Terms of service

OVERVIEW

This website is operated by Heedy, a brand operated by Fizzy Minds AB. Throughout the site, the terms “we”, “us” and “our” refer to Heedy and Fizzy Minds AB. Heedy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any Services.

Any new features or tools added to the current Services shall also be subject to these Terms. You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, subject to applicable law. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes to the extent permitted by applicable law.

Our store is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

PAYMENT METHODS AND KLARNA

We offer payment through Klarna. If you choose Klarna as your payment method, payment is handled by Klarna Bank AB (publ) or the Klarna entity providing the service in your country.

Klarna's applicable terms and privacy policy also apply when you choose Klarna as your payment method.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws applicable to you, including but not limited to copyright laws.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time, subject to applicable consumer and anti-discrimination laws.

You understand that your content (excluding payment card information) may be transferred over various networks and may be changed to conform and adapt to technical requirements of connecting networks or devices. Payment card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure that information made available on this site is accurate, complete and current. However, material on this site may be provided for general information purposes and should not be relied upon as the sole basis for making decisions where more accurate, complete or timely sources of information are reasonably required.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the contents of this site at any time, subject to applicable law.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change from time to time.

We reserve the right to modify or discontinue the Service, or any part of it, subject to our existing contractual obligations and applicable consumer law.

Nothing in this section affects rights that you have under mandatory consumer protection law.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be returned in accordance with our Refund and Return Policy.

We have made reasonable efforts to display the colours and images of our products as accurately as possible. We cannot guarantee that your device's display of any colour will be completely accurate.

We reserve the right, where permitted by law, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of products or services we offer. Product descriptions and prices may be changed from time to time, subject to applicable law. We also reserve the right to discontinue products.

Nothing in these Terms excludes or limits any statutory warranty, conformity right, guarantee or other mandatory consumer right that applies to your purchase.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel orders where reasonably necessary, including in cases of suspected fraud, incorrect pricing or product information, stock limitations, or orders that appear to have been placed by unauthorised resellers or distributors.

If we change or cancel an order, we may attempt to notify you using the email address, billing address and/or telephone number provided when the order was placed.

You agree to provide current, complete and accurate purchase and account information for purchases made through our store. You agree to promptly update your account and other information where necessary so that we can complete your transactions and contact you as needed.

For more information, please see our Refund and Return Policy.

REFUNDS AND KLARNA PAYMENTS

Refunds are normally made using the same payment method used for the original purchase, subject to applicable law. If you paid using Klarna, the refund will be registered with Klarna and processed according to Klarna's procedures.

Where available, we recommend registering your return with Klarna so that an outstanding invoice may be paused while your return is being processed.

We cannot directly pause, modify or remove a Klarna invoice where this functionality is controlled by Klarna.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor or control.

Third-party tools may be provided subject to the terms and conditions of the relevant third-party provider. Your use of such tools is at your discretion, and you should ensure that you understand and agree to the terms under which they are provided.

We may also offer new services and/or features through the website in the future. Such new features and/or services shall also be subject to these Terms where applicable.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for the content, accuracy or practices of independent third-party websites, except where responsibility cannot legally be excluded.

Please review third parties' policies and practices carefully before entering into transactions with them. Questions or complaints relating specifically to a third party's products or services should generally be directed to that third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit ideas, suggestions, proposals, plans or other materials to us (“Comments”), you grant us permission to use, edit, copy, publish, distribute, translate and otherwise use those Comments as reasonably necessary in connection with our business and Services, subject to applicable law and intellectual property rights.

We may, but have no obligation to, monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, infringes intellectual property rights, or otherwise violates these Terms.

You agree that your Comments will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or intellectual property rights. You must not submit unlawful, abusive or obscene material, malware or other harmful code.

You are responsible for the Comments you submit and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission and our processing of personal information through the store are governed by our Privacy Policy and applicable data protection law.

When you choose Klarna as a payment method, information necessary to provide the payment service may be shared with Klarna, such as your name, address, contact details and order information. Klarna may use this information for purposes including processing the payment, assessing eligibility for its payment products, preventing fraud and administering the payment service. For more information, please see our Privacy Policy and Klarna's applicable privacy notice.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information where appropriate. Where an error affects an order that has already been placed, we will handle the matter in accordance with applicable contract and consumer law.

Nothing in this section limits rights available to consumers under mandatory law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set out in these Terms, you may not use the site or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in unlawful acts;
• to violate applicable laws or regulations;
• to infringe our intellectual property rights or those of others;
• to harass, abuse, insult, harm, defame, intimidate or unlawfully discriminate against another person;
• to submit false or misleading information;
• to upload or transmit viruses or other malicious code;
• to unlawfully collect or track personal information;
• to spam, phish, scrape or otherwise misuse the Service;
• for any obscene or unlawful purpose; or
• to interfere with or circumvent security features of the Service or related websites.

We reserve the right to terminate or restrict your use of the Service for violations of these Terms, subject to applicable law.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will always be uninterrupted, timely, secure or error-free.

To the maximum extent permitted by applicable law, the Service is provided on an “as available” basis.

Nothing in these Terms excludes, restricts or limits liability or consumer rights where doing so would be prohibited by applicable law, including mandatory rights relating to defective or non-conforming goods.

To the maximum extent permitted by law, Fizzy Minds AB, Heedy and their directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for indirect or consequential losses arising from the use of the Service where such liability may lawfully be excluded.

Where applicable law does not permit an exclusion or limitation of liability, our liability will be limited only to the extent permitted by that law.

SECTION 14 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold Fizzy Minds AB, Heedy and their affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees harmless from third-party claims arising directly from your unlawful use of the Service, your material breach of these Terms, or your infringement of a third party's rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and the determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive termination where appropriate.

These Terms remain effective unless and until terminated by either you or us. You may stop using our Services at any time.

If you materially violate these Terms, we may suspend or terminate your access to the Service where permitted by applicable law. Any amounts validly due before termination remain payable.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this website in relation to the Service constitute the agreement between you and us concerning your use of the Service, subject to any mandatory rights or contractual terms that cannot legally be excluded.

Nothing in these Terms affects mandatory consumer rights available to you under applicable law.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with Swedish law.

If you are a consumer residing in another country, this choice of law does not deprive you of any mandatory consumer protections that apply to you under the laws of your country of residence.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right to update or change these Terms by publishing an updated version on our website. Changes will apply in accordance with applicable law and will not retroactively remove rights that have already arisen under an existing purchase contract.

SECTION 20 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to contact@heedy.app.

Heedy is operated by:
Fizzy Minds AB
Kristiansandsvägen 13
S-461 73 Trollhättan
Sweden
Email: contact@heedy.app

When you place an order through Heedy, you enter into a purchase agreement with Fizzy Minds AB.