Terms of Service

Phone by Heart ("the App", "we", "us") is operated by PHONE BY HEART LLC (the "Seller"). By creating an account or using the App you enter into a binding agreement with PHONE BY HEART LLC. If you do not agree, please do not use the App.

You must be at least 13 years old to use Phone by Heart. Users under 18 must have permission from a parent or guardian. If you are accepting these Terms on behalf of an organization, you confirm you have authority to bind it.

You are responsible for keeping your login credentials confidential and for all activity under your account. Provide accurate information and keep it current. Notify us immediately of any unauthorized use at phonebyheart@phonebyheart.com.

Phone by Heart is a memory-training app: games to memorize phone numbers, optional SMS reminders ("Heart Reach"), streaks, leaderboards, and an in-app economy of "Heart Coins". We may add, change, or remove features over time.

Payments are processed by Stripe, which acts as merchant of record for our subscriptions and Heart Coin packs. Stripe handles payment processing, tax calculation and remittance, fraud screening, chargebacks, and transaction-level customer support. Payment, billing, tax, and refund mechanics are governed in part by Stripe's Stripe Services Consumer Terms.

We currently offer a Monthly subscription ($7.99/month), a Yearly subscription ($44.99/year), and a one-time Founder's Pass ($199.99). Subscriptions auto-renew at the end of each billing period unless cancelled. You can cancel at any time from inside the App — cancellations take effect at the end of the current billing period and you keep access until then. Plan changes (upgrades and downgrades) take effect immediately and Stripe automatically prorates the difference between your old and new plan. We also sell one-time Heart Coin packs ($4.99, $9.99, $19.99); coins are delivered immediately on payment.

All Phone by Heart subscriptions are for digital access to a virtual product. Because access is granted immediately upon purchase, all sales are final and non-refundable.

6a. Web purchases (Stripe)

Purchases made on our website or inside the web app are processed by Stripe as merchant of record. That said, we genuinely care about your experience. If something isn't working right or you have a concern, please reach out to us at phonebyheart@phonebyheart.com - We're happy to help.

Heart Coin packs, Streak Jolts, and XP Raises are non-refundable after purchase, as they are consumable in-app currency and items. Once a coin pack or in-app consumable is purchased, the sale is final. This applies regardless of whether the coins or items have been used in-app.

6b. Mobile store purchases (Apple App Store / Google Play)

If you bought a subscription or coin pack through the Apple App Store or Google Play Store, those stores are the Merchant of Record and their policies apply — we cannot process refunds directly. For support, contact Apple or Google Play support.

For all stores, cancelling a subscription stops future renewals but does not refund the current billing period — you keep access until the period ends.

6c. Contact us

If you have any concerns about your purchase, billing questions, or technical issues, email us at phonebyheart@phonebyheart.com and we'll do our best to help.

We grant you a limited, non-exclusive, non-transferable right to use the App for personal, non-commercial use within the plan you've selected. You must not:

• Reverse engineer, decompile, or attempt to extract the source code;
• Resell, redistribute, or sublicense the App or any of its content;
• Circumvent technical limits, rate limits, or paywalls;
• Upload contacts you do not have permission to store;
• Use the App for unlawful purposes, fraud, spam, or to harass anyone;
• Probe, scan, scrape, or interfere with our security or infrastructure;
• Distribute malware or attempt to gain unauthorized access to any account.

The App, its software, branding, designs, copy, and audio (including AI-generated voice content commissioned by us) remain the property of PHONE BY HEART LLC or our licensors. Nothing in these Terms transfers any IP rights to you beyond the limited license granted in section 7.

Contacts, names, phone numbers, notes, and avatars you add remain yours. You grant us a limited, worldwide, royalty-free license to host, store, and process this content solely to provide the service to you. We do not sell or share this content.

By opting in to Heart Reach reminders inside the App, checking the consent checkbox, and verifying your mobile number, you agree to receive automated reminder text messages from Phone by Heart at the number you verified. Consent to receive texts is not a condition of any purchase.

Message frequency depends on the schedule you set in the App (daily, weekly, or monthly). You can change or disable reminders at any time in Heart Reach settings.

Message and data rates may apply depending on your mobile carrier plan. Phone by Heart is not responsible for carrier charges.

Opt out: reply STOP to any Heart Reach text to unsubscribe immediately. Reply HELP for help, or contact phonebyheart@phonebyheart.com.

Privacy: mobile phone numbers and SMS consent records are never sold, rented, or shared with third parties or affiliates for marketing purposes. See our Privacy Notice for full details.

Wireless carriers are not liable for delayed or undelivered messages. Supported carriers include AT&T, Verizon, T-Mobile, and most other US carriers.

Heart Reach reminders may include short AI-generated audio voicemails. These are produced from prompts authored by us using third-party AI voice services. You agree not to use the App to produce or distribute illegal content, deepfakes of real people without consent, hate speech, or content that infringes another person's rights.

AI outputs may occasionally be inaccurate or imperfect. The App is not a substitute for professional medical, legal, or cognitive-care advice.

If you believe AI-generated content in the App infringes your rights, email phonebyheart@phonebyheart.com and we will investigate and, where appropriate, remove the content. Repeat infringement may result in account termination.

We may suspend or terminate your access if you materially breach these Terms, fail to pay, present a security or fraud risk, or repeatedly violate our policies. You may stop using the App and delete your account at any time. On termination, your right to use the App ends; we will delete your personal data in accordance with our Privacy Notice.

The App is provided "as is" and "as available". We do not guarantee uninterrupted, error-free, or fully secure operation. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability and fitness for a particular purpose. Memory-training results vary.

To the fullest extent permitted by law, our aggregate liability for any claim arising out of or relating to the App is limited to the fees you paid us in the twelve (12) months before the claim arose. We are not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill. Nothing in these Terms limits liability for fraud, death, or personal injury caused by negligence where the law prohibits such limits.

You agree to indemnify and hold harmless PHONE BY HEART LLC from any third-party claims arising out of (a) your User Content, (b) your unlawful use of the App, or (c) your breach of these Terms.

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. The state and federal courts located in California have exclusive jurisdiction over any dispute arising out of these Terms, except where mandatory consumer-protection law in your country of residence provides otherwise.

You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets. Neither party is liable for failure to perform caused by events beyond reasonable control (e.g. natural disasters, war, internet outages).

We may update these Terms from time to time. Material changes will be announced in the App. Continued use after changes means you accept the updated Terms.

Questions about these Terms? Email phonebyheart@phonebyheart.com.