Terms of Service

1. The Service

HeartMee lets hosts create event pages where guests can upload photos, videos, audio, and written messages, and lets hosts moderate, display, and order products based on that content. Features and limits depend on the plan you choose (Free, Silver, or Gold).

2. Accounts

Hosts must create an account to manage an event. You are responsible for activity under your account and for keeping your login secure. Guests may contribute to an event without an account.

3. Acceptable Use

You agree not to upload or share content that:

• Is unlawful, infringing, or violates the rights of others;
• Is sexually explicit, graphically violent, or otherwise prohibited by our moderation policy;
• You do not have the right to share, including content of other people without an appropriate basis to post it.

4. Your Content

You retain ownership of the content you upload. You grant HeartMee a limited license to store, process, moderate, and display that content for the purpose of operating the service and providing the products you request. You are responsible for the content you and your guests upload, and for having any necessary permissions from people who appear in it.

5. Plans, Pricing, and Payments

Plan prices are shown at checkout in U.S. dollars and are charged through our payment processor, Stripe. When you upgrade from Silver to Gold, the amount you already paid for Silver is credited toward Gold. The storage-extension is a recurring monthly subscription that renews until you cancel it; cancelling stops future renewals but does not retroactively refund past months.

6. Refund Policy

Because event pages and storage are provisioned as soon as you purchase, sales are generally final. As an exception, we will issue a refund for a plan purchase only if BOTH of the following are true: (1) the event has been cancelled, and (2) no media has been uploaded to the event. Once any photo, video, audio, or message has been uploaded, the purchase is non-refundable. Recurring storage-extension charges already billed are non-refundable; cancel before your renewal date to avoid the next charge. To request a refund under this policy, contact us at the address below with your event details.

7. Storage Expiry and Deletion

Media is retained based on your plan, measured from the event date, after which the event enters a grace period and may then be permanently deleted unless storage is extended. You are responsible for downloading any content you wish to keep before deletion. Deletion is permanent and cannot be reversed.

8. Moderation and Removal

We use automated moderation to keep prohibited content out of public galleries, and we may remove content or suspend events that violate these Terms. Hosts also control the visibility of content on their event pages.

9. Disclaimers

HeartMee is provided "as is" without warranties of any kind. We do not guarantee that the service will be uninterrupted, error-free, or that content will be preserved beyond the retention periods described in these Terms and our Privacy Policy.

10. Limitation of Liability

To the maximum extent permitted by law, HeartMee will not be liable for indirect, incidental, or consequential damages, or for loss of data or content. Our total liability for any claim relating to the service will not exceed the amount you paid us in the twelve months before the claim.

11. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Governing law. These Terms and any dispute arising out of or relating to them or to the service are governed by the laws of the State of Oregon, United States, without regard to its conflict-of-law rules. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

Step 1: Informal resolution (required). Before starting arbitration or any court proceeding, the party raising a dispute must send the other a written notice describing the dispute, the relief requested, and the account or event involved (a "Dispute Notice"). Send notices to HeartMee at the contact email below with the subject line "Dispute Notice"; we will send notices to the email address on your account. A Dispute Notice must be personally signed by the person raising the dispute (and by that person's attorney, if any) and cannot be a form or template notice. The parties agree to negotiate in good faith for sixty (60) days after the notice is received, which may include a phone or video conference on request. All applicable limitation periods are paused during this sixty-day period. Arbitration or a small-claims case may be started only after this period ends.

Step 2: Optional mediation. During or after the informal period, either party may propose non-binding mediation in Washington County, Oregon (or by video conference). Mediation takes place only if both parties agree in writing; its cost is shared equally unless the parties agree otherwise; and it is confidential.

Step 3: Binding individual arbitration. Except for the matters listed under "Exceptions" below, any dispute, claim, or controversy between you and HeartMee arising out of or relating to these Terms, the service, your event, or any content, whether based in contract, tort, statute, fraud, or any other legal theory, and whether it arose before or after these Terms took effect, will be resolved exclusively by final and binding arbitration before a single neutral arbitrator, rather than in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at www.adr.org). If the AAA is unavailable, the parties will agree on another established arbitration provider or ask the Washington County Circuit Court to appoint one. The arbitrator, and not any court, has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that only a court may decide whether the Class Action Waiver below is enforceable.

