Dispute Resolution & Arbitration Policy
Last updated: January 30, 2026
Operator: Heartbox LLC
Application: Heartbox (iOS and Android)
Contact: acfrank@heartbox.life
This Dispute Resolution & Arbitration Policy (“Policy”) describes how disputes between you and Heartbox LLC arising out of or related to the Heartbox application (“App”) or these terms will be resolved. It is part of our Terms of Service. Please read this Policy carefully; it may affect your legal rights, including your right to bring a lawsuit in court and your right to a jury trial.
1. Scope
This Policy applies to any dispute, claim, or controversy arising out of or relating to: (a) the App or any related services; (b) these Terms of Service, this Policy, our Privacy Policy, or any other policy or agreement between you and us; or (c) your use of the App or any content or data associated with your account (each, a “Dispute”). It does not apply to disputes that by law cannot be subject to arbitration or to the extent prohibited by applicable law in your jurisdiction.
2. Governing Law
Except where prohibited by applicable law (e.g., for consumers in the European Union or certain other jurisdictions), all Disputes shall be governed by the laws of the State of New York, United States, without regard to its conflict of law principles. If you are in a jurisdiction that does not permit the choice of law above, the laws of your country of residence may apply to the extent required by law.
3. Informal Resolution First
Before initiating arbitration or (where arbitration does not apply) litigation, you agree to try to resolve the Dispute informally by contacting us at acfrank@heartbox.life with a brief description of the Dispute and your contact information. We will try to resolve the Dispute informally within 30 days. If we do not resolve it within 30 days, you may proceed to arbitration or litigation as set out below. This informal-resolution requirement does not apply to Disputes that by law cannot be subject to pre-dispute resolution requirements (e.g., certain consumer rights in the EEA or UK).
4. Binding Arbitration (Where Applicable)
Except where prohibited by applicable law (e.g., for consumers in the European Union, United Kingdom, or other jurisdictions where pre-dispute arbitration agreements are unenforceable):
You and Heartbox LLC agree that any Dispute shall be resolved by binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights, or for claims that qualify for small-claims court.
Arbitration shall be administered by JAMS in accordance with its then-current consumer or commercial arbitration rules, as applicable. The arbitrator’s decision shall be final and binding, except for any right of appeal under the Federal Arbitration Act or applicable law.
The arbitration shall be conducted in New York County, New York, or by video/telephone if the parties agree. The arbitrator shall apply the governing law set out in Section 2.
Payment of arbitration fees shall be governed by the rules of the arbitration provider; we will not seek reimbursement of our attorneys’ fees unless the arbitrator determines that your claim was frivolous or brought in bad faith.
You and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding (collectively, “Class Action Waiver”). If the Class Action Waiver is found to be unenforceable in whole or in part, the remainder of this Policy shall remain in effect, but the dispute shall be resolved in court rather than in arbitration, and the Class Action Waiver shall not apply to the extent found unenforceable. If you are in a jurisdiction that does not permit the Class Action Waiver (e.g., certain consumer rights in the EEA or UK), that waiver may not apply to you to the extent required by law.
5. Venue and Jurisdiction (Where Arbitration Does Not Apply)
Where arbitration does not apply: You and we agree that any legal action or proceeding arising out of or related to a Dispute shall be brought exclusively in the federal or state courts located in the State of New York, and you consent to the personal jurisdiction and venue of such courts. If you are in a jurisdiction that does not permit the choice of forum above, you may bring a claim in the courts of your country of residence to the extent required by law. Nothing in this Policy limits your right to lodge a complaint with a supervisory authority where applicable law provides for such right.
6. Opt-Out of Arbitration (Where Permitted)
If you are in the United States and you do not wish to agree to binding arbitration, you may opt out by sending a written notice to acfrank@heartbox.life within 30 days of the date you first accepted these Terms (or the date you first used the App, if earlier). The notice must include your name, address, and a clear statement that you opt out of the arbitration agreement. If you opt out, the arbitration agreement in Section 4 will not apply to you, but the rest of these Terms and this Policy will still apply, and Disputes will be resolved in court in accordance with Section 5.
7. Severability
If any part of this Policy (including the Class Action Waiver or the agreement to arbitrate) is held to be invalid or unenforceable, the remaining parts shall remain in effect, except that if the agreement to arbitrate is held invalid or unenforceable in its entirety, Disputes shall be resolved in court in accordance with Section 5.
8. Relationship to Terms of Service
This Policy is part of and incorporated into our Terms of Service. In the event of a conflict between this Policy and the Terms of Service with respect to dispute resolution, this Policy shall control.
9. Contact
For questions about this Policy or to initiate informal resolution: acfrank@heartbox.life