Terms of use

1. Who offers Heldena

Heldena is an app with a service that it syncs through. It is offered by Heldena LLC, a limited liability company under the law of the US state of Wyoming (USA). Its address is: Heldena LLC, 1501 South Greeley Highway, Suite C, Cheyenne, WY 82007, Wyoming, United States of America. You can reach it by email at contact@heldena.com; further details are in the Legal notice (German).

These terms apply to your use of the app and the service and to a subscription. Your contracting party for them is Heldena LLC. Trusted people and heirs who have accepted an invitation without using Heldena themselves for a vault of their own are not contracting parties under these terms; the privacy statement applies to their data. If they use Heldena themselves as an owner, these terms apply to their account. In these terms, “Heldena” stands for the app, the service and Heldena LLC; where rights, duties or actions are concerned, Heldena LLC is meant.

How Heldena handles your data is described in the privacy statement. For the referral program, the participation terms (in German) of the program apply in addition.

The contract is offered in German and in English. You can read these terms on this page; the line at the top states the date of this version.

2. What Heldena provides

With the app you set up a vault and enter your assets and logins in it. The app encrypts the content on your device before it leaves the device; where individual functions send details in clear text, section 6 and the privacy statement say so. The service receives the encrypted version and syncs it between your devices.

You name trusted people and heirs; together they form your circle. In an inheritance event, the trusted people check together whether the person asking for access is the one you named, and release the access (section 7).

The app runs in a current browser on a computer, tablet and phone and can be installed on the device. It keeps the encrypted vault in the storage of the browser. Heldena provides updates for as long as it operates the service (section 9).

You can use Heldena from the moment you create your account. Every new account starts with a free trial of at least 14 days. During the trial you can also use the functions that are paused without a subscription (see below).

Without a subscription, your vault, your heirs and passing it on to them keep running. Paused are: the automatic balances of your connections; the market overview; the classification of your spread; new invitations to trusted people; growing your circle; the reminder to your trusted people to renew their copy. This also applies if you never take out a subscription or if you cancel it; using the app without a subscription is part of the contract. All of this applies for as long as Heldena operates the service (section 9).

Asking Heldena and the classification of your spread are limited: together, at most 50 per day and 100 per calendar month are possible (with a subscription and during the trial), counted by universal time (UTC). Without a subscription, that is, after the trial or the subscription has ended, Heldena answers up to 5 questions per day and 20 per calendar month, also counted by universal time. For the daily limit, questions and classifications from the same day count, for the monthly limit those from the same calendar month, and this includes those asked with a subscription or during the trial. Once a limit is reached, you can continue on the next day or in the next calendar month; if both are reached, you can continue in the next calendar month.

3. Paying through Stripe or PayPal

You take out the subscription on the payment page of Stripe or on the page of PayPal; when both are possible, you choose in the app. If a subscription is already running with one of the two payment services, you can take out a new one with the other once you have canceled the running one; the time you have already paid for and your remaining trial stay yours. Stripe and PayPal are the payment services; you buy from Heldena LLC. In the app you can view and print a statement per period; in the app it is called “Invoice”.

This is how the subscription comes about: in the app you choose the cycle and open the page “Before you pay”, which states what you should know first. From there you get to the payment page of Stripe or to the page of PayPal. There you see what is due and enter your details in input fields that you can usually change until the order button of the payment page. With the order button you place your order; with PayPal it is the button with which you confirm the subscription and commit to paying the price. The contract for the subscription comes about as soon as Heldena LLC accepts your order: when Stripe or PayPal has completed your order and the subscription appears in your account. After the contract is concluded, Heldena does not store this contract text for you: save or print this page if you want to keep it. If Stripe or PayPal has charged something when you subscribe and Heldena cannot enter the subscription in your account (for example because another subscription is already entered in your account), this subscription does not come about, and Heldena refunds you everything that was charged for it. The line at the top states the date.

Your contracting party for the use of Heldena and for the subscription is Heldena LLC. You direct questions about the app, its statement and the payment, a withdrawal and a refund to Heldena; the legal notice shows the way (Legal notice (German)).

4. Price, term and cancellation

The subscription is available monthly for €19/month or yearly for €190/year. For the yearly subscription that comes to €15.83 per month.

