Terms of Service

Last updated: January 30, 2026
Operator: Heartbox LLC (“we,” “our,” or “us”)
Application: Heartbox (iOS and Android)
Contact: acfrank@heartbox.life

These Terms of Service (“Terms”) govern your access to and use of the Heartbox mobile application (“App”) and any related services, websites, or content we provide in connection with the App (collectively, the “Service”). Please read these Terms and all documents incorporated by reference carefully. By downloading, installing, or using the App, or by creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all policies and documents incorporated herein. If you do not agree, do not use the Service.

1. Scope, Definitions, and Related Documents

Definitions. The following terms have the meanings set forth below whenever used in these Terms:

  • “App” means the Heartbox mobile application (iOS and Android) and any updates, revisions, or replacements we make available.

  • “Service” means the App and any related services, websites, content, or functionality we provide in connection with the App.

  • “User Content” means any content you create, upload, or submit through the Service, including check-ins, journal entries, goals, survey responses, workout data, and any other text, data, or materials you provide (and is defined in full in Section 9).

  • “you,” “your,” and “User” mean the individual accessing or using the Service, or, if the Service is used on behalf of an entity, that entity and the individual acting on its behalf.

  • “we,” “us,” “our,” and “Heartbox” mean Heartbox LLC and its affiliates, successors, and assigns.

  • “Platform” means Apple Inc. (for iOS) or Google LLC (for Android), as applicable, in connection with distribution, payment, or in-app purchases.

  • “Incorporated Documents” means the Privacy Policy, Data Deletion Policy, Subscription & Billing Terms (where applicable), Content & Wellness Disclaimer, Acceptable Use Policy, Intellectual Property Policy, Dispute Resolution & Arbitration Policy, and Child Safety & Age Restriction Policy, each as updated from time to time and incorporated by reference into these Terms.

Scope. These Terms apply to all users of the App, including visitors who have not created an account, and to all use of the Service. They do not apply to third-party websites, apps, or services that may be linked from or integrated with the App; those are governed by their own terms.

Related and incorporated documents. By using the Service, you also agree to the following, each of which is incorporated by reference into these Terms (and, together with any referenced URLs or in-app links, constitute part of the agreement between you and Heartbox):

  • Privacy Policy — how we collect, use, and protect your information

  • Data Deletion Policy — how you may request deletion of your account and data

  • Subscription & Billing Terms — if you subscribe to or purchase paid features (e.g., Heartbox Pro)

  • Content & Wellness Disclaimer — nature of the Service (self-reflection and general wellness only; not medical or crisis support)

  • Acceptable Use Policy — rules governing your conduct and use of the Service

  • Intellectual Property Policy — ownership of the Service and your content, and the license you grant to us

  • Dispute Resolution & Arbitration Policy — how disputes are resolved (including binding arbitration and class action waiver where applicable)

  • Child Safety & Age Restriction Policy — minimum age and protection of minors

Conflict. In the event of a conflict between these Terms and any other incorporated document, these Terms will control with respect to the subject matter of the conflict, except where the other document expressly states that it overrides these Terms (e.g., the Content & Wellness Disclaimer and Acceptable Use Policy each state that they control with respect to their subject matter).

2. Acceptance and Changes to the Terms

By accessing or using the Service, you accept and agree to these Terms and all incorporated documents. We may update these Terms from time to time. We will post the revised Terms in the App and/or at our designated URL and update the “Last updated” date at the top. Your continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may delete your account as set out in our Data Deletion Policy. For material changes that materially affect your rights or obligations, we may provide additional notice (e.g., in-app notification or email) where required by law or as a matter of good practice. It is your responsibility to review these Terms periodically.

3. Description of the Service

Heartbox is a wellness and self-reflection application that provides tools and features to help you track mood, set goals, reflect on your well-being, and engage with optional content and features. The Service may include, without limitation:

  • Check-ins for mood and wellness (e.g., scale-based or custom responses)

  • Goals and progress tracking

  • Journal-style and reflection features

  • Health area surveys and quizzes

  • Optional features such as workouts, sessions with consultants (“gurus”), games, and social or friend features

No obligation to maintain or provide. We reserve the right to modify, suspend, discontinue, or restrict any part of the Service, including paid features, at any time, with or without notice, where permitted by law and subject to our Subscription & Billing Terms where applicable. We do not guarantee that any specific feature or the Service as a whole will be available at all times, in all regions, or on all devices. We may change, remove, or add features without liability to you except as expressly set out in our Subscription & Billing Terms (e.g., for paid periods already purchased).

