Terms of Service

Company: Wagmin Consulting Ltd (trading as Open Heart) Website: www.myopenheart.co Generated: April 7, 2026 Applicable Regulations: GDPR, CCPA, COPPA (age gate), Australian Consumer Law, UK Consumer Rights Act 2015, PIPEDA (Canada)

Open Heart Terms of Service

Last Updated: April 7, 2026

Effective Date: April 7, 2026

Acceptance of Terms
Description of Service
User Accounts
Privacy and Data
Subscription and Payments
User Content and Encryption
AI Features and Data Processing
Crisis Resources Disclaimer
Acceptable Use
Intellectual Property
Disclaimers and Limitation of Liability
Termination and Account Deletion
Dispute Resolution
Changes to Terms
Contact Information

1. Acceptance of Terms

Plain English Summary: By downloading Open Heart or creating an account, you agree to these terms. You need to be at least 18 years old to use the app. If you do not agree with any part of these terms, please do not use Open Heart.

1.1 Agreement to Terms

By downloading, installing, accessing, or using the Open Heart mobile application ("App") or any associated services (collectively, the "Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms and policies referenced herein. These Terms constitute a legally binding agreement between you and Wagmin Consulting Ltd, a company registered in England and Wales, trading as Open Heart ("Open Heart," "Company," "we," "us," or "our").

1.2 Acceptance Methods

You accept these Terms by:

(a) Creating an Open Heart account;
(b) Downloading or installing the App from the Apple App Store or Google Play Store;
(c) Accessing or using any part of the Service; or
(d) Clicking "I Agree" or a similar button when presented with these Terms.

1.3 Age Requirement

The Service is intended for adults aged eighteen (18) years and older who are in committed relationships. By using the Service, you represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen (18), you may not use the Service under any circumstances. We do not knowingly collect personal information from anyone under the age of eighteen (18). If we learn that we have collected personal information from a person under eighteen (18), we will delete that information promptly.

1.4 Authority

If you are using the Service on behalf of another person, you represent and warrant that you have the authority to bind that person to these Terms, and by using the Service, that person agrees to be bound by these Terms.

1.5 Current Version

The current version of these Terms is always available at www.myopenheart.co/terms. It is your responsibility to review these Terms periodically.

2. Description of Service

Plain English Summary: Open Heart is a couples communication app that helps you and your partner check in with each other regularly, journal privately, and have better conversations. It is a relationship wellness tool, not a substitute for professional therapy or counseling.

2.1 Overview

Open Heart is a privacy-first mobile application designed to support communication between partners in committed relationships. The Service provides tools including, but not limited to:

Weekly Check-Ins: Structured relationship check-ins where both partners respond independently before a simultaneous reveal of answers;
Solo Journaling: A private journaling mode for individual reflection;
AI Conversation Starters: Artificially intelligence-generated prompts and conversation suggestions designed to facilitate meaningful dialogue between partners;
Repair Check-Ins: Guided check-ins designed for navigating conflict resolution;
Therapist Export: The ability to export anonymized or selected check-in data for sharing with a licensed therapist or counselor; and
Crisis Resources: Automated detection of keywords related to self-harm or abuse, with region-aware links to crisis hotlines and support resources.

2.2 Not a Healthcare or Therapy Service

Open Heart is not a medical device, therapy service, counseling platform, crisis intervention service, or substitute for professional mental health care. The Service is a relationship wellness and communication tool only. Nothing within the Service should be interpreted as medical advice, psychological advice, or a professional therapeutic intervention. If you are experiencing a mental health emergency, please contact your local emergency services (such as 911 in the United States) or a crisis hotline immediately.

2.3 Service Availability

We strive to maintain the Service's availability at all times, but we do not guarantee uninterrupted, timely, secure, or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, subject to applicable law.

2.4 Geographic Availability

The Service is initially available in the United States, United Kingdom, Canada, and Australia. We may expand availability to additional regions at our discretion. Crisis resource features are currently configured for hotlines in ten (10) supported countries, and may not provide locally relevant resources in unsupported regions.

2.5 Platform Availability

The App is available for iOS and Android devices. Specific device, operating system, and software requirements may change over time. We are not responsible for the performance of third-party hardware, operating systems, or network connections required to access the Service.

3. User Accounts

Plain English Summary: You need an account to use Open Heart. Keep your login details safe, and keep your recovery phrase somewhere secure. We cannot help you recover your encrypted data if you lose your recovery phrase. That is the trade-off for the level of privacy we provide.

3.1 Account Registration

To access the full functionality of the Service, you must create an account by providing a valid email address and creating a password. Account authentication is managed through Firebase Authentication. You agree to:

(a) Provide accurate, current, and complete information during registration;
(b) Maintain and promptly update your account information to keep it accurate, current, and complete;
(c) Maintain the security and confidentiality of your login credentials; and
(d) Accept responsibility for all activities that occur under your account.

3.2 Account Security

You are solely responsible for safeguarding your account credentials, including your password and any biometric authentication configured on your device. You must notify us immediately at security@myopenheart.co if you become aware of any unauthorized access to or use of your account.

3.3 Recovery Phrase

Upon account creation, you will be provided with a recovery phrase that serves as the backup for your encryption keys. You are solely responsible for securely storing your recovery phrase. Due to our end-to-end encryption architecture, Open Heart cannot access, recover, reset, or reconstruct your encryption keys. If you lose your recovery phrase and lose access to your authenticated devices, your encrypted data will be permanently irrecoverable. Open Heart bears no liability for data loss resulting from a lost recovery phrase.

3.4 Biometric Authentication

The App supports device-level biometric authentication (such as Face ID, Touch ID, or fingerprint recognition) as an additional security layer. Biometric data is processed entirely on your device by the operating system and is never transmitted to or stored by Open Heart.

3.5 One Account Per Person

Each individual may maintain only one (1) Open Heart account. Shared or joint accounts between partners are not supported; each partner must create their own individual account and link to one another within the App.

3.6 Account Sharing

You may not share your account credentials with any other person, including your partner. Your account is personal to you and may not be transferred to another individual.

4. Privacy and Data

Plain English Summary: Your privacy is our foundation. Journal entries are encrypted on your device before they ever leave it, and we genuinely cannot read them. We collect only the minimum data needed to run the service. Our full Privacy Policy has all the details, but here is the short version: your private thoughts stay private.

4.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand our practices regarding your personal data.

4.2 Local-First, End-to-End Encrypted Architecture

Open Heart is built on a local-first, end-to-end encrypted ("E2E encrypted") architecture. This means:

(a) Journal entries and check-in responses are encrypted on your device before being transmitted or stored;
(b) Open Heart's servers store only encrypted data blobs that the Company cannot decrypt, read, access, or interpret;
(c) Encryption keys are generated and stored on your device and are backed up only through your recovery phrase;
(d) Open Heart has no technical ability to access the plaintext content of your journal entries, check-in responses, or other encrypted user content; and
(e) Decryption occurs only on your authenticated device(s).

4.3 Data We Collect

We collect the following categories of information:

Account Information: Email address and hashed password (via Firebase Authentication);
Relationship Profile: Partner name, love language preference, and attachment style (stored encrypted);
Encrypted Content: Journal entries and check-in responses (stored as encrypted blobs we cannot read);
Device Locale: Used solely to provide region-appropriate crisis resources; and
Subscription Data: Managed by RevenueCat through the Apple App Store or Google Play Store; Open Heart does not process or store payment card information directly.

4.4 GDPR Rights (European Economic Area, United Kingdom, and Switzerland)

If you are located in the European Economic Area ("EEA"), the United Kingdom, or Switzerland, you have certain rights under the General Data Protection Regulation ("GDPR") and the UK GDPR, including the right to:

(a) Access the personal data we hold about you;
(b) Rectify inaccurate personal data;
(c) Request erasure of your personal data ("right to be forgotten");
(d) Restrict or object to certain processing of your personal data;
(e) Data portability (receive your personal data in a structured, machine-readable format);
(f) Withdraw consent at any time, where processing is based on consent; and
(g) Lodge a complaint with your local data protection supervisory authority.

Our legal bases for processing personal data include: performance of a contract (providing the Service), legitimate interests (improving the Service and ensuring security), consent (for AI features and optional processing), and compliance with legal obligations.

To exercise any of these rights, contact us at privacy@myopenheart.co.

4.5 CCPA Rights (California Residents)

If you are a California resident, you have rights under the California Consumer Privacy Act ("CCPA") and the California Privacy Rights Act ("CPRA"), including the right to:

(a) Know what personal information we collect, use, disclose, and sell;
(b) Delete your personal information;
(c) Opt out of the sale or sharing of your personal information;
(d) Correct inaccurate personal information; and
(e) Not be discriminated against for exercising your rights.

Open Heart does not sell your personal information. We do not share your personal information for cross-context behavioral advertising purposes.

To exercise your CCPA rights, contact us at privacy@myopenheart.co or use the mechanisms provided within the App.

4.6 International Data Transfers

If you are located outside the United States, your personal data may be transferred to and processed in the United States, where our servers and service providers operate. We implement appropriate safeguards for international data transfers, including Standard Contractual Clauses where required under GDPR.

4.7 Cookie Policy

The Open Heart mobile application does not use browser cookies. For information about data collection on our website (www.myopenheart.co), please see our Cookie Policy.

5. Subscription and Payments

Plain English Summary: Solo journaling is free forever. Premium features cost $9.99 per month or $59.99 per year, with a 30-day free trial. All billing goes through the App Store or Play Store, so their refund policies apply. We will give you at least 30 days notice before changing prices on your existing subscription.

5.1 Free Tier

Open Heart offers a free tier that includes solo journaling functionality. The free tier is available indefinitely at no cost and does not require a payment method.

5.2 Premium Subscription

Access to premium features, including but not limited to weekly partner check-ins, simultaneous reveal, AI conversation starters, repair check-ins, and therapist export, requires a paid subscription ("Premium"). Premium is offered at the following rates:

Monthly: $9.99 USD per month; or
Annual: $59.99 USD per year.

Prices are in United States Dollars. Equivalent pricing in other currencies is determined by the Apple App Store and Google Play Store based on current exchange rates and regional pricing tiers.

5.3 Free Trial

New Premium subscribers may be eligible for a thirty (30) day free trial. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel before the trial ends. You may cancel the free trial at any time through your device's subscription management settings (Apple App Store or Google Play Store). Only one (1) free trial is available per user.

5.4 Billing and Auto-Renewal

All payments are processed through the Apple App Store or Google Play Store via RevenueCat. Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel at least twenty-four (24) hours before the end of the current billing period. You can manage or cancel your subscription through your device's subscription settings.

5.5 Payment Methods

Open Heart does not directly process payments. All payment transactions are handled by the Apple App Store (for iOS) or Google Play Store (for Android). Accepted payment methods are determined by the applicable app store. Open Heart does not receive, store, or have access to your payment card information.

5.6 Price Changes

We may change subscription prices from time to time. For existing subscribers, we will provide at least thirty (30) days' advance notice of any price increase via email and/or in-app notification. Price changes will take effect at the start of the next billing period following the notice. Your continued subscription after a price change constitutes acceptance of the new price. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

5.7 Refunds

Refund eligibility is governed by the policies of the Apple App Store or Google Play Store, as applicable. Open Heart does not directly process refunds. To request a refund, contact:

iOS: Apple Support at https://support.apple.com/en-us/HT204084
Android: Google Play Support at https://support.google.com/googleplay/answer/2479637

We may, at our sole discretion, offer credits or adjustments for service issues through our support team.

5.8 Taxes

All prices are exclusive of applicable taxes unless otherwise stated. You are responsible for any applicable sales tax, VAT, GST, or other taxes imposed by your jurisdiction. The applicable app store may collect and remit taxes on your behalf where required by law.

6. User Content and Encryption

Plain English Summary: Everything you write in Open Heart belongs to you. Your journal entries and check-in responses are encrypted on your device before they leave it. We store encrypted blobs on our servers that we literally cannot read. You own your words; we just keep them safe in a locked box that only you hold the key to.

6.1 Ownership of User Content

You retain all ownership rights in and to any content you create, submit, or store through the Service, including journal entries, check-in responses, profile information, and any other user-generated content (collectively, "User Content"). Open Heart does not claim ownership of your User Content.

6.2 Limited License to Operate the Service

By using the Service, you grant Open Heart a limited, non-exclusive, non-transferable license to store and transmit your encrypted User Content solely as necessary to operate the Service, including:

(a) Storing encrypted data blobs on our servers to enable synchronization across your devices;
(b) Transmitting encrypted data between linked partner accounts for shared features (such as check-in reveals); and
(c) Creating encrypted backups to protect against data loss.

This license applies only to encrypted data that Open Heart cannot decrypt or read. This license terminates when you delete your account, subject to any legally required retention periods.

6.3 Encryption and Access

All User Content classified as private (including journal entries and check-in responses) is encrypted on your device using end-to-end encryption before transmission or storage. Open Heart:

(a) Cannot decrypt, read, view, or access the plaintext contents of your encrypted User Content;
(b) Cannot comply with requests (including legal process) to produce the plaintext contents of encrypted User Content, because we do not possess the decryption keys;
(c) Cannot recover encrypted User Content if you lose your recovery phrase and all authenticated devices; and
(d) Does not perform content moderation on encrypted User Content, because the content is not accessible to us.

6.4 Unencrypted Data

Certain data elements are not end-to-end encrypted, including your email address, account metadata (such as account creation date, subscription status, and partner link status), and device locale. These unencrypted data elements are governed by our Privacy Policy.

6.5 Therapist Export

The therapist export feature allows you to decrypt and export selected check-in data on your device for the purpose of sharing with a licensed therapist or counselor. Exported data is decrypted locally on your device and shared at your sole discretion. Open Heart is not responsible for the security or handling of data once it has been exported from the App.

6.6 Data Portability

You may request an export of your personal data at any time. Encrypted User Content can be exported through the App's built-in export feature. Decryption occurs on your device; exported data is provided in a standard readable format.

7. AI Features and Data Processing

Plain English Summary: Our AI features (conversation starters, coaching, summaries) are entirely opt-in. When you use them, your entries are decrypted on your device and sent to the AI provider for that specific request only. The AI provider does not store your entries after processing. You decide each time whether to use AI features, and you can always use Open Heart without them.

7.1 Opt-In AI Processing

Open Heart offers optional artificial intelligence-powered features, including AI conversation starters, coaching suggestions, and summaries (collectively, "AI Features"). AI Features are entirely opt-in and require your explicit consent each time they are activated. You may use the full core functionality of the Service without ever enabling AI Features.

7.2 How AI Processing Works

When you choose to use an AI Feature:

(a) Relevant User Content is decrypted locally on your device;
(b) The decrypted content is transmitted from your device to a third-party AI provider (currently Anthropic's Claude API or OpenAI's API) via encrypted connection (TLS);
(c) The AI provider processes the content to generate the requested output (conversation starters, coaching insights, summaries, etc.); and
(d) The generated output is returned to your device.

7.3 AI Data Retention

Neither Open Heart nor the AI provider retains your User Content after processing an AI request. Content sent to the AI provider is used solely for the purpose of generating the immediate response and is not stored, logged, used for model training, or retained in any form after the request is complete. We contractually require our AI providers to adhere to these data handling commitments.

7.4 Consent Per Session

Each use of an AI Feature requires a fresh consent action from you. Open Heart does not enable persistent or blanket consent for AI processing. You will be clearly informed each time data will be sent to an AI provider, and you must affirmatively opt in before any data is transmitted.

7.5 AI Limitations

AI-generated content is provided for informational and conversational purposes only. AI Features:

(a) Do not constitute professional advice of any kind, including but not limited to therapeutic, medical, psychological, legal, or financial advice;
(b) May produce inaccurate, incomplete, or inappropriate content;
(c) Should not be relied upon as a substitute for professional counseling or therapy; and
(d) Are not monitored or curated by human professionals in real-time.

You are solely responsible for evaluating the appropriateness of any AI-generated content and for any decisions or actions you take based on such content.

7.6 Third-Party AI Providers

Our current AI providers are Anthropic (Claude API) and OpenAI. We may change AI providers at our discretion. Any change in AI provider will be subject to the same or equivalent data handling commitments described in these Terms. We will update our Privacy Policy to reflect any material changes in AI providers.

8. Crisis Resources Disclaimer

Plain English Summary: Open Heart includes a feature that detects certain keywords related to self-harm or abuse and shows links to crisis hotlines. This is a courtesy feature, not a monitored emergency service. It does not replace calling emergency services. If you or someone you know is in immediate danger, please call your local emergency number (such as 911 in the US) right away.

8.1 Crisis Detection Feature

The Service includes an automated keyword detection feature that identifies certain words and phrases commonly associated with self-harm, suicidal ideation, domestic violence, or abuse within your journal entries and check-in responses (the "Crisis Detection Feature"). When triggered, the feature displays region-aware links to crisis hotlines and support resources for supported countries.

8.2 How Crisis Detection Works

(a) Keyword detection occurs entirely on your device. No content is transmitted to Open Heart's servers or any third party for the purpose of crisis detection;
(b) The feature currently supports crisis resources for ten (10) countries including the United States, United Kingdom, Canada, Australia, New Zealand, Ireland, South Africa, India, Germany, and France;
(c) Crisis detection is non-blocking -- it does not prevent you from saving, editing, or otherwise interacting with your entries; and
(d) The feature displays informational links only and does not initiate contact with any crisis service on your behalf.

8.3 Not a Monitored Service

The Crisis Detection Feature is a courtesy informational resource only. It is critical that you understand:

(a) Open Heart does not monitor your content for crisis situations. The detection is automated, runs locally on your device, and no human at Open Heart reviews or is alerted by the feature;
(b) Open Heart does not contact emergency services, crisis hotlines, or any third party on your behalf;
(c) The feature may fail to detect crisis situations, may produce false positives, or may not function correctly in all circumstances;
(d) Crisis resources displayed may not be current, accurate, or available in your region;
(e) Open Heart assumes no duty of care, monitoring obligation, or responsibility for your safety or well-being based on the existence of this feature; and
(f) The feature is not a substitute for professional crisis intervention, emergency services, or mental health care.

8.4 Emergency Situations

If you or someone you know is in immediate danger or experiencing a mental health emergency, please contact your local emergency services immediately:

United States: 911 or 988 Suicide & Crisis Lifeline (call or text 988)
United Kingdom: 999 or Samaritans (116 123)
Canada: 911 or 988 Suicide Crisis Helpline (call or text 988)
Australia: 000 or Lifeline (13 11 14)

9. Acceptable Use

Plain English Summary: Use Open Heart for its intended purpose: improving communication with your partner and reflecting on your relationship. Do not use it to harass anyone, break any laws, or try to hack our systems. Straightforward rules for a straightforward app.

9.1 Permitted Use

You may use the Service only for its intended purpose: personal relationship communication, reflection, and wellness. You agree to use the Service in compliance with all applicable laws and regulations.

9.2 Prohibited Conduct

You agree not to, and will not assist, encourage, or enable others to:

(a) Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) Harass, threaten, intimidate, stalk, or abuse any person, including your partner, through the Service;
(c) Use the Service as a tool or means of domestic abuse, coercive control, manipulation, or surveillance of a partner;
(d) Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
(e) Transmit any malware, viruses, worms, trojan horses, or other harmful code;
(f) Attempt to gain unauthorized access to the Service, other users' accounts, or any related systems or networks;
(g) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or any part of the Service;
(h) Circumvent, disable, or interfere with any security, encryption, or access control features of the Service;
(i) Use automated means (bots, scrapers, crawlers) to access or interact with the Service without our prior written consent;
(j) Resell, sublicense, or commercially exploit the Service or any part thereof;
(k) Use the Service to develop a competing product or service;
(l) Interfere with or disrupt the integrity or performance of the Service;
(m) Create multiple accounts to circumvent enforcement actions or subscription limitations; or
(n) Use the AI Features to generate content that is illegal, harmful, or violates the rights of others.

9.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these prohibited conduct provisions, including without limitation suspending or terminating the violator's account, reporting the conduct to law enforcement, and pursuing any available legal remedies.

10. Intellectual Property

Plain English Summary: Open Heart the app, our brand, and our technology belong to us. You get a license to use the app as a subscriber. You cannot copy it, reverse engineer it, or use our branding without permission. Your content, as covered in Section 6, remains yours.

10.1 Open Heart's Intellectual Property

The Service and all associated intellectual property rights, including but not limited to the App, website, software, algorithms, user interface designs, graphics, logos, trademarks, service marks, trade names, text, images, and audiovisual content (collectively, "Company IP"), are owned by or licensed to Open Heart and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 License to Use the Service

Subject to your compliance with these Terms, Open Heart grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device you own or control, solely for your personal, non-commercial use.

10.3 Restrictions

You may not:

(a) Copy, modify, or create derivative works based on the Service or any Company IP;
(b) Distribute, transfer, sublicense, lease, lend, or rent the Service or any Company IP to any third party;
(c) Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the App, in whole or in part;
(d) Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service;
(e) Use any Company IP for any purpose other than as expressly permitted by these Terms; or
(f) Use the Open Heart name, logo, or any Company trademarks without our prior written consent.

10.4 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you acknowledge that such Feedback is not confidential and you grant Open Heart a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, and distribute the Feedback for any purpose without attribution or compensation to you.

10.5 Open Source Components

The App may include open-source software components, each subject to its own license terms. Details of open-source components will be made available in the App before public launch.

11. Disclaimers and Limitation of Liability

Plain English Summary: We provide Open Heart as-is and do our best to make it work well, but we cannot guarantee it will be perfect or always available. We are not therapists, and our app is not therapy. Our financial liability to you is limited to what you have paid us in the last twelve months. Some jurisdictions do not allow certain liability limitations, so some of these limits may not apply to you.

11.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. OPEN HEART SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, OPEN HEART MAKES NO WARRANTY THAT:

(a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE;
(d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
(e) THE AI FEATURES WILL PRODUCE ACCURATE, HELPFUL, OR APPROPRIATE CONTENT;
(f) THE CRISIS DETECTION FEATURE WILL DETECT ALL OR ANY RELEVANT KEYWORDS OR SITUATIONS; OR
(g) THE ENCRYPTION WILL BE IMPERVIOUS TO ALL ATTACKS OR VULNERABILITIES.

11.2 Not a Healthcare Provider

OPEN HEART IS NOT A HEALTHCARE PROVIDER, THERAPIST, COUNSELOR, OR MEDICAL PROFESSIONAL. THE SERVICE DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, THERAPEUTIC, OR PROFESSIONAL ADVICE OF ANY KIND. NOTHING IN THE SERVICE CREATES A THERAPIST-PATIENT, DOCTOR-PATIENT, OR ANY OTHER PROFESSIONAL-CLIENT RELATIONSHIP. YOU SHOULD NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH CARE.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Exclusion of Certain Damages: IN NO EVENT WILL OPEN HEART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, EMOTIONAL DISTRESS, OR RELATIONSHIP HARM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF OPEN HEART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Aggregate Liability Cap: OPEN HEART'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU HAVE PAID TO OPEN HEART IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) FIFTY UNITED STATES DOLLARS ($50.00 USD).
(c) Data Loss: WITHOUT LIMITING THE FOREGOING, OPEN HEART SHALL NOT BE LIABLE FOR ANY LOSS OF ENCRYPTED DATA RESULTING FROM YOUR FAILURE TO MAINTAIN YOUR RECOVERY PHRASE, YOUR FAILURE TO MAINTAIN ACCESS TO YOUR AUTHENTICATED DEVICES, OR ANY CIRCUMSTANCES WHERE DATA RECOVERY IS IMPOSSIBLE DUE TO THE END-TO-END ENCRYPTION ARCHITECTURE.

11.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.

FOR USERS IN AUSTRALIA: OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS IS INTENDED TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES, AND UNDERTAKINGS IMPLIED BY THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED.

FOR USERS IN THE UNITED KINGDOM: NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR ANY MATTER FOR WHICH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE CONSUMER RIGHTS ACT 2015.

11.5 Force Majeure

Open Heart shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, pandemic or epidemic, government actions or orders, war, terrorism, riots, civil unrest, labor disputes, failure of third-party services (including cloud hosting and app store platforms), cyberattacks, power outages, or internet disruptions.

11.6 Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Open Heart and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of another person or entity; or (e) your use of exported data shared with third parties, including therapists or counselors. This indemnification obligation does not apply to residents of jurisdictions where consumer indemnification clauses are unenforceable.

12. Termination and Account Deletion

Plain English Summary: You can delete your account at any time from within the app. We can also suspend or terminate your account if you violate these terms. When your account is deleted, we delete your encrypted data from our servers. Remember: if you want to keep your journal entries, export them before deleting your account.

12.1 Termination by You

You may stop using the Service and delete your account at any time through the App's account settings. You may also cancel your Premium subscription at any time through the Apple App Store or Google Play Store subscription management settings.

12.2 Termination by Open Heart

We may suspend or terminate your account, or restrict your access to all or part of the Service, at any time, with or without cause, with or without notice, including but not limited to the following circumstances:

(a) You breach any provision of these Terms;
(b) We are required to do so by law, regulation, or legal process;
(c) We reasonably believe your account has been compromised;
(d) We decide to discontinue the Service or any part thereof; or
(e) Extended periods of inactivity (exceeding twelve (12) months), following reasonable notice to your registered email address.

Where practicable and permitted by law, we will provide you with advance notice and an opportunity to export your data before account termination.

12.3 Effect of Termination

Upon termination of your account:

(a) Your right to access and use the Service immediately ceases;
(b) Your encrypted User Content stored on our servers will be scheduled for deletion within thirty (30) days, except where retention is required by applicable law;
(c) Your unencrypted account data (email address, account metadata) will be deleted or anonymized within thirty (30) days, except where retention is required by applicable law;
(d) Active Premium subscriptions should be canceled through your app store to avoid further charges; account deletion through the App does not automatically cancel app store subscriptions;
(e) Any data that has been exported from the App (including therapist exports) remains under your control and responsibility; and
(f) Data that has already been shared with your linked partner through mutual features (such as revealed check-in results) and that has been decrypted on their device cannot be recalled or deleted from their device.

12.4 Data Export Before Deletion

We strongly recommend exporting any data you wish to retain before initiating account deletion. Due to our E2E encryption architecture, once your account is deleted and your encrypted data is purged from our servers, the data cannot be recovered by anyone, including Open Heart.

12.5 Survival

The following sections survive termination of these Terms: Section 6 (User Content and Encryption, with respect to ownership rights), Section 10 (Intellectual Property), Section 11 (Disclaimers and Limitation of Liability), Section 12.3 (Effect of Termination), Section 13 (Dispute Resolution), and any other provisions that by their nature are intended to survive termination.

13. Dispute Resolution

Plain English Summary: If we have a disagreement, let us try to work it out directly first. If we cannot resolve it within 30 days, disputes will be settled through binding arbitration rather than a court trial. You can opt out of arbitration within 30 days of creating your account. Small claims court is always an option for qualifying disputes.

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you and Open Heart each agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally. The party raising the Dispute must send a written notice describing the nature of the Dispute and the requested relief to the other party. For notices to Open Heart, send to legal@myopenheart.co. For notices to you, we will use the email address associated with your account. The parties will attempt to resolve the Dispute through good faith negotiation for a period of thirty (30) days from the date the notice is received.

13.2 Binding Arbitration

If a Dispute cannot be resolved through informal negotiation within thirty (30) days, you and Open Heart agree that the Dispute shall be resolved exclusively through final and binding arbitration, rather than in a court of law. Arbitration shall be conducted by JAMS (www.jamsadr.com) under its Streamlined Arbitration Rules and Procedures, or by another mutually agreed arbitration provider. The arbitration shall take place in London, England or, at your election, may be conducted by videoconference or telephone.

The arbitrator shall have exclusive authority to resolve all Disputes, including the arbitrability of any Dispute. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND OPEN HEART AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Open Heart agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding.

13.4 Opt-Out of Arbitration

You may opt out of the arbitration and class action waiver provisions in Sections 13.2 and 13.3 by sending written notice of your decision to opt out to legal@myopenheart.co within thirty (30) days of first creating your Open Heart account. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, the Dispute will be resolved in the courts identified in Section 13.6.

13.5 Small Claims Court Exception

Notwithstanding the above, either party may bring an individual action in small claims court for Disputes that qualify under the applicable small claims court rules.

13.6 Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. If arbitration does not apply (either because you opted out or the Dispute does not qualify), you and Open Heart consent to the exclusive jurisdiction of the state and federal courts located in London, England for the resolution of any Dispute.

13.7 International Users

If you are located outside the United States:

(a) For users in the European Union or United Kingdom: Nothing in this Section shall deprive you of any mandatory consumer dispute resolution mechanisms available under the laws of your country of residence, including the right to bring proceedings before your local courts and the EU Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr).
(b) For users in Australia: Nothing in this Section limits your rights under the Australian Consumer Law.
(c) For users in Canada: Provincial consumer protection statutes may provide additional rights that cannot be waived.

14. Changes to Terms

Plain English Summary: We may update these terms from time to time. For significant changes, we will give you at least 30 days notice by email and in the app. If you keep using Open Heart after the changes take effect, that means you accept the updated terms. If you disagree with a change, you can stop using the service and delete your account.

14.1 Right to Modify

Open Heart reserves the right to modify these Terms at any time. We will indicate the date of the most recent revision at the top of these Terms with the "Last Updated" date.

14.2 Notice of Changes

(a) Material Changes: For changes that materially affect your rights or obligations, we will provide at least thirty (30) days' advance notice via: (i) email to your registered email address; and (ii) a prominent in-app notification. Material changes include, but are not limited to, changes to our data practices, payment terms, arbitration provisions, or limitation of liability.
(b) Non-Material Changes: For minor or clarifying changes, we will update the "Last Updated" date and post the revised Terms on our website and within the App.

14.3 Acceptance of Changes

Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and delete your account before the effective date of the changes.

14.4 Notification to Partners

If changes to these Terms materially affect how partner-linked features operate, we will make reasonable efforts to notify both partners in a linked account.

15. Contact Information

Plain English Summary: Here is how to get in touch with us. Use the email addresses below for legal, privacy, or general support inquiries.

15.1 General Provisions

Before contacting us, here are some final legal housekeeping items:

Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Open Heart regarding the Service and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will remain in full force and effect.
Waiver: The failure of Open Heart to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Open Heart.
Assignment: You may not assign or transfer these Terms or your rights or obligations hereunder without the prior written consent of Open Heart. Open Heart may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.
No Third-Party Beneficiaries: These Terms are between you and Open Heart. No third party has any rights under these Terms unless expressly stated.
No Agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Open Heart.
Electronic Communications: By using the Service, you consent to receiving communications from us electronically, including via email and in-app notifications. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Headings: Section headings are for convenience only and have no legal effect.

15.2 Contact Us

If you have questions, concerns, or feedback about these Terms of Service, please contact us:

Purpose	Contact
Legal Inquiries	legal@myopenheart.co
Privacy Inquiries	privacy@myopenheart.co
Security Reports	security@myopenheart.co
General Support	support@myopenheart.co
Mailing Address	Wagmin Consulting Ltd, 34-35 Hatton Garden, London, EC1N 8DX, United Kingdom

For EU/UK GDPR inquiries, contact privacy@myopenheart.co.

Document Information

Field	Value
Applicable To	Open Heart Mobile App (www.myopenheart.co)
Business Type	Mobile Application (SaaS, Freemium)
Jurisdiction	England and Wales, United Kingdom
GDPR Applicable	Yes (UK launch market; potential EU users)
CCPA Applicable	Yes (US launch market includes California)
Australian Consumer Law	Yes (Australia launch market)
PIPEDA Applicable	Yes (Canada launch market)
Sections Included	15 of 15 applicable sections