Monthly subscription: The subscription runs for one month and then renews automatically, one month at a time, until you cancel. Each renewal costs €19/month.

Yearly subscription: The subscription first runs for one year, for which you pay €190/year. If you cancel during this first year, the subscription ends when the year you have paid for is over. Otherwise it then continues automatically for an indefinite period, month by month, until you cancel; it does not renew for another year. During this time you pay €15.83 each month, one twelfth of the yearly price, and can cancel at any time effective at the end of the month you have paid for.

Heldena adds nothing on top of the price.

Your remaining trial stays yours: the first paid period begins when it ends. With PayPal, the charge is scheduled for the day (by universal time, UTC) on which this period begins; PayPal decides the time, and it can be several hours before the trial ends. This applies to up to 729 days of trial. The first paid period begins when your trial ends; if you have only little trial left, it can begin up to about two days later. If you have no trial left, it begins when the contract is concluded. In the dialog “Subscribe” of the app you see, if you still have trial time left, around which day the first charge is made. The payment page of Stripe usually shows what is due when you subscribe and, if you still have trial time left, when and how much will be charged; the page of PayPal usually shows the amount. Heldena cannot enter a trial of more than 729 days with Stripe; if you have more and pay through Stripe, you pay after 729 days.

You can cancel in Heldena: in “Settings” under “Manage the plan”, with the button “Cancel the subscription”. Your subscription then runs until the end of the current period and does not renew after that. You can also cancel without signing in on our website under “Cancel contracts here”. For this you give the email address of your Heldena account; for a subscription through Stripe, the address you entered at Stripe also works. The address of your PayPal account does not. You can also send your cancellation by email to contact@heldena.com.

You can change the cycle of a subscription through Stripe in the settings as long as no cancellation is noted. Outside the trial the change takes effect in both directions at the end of your current paid period; until then nothing extra is charged to you, and you can undo a scheduled change in the settings. From monthly to yearly the yearly price is charged at the end of your current paid month (the settings show the date; it is the first day of the year), and a new withdrawal period for the year runs from that day (section 5); if the payment succeeds later, the period ends at the earliest fourteen days after the payment; from yearly to monthly the change takes effect when the current year of your yearly subscription is over, and after that you pay the price of the monthly subscription (€19/month) instead of the €15.83 per month that your yearly subscription costs without the change. If you cancel before the change takes effect, the scheduled change lapses. During the trial a change takes effect immediately: nothing is charged, and the price of the chosen cycle is charged at the end of the trial. For this we do not grant a new withdrawal period; the period from the conclusion of your subscription contract stays as it is (section 5). If the trial you have left at the conclusion of the contract runs beyond the end of that period, the period is over when the first charge is made; you can then no longer withdraw within that period. Your statutory rights remain unaffected. This is not possible for a subscription through PayPal: you cancel it in the settings (a cancellation at PayPal cannot be taken back) and subscribe again with the other cycle; the time you have already paid for and your remaining trial stay yours, and the new cycle applies after that. The new subscription is a new contract; the withdrawal period (section 5) begins for it when it is concluded.

5. Your right of withdrawal

If you enter into the contract with Heldena as a consumer within the meaning of section 13 of the German Civil Code, that is as a natural person for purposes that cannot be attributed predominantly to your commercial or self-employed professional activity, you have a right of withdrawal, for the subscription as well as for the use without a subscription. The instructions and the model withdrawal form are below; what applies to the two contracts follows underneath.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Heldena LLC, 1501 South Greeley Highway, Suite C, Cheyenne, WY 82007, Wyoming, United States of America, email: contact@heldena.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, no fees will be charged to you as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

(If you wish to withdraw from the contract, please fill in this form and send it back.)

