusively reserved for users who are at least 13 years old. By utilizing the Service, you affirm and warrant that you are 13 years of age or older. It is strictly prohibited for individuals under the age of 13 to use the Service or to provide any personal information to the Service Provider.

Users who are between the ages of 13 and 16, or the applicable age of digital consent in your jurisdiction if higher, are required to obtain parental or guardian consent to use the Service, as mandated by the General Data Protection Regulation (GDPR). The specific age of digital consent varies by country. You bear the responsibility to ensure compliance with local laws governing online behavior and acceptable content. Failure to secure such consent may result in restricted access to and use of the Service.

Legal Competency

By agreeing to these Terms of Use, you confirm that you possess the legal capacity to form a binding contract under the laws of your jurisdiction, or that you have secured parental or guardian consent if you are under the legal age. You must also possess the full ability and competency to comprehend and adhere to the duties and obligations outlined in these Terms.

Geographic Restrictions

The Service Provider operates under the laws of The Netherlands. While the Service is available globally, it is not tailored to ensure compliance with the legal requirements of every jurisdiction. You are solely responsible for verifying that your access to and use of the Service are lawful in your jurisdiction. Access to the Service from jurisdictions where its contents or practices are deemed illegal, unauthorized, or subject to penalties is expressly prohibited.

By using the Service, you represent and warrant that your use complies with all applicable laws, regulations, and ordinances. If you are accessing the Service from outside The Netherlands, you do so on your own initiative and are responsible for compliance with local laws. Non-compliance with these eligibility requirements mandates the immediate cessation of the Service use.

User Conduct

Acceptable and Prohibited Behaviors

The Service mandates that all users comply with applicable legal and ethical standards. Users are expected to engage with the Service in a responsible and lawful manner. Acceptable behaviors specifically include:

• Adhering to all relevant local, national, and international laws.
• Ensuring the integrity and security of information accessed through the Service.
• Respecting the intellectual property rights of the Service and third parties.

Prohibited behaviors encompass actions that:

• Utilize the Service for any illegal activities.
• Attempt unauthorized access to the Service’s systems or networks.
• Disrupt the normal operations of the Service through technological means such as viruses.

Restrictions on Illegal Activities

The use of the Service for illegal activities is strictly prohibited. This includes, but is not limited to:

• Engaging in fraud, deception, or theft.
• Violating privacy or data protection laws.
• Conducting activities that could result in criminal charges or civil liabilities.

The Service Provider will actively cooperate with law enforcement and other authorities in investigating and addressing illegal activities conducted through or in connection with the Service.

Compliance and Responsibility

Users are responsible for their conduct on the Service. Specific responsibilities may vary depending on whether the Service includes account functionality:

• Users must maintain the security and confidentiality of their account credentials.
• Users are responsible for all activities that occur under their account and must report any unauthorized access to their account or security breaches to the Service Provider immediately.

The Service Provider reserves the right to investigate any violations of these terms and may take appropriate actions, including restricting access, terminating service, and pursuing legal remedies.

Privacy

Privacy Policy

For a detailed explanation of how we collect, use, and protect your personal information, please refer to our full Privacy Policy . By using the Service, you acknowledge that you have read and understood the Privacy Policy and agree to its terms.

Data Collection and Use

We collect personal information when you register, log in, and use our services. This information may include but is not limited to your name, email address, phone number, and any other details necessary for providing you with our services. We use this information to:

• Provide and maintain our services.
• Improve and customize our services based on user preferences and behavior.
• Communicate important notices and promotional offers, subject to your communication preferences.
• Provide customer support and respond to inquiries.
• Prevent fraud and ensure the security of our services.
• Comply with legal obligations and enforce our terms of service.
• Aggregate and analyze data to improve our services and develop new features.

We may also collect non-personal information such as device information, and usage data to analyze trends and improve our services. This information is used to enhance user experience, optimize our services, and track user interactions. We may share this data with third-party service and analytics providers to help us analyze and improve our services.

Cookies and Tracking Technology

The Service utilizes cookies and similar tracking technologies to enhance user experience and gather usage data, which helps us improve our services. By using the Service, you consent to the use of these technologies for these purposes. Cookies are small data files stored on your device that recognize users and remember user preferences. You can manage your cookie settings in your browser to decline cookies if you prefer; however, please note that this may impact your experience of the Service. Tracking technologies also allow us to collect information such as visit frequency, page interactions, and other significant engagement metrics.

For more detailed information on how we manage cookies and other tracking technologies, please refer to the “Cookie & Tracking Policy” section in our Privacy Policy .

Data Localization Compliance

Overview

The Service adheres to data localization laws applicable in various jurisdictions to ensure compliance with the regulatory requirements concerning the storage and processing of data. Data localization laws mandate that certain types of data collected from users within a specific territory must be stored and processed within that territory.

Compliance Strategy

Identification of Relevant Laws: The Service systematically identifies and adheres to the data localization laws applicable in the jurisdictions of its users.

Data Storage and Processing Facilities: To comply with local laws, the Service utilizes data centers and storage facilities located within the jurisdictions requiring data localization, or it ensures compliance through legal agreements that meet or exceed these jurisdictions’ legal requirements.

Audit and Compliance Verification: Regular audits are conducted to verify compliance with data localization requirements. These audits are carried out by internal compliance teams and, when necessary, by external experts in data protection laws.

Adaptation to Changes in Law: The Service maintains operational flexibility to adapt to changes in data localization laws, including technological shifts for data storage and processing and updates to legal agreements and privacy policies.

User Notification and Transparency: Users are informed about the localization of their data through the Service’s Privacy Policy and are notified of any significant changes to data handling practices that may affect their rights or the usability of the Service.

User Responsibilities

Users of the Service are required to acknowledge and consent to the transfer and processing of their data in accordance with the data localization laws applicable in their respective jurisdictions. This consent is obtained explicitly through the user interface of the Service at the point of data collection or during the registration process.

The Service Provider is committed to upholding the highest standards of data residency compliance as required by local regulations in each jurisdiction in which it operates.

Additional Terms for Device Usage

Specific Conditions for Users Across All Devices

1. Device Compatibility: Users who access the Service through any device, including mobile phones, tablets, desktops, or other types of hardware, must ensure that their device is compatible with the Service and meets the specifications stipulated by the Service Provider.

2. Compliance with Platform Requirements: The Service may be accessed via various platforms, including but not limited to mobile app stores (like Apple’s App Store and Google Play), desktop application stores, and web browsers. Users are required to comply with the terms and conditions of the specific platform or store through which the Service is accessed. This includes adherence to any platform-specific rules set out in their service agreements.

3. Updates and Maintenance: The Service Provider may release updates, patches, or other modifications to the Service which are necessary for its continued functionality, security enhancements, and feature improvements. Users are expected to promptly install these updates to ensure ongoing compatibility and performance of the Service. Failure to install these updates may result in reduced functionality or discontinuation of service access.

4. Permissions for Device Data and Location Services: Use of the Service may require access to various types of data collected from the device, including but not limited to:

• Motion
• Diagnostics
• Usage Information

Users must grant explicit permission for the Service to access these types of data to facilitate specific functionalities within the Service. This access is governed by the Privacy Policy . Permissions can be managed or revoked by users at any time through their device settings, which may affect the functional capabilities of the Service.

5. Data Consumption: Users should be aware that accessing the Service might consume data from their data plan provided by their network carrier. The Service Provider is not responsible for any data charges incurred during the use of the Service, including but not limited to data consumption charges.

6. Integration with Third-Party Services: The Service may provide integrations with third-party services, which are governed by their respective terms and conditions. These third-party services are not under the control of the Service Provider, and no responsibility is taken for the functionality, content, or data handling practices of such services.

