1. Type of Service or Product
These Terms of Service, also referred to as the "Terms & Conditions," serve as the legally binding agreement governing the use of Hearten's products and services, including our websites, social media pages, software applications, and other online services (collectively, the "Services"). By accessing or utilizing our platform, you agree to abide by these terms, so please take a moment to acquaint yourself with them. If you have any questions or require assistance, our team is readily available to help. Feel free to reach out to us at help@hearten.day. We encourage you to carefully review this document to understand your rights and responsibilities.
2. User Interaction
By creating an account on Hearten, users agree to provide accurate and current information during the registration process and to maintain the confidentiality of their account credentials. All actions taken through their account are the sole responsibility of the user. Additionally, users may have the option to submit content, granting Hearten a non-exclusive, royalty-free license to use, modify, and distribute the content, provided it complies with the Community Guidelines outlined in these Terms of Service.
The platform serves as a space where users can both create and receive encouraging video messages. Account creation is necessary to access features, and users commit to providing accurate information during registration. While users are responsible for the content they generate, Hearten reserves the right to moderate and remove inappropriate material.
Reception of encouraging video messages occurs randomly facilitated by Hearten, with no guaranteed senders or recipients. Users must adhere to the Community Guidelines to foster a positive atmosphere. Prohibited activities include any actions violating laws, and regulations, or compromising platform security.
Users are encouraged to provide feedback for platform improvement, which Hearten may utilize to enhance user experience. Interactions with third-party services are subject to the terms of those entities. The platform's features are subject to potential modifications or discontinuation.
Users may receive communications related to account status or promotions, with preferences adjustable in account settings. By engaging with Hearten, users affirm their agreement and adherence to these terms and conditions. For inquiries, our support team can be reached at help@hearten.day.
2.1 Account Creation
Users must create an account to access Hearten's features, including creating and receiving encouraging video messages. Users agree to provide accurate and up-to-date information during the registration process. Hearten reserves the right to suspend or terminate accounts with inaccurate or misleading information.
2.2 Video Message Creation
Users can create and submit encouraging video messages through the platform. By submitting video messages, users grant Hearten a non-exclusive, royalty-free license to use, modify, and distribute the content within the scope of the service.
2.3 Random Message Reception
Users acknowledge that the reception of encouraging video messages is a random process facilitated by Hearten. Hearten does not guarantee specific senders or recipients for video messages.
2.4 Prohibited Activities
Users agree not to engage in any activities that violate laws or regulations, harass others, or compromise the security of the platform. Inappropriate content, including but not limited to offensive or harmful messages, is strictly prohibited.
2.5 User Responsibilities
Users are responsible for the content they create and submit. Hearten is not liable for the content of video messages, but reserves the right to moderate and remove inappropriate content.
3. Subscription
When subscribing to Hearten, users agree to the following terms:
3.1 Billing and Payments
Subscription fees will be billed on the agreed-upon billing cycle. Users authorize Hearten to charge their chosen payment method for the subscription.
3.2 Auto-Renewal
Subscriptions automatically renew unless canceled before the renewal date. Users can manage their subscriptions and disable auto-renewal in their account settings.
3.3 Cancellation
Users can cancel their subscriptions at any time. Cancellation will be effective at the end of the current billing cycle, and no further charges will occur.
3.4 Refunds
Subscription fees are non-refundable. Users are responsible for timely cancellations to avoid charges for the next billing cycle.
3.5 Changes to Subscription Plans
Hearten reserves the right to modify subscription plans, including features and pricing. Users will be notified in advance of any changes.
3.6 Termination of Subscription
Hearten reserves the right to terminate or suspend a user's subscription for violation of terms or misuse of the service.
3.7 Communication
Users may receive subscription-related communications, including renewal reminders and billing notifications, via the email associated with their account.
By subscribing to Hearten, users acknowledge and accept these subscription terms. For any questions or concerns, our support team is available at help@hearten.day
4. User Conduct/Community Guidelines
Creating a positive and uplifting community is at the heart of Hearten. To maintain a supportive environment for all users, we've established the following community guidelines within our terms of service.
