Terms of Service
Last updated: February 12, 2024
Introduction
Please read these Terms of Service (“Terms”) carefully. These Terms are a legally binding contract between you and Heart Hands, Inc. (“Heart Hands,” “We,” “Us,” or “Our”).
By using our Website (www.hearthands.tech, www.hellom1.com) and our messaging application 'M1' (the "App"), collectively referred to as the "Services", you agree to these Terms. If you don’t understand or agree to these Terms, please don’t use the Services. We may occasionally update these Terms, so please refer back to them in the future. Unless otherwise specified, these Terms apply generally when using the Services.
In these Terms, “you”, “your” and “User” means any user of the Services. If you use the Services on behalf of a company or other entity, then, “you” includes you and that entity. If you are using the Services on behalf of an entity, you represent and warrant that: (a) you are an authorized representative of such entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on such entity’s behalf.
WE RESERVE THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS AND MAY RESTRICT OR REFUSE, AT OUR SOLE DISCRETION, THE PROVISION OF OUR SERVICES IN CERTAIN COUNTRIES OR REGIONS. THIS DOCUMENT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY.
About our Services
Heart Hands develops and provides a messaging application 'M1' which incorporates an Artificial Intelligence (AI) assistant powered by Large Language Models (LLMs). This AI functionality has access to users' conversations and is intended to facilitate expedited and more accurate user communication. The AI assistant is specifically designed to transcribe verbal communications, summarize conversations, and respond to inquiries.
Access and Use of the Services
App availability
Our App is available from TestFlight, a service provided by Apple Inc. for over-the-air installation and testing of iOS and macOS applications. It is also available on the Apple App Store (the “App Store”) in Canada and the United States.
service subscription
Heart Hands makes the Services available to you on a paid subscription basis (“Paid Subscription”). By signing up for Paid Subscription and providing Heart Hands with your payment account information, you hereby agree to these payment terms and conditions. If you choose to subscribe to Paid Subscription, you are signing up to an auto-renewing subscription requiring recurring payments and agree to pay the current applicable Paid Subscription fee listed in the agreement. You will be billed for the subscription either through your credit card or through your intermediary iTunes provider (the “App Store”). The fee will be billed on a monthly or yearly basis (depending on the billing plan you selected) from the date you first subscribe to Paid Subscription and automatically on each monthly or yearly renewal thereafter, unless and until you cancel your subscription. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple as the App Provider and Apple will refund the purchase price for the App to you (if applicable).
Credit card payments are processed by Stripe, our third-party payment processor. If your subscription is based on credit card billing, we will automatically charge your credit card monthly for the cost of the Services and any applicable taxes. If any fee is not paid in a timely manner, or we are unable to process your transaction using the credit card information provided, we reserve the right to revoke your access to our Services.
Intermediary Provider Billing. If your subscription is based on intermediary provider billing, your provider will automatically charge your App Store account monthly or yearly for the cost of Paid Subscription and any applicable taxes.
Cancellation. Your subscription will continue unless and until you cancel your subscription or we terminate it. You may cancel your subscription any time before each monthly or yearly renewal in order to avoid the billing of the next period’s Paid Subscription fee to your chosen payment method. Heart Hands reserves the right to discontinue or modify any subscription fee payment option. We may change the pricing for the Services by updating the App without any additional notice to you, provided that any changes will not take effect until your subscription renews. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable plan that is subject to the promotion.
Refunds. All sales are final and we do not grant any refunds to Users. Errors made by third-party payment providers or errors caused by your incorrect input of required information are not eligible for a refund from us. In these cases, you will need to contact the relevant provider directly to resolve the issue and receive a refund.
Phone Number Allocation
Applicable only to users downloading the app from the App Store in Canada and the United States.
When you sign up for our App and subscribe to Paid Subscription, we allocate a unique phone number to you (“Unique Number”), allowing you to send text messages and make calls to people in your address book with a Canadian or American phone number (country code: +1) who do not use Our App. This functionality is designed to integrate seamlessly with your existing contact list, allowing for a user-friendly communication experience.
The Unique Number is owned by Heart Hands and is provided to you for use exclusively within the context of Our App's services. We retain the right to reallocate your Unique Number to another user within a month after you cancel your subscription, or in the event of any failure to comply with the laws applicable to the usage of a phone number or these Terms.
Prior to reallocating your assigned phone number, Heart Hands will attempt to notify you. Reallocation of your Unique Number means that any previous communications or identity associated with the old number will no longer be linked to you in the App. If your Unique Number is reallocated, you will be provided a new Unique Number upon your next subscription to Paid Subscription.
Heart Hands cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. Heart Hands will not be liable for reimbursement for any expenses or any other damages you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationery, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.
Please note that prior to engaging with a person who is not a user of the App you must obtain consent to communicate with them (see "Consent and Opt-In/Opt-Out Requirements" below). You must make clear to the recipient that they agree to discuss and have the conversation processed by the App and/or any third parties engaged by Heart Hands for the provision of the Services. You agree that you are responsible for informing the recipient that the call is being made using the App and that it might be recorded and or stored by Heart Hands for the provision of the Services. Heart Hands shall not be responsible for any damage arising from the communications with a non-user of the App. All information collected will be treated as per the Privacy Notice.
Consent and Opt-In/Opt-Out Requirements:
By using our services, you acknowledge that you are responsible for obtaining explicit consent from individuals before sending them text messages, in compliance with applicable laws and regulations such as the Telephone Consumer Protection Act (TCPA). The following mechanisms must be implemented to ensure compliance:
Opt-In Requirements:
You must ensure that recipients have provided express consent to receive text messages. This may include (but is not limited to) obtaining written, digital, or verbal consent prior to sending messages. The consent must be clear and affirmative (e.g., signing up through a form, sending a keyword such as “YES” via text, or verbally agreeing). You should keep records of such consents as they may be required for legal verification.Opt-Out Mechanisms:
You must provide recipients with a clear and easy way to opt out of receiving future messages. This should include offering a simple keyword such as “STOP,” “UNSUBSCRIBE,” or “CANCEL” that recipients can send in response to any message to immediately cease future communication. Upon receiving such a request, you must stop sending messages to that number within a reasonable time frame.Confirmation Messages:
After a recipient opts out by sending a keyword such as “STOP,” you must send a confirmation message acknowledging that the recipient has been unsubscribed and will no longer receive messages unless they opt back in.Opt-In After Opt-Out:
If a recipient chooses to opt back in, you must ensure that they have obtained a new consent prior to resuming communication. This can be done by offering the recipient an option to reply with a keyword such as “START” or “YES” to resume receiving messages.
Heart Hands does not provide built-in opt-in or opt-out mechanisms. As the user, you are solely responsible for implementing and maintaining appropriate mechanisms as outlined above. Failure to comply with these requirements may result in the termination of your service and potential legal action. Heart Hands is not liable for any non-compliant messaging, and you accept full responsibility for ensuring that all communications adhere to applicable regulations.
AI Assistant
The AI assistant in Our App is designed to assist with communication by transcribing, summarizing conversations, and responding to inquiries. It is a tool, not a replacement for human judgment. To operate our AI assistant service, We utilize third-party Large Language Models (LLMs) accessed via API. This innovative approach involves converting spoken or typed dialogue into digital text, which is then stored in vector databases for enhanced processing efficiency. It's crucial to understand that while we endeavor to maintain high transcription accuracy, Heart Hands cannot assure absolute precision in the transcription or subsequent storage of this data. Given that these LLMs are developed by external parties, Heart Hands specifically waives responsibility for any inaccuracies in the data stored and in the AI-generated responses. Users should recognize that responses produced by these third-party AI models, despite their sophistication, are not always accurate and never substitute for human judgment. These AI tools are intended to supplement user communication, not replace personal discernment or professional advice.
Third Party Services
You acknowledge and agree that the Services operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”). This includes integrations or connectors to services like VoIP providers for person-to-person communication, large language models for Our AI assistant, and app stores for downloading Our App (such as Apple's App Store).
Heart Hands is not responsible for the operation, availability, or functionality of any Third Party Services. You are solely responsible for procuring any and all rights necessary for it to access Third Party Services and for complying with any applicable terms or conditions thereof. Be aware that Heart Hands makes no representations or warranties regarding Third Party Services or their providers. Your interactions with Third Party Services, including data exchanges, are governed by the third party’s terms and conditions and are solely your responsibility.
Privacy Policy and User Data
Heart Hands cares about your privacy. Our Data Privacy Notice describes our data (including message) practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you.
Use of the Services
Registration Obligations. You must register for our App using accurate information and provide your current mobile phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for Our App. Please note that continued access to the mobile phone number used to create your account is required for the continuous use of the Services. You hereby acknowledge and agree that you might lose access to your account in the event you lose control of such mobile phone number.
By registering, Users agree to be fully responsible for all activities that occur under the account associated with their mobile phone number used at the time of signing up. Users are required to immediately and unambiguously inform us if they think their personal information, including but not limited to their account, access credentials or personal data, have been violated, unduly disclosed or stolen. Registration to our Services is subject to the following conditions:
Unless explicitly permitted, your account may not be shared with other persons.
Unless otherwise specified, each user must register only one account.
Users can terminate their account and stop using the Services at any time.
We reserve the right to suspend or terminate your account at any time and without notice, at our sole discretion, in the following cases:
User has violated these Terms; and/or
User's access or use of the Services causes injury to us, other Users or third parties; and/or
the use of the Services by the User may cause violation of law or regulations; and/or
in case of an investigation by legal action or governmental involvement; and/or
the account or its use is deemed to be, at our sole discretion, inappropriate or offensive or in violation of these Terms.
The suspension or deletion of your account shall not entitle Users to any claims for compensation, damages or reimbursement and does not exempt the User from paying any applicable fees.
Address Book. You can use the contact upload feature and provide us, if permitted by applicable laws, with the phone numbers in your mobile address book on a regular basis, including those of both the users of our App and your other contacts.
Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Keeping Your Account Secure. You are responsible for keeping your device and your M1 account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Storage: Except where required by law, Heart Hands is not obligated to store your voicemails, sent/received calls, text messages, pictures, and/or other information maintained or transmitted by the Services. You agree that Heart Hands has no responsibility or liability whatsoever for the deletion or failure to store any voicemail and/or other information maintained or transmitted by the Service.
Text Messages: Heart Hands offers the option to users to engage in conversations with their customers; Message frequency varies; Message and data rates may apply; Reply HELP to help; Reply STOP to cancel; Carriers are not liable for any delays or undelivered messages.
Legal & Acceptable Use
Our Terms And Policies. You must use our Services according to these Terms. If you violate these Terms, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the "Termination" section below.
Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Heart Hands, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Age. Users must be 18 or older to access the App, or have parental/guardian consent and supervision if aged 13-17. Users under 13 are not permitted to use the App.
Prohibited Behavior: You agree not to use the App in any way that: is unlawful, illegal or unauthorized; is defamatory of any other person; is obscene or offensive; infringes any copyright, database right or trademark of any other person; advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; is in violation of the Telephone Consumer Protection Act ("TCPA").
Forbidden Message Categories: The messaging use cases outlined below are strictly forbidden on SMS and MMS in the United States and Canada. This applies under the new 10DLC system, in compliance with the TCPA. Heart Hands may terminate or suspend access to the App immediately, without prior notice, for any violation regarding the content sent via SMS/MMS. Our priority at Heart Hands is to ensure compliance with regulations and carrier guidelines to facilitate seamless communication. If you have any questions or need further details, our support team is available to assist you at support@hearthands.tech,
Categories
Prohibited
Notes
High-risk financial services
Full name, phone number, email address and date of birth.
Not providing us with your Account Data will prevent you from creating an account on the App.
"Third-party" refers to loans originating from any entity other than the servicing party.
First-party loan content is permissible if it is not promotional, except on an approved Short Code.
Third-Party Lead Generation and Marketing
Job position, job title, and industry.
All third-party use cases are strictly forbidden.
Consent must be directly obtained from end-users.
Political customers cannot use voter registration databases for consent and outreach.
Any business policy mentioning sharing or selling consumer data is noncompliant.
Debt Collection or Forgiveness
Payment card type, last 4 digits of the payment card.
"Third-party" refers to entities other than the creditor.
Direct consent from end-users is required for debt collection messages.
Debt consolidation, debt reduction, and credit repair programs are prohibited, even with first-party consent.
“Get Rich Quick” Schemes
Your profile picture, the messages, voice notes and the files/documents you share with others while using the App, as well as the recordings and transcripts of your phone conversations you have in the App.
These use cases, often promising minimal effort for maximum gains, produce high consumer complaints and are not allowed.
Illegal substances/articles & prescription drugs
Your phone contact list (including contact names and a hashed version of their phone numbers)
Businesses in these categories are prohibited from using SMS/MMS, regardless of legality at the federal or state level.
Offers for prescription-only drugs are forbidden, even from licensed professionals.
Gambling
Information regarding chats you are a part of (including the names and profile pictures you give to those chats), chats visited with day and dates, messages sent, phone calls made, searches made, questions asked to the AI app assistant, and other interactions with the app.
Gambling and betting messages are prohibited.
"S.H.A.F.T." Use Cases and Electronic Smoking Devices
Sex, Hate, Alcohol, Firearms, Tobacco, Vape/E-cigarettes.
Alcohol messages are allowed with proper age gating (inputting date of birth, not just yes/no).
Firearms, vape, and e-cigarettes messages are not allowed, regardless of age gating.
Tobacco is not allowed not on Long Code or Toll Free.