By using the Service, users explicitly agree to adhere to these conditions in conjunction with the general terms of use of the Service.

Electronic Communication Consent

User Consent to Receive Communications in Electronic Form

Consent to Electronic Communications: By using the Service, users agree to receive communications from the Service Provider electronically. These communications may include but are not limited to, emails, text messages, in-app notifications, and other forms of electronic messages regarding the Service, legal notices, and changes to user agreements.

Scope of Communications: Electronic communications may cover essential information regarding user accounts, security notices, updates to the Service, as well as promotional and marketing materials. Users will also receive electronic notifications concerning transactions and other significant developments related to their use of the Service.

Communication Preferences: Users have the ability to select their preferred channels and types of communication through their account settings, except for communications that are necessary for the operation of their account or the use of the Service, such as security alerts and legal notices. These required communications will continue to be sent to users regardless of their preference settings.

Withdrawal of Consent: At any time, users may withdraw their consent to receive non-essential communications electronically by adjusting their preferences in the account settings. Withdrawal of consent for essential communications can be managed by contacting customer support, although this may affect the use of the Service.

Updating Contact Information: Users must maintain accurate and up-to-date contact information within their account to ensure uninterrupted receipt of electronic communications. Any changes to contact details, such as email addresses or phone numbers, should be promptly updated in the user account settings.

Access Requirements: Receiving electronic communications requires compatible technology, including a device with internet access and software capable of receiving and displaying such messages. Detailed specifications of necessary technology are available on the Service’s support or FAQ pages.

Legal Recognition of Electronic Communications: Users acknowledge and agree that their consent to electronic communications meets all international, national, and local legal requirements that such communications be in writing. This consent applies notably to laws governing electronic signatures and transactions such as the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and similar global regulations.

By continuing to use the Service, users affirm their acceptance of these terms and confirm their ability to receive, access, and retain electronic communications as outlined by the Service Provider.

## Terms of Sale ### Conditions for Purchasing Goods or Services Users wishing to purchase software through the Service must comply with the following terms and conditions: 1. **Eligibility**: Users must be legally capable of forming binding contracts. For users under the age of 18, parental or guardian consent is required. 2. **Accuracy of Information**: It is crucial that all personal and payment information provided during the purchasing process be accurate, current, and complete. 3. **Compliance with Laws**: Users must adhere to all applicable laws and regulations related to the purchase of software. 4. **Payment Terms**: Various forms of payment are accepted. All transactions are secure and subject to verification and authorization by our payment processing partners. ### Refund and Return Policies Refunds for software purchased through third-party platforms like app stores are subject to those platforms' policies. For purchases made directly through the Service, the following refund policies apply: 1. **Refund Requests**: Users can request a refund within 30 days of purchase if the software fails to perform as advertised. For purchases made through third-party platforms, users must follow the platform's specific refund procedures. 2. **Refund Eligibility**: Refunds are granted at the discretion of the Service, based on the circumstances of the request. 3. **Refund Conditions**: Refunds are not guaranteed in cases where the software functions as intended, or if the user has violated the terms of service. 4. **Refund Amount**: Refunds are typically issued for the full purchase amount, but partial refunds may be granted in certain cases. 5. **Return Process**: As the software may include both paid and free components, a refund does not necessarily require uninstallation of the software. Users must cease using the paid features and can continue to use any free features available. 6. **Refund Issuance**: Refunds for direct purchases are processed to the original method of payment within a specified number of days following the refund approval.

Intellectual Property Rights

Ownership of the Content on the Service

The content provided on the Service, including but not limited to, texts, graphics, images, software, video, and audio files (collectively, “Content”), is owned by or licensed to the Service Provider. The Service and its original content, features, functionality, and design elements are and will remain the exclusive property of the Service Provider and its licensors. The intellectual property rights are protected under local and international copyright laws, trademarks, patents, trade secrets, and other proprietary rights.

