Terms of Service

1. Acceptance of Terms

By creating an account or using HeartTold ("the Service"), you agree to these Terms of Service and to the terms of all third-party providers listed in Section 11. If you do not agree to any of these terms, do not use the Service. These terms apply to all users in the United States, United Kingdom, and Australia.

2. Description of Service

HeartTold provides an AI-assisted platform for recording, preserving, and sharing family stories through guided interviews and memoir generation. The Service acts as an integration layer connecting your content to third-party AI, storage, and payment infrastructure. HeartTold does not own or operate the underlying AI models, databases, or payment systems — these are provided by independent third parties whose terms apply directly to you.

3. Account Registration

You must provide accurate information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must be at least 16 years old to use HeartTold.

4. Subscriptions and Payment

HeartTold offers a free tier and paid subscription plans. Paid features are billed through Stripe on a recurring basis. Subscriptions auto-renew unless cancelled before the renewal date. All payments are in USD unless otherwise specified.

Payment processing is handled exclusively by Stripe, Inc. HeartTold does not store, process, or have access to your full payment card details. Your payment data is governed by Stripe's Services Agreement and Stripe's Privacy Policy. HeartTold accepts no liability for payment processing errors, failures, or disputes — these are the responsibility of Stripe.

Refunds are provided at our discretion within 14 days of initial purchase if the Service has not been substantially used. Contact hello@hearttold.com to request a refund.

5. Your Content

You retain ownership of all stories, recordings, and content you create using HeartTold ("Your Content"). By using the Service, you grant HeartTold a limited, non-exclusive licence to process Your Content solely for the purpose of providing the Service to you — specifically, to pass Your Content to third-party AI and storage providers as described in Section 11.

We do not use Your Content to train AI models. We do not sell Your Content. We do not share Your Content with any party except those listed in Section 11 who are necessary to operate the Service.

You acknowledge that by using HeartTold, your interview content and memoir text will be transmitted to Anthropic's Claude API for processing. This transmission is governed by Anthropic's terms. HeartTold is not responsible for how Anthropic handles data within its own systems beyond what Anthropic's published policies state.

6. Acceptable Use

You agree not to:

• Upload content that is illegal, defamatory, or infringes on third-party rights.
• Use the Service to harass, abuse, or harm others.
• Attempt to reverse engineer, scrape, or circumvent the Service.
• Share login credentials or use the Service on behalf of others without authorisation.
• Misrepresent your identity or affiliation.

7. AI-Generated Content

Memoir and story content is generated by Anthropic's Claude AI based on your input. HeartTold does not author, review, or guarantee this content. AI-generated content may contain errors, omissions, hallucinations, or stylistic choices you disagree with. You are responsible for reviewing and editing AI-generated memoirs before sharing or publishing them.

HeartTold accepts no liability for inaccuracies, errors, or any harm arising from AI-generated content. The accuracy and appropriateness of AI output is the responsibility of Anthropic as the AI provider, subject to its published terms and acceptable use policies.

8. Intellectual Property

The HeartTold platform, including its design, code, and trademarks, is owned by HeartTold. Nothing in these Terms transfers ownership of platform IP to you. Your Content remains yours. AI-generated memoir output is assigned to you upon creation.

9. Termination

You may close your account at any time from Settings → Account → Delete Account. Upon deletion, your data is removed from HeartTold's systems within 30 days. Deletion from third-party provider systems (e.g., Supabase storage) is subject to those providers' retention practices.

We may suspend or terminate your account if you breach these Terms, with or without notice depending on severity. Paid subscriptions are not refunded upon termination for cause.

10. Disclaimer and Limitation of Liability

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

HeartTold's liability is strictly limited as follows:

• HeartTold is not liable for any data loss, unauthorised access, or data breach caused by or occurring within third-party provider systems, including Supabase, Anthropic, OpenAI, Stripe, Railway, Vercel, PostHog, or Resend.
• HeartTold is not liable for the unavailability, degraded performance, or failure of any third-party service.
• HeartTold is not liable for inaccuracies, errors, or unintended outputs produced by AI systems operated by Anthropic or OpenAI.
• HeartTold is not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of data, loss of revenue, or loss of business opportunity.
• HeartTold's total aggregate liability to you, for any and all claims arising from your use of the Service, shall not exceed the greater of (a) the total fees you paid to HeartTold in the 12 months preceding the claim, or (b) AUD $100 / USD $100 / GBP £100.

Third-party liability: To the maximum extent permitted by applicable law, liability for data storage integrity, data breach, and privacy compliance rests with the respective infrastructure provider: Supabase, Inc. for database and file storage; Anthropic, PBC for AI processing; Stripe, Inc. for payment data; and other providers as listed in Section 11. HeartTold expressly disclaims liability for the acts or omissions of these providers.

Nothing in these Terms excludes liability that cannot be lawfully excluded, including (a) under Australian Consumer Law, (b) under the UK Consumer Rights Act 2015, or (c) for fraud or personal injury caused by negligence.

11. Third-Party Providers and Their Terms

By using HeartTold, you acknowledge that your data is processed by the following third-party providers, each operating under their own terms of service and privacy policies. HeartTold is not a party to your relationship with these providers and accepts no liability for their acts, omissions, service failures, or data handling practices. You are encouraged to review each provider's terms:

HeartTold will notify you of any material changes to the list of third-party providers by updating these Terms and emailing registered users.

12. Indemnification

You agree to indemnify, defend, and hold harmless HeartTold and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any third party's rights.

To the maximum extent permitted by law, you also acknowledge that HeartTold's aggregate liability in respect of any claim relating to a third-party provider's service is limited to facilitating your direct engagement with that provider's complaint, dispute, or legal process.

13. Governing Law

These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Users in the UK and Australia also have protections under their applicable consumer laws that these Terms do not override.

14. Changes to These Terms

We may update these Terms with reasonable notice. We will email registered users and update the "Last updated" date above. Continued use of the Service after the effective date constitutes acceptance.

Technology and provider changes: HeartTold reserves the right to change, replace, or discontinue any third-party technology provider, infrastructure platform, or underlying software stack at any time without prior notice, provided that such changes do not materially reduce the functionality of the Service or result in a reduction of your data security. If we replace a core provider (such as our database, AI, or payment processor) with a different provider, we will update these Terms and the list in Section 11 accordingly, and notify registered users by email within 30 days of the change taking effect. Your continued use of the Service following any such change constitutes acceptance of the updated Terms. If you do not agree to a material change in provider, you may cancel your subscription and request a pro-rata refund for the unused portion of any paid billing period.

15. Contact

Questions about these Terms: legal@hearttold.com

Note for HeartTold team: These Terms have been drafted to maximise third-party liability transfer to the extent permitted by law in the US, UK, and Australia. Independent legal review is strongly recommended before commercial launch, particularly regarding consumer protection obligations under Australian Consumer Law and the UK Consumer Rights Act, which impose non-excludable guarantees that override some of the limitations above.