Your responsibility to back up. You are responsible for maintaining your own backup of any User Content that is important to you. We are not liable for any loss or corruption of your data, including due to suspension, discontinuation, or modification of the Service or due to factors outside our control.

4. Non-Medical Disclaimer (Important for Journaling and Wellness)

Heartbox is for self-reflection and general wellness only. It is not a substitute for professional medical, mental health, or therapeutic care.

You acknowledge and agree to the following:

  • No medical or therapeutic claims. We do not diagnose, treat, cure, or prevent any medical or mental health condition. The App and the Service are not intended to replace advice, diagnosis, or treatment from a qualified healthcare provider, mental health professional, or therapist. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or mental health condition.

  • No emergency services. Heartbox does not provide crisis support, emergency services, or real-time intervention. If you are in crisis, have thoughts of self-harm or suicide, or believe you or someone else may be in danger, contact emergency services (e.g., 911 in the US) or a crisis helpline (e.g., 988 Suicide & Crisis Lifeline in the US) immediately. Do not rely on the App for emergency or crisis support.

  • Use at your own risk. You use the Service at your own risk. We make no guarantee of any particular health, wellness, or life outcome. You are solely responsible for any decisions or actions you take based on your use of the App. Consult your doctor or a qualified professional before making decisions that could affect your health or well-being.

  • No guarantee of accuracy or suitability. Content, features, and information provided through the Service are provided “as is.” We do not guarantee the accuracy, completeness, timeliness, or suitability of any information or feature for your situation. User-generated content (e.g., from other users or consultants) does not constitute professional advice.

This disclaimer is a material term of your use of the Service. Our Content & Wellness Disclaimer is incorporated by reference and contains additional detail; in the event of conflict with this Section 4 with respect to health, wellness, or crisis disclaimers, the Content & Wellness Disclaimer controls. By using the Service, you agree that you have read, understood, and accept this disclaimer.

5. User Accounts and Eligibility

5.1 Account creation and accuracy

To access certain features, you may need to create an account. You must provide accurate, current, and complete information when creating an account and must update that information to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use of your account.

5.2 Age and eligibility

You must be at least 13 years of age (or the minimum age required in your jurisdiction to consent to use of the Service) to use the App. If you are under 18, you should use the Service only with the involvement and consent of a parent or legal guardian, where required by applicable law. By using the Service, you represent and warrant that you meet these eligibility requirements and that you have the legal capacity to enter into these Terms. Our Child Safety & Age Restriction Policy contains additional requirements and is incorporated by reference.

5.3 One account per person

You may maintain only one account per person. You may not share your account credentials with others or allow others to access your account. You are responsible for all use of your account.

6. User Conduct and Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with our Acceptable Use Policy, which is incorporated by reference and sets forth detailed rules governing your conduct, including but not limited to: lawful use only; no harassment, abuse, or harm; no illegal or harmful content; no unauthorized access or interference; no reverse engineering or automated misuse; no impersonation or misrepresentation; and no misuse of account or features. Violation of the Acceptable Use Policy is a breach of these Terms.

Without limiting the foregoing, you agree not to:

  • Violate any applicable law, regulation, or third-party right

  • Infringe the intellectual property, privacy, or other rights of any third party

  • Harass, abuse, bully, threaten, or harm others, including through any guru, social, or communication features

  • Impersonate any person or entity or misrepresent your affiliation

  • Attempt to gain unauthorized access to the Service, our systems, or the accounts or data of other users

  • Use the Service in any way that could damage, disable, overburden, or impair the Service or our infrastructure, or interfere with any other party’s use of the Service

  • Scrape, crawl, reverse-engineer, or automate access to the Service beyond normal personal use, except where we expressly permit it

  • Use the Service to distribute malware, spam, or other harmful or unauthorized content

  • Collect or harvest information about other users without their consent

We may suspend or terminate your account or access to the Service if we reasonably believe you have violated these Terms or the Acceptable Use Policy, or engaged in conduct that is harmful to other users, the Service, or us. We may also take such action where required by law or to protect the rights, property, or safety of Heartbox LLC, our users, or the public. Where reasonable, we will give notice before taking action; we may act without notice where we reasonably believe immediate action is necessary. We are not obligated to provide a refund for any paid period remaining at the time of termination where termination is due to your violation of these Terms or the Acceptable Use Policy.

