Last updated on March 1, 2023.
Hearts’ Terms and Conditions of Use (hereinafter “the Terms”) is a contract between you as a user (hereinafter “you”) and Hearts Dating Inc. (hereinafter “we”, “us”, or “the Corporation”) for the use of the Hearts application (hereinafter “the App”). You are legally bound by the Terms in your usage of the App.

1. Rules
To use the App, you will need a registered Hearts account (hereinafter “Account”).
To register for an Account, you must satisfy all the following criteria:
i. Be at least 18 years old or the age of majority to legally enter a contract under the laws of your home country.
ii. Be legally permitted to use the App by the laws of your home country.
iii. Have not committed, been convicted, or pled no contest to a sex crime, a violent crime, or a felony.
iv. Are not currently registered, have previously been registered or required to register in the future in any sex offender registry.
v. Are not listed on any U.S. Government list of prohibited or restricted parties.
vi. Are not located in a country that is subject to U.S. Government embargos or sanctions.
vii. Are not located in a country that is designated by the U.S. Government as a terrorist supporting country.
To use the App, you agree to all the following conditions:
i. You will use your real name and real age in creating your Account and on your profile.
ii. You will not misrepresent your identity, your age, your current or previous personal status, qualifications or affiliations with any person or entity.
iii. You will not disclose information that you do not have the consent to disclose.
iv. You will not be dishonest, abusive, or discriminatory in your use of the App.
v. You will not stalk or harass any other user of the App.
vi. You will comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements.
vii. You will not develop, support, or use software, devices, scripts, robots, other types of mobile code or any other means or processes including crawlers, browser plugins and add-on or other technology to scrape or otherwise exfiltrate data from the App or its services, or otherwise copy profiles and other data from the App or its services.
viii. You will not scrape or replicate any part of the App or its services.
ix. You will not access, tamper with, or use areas of the App or our systems which have not been permitted access to your Account.
x. You will not create or operate a pyramid scheme, fraud, or other similar practices.
xi. You will use the App only for the purpose of finding a date for yourself.
We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, at any time and by using any means, without liability and without the need to give prior notice or further explanation. If your Account is terminated or suspended, you will not receive any refunds for any expenses you may have incurred while using the App.
We reserve the right to investigate any possible violations of these Terms, any user’s rights, or any third-party rights and remove any improper, infringing or otherwise unauthorized content uploaded on the App.
We do not verify personal backgrounds, professional backgrounds, medical records, sexual history, sex offense status, criminal history, financial records, or any personal identifiable information of the App’s users. We do not make any representations or warranties of the App’s users. You are solely responsible for all your interactions with other users of the App.
You agree to, and hereby do, release the Corporation, its service providers and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage for any unconscionable commercial practice by the Corporation and its service providers or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the App.

2. Content
The App contains content uploaded by users including yourself (hereinafter “User Content”) and content that is native to the App (hereinafter “App Content”).
User Content
You are responsible and liable for your User Content and will indemnify, defend, release, and hold us harmless from any claims made in connections with any User Content.
You do not have any rights to other user’s User Content. You may only use other user’s User Content to initiate communication with that user via the App’s chatting features.
You may not display any personal contact or banking information, including but not limited to names, addresses, postal codes, zip codes, telephone numbers, email addresses, URLs, bank account numbers, credit/debit card numbers and other such information on your individual profile page whether in relation to you or any other person. If you choose to reveal any personal information about yourself to other users on the App either via the App’s features or any other means, you shall be doing so at your own risk.
You represent and warrant to us that you have all necessary rights and licenses to your User Content and grant us non-exclusive, royalty free, perpetual, worldwide license to use your User Content in any way, including without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future. We may assign or sub-license the above license to our affiliates and successors without any further approval by you.
The following are prohibited in User Content:
i. Content having offensive language or offensive imagery.
ii. Content which harasses, upsets, embarrasses, alarms, or annoys any other person.
iii. Content which is discriminatory based on race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance.
iv. Content which is abusive, insulting, or threatening.
v. Content which is defamatory or libelous.
vi. Content which promotes or encourages racism, sexism, hatred, or bigotry.
vii. Content which promotes or encourages violence, terrorism, or illegal activity.
viii. Content which in itself constitutes committing a criminal offence.
ix. Content which relates to commercial activities.
x. Content which involves transmission of junk data or spam data.
xi. Content containing spyware, adware, viruses, corrupt files, worm programs or malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information.
xii. Content which in itself or the posting of which, infringes any third-party rights.
xiii. Content which shows another person which was created and distributed without that person’s consent.
xiv. Content which is harmful to minors.
xv. Content which impersonates any other person, including falsely stating your name.
Any other content not mentioned in this section or specifically limited by the Terms shall not be construed to be permissible content.
App Content
Any content which is not User Content is App Content. This includes but is not limited to graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the App. App Content is owned, controlled, or licensed by us and is protected by copyright, trademark, data, database rights or other intellectual property law rights. All rights, titles, and interests in and to App Content always remains with us.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use App Content, without the right to sublicense, under the following conditions:
i. You shall not use, sell, modify, or distribute App Content except as permitted by the functionality of the App.
ii. You shall not use our name in metatags, keywords, or hidden text.
iii. You shall not create derivative works from App Content or scrape, disable, decompile, analyze or in any way commercially exploit App Content, in whole or in part, in any way.
iv. You shall use App Content for lawful purposes only.

3. Payments
Hearts implements a pay-per-match strategy. If you choose to pay, you acknowledge and agree that additional terms, disclosed to you at the point of payment, may apply, and that such additional terms are incorporated herein by reference. You may pay via the following payment methods (“Payment Method”:
i. Via third-party platform such as the Apple App Store and Google Play Store.
ii. Using your credit card, debit card, or PayPal account, which will be processed by a third-party processor.
Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us. Deleting your account or deleting the application from your device does not relieve you from any outstanding dues. All payments are final and nonrefundable.
The payments described is this section do not include any Sales Tax that may be due in connection with your use of the App. If we determine that we have a legal obligation to collect a Sales Tax from you in connection with your usage of the App, we will collect such Sales Tax in addition to the payments described. If any payments under the Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, then you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, Sales Tax means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

4. Credits
We may at our sole discretion give you a limited amount of credit. Any credit in your Account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your Account to access certain paid features in the App. Credits do not incur fees for non-use. Credits will expire at our sole discretion or when your Account is terminated or suspended. Credits cannot be reinstated or rolled over from a terminated or suspended Account or transferred to or shared between another Account.
We at our sole discretion reserve the right to charge fees for credits and/or may distribute credits with or without charge. We will manage, regulate, control, modify, or eliminate credits at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any credit and we shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer credits to any person or entity. Credits may only be redeemed through our Services.

5. Notifications and Location-based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App. Such notifications/alerts will be automatically sent to you based on your profile and/or phone/email settings. You will be responsible for all charges incurred in the transmittal and receival of such data.
The App may determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. You will be responsible for all charges incurred in the transmittal and receival of such data.

6. Disclaimer
The App, App Content, and User Content are all provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, we do not guarantee the compatibility of any matches.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. No advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
Additionally, we do not make any warranties that the App will be uninterrupted, secure or error free or that your use of the App will meet your expectations, or that the App, App Content, or User Content, or any portion thereof, is correct, accurate, or reliable. Your use of the App is at your own risk. You are solely responsible for your interactions with other members. We are not responsible for the conduct of any user.

7. Limitations of Liability
We and our service providers will not be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the App, App Content, or User Content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the App, your sole and exclusive remedy is to stop your use of the App.
You hereby waive any and all claims arising out of your use of the App. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).
The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The App would not be provided without such limitations, and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

8. Indemnity
All the actions you take and information you post on the App remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, our service providers, our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising because of, or in connection with the following:
i. Any negligent acts, omissions, or willful misconduct by you.
ii. Your access to and use of the App.
iii. The uploading or submission of Content to the App by you.
iv. Any breach of these Terms by you.
v. Your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

9. Changes
We may modify, amend, or change the Terms at any time (hereinafter “a Change”). We may send an email notifying you of a Change and we may ask you to agree to a Change for continued use of the App. Your continued use of the App following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using the App immediately.