Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your use of Heartio, including the watchOS app, iOS companion app, and the heartio.app website (collectively, the "Service"). The Service is operated by Elliot Myhre ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of service

Heartio is a heart rate guessing game. The Service uses your Apple Watch's heart rate sensor (via Apple HealthKit) to read your live BPM. You guess your heart rate, earn points based on accuracy, and can compete on a global leaderboard. The Service also includes daily scoring challenges and streak tracking.

3. Eligibility

The Service is available to all users. If you are under the age of 18 (or the age of majority in your jurisdiction), you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

4. Accounts and authentication

To access certain features such as the leaderboard and score syncing, you may create an account using email (magic link) or phone number (OTP). You are responsible for maintaining access to your authentication method and for all activity under your account.

You agree to provide accurate information and to notify us if you believe your account has been compromised.

5. Health data

Heartio accesses heart rate data from Apple HealthKit solely to power the gameplay experience. We do not store raw heart rate data on our servers. Your health data is processed on-device and only aggregate game data (such as guess accuracy and scores) is transmitted to our backend.

Heartio is not a medical device. It is a game and should not be used as a substitute for professional medical advice, diagnosis, or treatment. If you have concerns about your heart rate or health, consult a qualified healthcare provider.

6. User conduct

You agree not to:

We reserve the right to suspend or terminate your account for violations of these Terms.

7. Pricing and future paid features

Heartio is currently free to use. We reserve the right to introduce optional paid features, subscriptions, or in-app purchases in the future. Any paid features will be clearly identified before purchase, and existing free functionality will not be removed without notice.

8. Intellectual property

All content, design, code, graphics, and trademarks associated with Heartio are owned by us or our licensors. You may not copy, modify, distribute, or create derivative works from the Service without our prior written consent.

9. Third-party services

The Service relies on third-party platforms including Apple HealthKit, Firebase, and Supabase. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability or practices of third-party services.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We make no representations regarding the accuracy of heart rate readings, scores, or leaderboard rankings.

11. Limitation of liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill arising from your use of the Service. Our total liability for any claim related to the Service shall not exceed the amount you have paid us in the twelve months preceding the claim (or $0 if the Service is free).

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service or your violation of these Terms.

13. Changes to terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the "Last updated" date at the top of this page. Your continued use of the Service after changes constitutes acceptance of the revised Terms.

14. Termination

We may suspend or terminate your access to the Service at any time, for any reason, without prior notice. You may stop using the Service at any time. Upon termination, your right to use the Service ceases, but provisions that by their nature should survive (such as disclaimers, limitations of liability, and indemnification) will remain in effect.

15. Governing law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of competent jurisdiction.

16. Contact

If you have questions about these Terms, contact us at hello@heartio.app.