Version 4 September 2026
These Terms & Conditions are used by:
Hoeray (trade name of The Circle of 10 B.V.)
Danzigerbocht 45S, 1013 AM Amsterdam
Chamber of Commerce (KvK): 92475809
VAT ID: NL866064485B01
Email: hello@hoeray.com
IBAN: NL03INGB0108300951
Where these terms refer to “Hoeray”, this means The Circle of 10 B.V., acting under the trade name Hoeray.
In these Terms & Conditions, the following definitions apply:
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.
2.4 The Data Processing Agreement at hoeray.com/dpa forms an integral part of the agreement between Hoeray and the Customer. By entering into the agreement, the Customer also accepts the Data Processing Agreement.
2.5 In the event of a conflict between these Terms & Conditions and the Data Processing Agreement, the Data Processing Agreement prevails insofar as the processing of personal data is concerned. This order of precedence also applies to liability in connection with that processing (Article 12.5).
3.1 Hoeray provides a SaaS platform through which companies, after approval by the Customer as described in Article 4, have Gestures sent to employees on special occasions, such as birthdays, work anniversaries, the start of employment, and the end of employment.
3.2 The Service includes, among other things: the sending of cards, the ordering and delivery of flowers, integrations with HR systems (including Nmbrs, Exact, Loket.nl and — once available — AFAS and Visma Raet) for synchronizing Employee Data, and an online dashboard for management and insights. The current range of integrations and gesture types is listed on the Platform; this list is not exhaustive.
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.
3.4 Gestures are delivered exclusively to delivery addresses in the Netherlands. Gestures for employees with a delivery address outside the Netherlands are not sent; no costs are charged for these, and any Credit already debited will be refunded in accordance with Article 4.6. The dashboard shows which employees are not reached for this reason.
4.1 No later than fourteen (14) days before the start of each calendar month, Hoeray makes an Approval List available on the Platform containing all proposed Gestures for that month. Hoeray notifies the Customer of this by email.
4.2 The Customer approves the Approval List, in whole or in part, no later than seven (7) days before the start of the relevant calendar month (the “approval deadline”). The Customer may exclude individual Gestures from approval.
4.3 Only approved Gestures are sent. Without (timely) approval, no dispatch takes place and no costs are charged. Gestures that are not approved, or approved too late, lapse; retroactive dispatch is not possible once the intended dispatch date has passed.
4.4 The Customer is itself responsible for reviewing the Approval List in a timely manner. The absence of a Gesture because the Customer missed the approval deadline does not constitute a failure on the part of Hoeray.
4.5 Upon approval, the costs of the approved Gestures (including VAT) are debited from the Customer's Credit, or charged in another agreed manner.
4.6 If an approved Gesture is not sent — for example because the employee has since left the company, the delivery address is outside the Netherlands, the dispatch date has passed, or there is a demonstrable error in production — Hoeray refunds the costs debited for that Gesture to the Customer's Credit.
5.1 Hoeray supplies the Gestures as part of the Service. For the production and delivery of Gestures, Hoeray engages third parties, including Print.one B.V. (production and dispatch of cards) and Fleurop Interflora Nederland B.V. (composition and delivery of flowers).
5.2 Hoeray ensures the careful selection and management of these third parties, but has no direct influence on the actual execution, such as print quality, paper quality, color reproduction, freshness and composition of flowers, and the exact time of delivery.
5.3 For defects in, or late delivery of, Gestures that are demonstrably attributable to the engaged third party, Hoeray's liability is limited to, at Hoeray's option: (a) free replacement of the Gesture concerned, or (b) a refund of the costs paid for that Gesture to the Credit. Any further liability for these defects is excluded, subject to the provisions of Article 12.4.
5.4 The Customer reports complaints about Gestures to Hoeray as soon as possible, but no later than fourteen (14) days after the delivery date, via hello@hoeray.com. Hoeray will handle the complaint, involve the relevant supplier where necessary, and report the outcome back to the Customer.
6.1 New Customers can start the Service with a one-time free trial period. During the trial period, no subscription fees are due; the costs of approved Gestures are, however, charged as usual in accordance with Article 4.5.