4.1 Respectful Engagement
Users are expected to engage with one another in a respectful and positive manner. Harassment, hate speech, or any form of discrimination will not be tolerated.
4.2 Encouraging Content
Video messages should be uplifting, encouraging, and in good taste. Content that is offensive, explicit, or violates the rights of others is not permitted.
4.3 Privacy Considerations
Users should be mindful of others' privacy. Avoid sharing personal information without consent and respect the boundaries of fellow community members.
4.4 No Spam or Misleading Content
Users are discouraged from creating spam or misleading content. Genuine and authentic messages contribute to a more meaningful community.
4.5 Age-Appropriate Content
Ensure that your messages are suitable for all ages. Avoid content that may be inappropriate or offensive to a broad audience.
4.6 Intellectual Property Respect
Users must respect the intellectual property of others. Do not upload content that infringes on copyrights, trademarks, or any other proprietary rights.
4.7 Reporting Concerns
If you come across content that violates these guidelines or have concerns about another user's behavior, please report it promptly through the designated reporting channels.
4.8 Community Growth
Actively contribute to the positive growth of our community. Share encouragement, support others, and celebrate the diversity of our user base.
Failure to adhere to these community guidelines may result in appropriate actions, including content removal, warnings, or, in severe cases, account suspension. Hearten aims to foster a community where users feel safe, inspired, and connected. Your commitment to these guidelines is vital for creating a welcoming atmosphere for all. For any questions or concerns, our support team is available at help@hearten.day
5. Content and Service Ownership
Within the collaborative realm of Hearten, the ownership of content and service is defined by the following terms:
5.1 User Content Ownership
Users maintain ownership of the video messages they create and contribute to the platform. This includes any accompanying text, images, or additional content.
5.2 Limited License Granted by Your Company
In acknowledgment of the collaborative nature of Hearten, users grant a limited, non-exclusive, royalty-free license to Hearten to utilize, modify, and distribute their contributed content. This license is granted solely for the purposes of operating and enhancing the platform.
5.3 Service Ownership
Hearten retains ownership of the overall platform, its features, and functionalities, including the algorithms facilitating the random exchange of encouraging video messages.
5.4 License You Grant to Your Company
By creating and submitting video messages, users explicitly grant Hearten a limited license to own, use, modify, and distribute the content within the scope of the platform. This license is non-exclusive, royalty-free, and extends to the perpetual improvement of the platform.
5.5 Non-commercial Use
Hearten commits to using user-created content exclusively for non-commercial purposes within the confines of the platform. The primary goal is to foster a positive and encouraging community.
5.6 User Responsibility
Users are responsible for ensuring that their content aligns with the guidelines outlined in the User Conduct section and adheres to applicable laws and regulations.
5.7 Third-Party Use
Hearten will not share user-created content with third parties for commercial purposes without explicit consent from the users.
5.8 User Control
Users have the ability to delete or remove submitted content from the platform at any time.
5.9 Perpetual License
The license granted by users to Hearten is perpetual, meaning that even if users decide to delete their accounts, the content they contributed may continue to exist within the platform.
By creating and submitting encouraging video messages, users acknowledge and agree to these content and service ownership terms. Hearten is committed to respecting the rights of users while utilizing the content responsibly for the betterment of the platform. For any questions or concerns about content and service ownership, users are encouraged to reach out to our support team at help@hearten.day
6. Privacy and Data Handling
How user data is collected, stored, and used. Any privacy practices and compliance details.
6.1 Privacy and Data Handling
Respecting user privacy is paramount at Hearten, and our approach to data handling is designed with transparency and security in mind:
6.2 Information Collection
Hearten collects only the essential information necessary for creating and maintaining user accounts and facilitating the exchange of encouraging video messages.
6.3 User Consent
By using the platform, users explicitly consent to the collection, processing, and storage of their data as outlined in this Privacy and Data Handling policy.