To Heldena LLC, 1501 South Greeley Highway, Suite C, Cheyenne, WY 82007, Wyoming, United States of America, email: contact@heldena.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*): Heldena subscription / use of Heldena without a subscription (delete as appropriate)

Ordered on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

On the two contracts (not part of the instructions)

The period begins only once the respective contract is concluded and Heldena has informed you of your right of withdrawal (section 356(3) of the German Civil Code). The contract is concluded for the use without a subscription when you create your account and for the subscription the moment Heldena LLC accepts your order (section 3). If you withdraw from the subscription alone, you keep the use without a subscription. If you do not say which of the two contracts you withdraw from, the withdrawal applies to the subscription and your account remains; if you have no subscription, it applies to the use without a subscription. If you withdraw from the use without a subscription, the contract ends as a whole: Heldena then also ends a subscription you have and refunds as the instructions above describe under “Effects of withdrawal”. You delete your account as section 9 describes; until then it continues. The period runs from the conclusion of the contract, and does not wait for the first charge; with a trial, or with paid time you bring along, it may be over by the time the first charge is made.

Change to the yearly subscription (not part of the instructions)

If you change from monthly to yearly with a subscription through Stripe outside the trial, we grant you a new withdrawal period of fourteen days for that year; it begins on the day on which the yearly price is billed (section 4), even if your subscription has been running for longer; if the payment succeeds later, the period ends at the earliest fourteen days after the payment. This is an additional right under this contract and not part of the instructions above; your statutory rights remain unaffected. If you withdraw within that period, Heldena ends the subscription and refunds you the payment for the year in full; what you paid for the months before the change, Heldena does not refund under this right. To meet the period for the year, it is sufficient to send the withdrawal before it has expired. A withdrawal that reaches us before the day (by universal time, UTC) on which the yearly price is billed does not count as a withdrawal for the year; the year is then billed as scheduled. If you do not want the year, you have two ways until that day: undo the scheduled change in the settings, or cancel (section 4); the cancellation then takes effect at the end of the current paid period. From that day on, you withdraw within the period for the year. For a change during the trial, for a change from yearly to monthly and for the continuation of a yearly subscription after the first year at one twelfth of the yearly price per month (section 4), we do not grant a new period. With a subscription through PayPal you subscribe again with the other cycle; for that new contract the period runs from its conclusion (section 4).

6. What is in your vault

The app encrypts the content of your vault on your device. Heldena has no key to it; it lies on the server in encrypted form. Heldena does not check it, except for the details that the next paragraph names and that the privacy statement describes. What you store and what for is your own matter: whether your details are correct and lawful is up to you, and Heldena is not responsible for what you do with them. Section 8 governs Heldena’s liability for its own breaches of duty.

Individual functions send details from or about your vault in clear text through the service or to third parties: the connections to exchanges and wallets (Alchemy, Twelve Data or Binance receive the wallet address and the network or the symbol, Binance the API key for reading; an older version of the app queries Covalent for a wallet address instead, and the service passes the request on), Asking Heldena and the classification of your spread (to Anthropic, the classification as your distribution by asset type and by country in percent), the total value of your vault, rounded to €10,000, at most €100,000,000 (a higher value is sent as €100,000,000), for the community total if you agree, and the messages of the service to your trusted people (their email address runs through the service to the sending service, your first name is in the message). What happens to the details you give in the dialog “Who receives the credit note?” of the referral program is described in that dialog and in the participation terms of the program.

This is not a complete list: everything that goes to the service and to third parties, who processes it and for how long, is described in the privacy statement.

7. Your will and access

Heldena builds the app so that, in an inheritance event, the access is passed on as you set it up in the app: the trusted people check whether the person asking for access is the one you named (for a represented heir, with proof of the representation), and release it together. A trusted person reports the inheritance event; the app then sets a protection period of 90 days in which you can stop the case, as long as you are able to and know of the case. The service tries to reach you: with a notification on your devices and, if your account has an email address, by email; both can fail to arrive. Heldena does not check whether you have died, and not whether someone is a legal heir.

This process is a feature of the apps, not a lock: Heldena checks neither the length of the protection period nor the number of confirmations. If as many trusted people as are needed for the release agree among themselves, they can open your vault without this process, without you finding out; Heldena cannot technically prevent this. The app that reports the case sets the length of the period itself; a shorter period shortens your time to stop the case. Whom you enter as a trusted person is therefore a decision you should make with care.

Who legally inherits your assets and how they are divided is decided by your will and by the law of succession, not by the list in the app. In case of doubt, your will applies. This concerns the question to whom your assets legally belong. The trusted people nevertheless release the access to your vault as you set it up, even if your will provides otherwise; Heldena does not check what your will says.

