Heartell
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Terms of Service

These Terms of Service ("Terms") govern your use of Heartell — a personal companion app for stories, memory, and good company — and the related website at heartell.me (together, the "Service").

The Service is operated by Golden 3 Pty. Ltd. (ABN 74 010 545 892) ("Golden 3", "we", "us", "our").

By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Effective date: 2026-07-23 · Last updated: 2026-10-26

1. Using the Service

To use the Service you must follow some simple rules. The Service is for your personal use and is not intended for commercial resale or exploitation. You may only use the Service as permitted by law and these Terms.

By using the Service, you agree that:

  • Information you provide is accurate and kept reasonably up to date.
  • You are responsible for activity under your account and for content uploaded or created under it ("User Material").
  • Your account is personal and may not be transferred. You are responsible for keeping sign-in details secure. If you suspect unauthorised use, contact us promptly.
  • You must be at least 13 years old to use the Service. The optional mature setting requires you to be at least 15 (Section 4).
  • You will not misuse the Service, harm others, attempt to reverse-engineer or interfere with the companion or the Service (except where that restriction is prohibited by law), upload malicious code, or share another person's personal information without the right to do so.
  • Breach of these Terms may lead to suspension or termination of access. Fees already paid are generally non-refundable except as required by law or by Apple's refund policies.

2. Acceptable use

The Service is for ordinary personal use.

We may set limits on how much of the Service you can use, including how many messages, images, or voice clips you can ask for in a period. A trial may have tighter limits than a paid plan. We may change the limits. We do not publish the exact numbers.

If your use goes past a limit, looks automated or shared, or otherwise abuses the Service or puts it at risk for other people, we may slow or refuse requests, limit or turn off a feature (including image generation), or suspend or close your account. Where it is reasonable we will tell you. Where the use is harming the Service, we may act first.

This does not limit rights that cannot be excluded under the Australian Consumer Law (Section 10).

3. What Heartell is (and is not)

Heartell is an artificial-intelligence companion that helps you remember, reflect on, and share the stories of a life. The companion is software — it is not a real person, and it is not a professional adviser or an emergency service.

Heartell does not provide medical, mental-health, psychological, legal, financial, or other professional advice. Do not rely on it for such advice, and do not use it in an emergency. If you or someone else is in immediate danger, contact emergency services — in Australia call 000, in the United States call 911, or use your local emergency number.

The companion's responses are generated by artificial intelligence and may be inaccurate, incomplete, or inappropriate. You are responsible for how you use that output.

4. Mature content

The Service opens on an ordinary setting. A stronger setting is optional, and it is the strongest level we offer.

The mature setting. In the app, under Settings → Content Control, you can opt in by entering your full name and date of birth and agreeing to these Terms. You must be at least 15.

That setting is based on the Australian MA 15+ classification (Mature Accompanied). In short, MA 15+ material is strong in impact and is for people aged 15 and over. In broad terms it can include stronger violence, sex, nudity, coarse language, drug use, or themes. We do not set out the classification rules in these Terms, and we are not the authority on what the rating allows. If something is unclear, we look at it case by case. Opting in does not mean we will generate any particular scene.

Automatic checks. What you send, and what the companion generates, is checked automatically so our content rules are kept. Material that does not meet those rules may be blocked, replaced, or removed.

Telling us. You can report something inappropriate from Settings → Feedback, or by email at supportht@heartell.me.

Nothing in the mature setting allows sexual content involving anyone under 18, or an intimate or revealing image made from a photo of a real person.

5. Subscriptions

  • Heartell may be offered on a paid subscription basis, and may offer a free trial. Prices, plan lengths, and trial details are as shown in the Apple App Store.
  • Subscriptions are sold and billed through the Apple App Store, subject to Apple's terms. We do not receive or store your full payment-card details.
  • Auto-renewal: unless you cancel, your subscription renews at the end of each billing period and your Apple account is charged.
  • Cancellation: manage and cancel in your Apple account settings. Uninstalling the app or closing an account does not cancel a subscription by itself — you must cancel through Apple.
  • Refunds: purchases handled by Apple are subject to Apple's refund policies. Nothing in these Terms limits non-excludable rights under the Australian Consumer Law (see Section 10).

