These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Hevvy ("we," "us," or "our"), concerning your access to and use of the Hevvy platform. The following agreement outlines your rights and responsibilities when using our services, website, mobile applications, and any other related services (collectively, the "Platform").
Acceptance of Terms
By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you must not use our Platform. Your continued use of the Platform following the posting of any amendments to these Terms will constitute your acceptance of such changes. These Terms apply to all visitors, users, and others who access or use the Platform.
The Platform serves as a sophisticated marketplace and intelligence layer for the heavy equipment industry. Our services encompass equipment listing verification, market data analysis, transaction facilitation, and various other features designed to enhance the buying and selling experience of industrial machinery. The complexity and value of the transactions facilitated through our Platform necessitate comprehensive terms to protect all parties involved.
Platform Access and Registration
Access to certain features of our Platform requires registration and the creation of a user account. During the registration process, you must provide accurate, current, and complete information about yourself and your business entity. The registration process includes verification steps designed to maintain the integrity of our marketplace. This may include business documentation, proof of identity, and other relevant credentials that establish your legitimacy as a participant in the heavy equipment market.
Your account credentials, including your password, must be kept confidential. You accept full responsibility for all activities that occur under your account. Should you become aware of any unauthorized use of your account or any other security breach, you must notify us immediately. The security of your account is crucial not only for your protection but also for maintaining the trust and integrity of our marketplace ecosystem.
We reserve the right to suspend or terminate accounts, remove or edit content, and reject service to anyone at any time for any reason. This discretion is exercised particularly in cases where we detect fraudulent activity, misrepresentation of information, or violations of our community standards. The decision to suspend or terminate an account will be made after careful consideration of the circumstances and potential impact on other users of the Platform.
Equipment Listings and Verification
The integrity of equipment listings on our Platform is paramount. When listing equipment, sellers must provide comprehensive and accurate information about the machinery being offered. This includes detailed specifications, accurate condition assessments, clear photographs from multiple angles, maintenance records, and any known issues or defects. Our verification process is designed to ensure the accuracy of this information and protect buyers from misrepresentation.
Each listing undergoes a thorough verification process before being published on our Platform. This process may include physical inspections, documentation review, and verification of ownership and maintenance records. Sellers must cooperate fully with this process and provide any additional information or documentation requested. The verification process is not a guarantee of equipment condition but rather a confirmation of the accuracy of the information provided.
False or misleading information in listings is strictly prohibited and will result in immediate removal of the listing and possible suspension of the seller's account. We maintain the right to remove any listing that does not meet our standards or that we believe may pose a risk to our users. The decision to remove a listing is final and at our sole discretion.
Transaction Process and Obligations
Our Platform facilitates transactions between buyers and sellers but does not take ownership of the equipment being sold. The transaction process begins when a potential buyer expresses interest in listed equipment. Both parties must engage in good faith negotiations and provide accurate information throughout the transaction process. We provide tools and frameworks for these negotiations but do not participate directly in them unless specifically requested to do so.
Buyers are responsible for conducting their own due diligence before completing a purchase. While we provide verification services and market data, these should be considered tools to aid in decision-making rather than guarantees. Buyers should inspect equipment personally or through a qualified third party before finalizing any transaction. The Platform provides mechanisms for scheduling inspections and coordinating with sellers, but the responsibility for thorough evaluation lies with the buyer.
Sellers must maintain accurate records of all communications and agreements made through our Platform. Any changes to the equipment's condition or availability must be promptly reported. Sellers are responsible for ensuring that equipment is available for inspection and delivery as agreed upon with buyers. Failure to honor commitments made through our Platform may result in penalties, including account suspension and negative feedback visible to other users.
Financial Terms and Payment Processing
The use of our Platform involves various fees and charges, which are clearly disclosed before they are incurred. These may include listing fees, transaction fees, premium feature fees, and subscription charges. All fees are non-refundable unless explicitly stated otherwise or required by law. We reserve the right to modify our fee structure with appropriate notice to users. Changes to fees will not affect transactions already in progress at the time of the change.
Payment processing on our Platform is handled through secure, third-party payment processors. Users must comply with the terms and conditions of these payment processors in addition to our own terms. We implement robust security measures to protect financial information, but we do not store complete payment information on our servers. Users are responsible for ensuring the accuracy of all payment information provided.
For certain transactions, we may offer escrow services through licensed third-party providers. When using these services, funds are held in escrow until both parties confirm that the terms of the transaction have been met. The escrow process provides additional security for high-value transactions but may involve additional fees and processing time. Detailed terms for escrow services are provided separately when this option is selected.
Intellectual Property and Data Rights
The Platform, including all of its original content, features, and functionality, is owned by Hevvy and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our intellectual property includes but is not limited to our logo, website design, software, algorithms, market analysis tools, and proprietary databases. Users are granted a limited license to access and use our Platform in accordance with these Terms.
When users submit content to our Platform, including equipment listings, photographs, descriptions, and other materials, they retain ownership of their intellectual property rights. However, by submitting content, users grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute that content. This license is necessary for us to provide our services and promote listings across various channels.
The market data and analytics generated through our Platform represent valuable intellectual property. Users may access and use this data for their own transaction-related purposes but may not scrape, aggregate, or redistribute this information without our explicit written permission. We invest significant resources in maintaining the accuracy and reliability of our market data, and unauthorized use or distribution of this information is strictly prohibited.
Dispute Resolution and Governing Law
In the event of a dispute between users, we encourage parties to first attempt to resolve the matter through direct communication using our Platform's messaging system. All communications through our Platform are recorded and may be used in dispute resolution processes. For disputes that cannot be resolved through direct communication, we offer a structured dispute resolution process that may include mediation services.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms or the use of our Platform that cannot be resolved through our internal dispute resolution process shall be submitted to binding arbitration in Delaware. The arbitration shall be conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Users explicitly waive their right to participate in class action lawsuits or class-wide arbitration. Any arbitration will be conducted on an individual basis; class arbitrations and class actions are not permitted. The arbitration proceedings and their outcome shall remain confidential. The decision of the arbitrator will be final and binding on all parties involved.
Limitation of Liability
To the maximum extent permitted by law, Hevvy and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from your use or inability to use the Platform. Our liability is limited whether or not we have been informed of the possibility of such damages.
We do not guarantee the continuous, uninterrupted, or secure access to our Platform. The operation of our Platform may be interfered with by numerous factors outside of our control. While we strive to maintain the highest standards of service, the Platform is provided "as is" and "as available" without any warranty of any kind, express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
Contact Information
For matters relating to these Terms and Conditions, legal inquiries, or formal notices, please contact our Legal Department at: