Terms of Use
These Terms of Use (“Terms”) are an agreement between you and Original Heart LLC (“Original Heart”, “we”, “us”) and govern your use of our mobile apps (the “Apps”) and this website. By downloading or using an App, you agree to these Terms. If you do not agree, do not use the Apps. These Terms also serve as the end-user license agreement (EULA) for our Apps.
1. License to use the Apps
We grant you a personal, non-exclusive, non-transferable, revocable license to use the Apps on devices you own or control, for your personal, non-commercial use, in accordance with these Terms and the usage rules of the Apple App Store or Google Play. You may not copy, modify, reverse engineer, resell, or distribute the Apps, except as allowed by law.
2. Subscriptions and in-app purchases
Some features require a paid subscription or one-time in-app purchase. Prices are shown in the App before you buy.
- Payment: payment is charged to your Apple ID or Google Play account when you confirm the purchase.
- Auto-renewal: subscriptions renew automatically at the end of each period (for example weekly, monthly, or yearly) at the same price, unless you cancel at least 24 hours before the current period ends. Your account is charged for renewal within the 24 hours before the current period ends.
- Free trials: if a free trial is offered, the subscription starts and you are charged when the trial ends unless you cancel at least 24 hours before then. Any unused part of a free trial ends when you buy a subscription.
- Managing and canceling: you can manage or cancel your subscription in your Apple ID or Google Play account settings at any time (see how to cancel). Deleting the App does not cancel a subscription. After canceling, you keep access until the end of the paid period.
- Refunds: all payments are processed by Apple or Google, and refunds are handled under their policies (see how to request a refund). Except where required by law, we do not provide refunds or credits for partial periods.
- Price changes: we may change subscription prices. Apple or Google will notify you in advance as their rules require, and you can cancel before the new price applies.
3. Acceptable use
You agree not to: use the Apps for anything illegal or harmful; try to gain unauthorized access to our systems or other users’ data; interfere with or disrupt the Apps; bypass any payment or access restriction; or use automated means to access the Apps in a way that places an unreasonable load on our services.
4. Your content
You own the content you create in the Apps. Most content is stored only on your device, so you are responsible for keeping backups. Where an App stores content on our servers, you give us permission to store and process it only as needed to provide the App to you.
5. Our intellectual property
The Apps, including their design, code, text, graphics, and trademarks, are owned by Original Heart LLC or its licensors and are protected by law. These Terms do not give you any rights to our trademarks or branding.
6. Third-party services
The Apps rely on third-party services such as the Apple App Store, Google Play, and the providers listed in our Privacy Policy. Your use of those services may be subject to their own terms. We are not responsible for third-party services we do not control.
7. Disclaimers
The Apps are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Apps will be uninterrupted, error-free, or that data will never be lost. Information in the Apps is for general purposes only and is not medical, legal, financial, or other professional advice.
8. Limitation of liability
To the fullest extent permitted by law, Original Heart LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or revenue, arising from your use of the Apps. Our total liability for any claim relating to the Apps is limited to the amount you paid us for the App in the 12 months before the claim, or US $50, whichever is greater. Some jurisdictions do not allow these limitations, so they may not apply to you.
9. Indemnity
You agree to indemnify and hold harmless Original Heart LLC from any claims, losses, or expenses (including reasonable legal fees) arising from your misuse of the Apps or your violation of these Terms.
10. Termination
You may stop using the Apps at any time by deleting them. We may suspend or end your access if you violate these Terms. Sections that by their nature should survive termination (such as ownership, disclaimers, and limitation of liability) will survive.
11. Changes to these Terms
We may update these Terms from time to time. We will change the “Last updated” date above and, for significant changes, notify you in the App or on this page. If you keep using the Apps after the changes take effect, you accept the updated Terms.
12. Governing law
These Terms are governed by the laws of the United States and of the state in which Original Heart LLC is organized, without regard to conflict-of-law rules. Nothing in these Terms limits any rights you have as a consumer under the mandatory laws of the country where you live.
13. Additional terms for Apps downloaded from the Apple App Store
- These Terms are between you and Original Heart LLC only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Apps and their content.
- Your license is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide any maintenance or support for the Apps.
- If an App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for that App. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the Apps.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the Apps, including product liability claims, claims that an App fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
- We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any claim that an App infringes a third party’s intellectual property rights.
- You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using the Apps.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple has the right to enforce these Terms against you as a third-party beneficiary.
14. Additional terms for Apps downloaded from Google Play
Your use of Apps downloaded from Google Play is also subject to the Google Play Terms of Service. If these Terms conflict with the Google Play Terms of Service regarding your use of Google Play, the Google Play Terms of Service apply.