Terms of Service

1. Acceptance of Terms

By accessing or using the Heartstamp website, applications, and services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

2. Eligibility

You must be at least 13 years old to use the Services. By using the Services, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Account Registration

You may need to create an account to use certain features. You are responsible for maintaining the security of your account credentials and for all activity under your account. You agree to provide accurate, current, and complete information.

4. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services to create, distribute, or promote content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use automated means (bots, scrapers) to access the Services without permission
• Violate any applicable local, state, national, or international law

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of content you create using the Services (e.g., card designs, messages). By using the Services, you grant Heartstamp a non-exclusive, worldwide, royalty-free license to host, store, and display your content as necessary to provide the Services.

5.2 Heartstamp Content

Card templates, designs, images, and other content provided by Heartstamp are owned by Heartstamp or its licensors. You may use this content only as part of the Services and for personal, non-commercial purposes unless otherwise agreed.

5.3 AI-Generated Content

Some features use AI to generate or modify images and text. AI-generated content is provided "as-is" and may not be unique. You are responsible for reviewing AI-generated content before use.

6. Payments and Billing

Certain features require payment. All payments are processed by Stripe. Prices are displayed at checkout and may change. Refund policies are described at the point of sale. You agree to pay all fees associated with your use of paid features.

7. Termination

We may suspend or terminate your access to the Services at any time, with or without cause. You may delete your account at any time through your account settings. Upon termination, your right to use the Services ceases immediately.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HEARTSTAMP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEARTSTAMP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HEARTSTAMP IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Heartstamp, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting updated Terms with a new effective date. Continued use of the Services after changes constitutes acceptance.

13. Contact

Questions about these Terms? Contact us at legal@heartstamp.com.