Heartful Terms of Service

Effective date: April 11, 2025

Before you begin using Heartful, it’s important to understand the key points of our Terms of Service. Here’s a summary of some critical aspects. This summary is not a substitute for reading the full Terms of Service, which contain detailed information about your rights, responsibilities, and our legal relationship. If you have any questions, please contact us at support@heartfulapp.com.

Educational Platform, Not Medical Advice: Heartful is designed to educate and empower users to support their wellness journey, including learning about blood pressure management. However, Heartful does not provide medical advice, diagnosis, or treatment. Always consult with a qualified physician or healthcare provider for any medical concerns, and seek immediate assistance in emergencies.

Privacy and Data Protection: We respect your privacy and process your personal data in compliance with applicable laws, including GDPR and CCPA. For more details, please refer to our Privacy Policy.

Full Terms of Service

1. Acceptance of Terms

By accessing or using Heartful, you agree to comply with and be bound by these Terms of Service ("Terms") and our Privacy Policy

If you do not agree with any part of these Terms or the Privacy Policy, you must not use Heartful. Your continued use of Heartful constitutes your acceptance of these Terms and any updates made to them.

Heartful reserves the right to update, modify, or replace these Terms at any time at its sole discretion. If changes are made, we will notify users by posting the updated Terms on our website (https://www.heartfulapp.com). In some cases, we may also notify you through email or other means. It is your responsibility to review the Terms periodically for any changes. Your continued use of Heartful after such updates constitutes your acceptance of the revised Terms.

If you do not agree with the updated Terms, you must stop using Heartful and may terminate your account as described in these Terms.

2. Our Services

Heartful provides a subscription-based educational platform accessible via the web (https://www.heartfulapp.com) and mobile applications available on the Apple App Store and Google Play Store. Heartful is currently free to use. In the future, we may introduce optional paid features, premium tiers, or transition to a paid service model. Paid features will always require clear opt-in and acceptance of updated terms. The platform offers tools, lessons, challenges, and exercises designed to educate users about blood pressure management and promote general wellness.

Eligibility: You must be at least 18 years old to use Heartful. By registering, you confirm that the information you provide is accurate, complete, and up-to-date.

Educational Purposes Only: Heartful is intended solely for educational purposes. It does not offer or provide medical advice, diagnosis, or treatment.

3. Health Disclaimer and Assumption of Risk

Heartful’s content and services are designed to educate and support users in learning about blood pressure management and related wellness practices. However, the platform is not a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before making any health-related decisions or starting a new health regimen.

Assumption of Risk: By using Heartful, you acknowledge and agree that participation in wellness-related activities carries inherent risks, including but not limited to physical or mental discomfort, injury, or exacerbation of existing conditions. You assume full responsibility for any risks arising from your use of Heartful’s educational materials, tools, and exercises. Use of Heartful is at your own risk, and Heartful LLC shall not be held liable for any health outcomes resulting from your use of the platform.

User Responsibility: It is your responsibility to assess your own health and fitness before participating in any activities suggested by Heartful. If you have any concerns about your health or a medical condition, consult a qualified healthcare provider before engaging with the platform.

No Guarantees: Heartful does not guarantee specific outcomes or improvements to your health or well-being as a result of using the platform. The effectiveness of the platform depends on individual circumstances and adherence to the content provided.

Not regulated by HIPAA: Heartful is not regulated as a medical device or health service and is not subject to HIPAA regulations.

Not for Emergencies: Heartful is not designed for use in medical emergencies. If you are experiencing a medical emergency, please contact emergency services or seek immediate assistance from a healthcare professional.

4. User Responsibilities, Conduct, and Account Security

As a user of Heartful, you agree to:

  • Use the platform only for lawful and intended purposes.

  • Provide accurate, current, and complete information during account registration and maintain the accuracy of such information.

  • Maintain the confidentiality of your account credentials and take responsibility for all activities conducted through your account.

  • Respect the privacy and rights of other users.

You agree not to use Heartful for any unlawful or prohibited purpose. Specifically, you agree not to:

  • Engage in any activity that could harm, disable, overburden, or impair the functioning of Heartful or its services.

