Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Low Latency Labs ("Company," "we," "us," or "our") governing your access to and use of the Hearthset mobile application (the "App") and any related services (collectively, the "Service").

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the App. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the App following any modifications constitutes your acceptance of the modified Terms.

2. Description of Service

Hearthset is an educational mobile application designed to help parents and guardians teach emotional intelligence to children. The App provides:

• Curated content about emotions and emotional vocabulary
• Guided conversation scripts for parent-child discussions
• Activities and exercises for emotional learning
• Progress tracking and journaling features
• Educational resources for parents

Important Disclaimer: Hearthset is an educational tool and is NOT a substitute for professional mental health services, therapy, counseling, or medical advice. If your child is experiencing mental health issues, please consult with a qualified healthcare professional.

3. Eligibility and Account Registration

3.1 Age Requirements

• You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account and use the App.
• The App is designed for parents and guardians to use with children under their care and supervision.
• Children under 13 years of age may only use the App under direct parental supervision and may not create their own accounts.

3.2 Account Responsibilities

If you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer current.

3.3 Parental Responsibility

As a parent or guardian using the App:

• You are responsible for supervising your child's interaction with any content or activities in the App
• You confirm that you have the legal authority to consent on behalf of any child whose information you provide
• You agree to monitor your child's use of the App and ensure it is age-appropriate

4. Intellectual Property Rights

4.1 Our Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by Low Latency Labs, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Download and install the App on a device you own or control
• Access and use the App for your personal, non-commercial use

4.3 Restrictions

You agree not to:

• Copy, modify, or distribute the App or any content without our prior written consent
• Reverse engineer, decompile, or disassemble the App
• Remove, alter, or obscure any proprietary notices on the App
• Use the App for any commercial purpose without our authorization
• Reproduce, republish, or redistribute our content for commercial purposes
• Create derivative works based on the App or its content

4.4 Your Content

You retain ownership of any content you create within the App (such as journal entries and notes). By creating content, you grant us a limited license to store and display that content to you within the App. We do not claim ownership of your personal content.

4.5 Trademarks

"Hearthset," the Hearthset logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Low Latency Labs. You may not use such marks without our prior written permission.

5. User Conduct

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates any applicable federal, state, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App
• Use any robot, spider, or other automatic device, process, or means to access the App
• Introduce any viruses, trojan horses, worms, or other malicious or harmful code
• Attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App
• Use the App to transmit or procure the sending of any advertising or promotional material without our consent
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• Use the App in any manner that could disable, overburden, damage, or impair the App

6. In-App Purchases and Payments

6.1 Purchase Terms

The App may offer in-app purchases for premium features or content. All purchases are:

• Processed through the Apple App Store
• Subject to Apple's terms and conditions
• Final and non-refundable, except as required by applicable law or Apple's refund policies

6.2 Pricing

All prices are displayed in your local currency through the App Store and include applicable taxes. We reserve the right to change pricing at any time, but changes will not affect purchases already completed.

6.3 Lifetime Purchases

If you purchase a "lifetime" license:

• "Lifetime" refers to the lifetime of the product (i.e., for as long as the App is available and maintained)
• It does not guarantee perpetual access if the App is discontinued
• We will provide reasonable notice before any discontinuation of services

6.4 Refunds

Refund requests must be submitted through the Apple App Store in accordance with Apple's refund policies. We cannot process refunds directly.

6.5 Family Sharing

Certain purchases may be eligible for Family Sharing through the App Store. Family Sharing availability is subject to Apple's terms and the specific purchase type.

7. Disclaimers

7.1 "As Is" Provision

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of title and non-infringement
• Warranties that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Warranties regarding the accuracy, reliability, or completeness of any content

7.2 Educational Content Disclaimer

IMPORTANT: The content provided in Hearthset is for educational and informational purposes only. It is NOT intended to:

• Diagnose, treat, cure, or prevent any mental health condition
• Replace professional psychological, psychiatric, or medical advice
• Serve as therapy or counseling
• Address serious behavioral or emotional issues

If you have concerns about your child's mental health or emotional well-being, please consult with a qualified healthcare professional, licensed therapist, or counselor.

7.3 No Professional Advice

The Company is not a licensed healthcare provider, therapist, or counselor. The information and content in the App do not constitute professional advice. Always seek the advice of qualified professionals for any mental health concerns.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOW LATENCY LABS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or goodwill
• Any damages resulting from your access to, use of, or inability to use the App
• Any damages resulting from any content or conduct of any third party
• Any unauthorized access to or use of our servers or any personal information stored therein

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless Low Latency Labs and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the App
• Your violation of any third-party rights, including intellectual property rights
• Any content you provide or create within the App
• Your violation of any applicable laws or regulations

10. Termination

10.1 Termination by You

You may terminate your use of the App at any time by:

• Deleting your account (if applicable)
• Uninstalling the App from your device

10.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Conduct that we believe is harmful to other users, third parties, or our business interests
• Requests by law enforcement or government agencies

10.3 Effect of Termination

Upon termination:

• Your license to use the App will immediately cease
• You must delete all copies of the App from your devices
• Provisions that by their nature should survive termination will survive (including ownership provisions, warranty disclaimers, indemnification, and limitations of liability)

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at chintan@lowlatencylabs.app. We will attempt to resolve the dispute informally within 60 days.

11.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Low Latency Labs agree to resolve any claims relating to these Terms or the App through final and binding arbitration, except as set forth below.

Arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in English, and judgment on the arbitration award may be entered into any court having jurisdiction.

11.3 Exceptions

Either party may:

• Bring qualifying claims in small claims court
• Seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights

11.4 Class Action Waiver

YOU AND LOW LATENCY LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to chintan@lowlatencylabs.app within 30 days of first using the App. Your notice must include your name, address, and a clear statement that you wish to opt out.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

13. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• We will notify you of material changes through the App or via email
• Your continued use of the App after changes become effective constitutes acceptance of the revised Terms

If you do not agree to the modified Terms, you must stop using the App.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Low Latency Labs regarding the App and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Notices

We may provide notices to you through the App, via email, or by posting on our website. You may provide notices to us by email at chintan@lowlatencylabs.app.

14.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your use of the App on iOS devices.

15. Apple-Specific Terms

The following terms apply to your use of the App on Apple iOS devices:

• These Terms are between you and Low Latency Labs, not Apple Inc. ("Apple")
• Apple has no obligation to furnish any maintenance and support services with respect to the App
• Apple is not responsible for any product warranties, whether express or implied by law
• Apple is not responsible for addressing any claims relating to the App
• Apple is not responsible for the investigation, defense, settlement, or discharge of any intellectual property infringement claims
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you
• You must comply with any applicable third-party terms when using the App

16. Contact Information

If you have any questions about these Terms, please contact us: