Heare Terms of Use Agreement

Welcome to the Heare App (“Heare”), Powered by Mighty Networks, a social support media app by Heare Co. We are excited to have you as a user and look forward to creating a safe and respectful space for individuals to connect, support, and uplift one another. Before you begin using Heare, please carefully read and accept the following Terms of Use Agreement (the "Agreement"). By accessing or using our app, you agree to fully comply with these terms and conditions. If you do not agree with any part of this Agreement, you should not use the Heare Application.

Description of Services:

What we are…

1. A social support app with live coaching, breathing techniques, mental wellness training, and lifestyle support.
2. A social gathering place for people to listen openly and gain perspective and support to forge a community of support and growth.
3. A community dedicated to personal, professional, physical, and spiritual growth.

What we are not:

1. We are not medical professionals and do not practice medicine.
2. We are not a suicide prevention group or hotline. Should you be suicidal please call or text 988.
3. We are not professional therapists or psychiatrists.

Heare Co. advises anyone who is suffering from suicidal thoughts, depression, or emotional imbalance to seek professional treatment.

1. Acceptance of Terms

By using Heare, you agree to abide by these Terms of Use and any additional terms and policies referenced herein. Heare Co. reserves the right to modify or update these terms at any time, and will notify you at the email address provided during registration of the changes. It is your responsibility to review these updated terms and contact Heare with any questions at contact@hearebros.com. Your continued use of Heare following any changes to these terms constitutes your acceptance of those changes.

2. User Conduct and Content

Heare is dedicated to providing a safe and respectful environment for its users. As a member of our community, you agree to:

1. Respect and Kindness: Treat all users with respect and kindness. Do not engage in any form of harassment, unwanted or inappropriate/sexually explicit speech, discrimination, or bullying. 
2. No Profanity or Hate Speech: Do not use profanity, hate speech, or engage in any behavior that promotes violence, discrimination, or harm towards others.
3. No Solicitation: Do not request or offer financial assistance, engage in spam, or promote any form of commercial activity without prior consent from Heare Co.
4. No Unauthorized Use: Do not use Heare for any illegal or unauthorized purposes, and do not violate any applicable laws or regulations.
5. Privacy and Consent: Respect the privacy and consent of others. Do not share personal information about others without their permission.
6. Reporting, Blocking, and Moderation: If you encounter content or behavior that violates these rules, please report it to us immediately at contact@hearebros.com. You may also use the “Block” feature and block the offending user until the issue is reviewed. We reserve the right to moderate and remove content or users that violates this Agreement.

3. Account Registration and Security

4. Termination

Heare Co. reserves the right to terminate or suspend your access to the app at any time and for any reason, including violations of this Agreement.

5. Content Ownership

Heare Co. retains ownership of the content you post on Heare, and you grant Heare Co. a non-exclusive, worldwide, royalty-free license to use, modify, and display your content for the purposes of operating and improving the app.

6. Indemnification

You agree to defend and hold harmless Heare Co., and its officers, directors, employees, affiliates, stockholders, agents, successors and assigns (for purposes of this section collectively, the “Heare Indemnitees” and individually, an “Heare Indemnitee”) in all actions and claims, and indemnify Heare Co. from and against all losses incurred by Heare Co. arising from such actions or claims and caused by: (i) your infringement of such third-party’s Intellectual Property Rights; (ii) your breach of any of its representations or warranties set forth herein; (iii) your gross negligence, bad faith or intentional misconduct; and/or (iv) your violation of applicable law. 

7. Disclaimer of Warranties

Heare, including all functionality, offerings, services, or otherwise is provided "as is" and "as available" without any warranties of any kind. Heare Co does not guarantee the accuracy, reliability, or availability of the application.

8. Limitation of Liability

THE TOTAL, CUMULATIVE LIABILITY OF HEARE CO. AND ITS AFFILIATES UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AVERAGE AMOUNTS PAID BY YOU TO HEARE CO. DURING EACH CONSECUTIVE TWELVE (12) MONTHS FOLLOWING THE FIRST USE OF THE APPLICATION.  HEARE CO. LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF HEARE CO.’s EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE ABOVE LIMIT. THE EXISTENCE OF CLAIMS OR SUITS WILL NOT ENLARGE OR EXTEND THE LIMIT.

IN NO EVENT SHALL HEARE CO. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

IN NO EVENT SHALL HEARE CO. BE LIABLE FOR BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR REPUTATION OR LOSS OF PROFITS HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS AGREEMENT ARE A MATERIAL PART OF THE BARGAIN AGREED BETWEEN THE PARTIES IN RELATION TO THE SUBJECT MATTER OF THIS AGREEMENT. THE PARTIES ACKNOWLEDGES THAT EACH WOULD NOT BE WILLING TO ENTER INTO THIS AGREEMENT WITHOUT SUCH PROVISIONS. EACH PARTY ACKNOWLEDGES AND AGREES THAT THESE LIMITATION OF LIABILITY PROVISIONS SHALL APPLY WHETHER OR NOT THE REMEDIES ALLOWED UNDER THIS AGREEMENT ARE DEEMED ADEQUATE AND WHETHER OR NOT SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.   

9. Information Security and Data Protection

You acknowledge that Heare Co. may obtain from You, or have access to, or otherwise store, process or transmit certain private or secure data. Notwithstanding the foregoing, the Parties have complied, and will continue to comply, with their respective obligations arising from the data protection and privacy laws in force, from time to time, to the extent that those obligations are relevant to the Party. Heare Co. agrees to maintain network and application security that, at a minimum, includes network firewall provisioning, intrusion detection, software and subsequent updates, upgrades, and remains secure from those vulnerabilities. 

Heare Co. agrees to comply with all applicable laws that require notification in the event of unauthorized release of information. In the event of a breach of any security obligation, or other event requiring notification under applicable law, Heare Co. agrees to: a) notify you by telephone and e-mail of such an event within seventy-two (72) hours of discovery, and b) assume responsibility for informing all such other individuals in accordance with applicable law, and c) indemnify, hold harmless and defend the other Party against any claims, damages, or other harm related to such security breach.

If either Heare Co. is required to provide information to a third-party and to any public authority regarding your personal data, you will reasonably cooperate in providing such information.  Before complying with any such third-party request for or about your personal data, Heare Co. will, to the extent allowed by law: (a) promptly notify you of its receipt of a third-party request; (b) comply with your reasonable requests regarding the processing of third-party requests; and (c) provide you with the information required for your to respond to third-party requests. 

10. Governing Law

This Agreement is governed by and construed in accordance with the laws of Delaware. Any disputes arising from or relating to this Agreement will be subject to the exclusive jurisdiction of the courts in Delaware     .

11. Contact Us

If you have any questions or concerns about these terms or the Heare app, please contact us at contact@hearebros.com.

By clicking “I Accept” you acknowledge that you have read, understood, and agreed to these Terms of Use. This Agreement constitutes the entire agreement between you and Heare Co regarding your use of the application.

Last Updated: 11/12/2023