Terms of Use

1. Who you are agreeing with

Lyvme, of address to be completed before release, contactable at privacy@dearestheart.app.

2. Who may use Dearest Heart

You must be at least 13 years old, and at least 16 in the European Economic Area unless a parent or guardian consents on your behalf. If your local law sets a higher age for consenting to services like this one, that age applies to you.

One account belongs to one person. You are responsible for what happens under yours, and for keeping your sign-in details to yourself. Tell us promptly if you believe somebody else has access to it.

3. Pairs

A pair is exactly two accounts. You join one by redeeming a single-use invite code that expires after 24 hours; nobody can add you to a pair without it, and no third account can ever be added to an existing pair.

Either person may end the pair at any time, and doing so ends it for both. Ending a pair does not delete either account.

4. Your content

What you write, photograph and record stays yours. You grant us only the licence technically necessary to store your content and deliver it to your partner, for as long as you keep it in Dearest Heart — which, for end-to-end encrypted content, amounts to storing bytes we cannot read.

We do not use your content to train models, to advertise, or for any purpose other than running the service for the two of you. We do not publish it, and there is nowhere in Dearest Heart for it to be published to.

You are responsible for having the right to send what you send, including where it shows another person.

5. Acceptable use

You agree not to use Dearest Heart to:

• harass, threaten, stalk, coerce or abuse another person;
• send content that is unlawful where either of you is, and in particular any sexual content involving a minor;
• impersonate somebody else, or access an account that is not yours;
• infringe somebody’s copyright, trade mark or privacy;
• attack, probe, overload or reverse-engineer the service, or try to circumvent its security rules or rate limits;
• build a competing product from it, resell access, or use it on behalf of somebody else commercially.

There is zero tolerance for abusive content and abusive users. Every person can report and block their partner from inside the app; blocking ends the pair immediately and stops that person reaching you here. We review every report a person sends, and may suspend or remove an account within 24 hours of a report that is upheld. Because content is encrypted, we act on account-level evidence and on what you tell us — we cannot read the messages themselves.

6. Subscriptions, renewals and refunds

The daily photo, chat and countdown are free. A subscription unlocks the rest and covers both people in a pair — only one of you needs to buy it.

• Payment is taken by Apple or Google, and charged to your account with them when you confirm the purchase.
• Subscriptions renew automatically for the same period unless cancelled at least 24 hours before the current period ends. The renewal is charged within 24 hours of the end of the period.
• Manage or cancel in your Apple App Store or Google Play account settings. We have no ability to cancel it for you, and neither has your partner.
• Where a free trial is offered, any unused part of it is forfeited when you buy a subscription.
• Refunds are handled by Apple or Google under their own policies. If you are a consumer in the EEA or UK you have a 14-day right of withdrawal, which you exercise through the store you bought from; by starting to use the paid features immediately you agree that the service begins during that period.
• Prices may change. A change never affects a period already paid for, and the store will ask you to accept a higher price before it renews.
• If a subscription lapses, nothing is deleted — the paid features simply stop being available, and return if it resumes.

7. What we are unable to do

Because your content is end-to-end encrypted with a key we never hold, we cannot recover your messages, letters, voice notes or photos if both devices are lost and no recovery key was saved; we cannot reset that key; and we cannot read content in order to settle a dispute between the two of you. This is a deliberate design limit, disclosed here and on the sign-up screen, not a failure of the service.

8. Availability and changes to the service

We aim to keep Dearest Heart running but do not guarantee that it will be uninterrupted or error-free. Features that depend on third parties — flight status, calendar availability, song previews — may change or stop working if those services do. We may add, change or withdraw features; if we withdraw something you are paying for, you may cancel and, where the law requires, receive a pro-rata refund through the store.

9. Ending it

You may stop using Dearest Heart at any time, and delete your account from Settings → Safety → Delete account. Deletion is immediate and permanent, and removes both sides of the pair’s shared content.

We may suspend or terminate an account that breaches these terms, that we are legally required to remove, or that has been dormant for more than three years — in the last case after warning the account’s email address at least 30 days in advance. We may discontinue the service entirely with at least 30 days’ notice, except where a law or a safety risk requires faster action.

10. Our rights

Dearest Heart, its name, its design and its software are ours or our licensors’. Nothing in these terms transfers them to you beyond the licence in the EULA. Feedback you send us we may use without obligation or payment.

11. Warranties

Dearest Heart is provided “as is” and “as available”. To the extent permitted by law we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these terms removes rights you have as a consumer under the law of your country — in the EEA and the UK, the statutory conformity guarantee for digital content applies whatever this section says.

12. Liability

To the extent permitted by law, our total liability arising out of or in connection with Dearest Heart is limited to the greater of the amount you paid us in the twelve months before the claim, or €50. We are not liable for indirect or consequential loss, lost profits, or lost data — including content that cannot be recovered because no recovery key was saved.

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

13. Changes to these terms

We will notify you in the app at least 30 days before a material change takes effect. If you do not accept it, you may stop using Dearest Heart and delete your account; continuing to use it after the change means you accept it. The date at the top is the date of the current version.

14. Law, disputes and everything else

These terms are governed by the laws of jurisdiction to be completed before release, without regard to conflict-of-law rules. If you are a consumer, you may also bring proceedings in the courts of the country where you live, and you keep the protection of that country’s mandatory consumer law. EU consumers may use the European Commission’s online dispute resolution platform.

If a provision is held unenforceable, the rest stands. Our not enforcing something is not a waiver of it. You may not assign these terms; we may, on notice, if the business is transferred.

Questions: privacy@dearestheart.app.