8. Liability

Heldena is liable without limitation for intent and gross negligence, for damage from injury to life, body or health, under the German Product Liability Act and under a guarantee it has given.

In all other cases, in case of slight negligence, Heldena is liable only for the breach of an essential contractual duty, that is a duty whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance you can regularly rely, and then only for the damage that is typically foreseeable in contracts of this kind.

Your statutory rights in case of defects of the digital product (sections 327 et seq. of the German Civil Code) remain unaffected, with one exception: for damages for a defect, the same rules apply as above in this section, with the exceptions and limits stated there. Your rights under data protection law remain unaffected, including to damages (Article 82 GDPR); the rules of this section do not apply to them.

Heldena cannot restore a lost key. Ways back are a second device that you have paired and your trusted people; through your trusted people a protection period of 14 days runs, in which you can stop the case. Set up these ways while you still have access.

9. End of the contract

You can cancel the subscription at any time (section 4). You end the use without a subscription by deleting your account in the settings or by writing to us at contact@heldena.com; we then delete it once you have confirmed from the address of your account that it is to be deleted. By email this works only if your account has an email address; otherwise you delete it in the app.

Your server account and all encrypted copies there are permanently deleted after 30 days. This applies as far as the service can clear the account; in individual cases it takes longer, for example while a requested payout from the referral program has not yet been carried out. The privacy statement names the cases under “How long”; it also states how long copies stay that the service makes of its data. The copies that your trusted people have on their devices stay there until the data of the app on the respective device is deleted.

If you have a subscription, Heldena ends it at Stripe or PayPal immediately when the deletion is triggered: by you in the app or by us once we have processed your message. It does not renew after that. Heldena refunds you the part of your last payment that belongs to the time after the deletion, to the payment method you paid with; if the deletion falls within the first 14 days after your first payment, Heldena refunds the whole payment. The refund runs by itself when you delete; if it does not work that way, the service tells us and a person at our end refunds by hand. You take the deletion back by signing in again within the 30 days; your account then comes back, but not the refunded time and not the subscription: you need a new subscription. Deleting is not a withdrawal: your right of withdrawal (section 5) remains unaffected.

Heldena can end the service. Heldena announces this at least 30 days in advance on heldena.com and, if your account has an email address, by email. An end that a law or an authority requires is announced as soon as Heldena knows about it. If you have already paid for the time after the end, Heldena refunds it to you. You can export your data as a file: in the settings under “Your data”; everyone who gets hold of the file can read it. If the service ends, your trusted people keep the version they last received from you and can continue with it in an inheritance event. Without the service you do not learn on your own that a case is running in an inheritance event: the trusted person has to give you the case file so that you can stop the case.

The right of both sides to terminate the contract for good cause remains unaffected.

10. Change of company

Heldena can transfer the contract, with all rights and obligations, to another company that continues Heldena. Heldena tells you at least 30 days in advance on heldena.com and, if your account has an email address, by email; if the transfer is required by a law or an authority, as soon as Heldena knows about it.

If you do not agree, you can free yourself from the contract. A message to contact@heldena.com is enough. The contract then ends on the day of the transfer; if your message arrives later, it ends when the message arrives. Heldena LLC refunds you the paid time after the end.

11. Changes to the app and the service

Heldena can change the app and the service if there is a valid reason: security, a law or an authority, the loss or replacement of a provider on which the app is built, or an improvement that better serves the purpose of the app, which is to keep information encrypted and to pass it on in an inheritance event. A change does not cause you any additional costs.

If a change affects, more than negligibly, how you access the app or how you can use it, Heldena writes to you beforehand by email: what changes, when, and which rights you have. If your account has no email address, Heldena cannot inform you on a durable medium; such a change is then permitted towards you once Heldena has informed you in that way (section 327r of the German Civil Code). You can then end the contract free of charge within 30 days after this message reaches you or, if the change comes later, after the change. The consequences of the termination are governed by the statutory provisions.

12. Which law applies

German law applies to these terms and to the contract.

If you enter into the contract as a consumer within the meaning of section 13 of the German Civil Code, that is as a natural person for purposes that cannot be attributed predominantly to your commercial or self-employed professional activity, and you habitually reside in another country, you still keep the protection of the provisions of that country from which a contract cannot derogate there.