  • Post, transmit, or distribute content that infringes on intellectual property rights, contains harmful software (e.g., viruses), or is offensive, defamatory, or otherwise objectionable.

  • Use the platform in any way that violates applicable federal, state, local, or international laws or regulations.

  • Access or attempt to access parts of the platform that you are not authorized to use.

  • Use automated systems, bots, or scripts to scrape, crawl, or otherwise extract data from the platform without Heartful's prior written permission.

  • Reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of any part of the platform.

  • Interfere with or disrupt the integrity or performance of the platform, including by introducing viruses, malware, or other harmful material.

  • Use the platform to harass, abuse, or harm others, or to send unsolicited or unauthorized advertising, promotional materials, or spam.

  • Attempt to gain unauthorized access to any accounts, systems, or networks connected to the platform.

  • Use the platform in any way that infringes on the intellectual property rights or privacy rights of others.

  • Resell, sublicense, or otherwise make Heartful’s content or services available to others without prior authorization.

If you suspect unauthorized access to your account, you must notify Heartful immediately. Heartful reserves the right to suspend or terminate accounts found in violation of these responsibilities or involved in prohibited conduct, as well as for security breaches or fraudulent activity.

Users accessing Heartful from outside the United States are responsible for compliance with local laws and regulations, if and to the extent they apply.

5. Intellectual Property Rights

  • All content provided by Heartful, including but not limited to text, graphics, software, and other materials, is the exclusive property of Heartful LLC and is protected by copyright, trademark, and other intellectual property laws.

  • Users are granted a limited, non-exclusive, non-transferable license to access and use Heartful’s content for personal, non-commercial purposes.

  • Users are prohibited from reproducing, distributing, modifying, downloading, or creating derivative works from Heartful’s content without prior written permission.

  • Content from Heartful may not be downloaded or stored on any device except as explicitly authorized within the platform’s functionality. Unauthorized downloading, saving, or distribution of Heartful content after subscription expiration is strictly prohibited.

  • Any attempt to sell, redistribute, or make Heartful content available outside of the platform is a violation of these Terms and may result in legal action.

6. Free Access and Future Premium Offerings

Heartful is currently free to use. In the future, we may introduce optional premium features or paid services. If and when this occurs, we will notify users and provide updated Terms of Service. You will not be charged for any paid features unless you explicitly opt in and accept the updated terms at that time.

7. Third-Party Platforms

If you download or access Heartful through the Apple App Store or Google Play Store, be aware that such transactions are subject to the terms and conditions and privacy policies of the respective platforms. By using Heartful via third-party platforms, you agree to comply with all applicable terms and conditions of the platform provider in addition to Heartful's Terms of Service. Heartful is not responsible for the actions of these platforms, including but not limited to data handling practices.

8. Modifications to the Service

Heartful reserves the right to modify, suspend, or discontinue any part of the platform, including the availability of any feature, without notice or liability. We are not liable for any modification, suspension, or discontinuation of the service.

9. Dispute Resolution and Arbitration

  • Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. For international users, mandatory local consumer protection laws may apply in your jurisdiction. These Terms are otherwise governed by Delaware law.

  • Informal Dispute Resolution: Before initiating arbitration, you agree to first contact Heartful to attempt to resolve your dispute informally. You can email us at support@heartfulapp.com. Both parties agree to make a good-faith effort to resolve the dispute informally within 30 days of initial contact. If the dispute cannot be resolved within this period, either party may initiate arbitration as described below.

  • Binding Arbitration: You agree to resolve any disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms.

  • Venue and Forum Selection: If, for any reason, a dispute between you and Heartful LLC proceeds in court rather than arbitration, you agree that such proceedings will be brought exclusively in the state or federal courts located in Delaware, United States. You waive any objection based on an inconvenient forum, lack of personal jurisdiction, or venue.

  • Class Action Waiver: You agree to waive any right to participate in class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity. You may only resolve disputes with Heartful on an individual basis, and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

  • Jury Trial Waiver: To the fullest extent permitted by law, both parties waive any constitutional or statutory right to a trial by jury in any dispute, action, or proceeding arising out of or related to these Terms or the use of Heartful.