User Rights Regarding Use of Intellectual Property

Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Content and the Service strictly in accordance with these Terms of Use. This license is solely for the purpose of enabling users to use and enjoy the benefit of the Service as provided by the Service Provider, in the manner permitted by these Terms. Users may not copy, modify, distribute, sell, or lease any part of our Content or included software, nor may they reverse engineer or attempt to extract the source code of that software, without express written permission from the Service Provider.

Prohibitions Against Unauthorized Use or Distribution of Content

Users are strictly prohibited from using the Content of the Service for any commercial purposes without obtaining a license to do so from the Service Provider. Unauthorized use, copying, reproduction, modification, public performance, broadcasting, renting, selling, uploading, downloading, or distributing any Content or otherwise infringing the intellectual property rights of the Service Provider or its licensors, is expressly prohibited and may result in severe civil and criminal penalties. Legal actions may be taken against users who infringe the intellectual property rights of the Service Provider, in accordance with applicable laws.

In summary, the Service maintains a strict policy to protect its intellectual property rights, ensuring that the creativity and innovation embodied in its offerings are not misused. Users must adhere to these guidelines as part of their agreement to use the Service, ensuring respect for the intellectual property established and owned by the Service Provider and its partners.

Links to Third-Party Websites

General Provisions

The Service may contain links to third-party websites that are not owned or controlled by the Service Provider. These links are provided solely as a convenience to you and do not constitute an endorsement by the Service Provider of the content on such external sites. The content and practices of these sites are beyond the Service Provider’s control, and by accessing these sites, you do so at your own risk.

User Responsibilities

When you engage with any third-party website accessed through the Service, you are responsible for being aware of, and complying with, all terms and conditions as well as the privacy policies of these external sites. It is your responsibility to take precautions to ensure that whatever links you select or software you download (whether from the Service or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature.

Disclaimer of Liability

The Service Provider disclaims any responsibility for any harm resulting from your use of third-party websites and webpages. Furthermore, the Service Provider shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your use of any third-party website, even if the Service Provider has been advised of the possibility of such damages. In the case where the law does not allow the exclusion or the limitation of liability for consequential or incidental damages, the Service Provider’s liability in such instances shall be limited to the greatest extent permitted by law.

Third-Party Content

The Service does not review or control the content of third-party websites and does not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Service, you may be exposed to content that may be offensive, indecent, or objectionable. The Service Provider assumes no responsibility for the content, privacy policies, or practices of any third-party websites.

No Implied Affiliation

The inclusion of any link does not imply affiliation, endorsement, or adoption by the Service Provider of the site or any information contained therein. When leaving the Service, you should be aware that the Service Provider’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Termination of Use

Rights of the Service Provider

The Service Provider retains the right to terminate or restrict your access to the Service at any time, without notice, for any reason whatsoever. This includes but is not limited to breaches or violations of the Terms of Use or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you, discontinuation or material modification of the Service, unexpected technical issues or problems, and extended periods of inactivity.

Termination Process

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. The Service Provider may, but has no obligation to, remove and discard any content within the Service, including any content stored, posted, or uploaded by you.

User Notification

The Service Provider is not required to provide a prior notice of termination but will endeavor to notify you by email or at the next time you attempt to access the Service, depending on the reason for termination.

Consequences of Termination

Upon the termination of your access, all provisions of the Terms of Use which by their nature should survive termination shall remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Appeal Process

Users may have the right to appeal a decision to terminate their access to the Service. If an appeal process is available, instructions for filing an appeal will be provided at the time of any termination notification.

By using the Service, you acknowledge that the Service Provider has the discretion to terminate or restrict your access under these conditions, and you agree that the Service Provider shall not be liable to you or any third-party for any termination of your access to the Service.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. The Service Provider explicitly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Service Provider makes no warranty that the Service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does The Service Provider make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. No advice or information, whether oral or written, obtained by you from The Service Provider or through the Service shall create any warranty not expressly made herein.