6.2 The trial period covers the first monthly approval round. After the trial period ends, the Service is only continued if the Customer takes out a paid Subscription; without a paid Subscription, no further Gestures are scheduled or sent.
6.3 The trial period is granted once per Chamber of Commerce (KvK) number. This also applies when the Customer closes its account and later re-registers under the same KvK number: in that case, there is no entitlement to a new trial period. For this purpose, Hoeray records that a trial period has already been used for a KvK number.
7.1 The Service is offered as a single subscription with graduated pricing: a per-active-employee amount that depends on the bracket the count falls into, with a fixed monthly minimum. With monthly billing, the number of active employees according to the HR connection on the first day of the month applies; with yearly billing, the number is set at the start and at each renewal, and interim growth within the growth allowance of Article 7.9 does not lead to additional charges until the next renewal. For larger organizations, a custom subscription (Enterprise) is optionally available. The current rate for your organization can be calculated with the calculator at hoeray.com/pricing; the included number of Users is shown with the Subscription in the Platform.
7.2 Subscriptions can be taken out on a monthly or annual basis. For an annual subscription, the full year is charged in advance.
7.3 Payment is made in advance via the payment methods offered by Hoeray, which are processed by Stripe. The current range of payment methods is shown during the payment process.
7.4 If payment is not made via automatic direct debit, a payment term of fourteen (14) days after the invoice date applies.
7.5 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.
7.6 Each Subscription includes a number of Users included in the subscription plan. If the Customer adds more Users than the included number, a monthly fee of € 5.00 per User per month (excluding VAT) is due per additional User, subject to rate changes in accordance with Article 7.7. This fee is automatically added to the Subscription and charged pro rata for the current billing period. Removing an additional User ends the fee for that User as of the next billing period.
7.7 Hoeray is entitled to change its rates (including subscription rates, rates for Gestures, and the rate for additional Users). For current Subscriptions, the following applies: a rate change will be announced to the Customer by email at least thirty (30) days before it takes effect and will not take effect for the Customer before the start of the next billing period. If the change concerns an increase, the Customer has the right to terminate the agreement as of the date on which the increase takes effect; in that case, the notice period of Article 14.2 does not apply.
7.8 Price guarantee for annual subscriptions: notwithstanding Article 7.7, the subscription rate of an annually paid Subscription remains unchanged as long as the Customer continues the Subscription on an uninterrupted annual basis. This guarantee applies exclusively to the subscription rate excluding VAT; it does not apply to the rates for Gestures (which follow the current card and flower prices in accordance with Article 5) or to the rate for additional Users. The guarantee lapses when the Subscription is terminated, converted to monthly payment, or otherwise interrupted; upon resumption, the then-current rate applies.
7.9 Growth allowance for annual subscriptions: the subscription rate of an annually paid Subscription is set based on the number of active employees at the start of the subscription period. If the actual number of active employees according to the first synchronization with the HR system deviates by more than fifteen percent (15%) from the number provided or measured when subscribing, Hoeray may correct the rate to that actual number within thirty-five (35) days of commencement. During the current subscription period, growth of the number of active employees of up to and including fifteen percent (15%) above the established number is covered by the applicable subscription rate. If the number of active employees rises further, Hoeray is entitled to recalibrate the subscription rate mid-term based on the current number and the applicable graduated pricing; Hoeray will announce a recalibration by email at least fourteen (14) days in advance, and a recalibration does not apply retroactively. A decrease in the number of active employees does not lead to an interim reduction; at each renewal, the number is re-established in accordance with Article 7.1. A recalibration is an adjustment to the number of employees within the applicable graduated pricing and does not affect the price guarantee of Article 7.8, which concerns the graduated rates themselves.
8.1 The Customer can top up Credit via the Platform. Credit is used to pay for Gestures. Credit is not redeemable for money, non-refundable, and non-transferable to third parties.
