HEARTY TERMS OF USE (hearty.my)

Acceptance of Terms

By accessing or using Hearty’s website, mobile applications, or any associated services (collectively, "the Service"), you agree to be bound by these Terms of Use ("Terms"). These Terms apply to all users of the Service, including registered and unregistered users. If you do not agree with these Terms, you must not use the Service.

Changes to the Terms

Hearty reserves the right to modify or revise these Terms at any time at its sole discretion. Changes to the Terms will be effective immediately upon posting. Your continued use of the Service after any changes signifies your acceptance of the revised Terms. We encourage you to review these Terms periodically.

Eligibility

By using the Service, you represent and warrant that:

1. You are at least 18 years old.
2. You have not been previously suspended or removed from the Service.
3. You will comply with all applicable local, state, national, and international laws and regulations in your use of the Service.

Account Registration and Security

To access certain features of the Service, you must create an account. You agree to:

1. Provide accurate, current, and complete information during the registration process.
2. Maintain the security of your account by not sharing your password with others.
3. Notify Hearty immediately of any unauthorized use of your account.
4. Be responsible for all activities that occur under your account.

Subscription and Paid Services

Hearty offers both free and premium (paid) services. By subscribing to paid features, you agree to the following:

1. Billing and Payments : You authorize Hearty to charge your payment method for any subscription fees and applicable taxes. Payments are non-refundable except as required by law.
2. Automatic Renewal : Unless otherwise stated, your subscription will automatically renew at the end of the subscription period. You can cancel your subscription at any time before the renewal date.
3. Price Changes: Hearty reserves the right to change subscription fees with prior notice. You will have the option to continue or cancel your subscription after price changes.

User Conduct and Obligations

As a user of the Service, you agree to:

1. Use the Service in a lawful, respectful, and considerate manner.
2. Not use the Service for any unlawful, harmful, or deceptive purposes, including but not limited to:

• Harassment, stalking, or abuse of other users.
• Impersonation or misrepresentation.
• Posting any content that is obscene, defamatory, harmful, or otherwise objectionable.

    c. Not engage in any activity that interferes with or disrupts the Service, including but not limited to:

• Use of any automated system (e.g., bots or scripts).
• Distribution of viruses or any other harmful software.
• Attempting to access other users' accounts without permission.

Content Ownership and License

1. User Content: You retain ownership of all content that you upload, share, or otherwise make available through the Service ("User Content"). By posting User Content, you grant Hearty a worldwide, non-exclusive, royalty-free, perpetual license to use, modify, distribute, and display such content in connection with operating and promoting the Service.
2. Hearty’s Rights: Hearty reserves the right to remove or edit any User Content that violates these Terms or is otherwise objectionable.

Privacy and Data Usage

Your privacy is of utmost importance to us. Hearty collects, uses, and shares your personal information as outlined in our Privacy Policy. By using the Service, you consent to the collection, use, and sharing of information as described in the Privacy Policy. 

Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by Hearty. We do not endorse or assume any responsibility for any third-party sites, services, or content. Access to third-party sites is at your own risk, and you agree to be bound by the terms and conditions applicable to those third-party sites.

Disclaimers

1. No Warranties: The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied. Hearty does not guarantee that the Service will be secure, uninterrupted, or error-free.
2. User Risk: You understand and agree that you use the Service at your own risk, and Hearty is not responsible for any damage to your computer, mobile device, or data resulting from your use of the Service.

Limitation of Liability

To the fullest extent permitted by law, Hearty and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, or profit arising from your use of the Service.

Indemnification

You agree to indemnify and hold harmless Hearty and its affiliates, officers, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or related to your violation of these Terms or your use of the Service.

Termination

Hearty reserves the right to suspend or terminate your account or access to the Service at any time, without prior notice, for any reason, including but not limited to:

1. Breach of these Terms.
2. Engagement in conduct that Hearty deems harmful to the Service or other users.

Upon termination, you will not be entitled to any refunds of paid services.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Malaysia, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service will be resolved through arbitration in accordance with Malaysian law. You agree to submit to the exclusive jurisdiction of the courts of Malaysia.

Miscellaneous

1. Entire Agreement: These Terms, together with the Privacy Policy and any additional terms and conditions, constitute the entire agreement between you and Hearty.
2. Severability: If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.
3. No Waiver: Hearty’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

For any questions regarding these Terms, please contact us at cinta@hearty.my.