Limitations on the Platform’s Liability

The Service Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Service Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

To the fullest extent permitted by applicable law, The Service Provider’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed the amount of fees you have paid The Service Provider in the twelve (12) months prior to the action giving rise to the liability.

Risk Allocation Between the Parties

The risk allocation is designed to reflect that users utilize the Service at their own risk, and this risk is recognized and agreed upon by the user as part of the terms of use. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between The Service Provider and you. The Service Provider would not be able to provide the Service on an economic basis without such limitations. These limitations in liability will apply even if any limited remedy specified herein is found to have failed of its essential purpose.

Dispute Resolution

Governing Law

The Terms of Use of the Service are governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions. By using the Service, users agree that any dispute in some way related to the Service or the Service Provider will be subject to these laws.

Dispute Resolution Mechanism

In the interest of resolving disputes between you and the Service Provider in the most expedient and cost-effective manner, you and the Service Provider agree to first attempt to negotiate any dispute (except those disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.

The Service and the Service Provider are committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (1) an informal negotiation directly with the Service Provider’s customer service team, and (2) a binding arbitration administered by the Dutch Arbitration Association or the option to bring an individual claim in small claims court.

Jurisdiction and Venue for Legal Disputes

For users residing in the EU, any disputes that are not resolved by arbitration or in small claims court will be resolved in the courts of The Netherlands, specifically in Amsterdam. For users outside the EU, disputes will be handled by the applicable courts in the jurisdiction in which they reside that has competency under the applicable international treaties and agreements.

For any actions not subject to arbitration, or in circumstances where the arbitration agreement is deemed unenforceable or inapplicable, both you and the Service Provider agree to submit to the personal jurisdiction of the courts located within Amsterdam, The Netherlands.

This section does not prevent the Service Provider from seeking injunctive relief in any jurisdiction in the event of infringement or other misuse of intellectual property rights.

Changes to Terms

Procedures for Updating the Terms

The Service Provider reserves the right to amend, modify, update, or replace these Terms at any time and at the Service Provider’s sole discretion. Changes to the Terms may arise due to modifications in the legal landscape, enhancements in the Service functionalities, or shifts in business strategies.

Notification Methods for Changes

Users will be notified of any changes to the Terms through prominent means such as email notifications, alerts on the Service interface, or other direct communication methods deemed appropriate by the Service Provider. The intent is to ensure that all users are aware of these changes before they take effect.

User’s Responsibility to Stay Informed About Changes

It is the user’s responsibility to regularly review the Terms. Continued use of the Service after any such changes constitutes the user’s acceptance of the new Terms. If a user disagrees with the updated Terms, the user has the right to discontinue use of the Service. Users are encouraged to check the Terms periodically to stay informed of any updates.

Miscellaneous Provisions

Severability of Terms

If any provision of this agreement is found to be invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not render the entire agreement invalid. Instead, the invalid or unenforceable provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

No Waiver Provisions

The failure of the Service Provider to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these terms will only be effective if in writing and signed by the Service Provider.

Assignment and Transfer Rights

Users may not assign or transfer their rights or obligations under these terms without the prior written consent of the Service Provider. The Service Provider may assign or transfer any rights or obligations under these terms at its sole discretion, without restriction. Any attempted assignment or transfer in violation of this provision will be null and void.

Complete Agreement Clause

This agreement constitutes the entire agreement between the user and the Service Provider regarding the use of the Service. It supersedes all prior agreements, communications, and proposals, whether oral or written, between the user and the Service Provider.

Contact Information

How to Contact Us

We are dedicated to providing you with the support you need to enjoy a seamless experience with HeadHigh. For any questions or support needs regarding the Service or this policy, please contact us through the following methods:

• Email: Send your inquiries to headhigh@onezero.support . Please include your contact information and a detailed description of your question or issue to ensure an efficient and effective response.
• Support Chat:
  • Visit the HeadHigh Support Center
  • Navigate to the settings screen of the Service and select the “OneZero Support Center” option