Terms

Hart is for planning dates. What you write is yours, and it stays private unless you publish it. If you publish it, you let us show it to everyone. Don’t post anything illegal, cruel or sexual, or anyone else’s private details. If you do, we remove it, and we may remove you. Hart suggests places; it doesn’t run them, so check before you go and look after yourself while you’re out.

This summary is here to help you read the rest. The terms below are the agreement, and they include an agreement to settle disputes by individual arbitration instead of in court (section 15). You can opt out of that within 30 days.

These terms are an agreement between you and Jinxed LLC (“Hart”, “we”, “us”), a New Jersey limited liability company. They cover the Hart app, this website, and everything else we offer under the Hart name (together, “Hart”). You accept them by ticking the box that says so in the app, and by going on using Hart after that. If you don’t agree, don’t use it.

Our privacy policy explains what we collect and who can see it. It is part of these terms.

• You must be at least 13 to use Hart. It is not for children under 13, and if we learn that someone younger has an account, we delete it.
• If you are under 18, or under the age of majority where you live, you may use Hart only with the permission of a parent or guardian. They agree to these terms on your behalf and are responsible for how you use Hart, and in these terms “you” includes them.
• You can’t use Hart if we have removed you before, or if the law where you live doesn’t allow you to.
• Your account is for you. Give an email address you control, keep your password to yourself, and tell us at support@usehart.app if you think someone else has used your account. You are responsible for what happens on it.
• Hart creates an account for you the first time you open it, and asks you to agree to these terms when you add an email to it. Until then you can’t publish anything, and if you lose your phone we can’t get that account back for you.

“Your content” means everything you put into Hart: itineraries, photos, stops and notes, your profile, planned dates and their notes, memories and ratings, and reports.

• You keep ownership. We don’t own anything you make.
• What you let us do with it. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt and display your content, only to run Hart, improve it and keep it safe. “Adapt” means technical changes: resizing, cropping and re-encoding photos, and turning text into a search index (section 7). We can let our service providers do this on our behalf, and only for that purpose.
• Who sees it depends on you. Itineraries you write are private when you write them: only you and anyone you plan a date with can see them. If you choose Everyone, you also let us show that itinerary, with its photos, stops, addresses, notes and your first name, to anyone on Hart and on the web, including on pages search engines can find. You can make it private again whenever you like.
• Ratings. Once at least three different people have rated the same itinerary, Hart shows the average without saying who gave it. You let us include your rating in that average.
• No ads with your content. We will not use your content to advertise Hart outside the app, for example in App Store screenshots or social media posts, unless you say yes first.
• When the licence ends. It ends when you delete the content or your account, with three exceptions. Copies in backups take a short while to expire. A planned date stays with the other person on it, without the itinerary. And we keep what the law requires us to keep, or what we need to deal with a report, a legal claim, or harm to someone.

Your promises. For everything you post, you promise that you have the right to post it, and to give us the licence above. That means you took the photo, or you have permission from whoever did. Anyone recognisable in a photo you publish has agreed to be in it. And posting it doesn’t break the law or anyone else’s rights. You are responsible for your content; we don’t check it before it appears.

Hart has no tolerance for objectionable content or abusive users. On Hart, don’t post, send or do any of the following:

• Anything illegal, or anything that encourages, plans or helps someone do something illegal.
• Harassment, threats, bullying or intimidation, or content that attacks people for who they are: their race, ethnicity, national origin, religion, disability, sex, gender identity, sexual orientation or age.
• Sexually explicit content, nudity, or content that sexualises anyone. Anything involving the sexual exploitation of a minor is reported to the National Center for Missing & Exploited Children, and to the police.
• Graphic violence, self-harm, or content that promotes either.
• Someone else’s private information: a home address, a phone number, where someone can be found, or a photo of a person who hasn’t agreed to be in it. That includes your own home, if you publish the itinerary. Publish venues, not residences.
• Content that infringes someone else’s copyright, trademark, privacy or publicity rights, including photos you found online.
• Spam, ads, or itineraries written to promote a business without saying so. If you own, work for or are paid by a place you include, say so in the itinerary.
• Places that don’t exist, itineraries meant to mislead, or ratings for dates you didn’t go on.
• Pretending to be someone else, or to be connected to Hart or to a business when you aren’t.
• Writing an itinerary to steer Hart’s automatic matching: instructions aimed at the model, hidden text, or anything meant to make an itinerary match what it isn’t.
• Reports you know are false, or several accounts used together to hide someone’s itinerary, to inflate saves or ratings, or to get round a removal or a block.
• Scraping, crawling or copying Hart in bulk, including its itineraries and place data. Also: getting round its rate limits or security, probing or overloading its systems, reverse-engineering the app, or using Hart to build a competing product or database.