6. Apple App Store

Because Heartell is provided through the Apple App Store:

  • These Terms are between you and Golden 3 only, not Apple. Apple is not responsible for the Service or its content.
  • Your licence to use Heartell is a limited, non-transferable licence to use it on Apple-branded devices you own or control, as permitted by Apple's terms and the standard Licensed Application End User Licence Agreement, except where these Terms are more restrictive.
  • Maintenance and support for the Service is our responsibility, not Apple's.
  • To the extent required, Apple is a third-party beneficiary of these Terms and may enforce them against you.

7. Your content and our intellectual property

  • Your content stays yours. You retain ownership of User Material (including memories, stories, media, and messages you provide).
  • Licence to us. You grant Golden 3 a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, and display User Material solely as needed to operate and provide the Service to you (including sending relevant content to third-party AI providers that generate replies or voice on our behalf). This licence ends when you delete the material or your account, except for limited backup copies and content already processed to generate a response.
  • Your responsibilities. You confirm you have the right to share User Material, including information about other people, and that doing so does not breach anyone's rights or any law.
  • Our IP. The Service — including software, design, text, graphics, and trade marks — is owned by Golden 3 or its licensors. We grant you a limited, personal, non-transferable, revocable licence to use the Service for its intended purpose.
  • Media the Service makes. Pictures, audio, documents, and other media the Service creates or changes belong to Golden 3 or its licensors. That includes stylised and realistic pictures, edits, and media made because you asked. Photos, sound, documents, and other material you upload or provide stay yours.
  • What you may do with them. You may view, listen to, and use that media for your own personal, non-commercial use. You may not sell it, license it, or claim that you own it. We may reuse, change, and offer the same or similar media to other people, including as standard companion artwork or voice.

8. Notes from your companion

Now and then, your companion may send you a short personal note by email at the address on your account. These notes are occasional. They are not a newsletter and do not follow a regular schedule.

If you reply, your reply goes to the same companion and continues your conversation, just as if you had written in the app.

If you would rather not get these notes, just tell your companion, in the app or by replying to a note, and they will stop. Emails we must send to run your account, such as a sign-in code, are not affected.

9. Availability and third parties

We aim to keep the Service available but do not guarantee it will be uninterrupted, timely, secure, or error-free. We may change, suspend, or discontinue features.

The Service relies on third parties (including Apple and AI service providers). Your use of third-party services may be subject to their own terms. We are not responsible for third-party services we do not control.

10. Disclaimer, liability, and Australian Consumer Law

You use the Service at your own risk. To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, and we do not warrant that the Service will be uninterrupted or error-free, or that any output will be accurate or reliable.

To the maximum extent permitted by law, Golden 3 will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill, arising out of or relating to your use of (or inability to use) the Service. To the extent our liability cannot be excluded but can be limited, our total liability is limited to the fees you paid us for the Service.

Australian Consumer Law. Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies those guarantees or any other rights you have that cannot lawfully be excluded. Where our liability for failing to comply with such a guarantee can be limited, it is limited (at our option, to the extent permitted) to re-supplying the Service or paying the cost of having it re-supplied.

11. Changes, termination, and general

  • We may update these Terms from time to time. If we make material changes, we will take reasonable steps to let you know (for example, in the app or on the website). Continued use after changes take effect means you accept the updated Terms.
  • You may stop using the Service at any time. Subscription cancellation is through Apple (Section 5). We may suspend or terminate access if you breach these Terms, if required by law, or if we discontinue the Service.
  • These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
  • If any provision is unenforceable, the rest continues in effect.
  • You may not assign these Terms without our consent; we may assign them as part of a business transfer.

12. Governing law

These Terms and the use of the Service are governed by the laws of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

13. Contact

Golden 3 Pty. Ltd. (ABN 74 010 545 892) — Heartell Email: supportht@heartell.me