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Terms of Service

Revised: November 30, 2023

These terms of service ("Terms") apply to Hearth Inc. (the "Company", "we", "us", "our"), your access and use of Hearth (the "Service"). Please read them carefully.

Accepting these terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by emailing hello@hearth.ai.

Changes to these terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check Hearth for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy policy

For information about how we collect and use information about users of the Service, please check out our privacy policy ("Privacy Policy") available at hearth.ai/privacy.

Third-Party services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Your content & conduct

Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

The Service allows you to share your content with others on the Service and publish publicly to potentially anyone on the internet. When you post, link, share, publish or otherwise make available content in this manner, you grant us the right and license to use, reproduce, modify, format and distribute your content based on the sharing preferences you explicitly set through the Service.

Aside from our limited right to your content, you retain all of your rights to the content you post, link, share, publish and otherwise make available on or through the Service.

You can remove the content that you posted by deleting it. Once you delete your content, it will be made inaccessible and will be deleted from our systems in 90 days. We will retain logs of your activity on the Service that may include partial copies of your deleted content for up to 400 days. You acknowledge and agree that copies of the content or metadata relating to the content that you have shared with other users on the Service, published to the web or otherwise made available may be accessible indefinitely.

You may not post, link, share, publish and otherwise make available on or through the Service any of the following:

  • Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity, moral rights or other intellectual or other right of any party;
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account or post any content if you are not over 18 years of age years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Confidentiality

In handling any confidential information, we shall exercise the same degree of care that it exercises for its own proprietary information, but disclosure of information may be made to third parties as outlined in our Privacy Policy. Confidential information does not include information that either: (i) is in the public domain or in the Company’s possession when disclosed to us, or becomes part of the public domain after disclosure; or (ii) is disclosed to us by a third party, if we do not know that the third party is prohibited from disclosing the information.

Hearth materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.

Hyperlinks and third party content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Hearth, Inc. makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Subscription

All or some parts of the Service are made available on a subscription basis. You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. Whether you are using monthly or yearly billing, your account may be charged on a monthly basis.

You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel it or the Company cancels it.

A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, billing email address ("Billing Email Address") and valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, the Company may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be canceled. You may cancel your Subscription renewal through your online account page: click your profile picture in the top right corner of the app, then click "Settings." From there, under "Hearth", click "Subscription Management", then click "Manage your Subscription." You'll be able to update your billing information, cancel your subscription, change or add a payment method, and view your invoice history.

Refunds

Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted in sole discretion of the Company.

Fee changes

The Company, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Company will provide you with reasonable notice (by sending an email to your Billing Email Address that outlines fee changes) at least 30 days prior to any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a free trial for a limited period of time("Free Trial"). If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If you or the Company cancel your Free Trial, you acknowledge and agree that we may delete all of your Content or data that was assigned to your Free Trial.

At any time and without notice, the Company reserves the right to: (a) modify the terms and conditions of any Free Trial offer; (b) cancel any Free Trial offer; or (c) cancel any Free Trial subscription.

Disclaimers and limitation of liability of warranty

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL HEARTH, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO HEARTH, INC. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Copyright Complaints

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.

Beta Services

From time to time, Company may offer Beta Services to you. You acknowledge that any Beta Services are in development and the service may encounter bugs, data inaccuracies, or generally be non-functioning at various times. Due to these limitations, Company does not make any representation or warranty to you about the accuracy or completeness of any of the Beta Services.

Further, the Beta Services are provided “as is” and Company hereby disclaims any representations or warranties, express, implied, statutory, or otherwise, regarding the Beta Services or the functionality, performance or results of use thereof, including any warranties of merchantability, fitness for a particular purpose, accuracy, system integration, or arising from course of dealing or course of performance. Further, Company makes no warranty that the Beta Services will be uninterrupted or error-free, achieve the intended results, meet your requirements or fulfill any of your specific purposes or needs.

Accordingly, you expressly acknowledge and agree that the Beta Services (a) are under development and is a pre-release version that may contain errors or other bugs and may not work correctly, (b) may change substantially prior to the commercial release and therefore programs that use or run with the Beta Services may not work with the commercial release or subsequent releases, and/or (c) may not be developed for commercial release at all.

Therefore, you are solely responsible for determining the appropriateness of using the Beta Services. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH ANY MATERIALS PROVIDED HEREUNDER, OR THE BETA SERVICES (WHETHER FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER CAUSE OF ACTION), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED $10.00.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California located in Los Altos CA, United States in connection with any such dispute including any claim involving the Service. You further agree that you and the Company will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

You may request the deletion of your account at any time. Click your profile picture in the top right corner of the app, then click "Settings." From there, underUpon which, your accountwill be immediately deleted from our servers and can no longer be recovered.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Entire Agreement

These Terms constitute the entire agreement between you and Hearth, Inc. regarding the use of the Service, superseding any prior agreements between you and Hearth, Inc. relating to your use of the Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, Hearth. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Hearth, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about the Service may be directed to us at hello@hearth.ai.