Terms of Service

Last updated: November 19, 2025.

Welcome to Warm Start Labs LLC d/b/a Heartthrob ("Heartthrob", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our AI companion services, including our website, mobile applications, voice, image, and video-based interfaces (collectively, the "Service"). By using our Service, you agree to these Terms. If you do not agree, do not use the Service.

Note: The Service is intended for use by residents of the United States only.

1. Eligibility

You must be at least 18 years old to use the Service. We do not allow minors under any circumstances. We may request additional verification before enabling certain features.

2. Description of the Service

Our Service provides interactive AI companions that simulate conversation through text and related media.

3. Account Registration

You are responsible for providing accurate information and maintaining the security of your account. Notify us immediately if you suspect unauthorized access.

4. User Conduct

You agree not to:

Violate any law or regulation
Harass, abuse, threaten, or harm others
Attempt to bypass safety systems or filters (e.g. jailbreaking prompts)
Upload illegal, explicit, hateful, or harmful content
Exploit the Service to harm our systems or users

We reserve the right to suspend or delete any content or account at our sole discretion. Where feasible, we may share a brief reason if we restrict content or features.

5. User Content and Created Characters

By using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual license to use, store, reproduce, modify, display, perform, and create derivative works from your User Content:

to operate and improve the Service
to train AI models
for analytics and internal research
for marketing or promotion

You may not upload content you do not have the rights to use.

We do not publicly use your private chat conversations or identifiable content for marketing without your consent.

Public Characters

If you publish a Created Character to be discoverable, other users may chat with it and share outputs. You will not receive compensation from their use. You can make a character private or remove it at any time, but we may retain limited logs as required by law or for safety. We may feature, de-list, or remove characters that violate policies.

6. Data and Privacy

We collect user profile information, chat logs, submitted data, and interaction metadata. Data may be stored and used to improve personalization and AI model performance. For users in jurisdictions with specific privacy laws (e.g. GDPR, CCPA), we:

Provide access, correction, deletion, and data portability rights
Offer the ability to opt-out of certain data uses
Request explicit consent where required

Refer to our Privacy Policy for full details.

7. Payments, Cancellations, and Refunds

Paid features (including subscriptions and day passes) are billed through our web and PWA experience. Plans renew automatically unless you cancel before the renewal date. When you cancel, access continues until the end of the current billing period; canceling does not refund that period.

Refunds are not routine. We offer goodwill refunds on a case-by-case basis. To request one, please contact us with your account email, purchase date, and reason. We review requests within 5 business days; if approved, we process refunds to the original payment method within 10 business days.

Chargebacks create additional fees. Please contact us first; repeated or abusive chargebacks may lead to account restriction.

Day passes and other one-time purchases are final unless required by law or we approve a goodwill exception. Virtual items have no cash value, are non-transferable, and may be modified, limited, or discontinued.

8. Disclaimers

The Service is provided "as-is" and "as available."
We make no guarantees of accuracy, reliability, or fitness for any particular purpose.
Interactions with the AI are not a substitute for professional advice (e.g., medical, legal, mental health).

9. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for indirect, incidental, special, or consequential damages, or loss of profits or data. Our total liability to you is limited to the amount you paid in the 12 months prior to the claim.

10. Dispute Resolution and Arbitration

You agree to resolve any disputes through binding arbitration in Your State, rather than court. You also waive any right to participate in class actions or jury trials. All claims must be brought individually.

11. Account Termination and Inactivity

We reserve the right to terminate or suspend your account for:

Violations of these Terms
Inactivity for an extended period (e.g., 6+ months)
Any reason, at our sole discretion

You may also delete your account at any time. Deleted accounts and associated data may not be recoverable.

12. Mature Content

Important Content Guidelines: This section contains important information about mature content access and restrictions.

Definition

"Mature content" means adult-oriented (romantic or intimate) text. We do not permit nude images or video.

Access Requirements

Only users who are 18+ may enable mature features.
We may update verification methods from time to time.

Restrictions

You may not use mature features to:

talk about or depict anything involving minors, non-consensual activity, or illegal content;
solicit or provide sexual services;
harass, exploit, or target other users; or share private intimate imagery without consent.

Our Rights

We may suspend or terminate accounts that misuse our platform or violate the terms here.

13. Modifications to Terms

We may update these Terms at any time. Changes will be posted and take effect immediately unless otherwise noted. Continued use of the Service means you accept the updated Terms.

14. Digital Millennium Copyright Act (DMCA) Notice & Policy

We respect the intellectual property rights of others and require that users of our Service do the same. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512, we have adopted the following policy regarding copyright infringement.

14.1 Designated Agent

Pursuant to the DMCA, we have designated the following agent to receive notices of alleged infringement:

Designated Agent: Warm Start Labs LLC d/b/a Heartthrob, Attn: DMCA Agent
Address: 30 N Gould St, Ste N, Sheridan, WY 82801
Contact: legal@heartthrob.ai or our contact form

This information is also filed with the U.S. Copyright Office and published in its public DMCA Designated Agent Directory.

14.2 How to Submit a DMCA Notice

If you believe that content available through our Service infringes your copyright, you may send a written DMCA notice to our Designated Agent. Your notice must include all of the following (as required by §512(c)(3)):

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online location are covered by a single notice, a representative list of such works.
Identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL, message ID, or timestamp).
Information reasonably sufficient to allow us to contact you, such as your name, mailing address, telephone number, and email address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.

14.3 Counter-Notice

If your content was removed or access to it was disabled as a result of a DMCA notice, and you believe this was done in error or misidentification, you may file a counter-notice with our Designated Agent. Your counter-notice must include all of the following (as required by §512(g)(3)):

Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, mailing address, and telephone number.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the United States, to the jurisdiction of the United States District Court for the Northern District of California), and that you will accept service of process from the person who provided the original DMCA notice or their agent.

Upon receipt of a valid counter-notice, we will forward it to the complainant and may restore the material 10-14 business days after forwarding, unless we receive notice that the complainant has filed a court action seeking to restrain you from engaging in the allegedly infringing activity.

14.4 Repeat Infringer Policy

We may terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances. Generally, three (3) valid DMCA notices within twelve (12) months may result in termination, but we reserve the right to act sooner in cases of willful or egregious infringement.

14.5 Misrepresentations

Under 17 U.S.C. §512(f), any person who knowingly misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages.

15. Contact Us

If you have any questions or requests, please contact us at our contact form.