Terms of Use — Your Hearth

Agreement to these terms

In short. These terms cover the rules for using this website and the license for any application we publish. They are not a contract for custom software work, which exists only under a separate signed written agreement. If you do not agree, do not use the site or the applications.

These Terms of Use ("Terms") are an agreement between you and Your Hearth LLC ("Your Hearth," "we," "us," or "our"). They apply when you visit yourhearth.net (the "Site") and when you download, install, or use any application we publish (each an "Application"). They include our Privacy Policy.

By visiting the Site or using an Application, you accept these Terms. They bind you personally. If you act for an organization, you also bind it and confirm that you have the authority to do so.

If you do not agree, do not use the Site, and do not download, install, or use an Application. If you already have one installed, delete it.

Who we are

The Site and the Applications are operated by Your Hearth LLC, a limited liability company registered in Illinois, United States.

Company	Your Hearth LLC
Entity type	Limited liability company (LLC)
Jurisdiction	Illinois, United States
Website	yourhearth.net
Email	hello@yourhearth.net

Email is the only way to reach us. We have no phone number and we do not publish a mailing address. If you need a postal address for a legal purpose, such as a formal claim, ask us by email and we will provide it.

The website

Permitted use. You may use the Site for lawful purposes, such as learning about Your Hearth and our Applications and deciding whether to get in touch.

Limited license to view. We grant you a limited, non-exclusive, non-transferable, revocable license to view the Site and to print or save individual pages for your own reference. It does not let you copy, republish, or sell the Site's content.

Information only. The Site is static. It has no accounts, forms, or places to submit content. Its content is general information, not legal, financial, or technical advice, and not an offer to enter into any agreement. It may be out of date. Where it describes an Application that is still in development, it describes our plans, and plans change.

Acceptable use

When you use the Site or an Application, you agree not to:

Scrape, crawl, or access the Site by automated means at a rate or volume that burdens the Site or other people's use of it.
Circumvent, disable, or interfere with any security, access-control, or licensing feature of the Site or an Application.
Probe, scan, or test the vulnerability of the Site, an Application, or the systems behind them, other than by making a good-faith report to us at hello@yourhearth.net. If you find a security problem, tell us and give us a reasonable chance to fix it before you disclose it to anyone else.
Introduce malware or any code designed to disrupt, damage, or gain unauthorized access to a system.
Misrepresent your identity or your affiliation with us.
Use the Site or an Application in violation of applicable law or anyone else's rights.

If we believe you have broken this section, we may block your access.

License to use our applications

This section applies to each Application once it is released. For Applications not yet released, see Pre-release and in-development software.

Grant. Subject to these Terms, Your Hearth LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use each Application, in object-code form, for your personal, non-commercial use on devices that you own or control. Applications are licensed to you, not sold.

Restrictions. You may not:

Copy, modify, or create derivative works of an Application, except as applicable law allows.
Reverse engineer, decompile, or try to derive the source code of an Application, except to the extent that applicable law prohibits restricting you from doing so.
Sell, rent, lease, lend, distribute, sublicense, or otherwise make an Application available to anyone else, except through Family Sharing as described in the Apple App Store terms below.
Remove, alter, or obscure any copyright, trademark, or other proprietary notice in an Application.
Circumvent, disable, or interfere with any licensing, security, or usage-control feature of an Application.
Use an Application commercially, or for an organization, unless we agree in writing.

We reserve every right that these Terms do not expressly grant. If you breach this section, your license ends automatically.

Apple App Store terms

This section applies to any Application you obtain through the Apple App Store (an "App Store Application"). In this section, "Apple" means Apple Inc. If this section conflicts with anything else in these Terms, this section controls for App Store Applications. You and we acknowledge and agree to the following.

These Terms are between you and us only. These Terms are concluded between you and Your Hearth LLC only, and not with Apple. Your Hearth LLC, not Apple, is solely responsible for the App Store Application and its content.
Scope of the license. The license we grant you is a non-transferable license to use the App Store Application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, including Family Sharing.
No maintenance or support from Apple. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App Store Application. Send any maintenance or support question to us at hello@yourhearth.net.
Warranty. If the App Store Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Application to you (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Store Application. Any other claim or loss attributable to a failure to conform to a warranty is our responsibility.
Product claims. Your Hearth LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App Store Application or your possession or use of it. This includes product liability claims, claims that the App Store Application fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
Intellectual property claims. If a third party claims that the App Store Application, or your possession and use of it, infringes that party's intellectual property rights, Your Hearth LLC, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
Export and restricted parties. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that the US Government has designated as a "terrorist supporting" country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
Developer name and contact for claims. The developer of the App Store Application is Your Hearth LLC. You can send questions, complaints, or claims about the App Store Application to hello@yourhearth.net. A postal address for claims is available on request by email.
Third-party terms. You must comply with all applicable third-party terms of agreement when using the App Store Application. For example, you must not violate your wireless data service agreement when using it.
Apple is a third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary of these Terms.

Accounts

The Site has no accounts, and none of our Applications offers accounts today. If and when an Application does, these rules apply.

Give us accurate, current information when you create an account, and keep it up to date.
You are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly at hello@yourhearth.net if you think someone has used it without permission.
We may suspend or close an account if you breach these Terms, if we reasonably believe it is compromised or being used unlawfully, or if the law requires it.

Pricing, purchases, and subscriptions

No paid Application is available today. If and when we charge for one, this is how it works.

Pricing. The price is the one shown in the Apple App Store when you buy. We may change prices for future purchases at any time, but a change does not affect a purchase you have already made.

Apple processes the payment. Purchases and subscriptions made through the App Store are processed by Apple, not by us. We do not receive your payment card details.

Refunds. Apple's refund policy governs refunds for App Store purchases. Because Apple handles the payment, refund requests go to Apple, and we generally cannot issue a refund ourselves. This does not limit your statutory rights.

Subscriptions. If we offer a subscription, you manage and cancel it in your Apple account settings, not inside the Application. On an iPhone or iPad, open Settings, tap your name, and tap Subscriptions. Deleting an Application does not cancel a subscription, so cancel before the renewal date to avoid being charged for the next period. Apple controls this process and may change it.

Pre-release and in-development software

Two Applications are in development and have not been released: Deja Dish, a meal-planning application, and a volunteer-scheduling application. Neither is available to download or use today. This section covers them and any other pre-release or beta software we make available to you.

Provided as is. Pre-release software comes without warranties of any kind.
It may change or disappear. We may change features, pricing, and release plans, or withdraw pre-release software, at any time. Descriptions on the Site are not promises of any feature, price, or release date.
It may contain defects. It can have bugs, lose or corrupt data, and stop working without warning.
Do not rely on it for anything critical. Do not use it for health, safety, legal, or financial decisions, or where a failure could cause harm or serious loss.

Custom software development

Your Hearth LLC also takes on custom software development engagements. We build and deliver working software. We do not provide consulting or advisory services, audits, staff augmentation, or billable-hour advice.

Nothing on the Site is an offer or a quote. Nothing on the Site, and nothing in an email or conversation before a signed agreement exists, is an offer, a quote, a proposal you can accept, or a contract. Descriptions of past or possible work, timelines, and prices are illustrations only.

A signed written agreement governs any engagement. An engagement exists only under a separate written agreement signed by you and by an authorized representative of Your Hearth LLC. That agreement sets the scope, deliverables, fees, ownership of the work, and warranties. If it conflicts with these Terms, the signed agreement controls over these Terms for that engagement.

Intellectual property and feedback

What we own. Your Hearth LLC and its licensors own all rights in the Site, the Applications, our names and logos, and the content on the Site, including text, design, graphics, and code, whether or not registered. Ownership of work we build for a client is governed by the signed agreement for that engagement.

What you may do. You may use the Site and the Applications as described in The website and License to use our applications.

What you may not do. You may not use our names, logos, or other marks without our prior written permission. You may not copy, distribute, or create derivative works from the Site or the Applications, or remove any ownership notice, except as these Terms expressly allow.

Feedback. If you send us suggestions, ideas, or other feedback about the Site or an Application, you grant Your Hearth LLC a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, and exploit it for any purpose. We have no obligation to use it, to keep it confidential, or to pay or credit you for it.

Third-party links and services

The Site and the Applications may link to websites and services that belong to other people, such as the Apple App Store. We do not control those third parties and are not responsible for their content, practices, or availability. A link is not an endorsement, and your use of a third-party site or service is between you and that third party.