Procedure and cost. The seat of arbitration is Washington County, Oregon. To keep costs low for everyone, claims seeking $25,000 or less (excluding attorney fees) will be decided on the written submissions without an in-person hearing unless the arbitrator finds a hearing necessary, and any hearing will be held by video conference unless the arbitrator orders otherwise or both parties agree to meet in person in Washington County, Oregon. Payment of filing, administrative, and arbitrator fees is governed by the AAA rules; for claims you bring that seek $10,000 or less, HeartMee will pay any AAA filing fee that exceeds the equivalent court filing fee, and will pay the remaining AAA fees, unless the arbitrator finds that your claim was filed for purposes of harassment or is frivolous, in which case fees are allocated under the AAA rules. Each party pays its own attorney fees and costs unless applicable law or the AAA rules provide otherwise. The arbitrator may award only individual relief and only to the extent a court could, must follow these Terms and applicable law, and must issue a brief written decision. Judgment on the award may be entered in any court with jurisdiction.

Coordinated filings. If twenty-five (25) or more Dispute Notices or arbitration demands raising similar issues are brought by or with the help of the same law firm or group of coordinated firms within ninety (90) days, they will be resolved in staged batches: the parties will each select ten (10) demands to proceed first as bellwether cases; no fees are due on the remaining demands, and their limitation periods are paused, until the bellwether cases conclude; after that, the parties will mediate the remaining demands in good faith for sixty (60) days, and if they are not resolved, they will proceed in further batches of no more than one hundred (100). A court in Washington County, Oregon may enforce this paragraph.

Exceptions. Either party may (a) bring an individual claim in the small-claims department of the Washington County Circuit Court if it qualifies and stays there on an individual basis, and (b) seek a temporary restraining order, preliminary injunction, or other equitable relief in court to stop unauthorized use of the service or infringement or misuse of intellectual property, privacy, or content rights.

CLASS ACTION AND JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND HEARTMEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (EXCEPT AS PROVIDED UNDER "COORDINATED FILINGS") OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. TO THE EXTENT PERMITTED BY LAW, EACH PARTY ALSO WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY CLAIM THAT PROCEEDS IN COURT. If a court decides that this Class Action Waiver cannot be enforced as to a particular claim or request for relief, then that claim or request (and only that one) will be severed from arbitration and heard in the courts named below, while all other claims proceed in individual arbitration; in no event will any class, collective, or representative claim be arbitrated.

Your right to opt out. You may reject this arbitration agreement by emailing us at the contact address below with the subject line "Arbitration Opt-Out", your name, and the email address on your account, within thirty (30) days after you first accept these Terms. Opting out does not affect any other part of these Terms, including the Class Action Waiver to the extent enforceable in court, and does not undo any prior arbitration agreement.

Courts and venue. Any claim that is not subject to arbitration (including claims by a party that opted out, claims severed under the Class Action Waiver, and actions to compel arbitration or to confirm, modify, or vacate an award) must be brought exclusively in the Circuit Court of the State of Oregon for Washington County, located at 145 NE 2nd Avenue, Hillsboro, Oregon 97124, or, for claims that must be heard in federal court, in the United States District Court for the District of Oregon. You consent to the personal jurisdiction of those courts and waive any objection to that venue.

Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the service must be filed within one (1) year after it accrues, or it is permanently barred.

Changes and survival. If HeartMee changes this section after you accept these Terms, you may reject the change by opting out as described above within thirty (30) days of the change, in which case the version you previously accepted continues to apply. This section survives termination of your account or these Terms. If any part of this section, other than the Class Action Waiver, is held invalid or unenforceable, that part will be severed and the rest remains in full force.

Nothing in this section limits any rights you may have under mandatory consumer-protection laws of the country or state where you live, including in Mexico, that cannot be waived by agreement.

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above. Your continued use of the service after changes take effect constitutes acceptance of the updated Terms.