Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Heart AI Inc. ("HearHeart", "we", "us"), the operator of heartplay.live and related applications (the "Service"). By creating an account, purchasing Coins, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Please read Section 14 (Binding Arbitration and Class Action Waiver) carefully. It affects how disputes between you and us are resolved.

1. Who we are

• Company: Heart AI Inc.
• Address: 409, 123 Digitallo 26-gil, Guro-gu, Seoul, Republic of Korea
• Business registration number: 142-86-02723 · Mail-order sales registration: 2024-Seoul Guro-0264
• Representative: Seunggyu Kang
• Support: help@hearheart.com

The Service is operated from the Republic of Korea. Content, prices and availability may differ by region.

2. Eligibility and accounts

1. You must be at least 13 years old to create an account. We do not knowingly collect personal information from children under 13. See our Minors Policy.
2. If you are under the age of majority in your state, you may use the Service only with the involvement of a parent or legal guardian, and only that parent or guardian may authorize a purchase. A purchase made by a minor without such authorization may be cancelled by the parent or guardian in accordance with applicable law.
3. You are responsible for the accuracy of your registration information and for all activity under your account, including keeping your credentials confidential. Notify us immediately at help@hearheart.com if you believe your account has been compromised.
4. One person may not maintain multiple accounts for the purpose of obtaining promotional benefits more than once.
5. You may close your account at any time from My Account. Closing your account does not entitle you to a refund except as described in our Refund & Cancellation Policy.

3. The Service and digital content

1. The Service provides access to digital content, including audio works, animated works, images and live broadcasts, some of which are provided by third-party creators.
2. Content you purchase is licensed, not sold. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to stream and view the content through the Service for personal, non-commercial use.
3. You may not download (except where a download feature is expressly provided), copy, record, screen-capture for redistribution, reverse engineer, resell, sublicense, publicly perform, or create derivative works from the content.
4. Content availability may change. Titles may be removed when a license with a creator or rights holder ends. Where a title you have purchased is removed, we will keep it available to you in your library for as long as we are able to do so; if we are unable to, we will notify you and, where required by law, provide a remedy under the Refund & Cancellation Policy.

4. Coins

1. Coins are a prepaid, limited-use virtual item used to obtain content within the Service. Coins have no value outside the Service, are not legal tender, are not a stored-value or money-transmission instrument, cannot be transferred between accounts, and cannot be exchanged for cash except as expressly stated in the Refund & Cancellation Policy or as required by law.
2. Paid Coins purchased with money are valid for five (5) years from the date of purchase.
3. Top-up Bonus Coins are additional Coins granted with a purchase. They are valid for 30 days from the date they are granted and expire automatically. They are a benefit attached to the related purchase and are not separately refundable.
4. Promotional Coins granted for free through events, marketing or rewards have no monetary value, may expire, and are not refundable.
5. When you spend Coins, Bonus Coins are deducted before Paid Coins.
6. Expiration dates are shown in My Account > Coin History. We may notify you of upcoming expirations in the Service or by email.
7. We may adjust or reclaim Coins credited in error, obtained through fraud, chargeback abuse, unauthorized payment instruments, or exploitation of a defect.

5. Purchases, subscriptions and automatic renewal

1. Prices are displayed before you complete a purchase, in the currency shown at checkout. You authorize us and our payment processor to charge your selected payment method for the amount shown, including applicable taxes.
2. Subscriptions renew automatically. Unless you cancel, your subscription renews at the end of each billing period (monthly, or the period shown at checkout) and your payment method is charged the then-current price. If a billing date does not exist in a given month, you are billed on the last day of that month.
3. If a renewal payment fails, we may retry the charge for up to one month. If it still fails, the subscription is cancelled automatically.
4. You may cancel at any time in My Account > Coin History, with no cancellation fee and without contacting support. Cancellation takes effect at the end of the current billing period; you keep access until then. See the Refund & Cancellation Policy for what is and is not refundable.
5. If you change plans mid-period, the new plan and its charge take effect immediately and replace the existing plan for the remainder of the period.
6. We may change prices. We will notify you before a price change applies to your subscription, and the change will take effect no earlier than your next billing period. You may cancel before it takes effect.
7. You are responsible for keeping your payment information current. Using another person's payment instrument without authorization is prohibited and may be reported.

6. Refunds

Refund eligibility, the effect of using Bonus Coins, and how to request a refund are described in the Refund & Cancellation Policy, which forms part of these Terms.