6.4 Data Usage
User data is used solely for the operation of the platform, including account management, message creation, and ensuring a personalized user experience.
6.5 Security Measures
Hearten employs industry-standard security measures to safeguard user data against unauthorized access, disclosure, alteration, and destruction.
6.6 Data Sharing
User data, including video messages, is not shared with third parties for commercial purposes without explicit user consent. However, Hearten may share data within the organization for platform improvement purposes.
6.7 Third-Party Interactions
Users may interact with third-party services linked to Hearten. While Hearten cannot control the data handling practices of these third parties, users are encouraged to review their privacy policies.
6.8 User Control
Users have the right to access, correct, delete, or restrict the processing of their personal data. Account deletion options are available within the platform.
6.9 Data Retention
Hearten retains user data for as long as necessary to provide the platform's services and fulfill legal obligations.
6.10 Communication Preferences
Users have the option to manage their communication preferences, including notifications and promotional messages, through account settings.
6.11 Legal Compliance
Hearten complies with applicable data protection laws and regulations, ensuring the lawful and ethical handling of user data.
6.12 Updates to Policy
Any updates to the Privacy and Data Handling policy will be communicated to users, providing transparency and an opportunity to review and understand the changes.
By using Hearten, users affirm their understanding and acceptance of the Privacy and Data Handling practices outlined herein. For any inquiries or concerns about privacy and data handling, our support team is readily available at help@hearten.day
7. Payment and Billing
If applicable, details about pricing, fees, payment methods, and billing processes.
Ensuring transparency and clarity in financial interactions is crucial at Hearten. The following terms outline payment and billing specifics for users engaging with our platform:
7.1 Service Charges
While Hearten may offer certain features for free, specific services or enhanced functionalities may incur charges. Users will be explicitly informed of any applicable charges before accessing these premium features.
7.2 Payment Authorization
By utilizing premium features or services, users authorize Hearten to charge their chosen payment method for the agreed-upon amount.
7.3 Payment Methods
Hearten supports various payment methods, and users are responsible for ensuring the accuracy and validity of their provided payment information.
7.4 Billing Cycles
Charges for premium features or services may occur on a one-time or recurring basis, depending on the nature of the service. Users will be informed of the billing cycle associated with their chosen service.
7.5 Subscription Renewal
For subscription-based services, users may be enrolled in automatic renewal. Users will receive notification prior to the renewal date and have the option to manage or cancel their subscription through their account settings.
7.6 Fee Changes
Hearten reserves the right to adjust fees for premium features or services. Users will be notified in advance of any fee changes, and the changes will only apply to future transactions.
7.7 Refunds
Refunds for charges are issued at the discretion of Hearten. Users are encouraged to review service details before making purchases to ensure they meet their requirements.
7.8 Account Suspension for Non-Payment
Failure to settle outstanding payments may result in the suspension or termination of access to premium features or services.
7.9 Taxes
Users are responsible for any applicable taxes associated with their use of premium features or services.
7.10 Communication of Billing Issues
Users experiencing billing issues should promptly contact Hearten's support team for resolution.
7.11 Termination of Premium Services
Hearten reserves the right to terminate or suspend premium services for users who violate the terms of payment or engage in fraudulent activities.
7.12 Deactivation of Accounts
Hearten may deactivate accounts with outstanding balances, and users will be notified in advance of any such actions.
By utilizing premium features or services on Hearten, users acknowledge and agree to abide by these payment and billing terms. For any questions or concerns regarding payment processes, users are encouraged to reach out to our support team at help@hearten.day
8. Account Registration
When registering an account with Hearten, users agree to the following terms and conditions governing the account creation process:
8.1 Accurate Information
Users must provide accurate and complete information during the registration process. This includes, but is not limited to, a valid email address and any other details required for account setup.
8.2 Unique Usernames
Users are responsible for choosing a unique and non-offensive username. Hearten reserves the right to require a change of username if it violates any guidelines.