Gun advocacy messages do not fall under Firearms restrictions.
In Canada, all age-gated content must be blocked unless a special carrier exemption is obtained.
Allowed content includes pocket knives, lighters, and non-alcoholic beverages.
You shall not make the Website or the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.
You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
Also, we are not responsible for the way you use the App. We reserve the right to investigate and take necessary actions against violations, including content removal, account suspension, or termination, and may involve law enforcement as needed. It is clarified that we may adopt, against a user who violated the present Terms, any legal measures at our disposal pursuant to the applicable laws.
Disclosure to Law Enforcement: You acknowledge and agree that Heart Hands may preserve content and may also disclose conversations, texts or other content (including but not limited to call logs, transcripts and phone number records) if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to comply with legal process, applicable laws or government requests, provided, however that Heart Hands will make an effort to notify affected users of any such disclosure unless prohibited from doing so by applicable law or valid legal process as determined in our sole good faith. Furthermore, Heart Hands may preserve content to: (a) enforce these Terms; (b) respond to claims that content violates the rights of third parties; or (c) protect the rights, property, or personal safety of Heart Hands, its users and the public. You understand that the technical processing and transmission of the Services, including your conversations, texts, or other content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Termination
Heart Hands may terminate or suspend access to the App immediately, without prior notice, for any breach of these Terms.
Termination. Although we hope you remain a user, you can terminate your relationship with us anytime for any reason by deleting your account.
Our right to terminate for cause remains unaffected. Good cause shall be deemed to exist if one party violates laws, third-party rights, or otherwise breaches these Terms, and the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period, taking into account all circumstances of the individual case and after weighing the interests of both parties. A termination for good cause is only possible within a reasonable period of time after a breach has come to the knowledge of the other party.
If the important reason is a violation of an obligation of these Terms, termination is only permissible after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, this does not apply if the party in breach seriously and finally refuses to fulfill its obligations or if, after weighing the interests of both parties, special circumstances justify immediate termination.
In accordance with this "Termination" section, we may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
the User’s grant of licenses under these Terms shall survive indefinitely;
the User’s indemnification obligations shall survive for a period of five years from the date of termination;
the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.
Intellectual Property
The Website and the App and their original content, features, and functionality are and will remain the exclusive property of Heart Hands. All contents on our App, including but not limited to graphics, texts and logos are protected by intellectual property laws. Any reproduction, in part or in whole, of any content of the App is strictly prohibited.
User-Generated Content
You retain rights to any text, images, or other content you create while using the App, but you hereby grant Heart Hands a license to use this content for operating and improving the App.
Users are solely liable for their content and any content they upload, post, share, or provide through the App or the Website. Users acknowledge and accept that Heart Hands does not filter or moderate such content. However, Heart Hands reserves the right to remove, delete, block or rectify such content at its own discretion.
Disclaimer of Warranties
You use our Services at your own risk and subject to the following disclaimers. We are providing the Services on an "as is" basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our Services will be operational, error free, secure, or safe, or that our Services will function without disruptions, delays, or imperfections. We do not control and are not responsible for, controlling how or when our users use our Services or the features, services, and interfaces our Services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties.
No Access to Emergency Services
There are important differences between our App and your mobile phone and a fixed-line telephone and SMS services. Our App does not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
Availability of Our Services
We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, with no such notice being required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Limitation of Liability
In no event shall Heart Hands be liable for any type of damages, whether direct or indirect, arising out of or related to the App and Services. We shall not be liable under any circumstances for any special, consequential, incidental, exemplary, or punitive damages, or loss of profit or revenues, even if we have been specifically advised of the possibility of such damages. We shall not be liable for damages arising out of or in any way related to products, services, and/or information offered or provided by third parties and accessed through the app or by any other means. Additionally, you specifically acknowledge that we are not liable for any costs or damages arising out of private or governmental legal actions related to your use of the app and its services in any country.
Governing Law
These Terms are governed by the Law of Delaware without regard to its conflict of law provisions.
Amicable dispute resolution
Users may bring any disputes to Heart Hands who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Website or the Service, Users are kindly asked to contact Heart Hands at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Heart Hands’s email address specified in this document. Heart Hands will process the complaint without undue delay and within 2 days of receiving it.
Contact Us
If you have any questions about these Terms, please contact us at support@hearthands.tech.
Changes to Terms
Heart Hands reserves the right to modify these Terms at any time. Continued use of the App and Website after changes constitutes acceptance of the new Terms.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Heart Hands’s email address specified in this document. Heart Hands will process the complaint without undue delay and within 2 days of receiving it.