  • Opt-Out: You may opt out of this arbitration agreement by providing written notice to Heartful within 30 days of accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you do not wish to resolve disputes with Heartful through arbitration.

  • Fees and Costs: Each party will bear its own costs and attorneys’ fees, unless otherwise required by law or the AAA rules.

  • Exceptions to Arbitration: Notwithstanding the foregoing, Heartful reserves the right to seek injunctive relief or other equitable remedies in a court of competent jurisdiction to protect its intellectual property, confidential information, or proprietary rights.

10. Survival of Terms

The provisions of these Terms that, by their nature, should survive termination or expiration, shall survive, including but not limited to provisions relating to ownership, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Heartful LLC and its affiliates, officers, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use of or inability to use the platform;

  • Any unauthorized access to or use of our servers or any personal information stored therein;

  • Any interruption or cessation of transmission to or from the platform;

  • Any bugs, viruses, trojans, or the like that may be transmitted to or through the platform by any third party;

  • Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the platform.

In no event shall the total liability of Heartful LLC exceed (a) the amount you paid to Heartful in the 12 months prior to the event giving rise to the liability, or (b) $50 USD.

12. Indemnity

You agree to indemnify, defend, and hold harmless Heartful LLC and its affiliates, officers, employees, agents, suppliers, or licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

  • Your access to or use of the platform;

  • Your violation of these Terms;

  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;

  • Any claim that your content caused damage to a third party.

  • Any misuse of the platform by you, or any dispute between you and a third party arising from your use of the platform.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the platform.

13. Disclaimers

The platform and all content and services provided through it are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Heartful LLC does not warrant that:

  • The platform will be secure or available at any particular time or location;

  • Any defects or errors will be corrected;

  • The platform is free of viruses or other harmful components;

  • The results of using the platform will meet your requirements.

Heartful makes no warranties or representations regarding the accuracy, completeness, timeliness, or usefulness of any information provided. We do not guarantee that the content will always be current, free from errors, or suitable for your individual circumstances. We do not guarantee any health outcomes or results based on use of the platform. Any reliance on the platform content is at your own discretion and risk.

Heartful is not responsible for the actions or policies of third-party platforms (e.g., App Store or Google Play).

Heartful processes personal data in compliance with applicable data protection laws, including the GDPR for users located in the European Union. For more information, refer to our Privacy Policy.

California residents may have additional rights under the California Consumer Privacy Act (CCPA). For details, refer to our Privacy Policy.

Your use of Heartful does not create any professional-client, doctor-patient, or therapist-client relationship between you and Heartful LLC or any of its employees or contributors.

You understand and agree that your use of Heartful is entirely voluntary and at your own risk.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If necessary, the invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

15. Force Majeure

Heartful shall not be held liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, governmental actions, labor disputes, or interruptions in telecommunications or internet services. In the event of prolonged force majeure circumstances, Heartful reserves the right to suspend or terminate affected services.

16. Consent to Receive Email Communications

By creating an account with Heartful or using the platform, you consent to receive electronic communications from us, including but not limited to account notifications, service updates, and promotional materials. These communications may be sent via email or other electronic methods.

You acknowledge that these communications are part of your use of the platform and agree that any notices, agreements, disclosures, or other communications we send to you electronically satisfy any legal communication requirements.

If you no longer wish to receive certain types of communications, you may opt out by following the unsubscribe instructions included in our emails. Please note, however, that you may not opt out of communications related to your account or the services you have subscribed to (e.g., billing notifications or important service updates).

17. Contact Information

If you have any questions about these Terms or wish to contact us for any reason, please email us at support@heartfulapp.com.

Feedback: Any feedback, comments, or suggestions you provide regarding Heartful are entirely voluntary, and Heartful LLC will have the right to use such feedback, comments, or suggestions without for any purpose without obligation, compensation, or acknowledgment.

18. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Heartful LLC regarding the use of the platform. They supersede and replace any prior agreements, communications, or understandings, whether oral or written, regarding the subject matter hereof.