7. Acceptable use and community rules

You agree not to, and not to allow others to:

1. Post or transmit content that is abusive, harassing, defamatory, discriminatory, or promotes hatred or violence against individuals or groups.
2. Post sexual content involving minors or anyone appearing to be a minor, or any content that violates applicable obscenity or child-protection laws. We report suspected child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) as required by 18 U.S.C. § 2258A.
3. Infringe the intellectual property, publicity or privacy rights of others. See our Copyright & DMCA Policy.
4. Post advertising, spam, or solicitations, or use the Service to distribute malware.
5. Circumvent access controls, scrape, use bots, exploit defects, or otherwise interfere with the normal operation or security of the Service.
6. Abuse promotions, coupons, gifts, referrals or Coins, including by creating multiple accounts.
7. Impersonate another person or misrepresent your affiliation.

We may remove, restrict access to, or relocate user content that violates these rules. Depending on severity and repetition we may issue a warning, suspend access for a period, or terminate the account. Serious violations may be actioned immediately and without prior notice. If you believe an action was taken in error, you may appeal to help@hearheart.com; we will review and respond within a reasonable period.

Where we detect fraudulent payment, misuse of Coins or coupons, exploitation of vulnerabilities, or other abuse, we may restrict the account and reverse the benefit obtained.

8. User content and creator content

1. You retain ownership of content you submit (such as comments, reviews and chat messages). You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display and distribute that content for the purpose of operating, promoting and improving the Service.
2. You represent that you have all rights necessary to grant that license and that your content does not violate Section 7 or any law.
3. Content supplied by creators remains the property of the creator or its licensors. Nothing in these Terms transfers ownership of any content to you.
4. We are not obligated to monitor user content, but we may do so. We may preserve content and disclose it if required by law or to protect the rights, property or safety of any person.

9. Live broadcasts, chat and donations

1. Live broadcasts and chat are subject to Section 7. Messages may be filtered or removed automatically or by moderators.
2. Donations made to a broadcaster using Coins are voluntary, are consumed at the moment they are sent, and are not refundable, except where required by law or where the transaction was unauthorized.
3. Promotional Coins may not be usable for donations. The Service indicates which balance is eligible before you confirm.

10. Service availability and changes

We aim to keep the Service available continuously, but we may suspend or limit it for maintenance, technical problems, security incidents, or events beyond our reasonable control. We may add, change or discontinue features. If we discontinue a paid feature you have already paid for, we will provide a remedy in accordance with the Refund & Cancellation Policy.

11. Suspension and termination

We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. If we terminate your account for breach, unused Coins may be forfeited to the extent permitted by applicable law. You may terminate at any time by closing your account.

12. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEART AI INC. AND ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THESE LIMITS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

14. Dispute resolution — informal resolution, arbitration, class action waiver

1. Informal resolution first. Before starting a formal proceeding, you agree to contact us at help@hearheart.com with a short description of the dispute and the relief you seek. We will try to resolve it within 60 days.
2. Arbitration. If we cannot resolve the dispute informally, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in the county where you reside or by videoconference or on documents, at your election.
3. Class action waiver. Disputes will be arbitrated only on an individual basis. You and we waive the right to participate in a class, collective, consolidated or representative action.
4. Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.
5. Opt-out. You may opt out of this arbitration agreement by emailing help@hearheart.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
6. Governing law. These Terms are governed by the laws of the Republic of Korea, without regard to conflict-of-laws rules, except that the enforceability of this Section 14 is governed by the U.S. Federal Arbitration Act. Nothing in this paragraph deprives you of the protection of mandatory consumer-protection provisions of the law of the state where you reside.

15. Changes to these Terms

We may update these Terms. If a change is material, we will provide notice in the Service or by email at least 30 days before it takes effect, except where a shorter period is required for legal or security reasons. Changes do not apply retroactively to a dispute that arose before the change. If you do not agree to a change, you may stop using the Service and close your account before the effective date.

16. Miscellaneous

1. These Terms, together with the Privacy Policy, Refund & Cancellation Policy, Copyright & DMCA Policy and Minors Policy, are the entire agreement between you and us regarding the Service.
2. If a provision is held unenforceable, the remaining provisions stay in effect.
3. Our failure to enforce a provision is not a waiver of it.
4. You may not assign these Terms. We may assign them in connection with a merger, acquisition or sale of assets.
5. Contact: help@hearheart.com.