7. Subscriptions and Payments

Paid features (e.g., Heartbox Pro) are subject to our Subscription & Billing Terms. By subscribing or making an in-app purchase, you agree to those terms. Payments are processed by Apple Inc. (iOS) or Google LLC (Android). We do not process payments or issue refunds directly; refunds and cancellation are handled through your Apple ID or Google account as described in our Subscription & Billing Terms and the applicable platform’s terms. We are not liable for any failure or delay in payment processing, refund decisions, or access to paid features caused by Apple, Google, or any other third party. For refund and cancellation details, see also our Refund & Cancellation Policy where applicable.

8. Intellectual Property and License Grant to You

Our Intellectual Property Policy is incorporated by reference. We (or our licensors) own all right, title, and interest in and to the Service, including the App, the software, design, text, graphics, and other content we provide (other than your User Content (defined below)), and our trademarks, logos, and brand features. The Service is protected by copyright, trademark, and other intellectual property laws. You do not acquire any ownership rights by using the Service.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service, including to install and use the App on your own device(s), for your personal, non-commercial use only. You may not copy, modify, distribute, sell, lease, or create derivative works of the Service or any part of it, or reverse-engineer or attempt to extract the source code of the App, except where applicable law expressly permits and cannot be waived by contract.

9. Your Content and License to Us

“User Content” means any content you create, upload, or submit through the Service, including check-ins, journal entries, goals, survey responses, workout data, and any other text, data, or materials you provide. You retain ownership of your User Content, as set out in our Intellectual Property Policy. You are solely responsible for your User Content and for ensuring that it does not violate these Terms, our Acceptable Use Policy, or any third-party right.

By submitting User Content through the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, store, display, reproduce, modify, and otherwise process your User Content as necessary to provide, operate, and improve the Service, as described in our Privacy Policy and Intellectual Property Policy. This license continues for a limited period after you delete content or your account to the extent necessary for backup, deletion, or legal compliance. We do not claim ownership of your User Content, and we do not use your User Content for advertising or to build profiles about you for sale to third parties, as described in our Privacy Policy.

10. Account Suspension and Termination

10.1 Termination by you

You may stop using the Service at any time. To delete your account and request deletion of your data, see our Data Deletion Policy. Cancellation of a subscription does not by itself delete your account; you must separately request account deletion if you want your account and data removed.

10.2 Suspension or termination by us

We may suspend or terminate your account or your access to the Service at any time, with or without notice, if we reasonably believe you have breached these Terms or our Acceptable Use Policy, for legal or regulatory reasons, or to protect the Service, other users, or us. We may also suspend or terminate where required by a third party (e.g., app store) or where we discontinue the Service or a material part of it. Where reasonable and practicable, we will give notice before taking action.

10.3 Effect of termination

Upon termination of your account or access, your right to use the Service ceases immediately. We may delete or retain your data as described in our Privacy Policy and Data Deletion Policy. We are not liable to you or any third party for any suspension or termination of your account or access. Provisions of these Terms that by their nature should survive termination (including without limitation Sections 4 (Non-Medical Disclaimer), 8 (Intellectual Property), 9 (Your Content – license to us for limited post-termination period where applicable), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law and Disputes), and 16 (General)) will survive termination.

11. Disclaimers

To the fullest extent permitted by applicable law:

  • The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.

  • We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components.

  • We do not warrant the accuracy, completeness, or usefulness of any content or feature.

  • You assume all risk for your use of the Service.

  • We are not responsible for the conduct of any user, consultant (“guru”), or third party, or for any content they provide.

  • We are not liable for any failure or delay caused by third parties (including Apple, Google, RevenueCat, or other service providers), by your device or network, or by circumstances beyond our reasonable control (including acts of God, war, terrorism, pandemics, government action, or failure of third-party systems).

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you; in such jurisdictions, our warranties are limited to the maximum extent permitted by law.

12. Limitation of Liability

To the fullest extent permitted by applicable law:

  • In no event will Heartbox LLC, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, or for any emotional distress or harm, arising out of or related to your use or inability to use the Service, your reliance on the Service for health or wellness purposes, or any other matter relating to the Service or these Terms, even if we have been advised of the possibility of such damages.

  • In no event will our total liability to you for all claims arising out of or related to these Terms or your use of the Service exceed the greater of (a) the amount you paid us (through Apple or Google) in the twelve (12) months preceding the claim, or (b) one hundred United States dollars (USD 100).

