Eesti keeles

Terms of use

Terms for using the HERNES app and website.

Last updated: (draft). Effective from: the date is added on publication.

1. Parties and service

The service is provided by OÜ Kullaveeline (registry code 16266154, email info@hernes.app), “we”. The service is the HERNES mobile app (iOS and Android), its web version and the website hernes.app. The user is anyone who creates a HERNES account or uses the service, “you”.

2. Accepting these terms

By creating an account or using the service, you accept these terms and confirm that you have read the privacy policy. If you do not accept the terms, do not use the service.

If you download the app from the App Store, Apple's Standard End User License Agreement also applies to the app licence. These terms apply to your HERNES account and use of the service.

3. The service is in development

HERNES is in active development. Features may change, be added or be removed, and the service may have bugs and interruptions. We make reasonable efforts to keep the service running and your data protected, but we do not promise uninterrupted operation.

4. Your account

  • You need a valid email address and a password to create an account. Enter correct details.
  • Keep your password secret. You are responsible for actions taken with your account unless they are caused by our error.
  • If you suspect someone is using your account, email support@hernes.app right away.
  • You must be at least 13 years old to create an account. Younger children may use the app only through a parent's or guardian's account and under their supervision.

5. Acceptable use

Use the service honestly and lawfully. You must not use the service to:

  • access other users' data or accounts without permission;
  • upload illegal or offensive content, or content that infringes other people's rights;
  • overload, hack or otherwise disrupt the service (including automated requests and sign-ups);
  • copy or reuse the service's databases (e.g. the seed catalogue) without our permission.

6. Your content

The data, notes and photos you add belong to you. You give us a free, non-exclusive licence to store, process and display them only as far as needed to provide the service to you and to the people you share a garden with. The licence ends when the content or account is deleted, except for entries and photos that stay in other people's gardens (see deleting your account).

Shared gardens. The owner of a garden decides whom to invite with the invite link and is responsible for whom they share the link with. Content editors add stays in the garden when they leave. The owner may remove members. If the owner's plan no longer includes sharing, the garden is view-only for editors; nothing is deleted.

Public gardens. A garden is private by default. If you make a garden public yourself, you allow us to show its public parts (name, description, areas, plants and animals, photos marked as public, your username, the place name and optionally a contact) to other HERNES users. The exact list is in the privacy policy. You can withdraw this permission at any time by making the garden private again. Public gardens may be available only on some plans.

Only add content you have the right to use. Do not add photos of other people without their permission. In a public garden, you are responsible for making sure the content is suitable to be shown to everyone.

7. Weather data, seed catalogue and suggestions

The weather forecast is based on third-party data (currently MET Norway (Norwegian Meteorological Institute)). HERNES calculates the frost, wind, rain, heat and dry-spell alerts from that forecast; they are not official weather warnings. Gardens in Estonia also see the Estonian Environment Agency's official warnings. Weather data and alerts may be inaccurate, delayed or unavailable. Seed catalogue details and automatic care tasks are general suggestions. Use them as an aid and make your own decisions about protecting and caring for your garden.

8. Fees

  • Plans. The Explorer plan is free. Gardener and Farmer are paid subscriptions; their prices and limits are listed in the pricing section of the home page. The price that applies is the one the App Store or Google Play shows when you buy.
  • Payment. You buy and pay for a subscription through the App Store or Google Play, and the store's terms also apply to the purchase. We never see your payment details.
  • Renewal and cancellation. A subscription (monthly or yearly) renews automatically until you cancel it. Cancel at least 24 hours before the end of the period in the store's subscription settings; the subscription stays active until the end of the paid period. Deleting your account does not cancel it.
  • Trial. You can try the paid plans free for 30 days, once in total: Gardener or Farmer. During the trial you can move from Gardener to Farmer; the trial keeps its end date. The trial needs no payment card and does not turn into a paid subscription by itself; when it ends, your account goes back to the Explorer plan unless you subscribe yourself.
  • End of a subscription. When a subscription or trial ends, the account goes back to the Explorer plan. Your data stays; items above the plan's limits stay visible and can be deleted, but you can't edit them or add more.
  • Price changes. The store tells you about a price change before the new price applies, under the store's rules.
  • Refunds and right of withdrawal. Your subscription is sold to you by the App Store or Google Play, so refunds and your legal right of withdrawal are handled by the store under its own terms: in the App Store at reportaproblem.apple.com, in Google Play on your Google Play subscriptions page. These terms do not limit your consumer rights.

9. Changing and ending the service

  • You can delete your account at any time. See how to delete your account.
  • We may suspend or close an account if you seriously breach these terms. Where possible, we will tell you in advance and explain why.
  • If we stop providing the service, we will announce it in the app and by email at least 90 days in advance. During that time you can download your data from the app.

10. Liability

We are liable for the service to the extent required by law. We are not liable for damage caused by inaccurate weather data, seed catalogue details or suggestions, by outages of third-party services, or by circumstances beyond our control. Liability is not limited for damage caused intentionally or through gross negligence, for damage to life or health, or to the extent that would limit a consumer's statutory rights.

11. Intellectual property

The app, its code, design, the name HERNES and the logo, and the compilation of the seed catalogue belong to us or our partners. You may use them only for normal use of the service.

12. Changes to these terms

We may change these terms, for example because of new features or changes in the law. We will announce significant changes in the app or on this page before they take effect. If you keep using the service after the changes take effect, you are considered to accept the new terms.

13. Governing law and disputes

These terms are governed by Estonian law. If you live in another European Union country, the mandatory consumer protection rules of your country also apply to you, and you can also go to a court in your country. We try to resolve disputes by negotiation; email support@hernes.app. As a consumer, you can also turn to the Consumer Disputes Committee at the Estonian Consumer Protection and Technical Regulatory Authority, or to a court. These terms do not limit a consumer's statutory rights.

14. Contact

OÜ Kullaveeline, registry code 16266154. Email: info@hernes.app, support: support@hernes.app.