Disclaimer of warranties

The Site and the Applications are provided "as is" and "as available." To the maximum extent permitted by law, Your Hearth LLC makes no warranties of any kind about them, whether express, implied, or statutory. That includes the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you. In that case, our warranties are limited to the minimum the law requires.

This section does not limit the Apple refund described above, and it does not apply to custom software built under a signed agreement, whose warranties, if any, are in that agreement.

Limitation of liability

No indirect damages. To the maximum extent permitted by law, Your Hearth LLC and its members, managers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes lost profits, lost data, and the cost of substitute goods or services. It applies under any legal theory, even if we were told the loss was possible.

Cap. To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to the Site, the Applications, or these Terms will not exceed the greater of (a) the amount you paid us in the twelve months before the claim arose, and (b) USD 100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limits may not apply to you. Nothing in these Terms limits liability that cannot be limited by law. Liability for custom software we build is governed by the signed agreement for that engagement.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Your Hearth LLC and its members, managers, employees, and contractors from any third-party claim, and the resulting losses and reasonable costs, to the extent they arise out of your breach of these Terms or your unlawful use of the Site or an Application. We will tell you promptly about any such claim and give you reasonable help in defending it, at your expense.

Termination

By you. You can stop using the Site at any time. You can end your license to an Application by deleting it and ending any subscription in your Apple account settings.

By us. We may suspend or end your access to the Site, or your license to an Application, if you breach these Terms, if the law requires it, or if we stop offering the Site or the Application. When your license ends, stop using the Application and delete every copy.

What survives. Provisions that by their nature should outlast termination will do so. These include the Application restrictions, Intellectual property and feedback, Disclaimer of warranties, Limitation of liability, Indemnification, Resolving disputes, Governing law and venue, and General provisions. Termination does not erase any right or liability that arose before it.

Changes to the site, the applications, and these terms

We may change or discontinue the Site or any Application, in whole or in part, at any time. We may also update these Terms.

When we update these Terms, we will post the new version at https://yourhearth.net/terms and change the effective date at the top of this page. For a material change, we may also tell you by email or in the Application where we have a way to reach you. The effective date at the top of this page is authoritative.

If you keep using the Site or an Application after a change takes effect, you accept the updated Terms. If you do not, stop using them.

Resolving disputes

Most problems can be fixed by talking. Before either of us files a claim in court, we both agree to try to resolve the dispute informally.

Email us at hello@yourhearth.net. Tell us who you are, describe the problem, and say what outcome you want. We will have 30 days from the day we receive your email to work with you to resolve it. If it is not resolved within those 30 days, either of us may proceed under Governing law and venue. We will give you the same courtesy before we file against you.

Governing law and venue

These Terms, and any dispute arising out of or relating to them, the Site, or the Applications, are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules.

After the informal resolution period in Resolving disputes has run, you and we agree that the state and federal courts located in Illinois are the exclusive venue for any such dispute, and each of us consents to the personal jurisdiction of those courts.

If you are a consumer, you may have mandatory rights under the laws of the place where you live. Nothing in this section removes those rights.

General provisions

Severability. If a court finds part of these Terms unenforceable, that part will be enforced to the extent possible, and the rest stays in effect.
No waiver. If we do not enforce a right or provision of these Terms, that is not a waiver of it.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, an acquisition, or a sale of all or substantially all of our assets.
Entire agreement. These Terms, our Privacy Policy, and any separate signed written agreement between you and us are the entire agreement between us about the Site and the Applications.
Notices. We may give you notice by posting it on the Site or by email to an address you have given us. You may give us notice by email to hello@yourhearth.net.
Force majeure. Neither of us is liable for a failure or delay in performing these Terms, other than a payment obligation, caused by events beyond our reasonable control, such as natural disasters, outages, or government action.
No third-party beneficiaries. These Terms create no rights for anyone who is not a party to them, except that Apple and its subsidiaries are third-party beneficiaries as stated in Apple App Store terms.

Contact us

If you have a question about these Terms, want to report a problem, or need to send us a notice, email us at hello@yourhearth.net. Email is our only contact address.

For how we handle information, read our Privacy Policy.