• You can report any itinerary someone else wrote, or their profile, and block anyone whose profile you can see. Reports go to us, and the person you report never learns that you reported them.
• An itinerary that several different people report is hidden automatically until we review it. We aim to review reports within 24 hours.
• If we believe something breaks these terms or the law, or puts someone at risk, we may remove or hide it, or limit, suspend or close the account that posted it. We may do this without warning when it’s serious, and we will usually tell you why. Someone we remove may not come back under another account.
• We are not obliged to watch everything posted to Hart, and we don’t. Not removing something doesn’t mean we approve of it.
• If you think we got a decision wrong, write to support@usehart.app and we will look at it again.
• If someone is in danger, contact the emergency services first. Hart is not an emergency service.

Hart gives you ideas and helps you plan them. It doesn’t run, own, inspect or endorse any of the places, events or activities it mentions, and none of them pays to be on Hart. The places named are third parties, and we have no connection to them.

• Check before you go. Opening hours, prices, bookings, age limits, dress codes, accessibility and whether a place is still open all change, and an itinerary, ours or someone else’s, can be out of date or wrong. Check with the place.
• Look after yourself. Some dates involve drinking, walking at night, water, hikes or travel. Know your limits, drink responsibly and only if you are of legal drinking age, never drink and drive, check the weather and the conditions, and don’t go anywhere you don’t feel safe. You choose what you do, and the risks that come with it are yours.
• The people you plan with. Hart is not a dating service and does not introduce people. We don’t check who anyone is, or look into their background. Plan dates with people you know, and use your own judgement.

• Hart’s itineraries are written by us. They are our opinion of a good evening, not a promise about any place.
• Other people’s itineraries are theirs, not ours, and we don’t vouch for them.
• Third-party material. Some photos and all place data come from others under their own licences, credited on the credits page. Map and directions links open other companies’ services, under their own terms.
• Find Near Me matches itineraries to an inspiration automatically. It uses a language model run inside our database and, for the closest matches, Anthropic’s Claude, as the privacy policy explains. Automated matching makes mistakes. A match is a suggestion, not a guarantee that two evenings are alike, that a place is open, or that it suits you.

The app, this website, the Hart name and logo, and the itineraries and design we make are ours or our licensors’. We give you a personal, non-exclusive, non-transferable, revocable licence to use the app on Apple devices you own or control, for your own non-commercial use, under these terms and the App Store’s rules. Using Hart doesn’t give you any other right to our name, logo or content.

If you send us ideas or feedback, we may use them without owing you anything.

If you believe something on Hart infringes your copyright, send a notice to our designated agent:

Include:

• your physical or electronic signature;
• the work you say is infringed;
• where the material is on Hart, with a link if you have one;
• your name, address, phone number and email;
• a statement that you believe in good faith the use is not authorised by you, your agent or the law; and
• a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for the owner.

If we remove something of yours after a notice and you think it was a mistake, you can send a counter-notice under 17 U.S.C. § 512(g). We will close the accounts of people who repeatedly infringe. Knowingly misrepresenting that something infringes can make you liable for damages.

You can stop using Hart at any time, and delete your account in the app at Profile → Delete account. Deleting the app alone doesn’t delete the account. We may suspend or end your access as section 5 describes, or stop offering Hart altogether; if we close Hart, we will try to give you notice first. Sections 3 (as it applies to content already shared and the exceptions above), 6, 7, 8, 9 and 11 to 17 keep applying after this agreement ends.