8.3 Secure Passwords
Users must create a secure password for their accounts, safeguarding it against unauthorized access. Hearten encourages the use of a combination of letters, numbers, and special characters.
8.4 Account Responsibility
Users are solely responsible for maintaining the security and confidentiality of their account credentials. Any activities undertaken using the account are the user's responsibility.
8.5 Age Requirement
Users must meet the minimum age requirement of 13 years to create an account. Parental consent is required for users below a certain age. For information about how we collect, use, share, and otherwise process the personal information of users under age 13 ("Children"), please refer to our Children's Privacy Policy.
8.6 Account Verification
Hearten may implement an account verification process to ensure the authenticity of user accounts. Users agree to cooperate with any such verification procedures.
8.7 Account Deactivation
Hearten reserves the right to deactivate or suspend accounts that violate the terms of service or engage in fraudulent activities. Users will be notified in advance of any such actions.
8.9 Notification Preferences
By creating an account, users agree to receive notifications, updates, and relevant communications from Hearten. Users have the option to manage their notification preferences in their account settings.
8.10 Termination of Accounts
Users may terminate their accounts at any time, and Hearten will provide options for account deletion within the platform.
8.11 Profile Information
Users may be required to provide additional profile information, and this information must also be accurate and comply with community guidelines.
By registering an account with Hearten, users acknowledge and agree to abide by these account registration terms. For any questions or concerns related to account registration, our support team is readily available at help@hearten.day
9. Termination of Accounts
At Hearten, account termination is straightforward and user-centric:
9.1 User Control
Users have the freedom to terminate their accounts at any time within the platform, with a straightforward deletion process.
9.2 Clear Notifications
Hearten ensures users receive clear notifications and guidance throughout the termination process, maintaining transparency.
9.3 Policy Compliance
Accounts violating terms or engaging in fraudulent activities may face deactivation, with users receiving advance notice whenever possible.
9.4 Financial Clarity
Accounts with outstanding balances will be notified in advance of potential deactivation, providing an opportunity to settle payments.
9.5 Perpetual License
Users acknowledge that the perpetual license for user-created content may persist even after account termination.
9.6 Data Privacy
User data is retained for legal compliance and essential services, but users can request data deletion upon account termination.
9.7 Inactivity Policy
Hearten may implement an inactivity-based termination policy, with users notified in advance and provided an option to retain their accounts.
9.8 Impact Awareness
Users are reminded that account termination may impact access to user-created content and associated features, encouraging proactive content review.
In embracing Hearten, users accept and adhere to these straightforward and essential account termination terms. For any concerns or questions, our support team is at your service help@hearten.day
10. Disclaimer of Liability
In our commitment to transparency and user awareness, Hearten issues this disclaimer of liability to outline certain aspects of service usage:
While we diligently strive for reliable and secure services, we do not guarantee continuous, error-free, or secure access to our platform. Temporary interruptions may occur for maintenance, upgrades, or unforeseen circumstances. Additionally, while we aim for accuracy, users are encouraged to independently verify critical information provided through our services.
Users acknowledge that their use of Hearten services is at their own risk. It is the user's responsibility to safeguard account credentials, protect against unauthorized access, and exercise caution in all interactions with our platform.
Our services may integrate or link to third-party services. We do not endorse or assume responsibility for the content, privacy policies, or practices of these third-party services. Users should review the terms and policies of external services.
To the fullest extent permitted by applicable law, Hearten shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our services. This includes damages for loss of profits, data, or goodwill.
By utilizing Hearten services, users signify their acknowledgment and acceptance of the terms outlined in this disclaimer of liability. Should you have any questions or concerns, our dedicated support team is available at help@hearten.day
11. Indemnification
By utilizing Hearten services, users agree to indemnify and hold Hearten, its affiliates, and service providers harmless from any claims, losses, damages, or liabilities, including legal fees, arising out of the user's violation of these terms or any third-party rights. This indemnification includes but is not limited to actions related to content uploaded by the user, unauthorized access to their account, or any breach of the terms outlined in the agreement. Users acknowledge their responsibility to indemnify and protect Hearten against any potential legal consequences resulting from their actions.
