Terms of Service

Heartnest Terms of Service — private beta draft

Last updated: [TBC: date] · Version: [TBC: v0.1]

1. About these terms

These terms are an agreement between you and [TBC: son E's legal name / company name] ("we", "us") about your use of Heartnest. By ticking the box to agree when you sign up, you accept them. Our Privacy Policy explains how we handle your data and forms part of these terms.

2. Eligibility: 18 and over only

• You must be 18 or older to sign up for and use Heartnest. When you sign up, you need to confirm that you are 18 or older.
• Heartnest is currently only available to people living in the United Kingdom, the United States and China. You must choose your country truthfully (it determines safety information such as crisis helplines).
• Sign-up may require an invite code in some markets or when the invite gate is enabled. When an invite code is used, it can be used only once and must not be transferred or sold.
• If we have reason to believe you are under 18, we may limit features (for example, allow only friend mode), ask you to confirm your age, or close your account. [TBC: before public launch, we will confirm your age through third-party age verification.]
• Companion chatbots may not be suitable for some minors.

3. Mia is an AI

• Mia is an artificial intelligence, not a person. Mia's replies are generated automatically by a computer. Her "backstory" (for example, where she lives, her job, her pets) is a fictional character setting.
• Mia cannot meet you, call you or text you, and does not need your contact details.
• AI makes mistakes and may say things that are inaccurate, inappropriate or inconsistent. Do not rely on Mia for important decisions.
• We remind you that Mia is an AI at the start of each conversation and after a period of continuous use.

4. Mia is not therapy and not an emergency service

• Mia is not a therapist, counsellor, doctor or any other professional. Mia does not give medical, psychological, legal or financial advice and cannot diagnose or treat any condition.
• Mia cannot replace support from real people or professional help.
• If your life is in danger or you might harm yourself or someone else, call emergency services now (China 110 / 120, UK 999, US 911), or contact a crisis line: in China, psychological assistance 12356 (pending lawyer review); in the UK, Samaritans on 116 123 (free, 24/7); in the US, the 988 Suicide & Crisis Lifeline (call or text).
• Mia shows helpline information when it detects crisis language, but detection can never be fully accurate. See our Crisis Protocol.
• We do not contact emergency services on your behalf, and we cannot know your location.

5. Relationship settings and content limits

• You can choose for Mia to chat with you as a friend or as a Romantic Partner. The Romantic Partner setting can be warm, affectionate and flirtatious, but contains no sexual or explicit content.
• In either setting, Mia will not generate pornographic or sexually explicit content, and will not take part in any romantic or sexual scenario involving minors (including "age play" and teacher–student role-play).
• If our system thinks a user may be under 18, Mia will only chat as a friend.

6. Acceptable use

You agree not to:

1. try to make Mia generate sexual or explicit content, or any sexualised content involving minors;
2. try to bypass, break or test our safety measures ("jailbreaking", prompt injection, pretending to be a developer, etc.), unless we have invited you in writing to take part in safety testing;
3. use Heartnest to plan or help with harming others, stalking, harassment, fraud or any illegal activity;
4. enter other people's sensitive personal information (for example, ID numbers, bank card numbers, someone else's health information) unless you are entitled to do so;
5. impersonate others, register multiple accounts to get around restrictions, or transfer or sell your account or invite code;
6. access the service with automated tools (bots, scrapers), reverse-engineer it, send excessive requests or interfere with its operation;
7. use Mia's output to train other AI models;
8. present Mia's output as human-written in order to mislead others.

7. Your content

• You keep whatever rights you have in the messages you send. You give us a limited licence to process your content as necessary to provide, maintain and keep the service safe (including processing by a third-party AI model provider (accessed via API), located in the United States — see the Privacy Policy).
• We do not use your chat content to train our own models.
• Mia's replies are provided to you "as is" for your personal use.

8. Private beta

• The private beta may be unstable and may change; features may be modified or removed, and data may need to be reset (we will give notice in advance and offer an export).
• The private beta is [TBC: free]. We will ask for your feedback; we may use any feedback you give us freely.

9. Suspension and termination

• You can delete your account at any time in Settings. This deletes your data (see the Privacy Policy).
• We may suspend or terminate your account if you breach these terms (in particular sections 2, 5 and 6), if we reasonably believe you are under 18, if your use creates a risk to you or others, or if the law requires it. Where practical, we will explain why and give you a chance to export your data.
• We may end the private beta or stop providing the service at any time; if we do, we will give at least [TBC: 30] days' notice and offer a data export.
• Sections 4, 7, 10, 11 and 12 continue to apply after termination.

10. Disclaimer

[TBC – to be rewritten by a lawyer under UK consumer law and US state laws] To the fullest extent permitted by law, the service is provided "as is" and "as available". We do not promise that the service will be uninterrupted or error-free, or that Mia's replies will be accurate, complete or fit for any particular purpose. Nothing in these terms excludes or limits any liability that cannot be excluded or limited by law, or your statutory rights.

11. Limitation of liability

[TBC – to be rewritten by a lawyer]

• We do not exclude or limit: liability for death or personal injury caused by our negligence; liability for fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by law (including the statutory rights of UK consumers).
• Subject to that, we are not liable for indirect or consequential losses arising from the service, and our total liability to you is limited to [TBC: the amount you paid us in the previous 12 months, or £100 / US$100, whichever is higher].
• California users: this section does not affect any rights you may have under California Business and Professions Code section 22605 (SB 243).

12. Governing law and disputes

[TBC – placeholder, to be decided by a lawyer]

• Governing law: [TBC: the law of England and Wales].
• If you are a UK consumer, you can bring proceedings in the courts of [TBC: England and Wales / Scotland / Northern Ireland] where you live, and you keep the mandatory protections of the law where you live.
• If you are a US user: [TBC: governing law / dispute resolution / whether arbitration and a class-action waiver apply — to be assessed by a US lawyer; the interaction between the SB 243 private right of action and any arbitration clause needs particular attention].

13. Changes

We may change these terms. We will notify you in Heartnest before important changes take effect; if you do not agree, you can delete your account.

14. Contact

support@heartnest.app · [TBC: postal address]