Hart will change, and features may be added or removed. We may also change these terms. If a change matters, we will tell you in the app or by email before it takes effect, and the date at the top of this page will change. If you keep using Hart after that, you accept the new terms; if you don’t, delete your account. A change to section 15 never applies to a dispute we already knew about.

Hart is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We don’t promise that Hart will be uninterrupted, secure or free of errors. We also don’t promise that any itinerary, place, rating or match is accurate, current, safe or suitable for you.

To the fullest extent the law allows, Hart, its owners, employees and service providers are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill. Nor are we liable for any injury, loss or damage arising from a date, a place, an activity or another person, whether or not you found it through Hart. Our total liability for all claims relating to Hart is limited to the greater of the amount you paid us in the 12 months before the claim and US$100.

Some places don’t allow some of these limits. Where they don’t, they apply only as far as the law allows. Nothing here limits liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by our negligence, where the law does not allow that to be limited.

If someone brings a claim against us because of your content, or because you broke these terms or the law, you will cover our reasonable costs of dealing with it, including legal fees. We will tell you about the claim, and you may help defend it.

Talk to us first. If you have a dispute with us, email support@usehart.app with a description and what you want. We will do the same if we have one with you. Both sides will try in good faith to settle it for 60 days before starting anything formal.

Arbitration. If that fails, you and Hart agree that any dispute about Hart or these terms will be decided by binding individual arbitration, not in court. The arbitration is run by the American Arbitration Association under its Consumer Arbitration Rules, and the Federal Arbitration Act governs this section. A hearing, if there is one, will be held where you live, or by video. We will pay the filing, administration and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous.

Exceptions. Either side may bring an individual claim in small-claims court instead. Either side may also go to court to stop infringement or misuse of its intellectual property, or unauthorised access to Hart.

No class actions. You and Hart may bring claims only individually, not as a plaintiff or class member in any class, collective or representative proceeding. You and Hart each give up the right to a jury trial. The arbitrator may not combine claims of more than one person.

Opting out. You can opt out of this section by emailing support@usehart.app within 30 days of first accepting these terms. Include your name and the email on your account, and say that you opt out of arbitration. Opting out changes nothing else in these terms.

If the class-action waiver is found unenforceable for a claim, that claim goes to court, not arbitration. The rest of this section stays in effect.

Law and courts. These terms are governed by the laws of New Jersey, and federal law where it applies, without regard to conflict-of-law rules. A dispute that goes to court, and is not in small-claims court, will be heard in the state or federal courts in New Jersey. Where the law of your country or state gives you protections that can’t be waived by agreement, nothing here takes them away.

If you got Hart from the App Store, these terms are between you and us, not Apple.

• We, not Apple, are responsible for Hart and its content, and for supporting and maintaining it. Apple has no obligation to do either.
• If Hart fails to meet a warranty that applies to it, you may tell Apple, and Apple may refund the price you paid for it, if any. To the extent the law allows, Apple has no other warranty obligation for Hart.
• We, not Apple, are responsible for any claim about Hart. That includes product liability, a failure to meet a legal or regulatory requirement, and consumer protection or privacy law.
• If anyone claims that Hart or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not in a country subject to a U.S. Government embargo or designated as supporting terrorism, and not on any U.S. Government list of prohibited or restricted parties.
• You must also follow any third-party terms that apply when you use Hart, such as your mobile carrier’s.
• Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple may enforce them against you.

These terms, with the privacy policy, are the whole agreement between you and us about Hart. If a court finds part of them unenforceable, the rest still applies. If we don’t enforce something straight away, we haven’t given up the right to. You can’t transfer these terms to someone else. We may transfer them if Hart is reorganised, merged or sold. We aren’t responsible for delays or failures caused by things outside our reasonable control. We may send you notices by email or in the app; you agree those count as being in writing.

Hart is operated by Jinxed LLC, a New Jersey limited liability company. Questions about these terms, and legal notices to us, go to support@usehart.app.