12. Governing Law and Dispute Resolution (TBD) "needs to be reviewed"
In the spirit of fostering a clear and harmonious relationship, Hearten operates under the governing laws of [Jurisdiction]. Any disputes or claims arising out of or relating to these terms or services will be subject to binding arbitration in accordance with the rules of [Arbitration Organization]. Both parties agree to resolve disputes on an individual basis and waive the right to participate in class actions. The chosen arbitration venue will be in [City, Country]. Users agree to this streamlined dispute resolution process to ensure a fair and efficient resolution.
13. Changes to Terms
Hearten reserves the right to modify or update these terms at any time, reflecting changes in our services, legal requirements, or user feedback. Users will be notified of any substantial changes via email or through prominent announcements on our platform. It is the user's responsibility to review and familiarize themselves with the updated terms. Continued use of Hearten services after modifications constitutes acceptance of the revised terms. If users disagree with any amendments, they should discontinue using our services. These terms were last updated on February 27, 2024. For inquiries or concerns, contact our support team at help@hearten.day
14. Acceptance of Terms
By accessing or using Hearten services, you acknowledge that you have read, understood, and agree to be bound by these terms and any future modifications. If you do not agree with any part of these terms, you should refrain from using our services. Your continued use of Hearten signifies your acceptance of these terms and any subsequent changes.
15. Security Measures
At Hearten, security is paramount. We deploy robust encryption, stringent access controls, and regular check-ups to ensure your data's integrity. Your privacy is a priority—we treat your information with the utmost care. For any inquiries, our support team is at your service at help@hearten.day Trust in a secure experience with us!
16. Limitations on Use
To maintain a positive and secure environment for all users, we've set some guidelines for using Hearten. It's important to note that Hearten is intended for personal use only, and any commercial use requires explicit permission.
We expect users to create and share content that aligns with our mission of encouragement and respect. Content that deviates from these values may be subject to removal. Harmful activities, attempts to compromise security, or any unlawful behavior are strictly prohibited.
Compliance with applicable laws is mandatory, and any breach may lead to immediate termination of access. Unauthorized access attempts to Hearten's systems are also strictly forbidden.
By using Hearten, users agree to adhere to these limitations. Failure to comply may result in the suspension or termination of their account. For more information or queries, our support team is here at help@hearten.day.
17. Third-Party Service
In our commitment to providing an enriched user experience, Hearten may integrate third-party services to augment certain features and functionalities within our platform. By engaging with our services, you acknowledge and agree to the following terms regarding the utilization of these third-party services.
17.1 Third-Party Policies Apply
Any third-party services integrated into our platform are subject to their respective privacy policies, terms of service, and practices. We strongly encourage you to familiarize yourself with these policies for a comprehensive understanding.
17.2 Data Sharing with Third Parties
In certain instances, your data may be shared with third-party service providers to facilitate specific functionalities. Rest assured, we only engage with reputable and trusted partners who align with our commitment to user privacy.
17.3 Consent for Integration
Your continued use of Hearten implies your consent for the integration of third-party services. Please acknowledge that certain features may be dependent on these integrations and may not function optimally without them.
17.4 No Responsibility for Third-Party Actions
Hearten assumes no responsibility for the actions, policies, or practices of third-party services, even if integrated into our platform. Your interactions with these services are solely governed by their terms and policies.
17.5 Modification or Removal of Third-Party Services
We retain the right to modify or remove third-party services from our platform at any time, with or without notice. Such modifications or removals may impact certain functionalities, and we will strive to communicate these changes to the best of our ability.
By utilizing Hearten, you affirm your understanding and acceptance of the integration of third-party services under the terms outlined above. If you have inquiries or concerns about specific third-party integrations, please reach out to our support team at help@hearten.day. Your satisfaction and comprehension are vital to us.