8.2 The current balance and all debits and credits are visible to the Customer on the Platform at all times.
8.3 Refunds for Gestures that were not sent (Article 4.6) are credited to the Credit.
8.4 Upon termination of the agreement or closure of the account, unused Credit is forfeited to Hoeray, without any right to a refund. Before the Customer closes the account, the Platform displays the remaining balance and informs the Customer that this balance will be forfeited; the Customer can use up the balance before closure by scheduling and approving Gestures.
8.5 Credit has no fixed validity period: it remains valid for as long as the agreement is in effect and is forfeited exclusively pursuant to Article 8.4. The following transitional provision applies to the forfeiture provision of Article 8.4: the forfeiture applies to Credit deposited after the effective date of these terms. For Credit deposited before that effective date, the forfeiture will only be applied after the end of the announcement period of Article 15.1, during which the Customer can use up this Credit.
9.1 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.
9.2 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.
9.3 It is not permitted to share login credentials with third parties outside the Customer's organization.
9.4 The Customer warrants that the Employee Data entered by or on its behalf is accurate and up to date and that it is authorized to provide this data to Hoeray for the performance of the Service. The Customer informs its employees about the use of Hoeray in accordance with its own obligations under the GDPR. Hoeray provides a ready-to-use template text for this purpose in Dutch and English: see the annex “Model text for informing employees” at hoeray.com/dpa#modeltekst.
10.1 All intellectual property rights to the Service, the Platform, the software, documentation, designs, and other materials belong exclusively to Hoeray or its licensors.
10.2 The Customer retains all rights to its own data, including the Employee Data entered into the Platform.
10.3 The Customer is not permitted to copy, modify, reverse-engineer, or reproduce the Service in any other way without prior written consent from Hoeray.
11.1 Hoeray aims for a Platform availability of 99.5% on an annual basis, measured over calendar months, excluding scheduled maintenance.
11.2 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.
11.3 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 production and delivery partners and providers of connected HR systems.
12.1 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.
12.2 Hoeray is never liable for indirect damage, including consequential damage, lost profits, missed savings, and damage due to business interruption.
12.3 For defects in Gestures attributable to engaged third parties, the specific arrangement of Article 5.3 applies.
12.4 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.
12.5 For liability in connection with the processing of personal data, the order of precedence of Article 2.5 applies in conjunction with the Data Processing Agreement.
13.1 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.
13.2 The confidentiality obligation applies during the term of the agreement and remains in effect for two (2) years after its termination.
14.1 The agreement is entered into for an indefinite period and can be cancelled by the Customer at any time via the dashboard on the Platform.
14.2 A notice period of one (1) month applies to monthly subscriptions. Upon cancellation, the Subscription remains active until the end of the next full billing period after the current period. The Customer owes the subscription fees for this entire period.
14.3 For annual subscriptions, the Subscription continues until the end of the current annual period upon cancellation. No refund will be issued for subscription fees already paid.
14.4 If the Subscription is not cancelled in time, it will automatically renew for the same period.
14.5 The Customer may revoke a cancellation as long as the Subscription is still active. After revocation, the Subscription continues unchanged.
14.6 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.
14.7 Upon termination of the agreement or closure of the account, unused Credit is forfeited in accordance with Article 8.4. The Data Processing Agreement governs the return and deletion of personal data after termination.
15.1 Hoeray reserves the right to amend these Terms & Conditions and the Data Processing Agreement. Changes will be communicated to the Customer by email at least thirty (30) days in advance.
15.2 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.
15.3 Hoeray keeps a dated copy of every version of these terms and of the Data Processing Agreement. The Customer can request earlier versions via hello@hoeray.com.
16.1 These Terms & Conditions and all agreements between Hoeray and the Customer are exclusively governed by Dutch law.
16.2 Disputes arising from or in connection with these terms or the agreement will be submitted to the competent court in Amsterdam.
For questions about these Terms & Conditions, you can contact:
Hoeray (trade name of The Circle of 10 B.V.)
Danzigerbocht 45S, 1013 AM Amsterdam
Chamber of Commerce (KvK): 92475809
VAT ID: NL866064485B01
IBAN: NL03INGB0108300951
Email: hello@hoeray.com