  • The limitations in this Section 12 apply regardless of the theory of liability (e.g., contract, tort, negligence, strict liability) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Heartbox LLC, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content or your conduct; (c) your violation of these Terms, our Acceptable Use Policy, or any applicable law; (d) your violation of any third-party right, including any intellectual property or privacy right; or (e) any dispute between you and any other user or third party relating to the Service or your User Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.

14. Governing Law and Disputes

Our Dispute Resolution & Arbitration Policy is incorporated by reference. It governs how disputes between you and us are resolved, including binding arbitration and a class action waiver where applicable. By using the Service, you agree to that Policy. Please read it carefully; it may affect your legal rights, including your right to bring a lawsuit in court and your right to a jury trial.

Except where prohibited by applicable law (e.g., for consumers in the European Union, United Kingdom, or other jurisdictions that do not permit the choice below): these Terms and any dispute or claim arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the federal or state courts located in the State of New York, United States, and you consent to the personal jurisdiction and venue of such courts.

If you are located in the European Union, the United Kingdom, or another jurisdiction that does not permit the choice of law or forum above, the foregoing may be modified to the minimum extent required so that the laws of your country of residence apply and any dispute may be brought in the courts of your country of residence. Nothing in these Terms limits your right to lodge a complaint with a supervisory authority where applicable law provides for such right.

15. End-User License (EULA)

Your use of the Heartbox software (the App) is also subject to the following end-user license terms:

  • License grant. We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your own device(s) for your personal, non-commercial use, in accordance with these Terms.

  • Restrictions. You may not copy, modify, distribute, sell, lease, or create derivative works of the App or any part of it. You may not reverse-engineer, decompile, or attempt to extract the source code of the App, except where applicable law expressly permits and cannot be waived. You may not remove or alter any copyright or other proprietary notices.

  • Updates. We may provide updates, patches, or new versions of the App. Your use of the App may be subject to the then-current Terms. We do not guarantee that we will support older versions indefinitely.

  • Third-party components. The App may include third-party software or content that is subject to its own license terms. Our license does not alter those terms where they apply. Your use of such third-party components is subject to their respective licenses.

The Non-Medical Disclaimer in Section 4 applies to your use of the App under this license and is a material term of the license.

16. General

  • Entire agreement. These Terms, together with the Privacy Policy, Data Deletion Policy, Subscription & Billing Terms (where applicable), Content & Wellness Disclaimer, Acceptable Use Policy, Intellectual Property Policy, Dispute Resolution & Arbitration Policy, and Child Safety & Age Restriction Policy, constitute the entire agreement between you and Heartbox LLC regarding the Service and supersede any prior agreements or understandings, whether written or oral.

  • Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent, or, if modification is not possible, severed from these Terms.

  • Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us. No course of conduct or failure to enforce shall constitute a waiver.

  • Assignment. We may assign or transfer these Terms or our rights and obligations hereunder, in whole or in part, without your consent (e.g., in connection with a merger, acquisition, or sale of assets). You may not assign or transfer these Terms or your rights or obligations without our prior written consent.

  • No third-party beneficiaries. These Terms do not confer any third-party beneficiary rights. No third party (including Apple, Google, or any user) has any right under these Terms.

  • No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Heartbox LLC.

  • Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

  • Electronic notice and communications. You consent to receive notices and communications from us electronically (e.g., by email or in-app notification). You agree that such electronic delivery satisfies any legal requirement that communications be in writing.

  • Waiver of unknown claims (where permitted). To the extent permitted by applicable law, you waive any provision of law that would otherwise limit the scope of a release of unknown claims (e.g., California Civil Code § 1542 or similar). If such a waiver is not permitted in your jurisdiction, it shall not apply, and the rest of these Terms shall remain in effect.

  • Force majeure. We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, war, terrorism, pandemics, epidemic, government action or order, labor disputes, failure or delay of third-party systems or services (including telecommunications, hosting, payment processors, or Platforms), cyberattack, natural disaster, or other causes beyond our reasonable control. During such events, our obligations may be suspended for the duration of the cause, and we will use reasonable efforts to resume performance as soon as practicable.

  • Export compliance. You may not use, export, re-export, or transfer the Service or any portion thereof in violation of United States or other applicable export control laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You are responsible for compliance with all applicable export and import laws in your jurisdiction.

17. Contact

For questions about these Terms:

  • Email: acfrank@heartbox.life

  • Privacy and data deletion: See our Privacy Policy and Data Deletion Policy.

  • Operator: Heartbox LLC

Governing law and venue: State of New York, United States. Arbitration: JAMS, New York County, New York (see Dispute Resolution & Arbitration Policy).