TERMS OF SERVICE

Last updated October 8, 2026

AGREEMENT TO OUR LEGAL TERMS

We are Dumke Ventures UG (haftungsbeschränkt) ("Company," "we," "us," "our"), a company registered in Germany at Ebersprung 2, 16321 Bernau, Germany.

We operate the mobile application HeartNotes (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

HeartNotes is a private journaling app that helps you remember and act on the things that matter in your relationship: notes about your partner, things they love or dislike, important dates, and reminders. Your notes are personal to you.

You can contact us by phone at +49 33383 380112, by email at [email protected], or by mail to Dumke Ventures UG, Ebersprung 2, 16321 Bernau, Germany. Our full legal notice is available in our Impressum.

These Legal Terms are a legally binding agreement between you and Dumke Ventures UG about your access to and use of the Services. By using the Services, you agree to these Legal Terms. If you do not agree with these Legal Terms, please do not use the Services.

We may update these Legal Terms in the future. An updated version applies to anyone who starts using the Services or buys a subscription after the date shown at the top of that version. If you started using the Services or bought your subscription earlier, the version that applied at that time continues to apply to you unless you agree to a newer version. Nothing in this paragraph affects any mandatory rights you have under applicable consumer protection law.

You must be at least 16 years old to use the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS AND YOUR CONTENT
  3. USER REPRESENTATIONS
  4. YOUR ACCOUNT
  5. PURCHASES AND PAYMENT
  6. SUBSCRIPTIONS
  7. CANCELLATION AND REFUNDS
  8. PROHIBITED ACTIVITIES
  9. MOBILE APPLICATION LICENSE
  10. AI FEATURES
  11. PRIVACY
  12. TERM AND TERMINATION
  13. AVAILABILITY AND WARRANTY
  14. LIMITATION OF LIABILITY
  15. GOVERNING LAW AND DISPUTE RESOLUTION
  16. OTHER TERMS
  17. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

HeartNotes is a private journaling app. You can write and store notes, lists, important dates, and reminders, for example about your partner and your relationship, and the app helps you recall and act on them.

The content of your notes is created by you and is personal to you. HeartNotes provides journaling, reminder and AI-assisted features. It is not a substitute for professional advice, such as therapeutic, medical, psychological or legal advice.

Changes to the Services

We may change the App and its features for a valid reason, for example to adapt to new technology, security needs or legal requirements, or to improve the Services, as long as this costs you nothing extra. Your statutory rights in the case of changes to paid digital products (§ 327r of the German Civil Code (BGB)) remain unaffected.

2. INTELLECTUAL PROPERTY RIGHTS AND YOUR CONTENT

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and applicable treaties in Germany, the European Union, and around the world.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or use the Content to which you are properly granted access, solely for your personal, non-commercial use. Any content generated for you within the Services may be used for your own personal, non-commercial purposes.

Your Content

You keep all rights in the notes, facts, photos and other content you add to the Services. You give us a non-exclusive right to store, process, transmit and display this content only as far as needed to provide the Services to you, for example to store it in our cloud database and to send it to our service providers, including our AI provider, when you use an AI feature. This right ends when your content is erased from our systems (see Section 12).

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) the information you submit will be true and accurate; (2) you will keep such information up to date as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 16 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide information that is materially untrue and do not correct it after we ask you to, we may suspend or end your account as described in Section 12.

4. YOUR ACCOUNT

When you first open the App, we create an account for you automatically, without a password or username. Your notes are linked to this account on this device. If you delete the App or change devices, you may not be able to access your notes again, because there is no login to restore them. You are responsible for all activity on your device that uses your account.

5. PURCHASES AND PAYMENT

All purchases and subscriptions are processed through the Apple App Store or the Google Play Store, with subscription management facilitated by RevenueCat. We do not collect or store your full payment card details; payment is handled by Apple, Google, and their payment processors under their respective terms and privacy policies. By making a purchase, you agree to pay the prices displayed to you at the time of purchase, which are charged to your Apple App Store or Google Play account.

All purchases are subject to the terms of the applicable app store, which acts as the merchant of record. Prices and availability are subject to change.

We are a small business under § 19 of the German VAT Act (UStG) and do not charge VAT ourselves. For purchases in the App, the app store is the seller, and the price it shows includes any VAT the app store charges.

6. SUBSCRIPTIONS

Billing and Renewal

The Services may be offered on a subscription basis. The price and billing period for each subscription are displayed to you on the purchase screen before you confirm your purchase. Payment is charged to your Apple App Store or Google Play account upon confirmation of purchase.

Subscriptions are sold, billed, and renewed by Apple or Google under their terms. Unless you cancel at least 24 hours before the end of the current period, the app store renews your subscription for the same period and charges your app store account within 24 hours before the period ends. If the price of your subscription changes, the app store will inform you in advance and, where required, ask for your consent before charging the new price.

Free Trials

If we offer a free trial, the length and terms of the trial are disclosed on the purchase screen. Unless you cancel before the end of the trial, the trial will automatically convert into a paid subscription at the price disclosed. Any unused portion of a free trial period is forfeited when you purchase a subscription.

Cancellation

You can cancel your subscription at any time through your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current paid period, and you will retain access until then. Deleting the App does not cancel your subscription. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

7. CANCELLATION AND REFUNDS

Purchases are processed by Apple or Google, and refund requests are handled in accordance with their respective policies. To request a refund, please use the refund process of the Apple App Store or Google Play Store through which you made the purchase.

Your statutory right of withdrawal (EU/EEA consumers). Purchases in the App are made from Apple or Google. If you are a consumer in the EU/EEA, you have a statutory right to withdraw from the purchase within 14 days without giving reasons. You exercise this right through the app store you bought from (Apple: reportaproblem.apple.com; Google Play: the refund request in your Google Play account). The app store handles the withdrawal and any refund under its terms and the law. Nothing in these Legal Terms limits any mandatory statutory rights you have as a consumer.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services.
  • Use the Services to harass, stalk, monitor, threaten, abuse, defame, or otherwise harm another person, including the person your notes are about, or to create or share content that is unlawful, defamatory, or violates another person's rights.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Use the Services in a manner inconsistent with any applicable laws or regulations, or to upload or transmit viruses, malware, or other harmful material.
  • Attempt to impersonate another person.
  • Reverse engineer, decompile, or disassemble any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
  • Use the Services as part of any effort to compete with us, or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

Your notes may include information about other people, such as your partner. Please only record what you are allowed to know and keep for your personal use, and do not use the Services to secretly monitor or track another person.

9. MOBILE APPLICATION LICENSE

Use License

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with these Legal Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, except to the extent permitted by applicable law; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; or (4) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.

Apple and Android Devices

If you downloaded the App from the Apple App Store, Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) applies to your licence of the App. These Legal Terms apply in addition to it. If the two conflict on a licence question, Apple's agreement applies; on all other questions, these Legal Terms apply. Mandatory consumer law of your country always applies. These Legal Terms are concluded between you and us only, not with Apple or Google. We, not Apple or Google, are responsible for the App and its content, including any product claims and any claims that the App infringes third-party rights.

The following terms apply when you use the App obtained from either the Apple App Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Legal Terms against you as a third-party beneficiary thereof.

10. AI FEATURES

HeartNotes offers AI features, including the AI Coach ("Ask me") chat, a compliment generator, and automatic saving of facts you mention in the chat. Some of these features are only available with a paid subscription.

When you use an AI feature, the text you enter, your partner's name and the notes you have saved in HeartNotes are sent through our servers to our AI provider, OpenAI, which processes them on our behalf to create the answer. The AI Coach may also recognise new facts in what you write and save them as notes or update existing notes. You will see a short message when this happens, and you can edit or delete these notes at any time. AI output is generated automatically and may be inaccurate or incomplete. Please check it before you rely on it. It is not relationship advice or professional advice, such as therapeutic, medical, psychological or legal advice.

11. PRIVACY

Our Privacy Policy at heartnotesapp.com/privacy explains how we process your personal data when you use the Services. The Privacy Policy is for your information and is not part of these Legal Terms. Our full legal notice (Impressum) is available at /impressum.

12. TERM AND TERMINATION

These Legal Terms remain in force while you use the Services. We may suspend or end your access to the Services for good cause, in particular if you seriously or repeatedly breach these Legal Terms or applicable law. Where reasonable, we will warn you first and give you a chance to fix the problem. We may also stop offering the Services or end your free account. If we end your access to a paid subscription without good cause on your side, you can ask us for a pro-rata refund of fees you paid in advance for the remaining period.

You may end your use of the Services at any time. In the App, go to Settings and tap "Delete All Data". This clears your data from the App on your device straight away and marks your data as deleted in our database. The marked data, and your partner photo in our cloud storage, stay in our systems until you ask us to erase them permanently. To have them erased, email us at [email protected] and we will erase them. Deleting the App alone does not delete your data or cancel any active subscription; please cancel subscriptions through your app store account settings as described in Section 6.

13. AVAILABILITY AND WARRANTY

We work to keep the Services available and working, but short interruptions can happen, for example for maintenance or because of technical problems outside our control. For the free version of the Services, we provide the Services as they are and do not promise that they will always be available or error-free. For paid features, the statutory rules on defects and updates of digital products (§§ 327 et seq. of the German Civil Code (BGB)) apply. Our liability is governed by Section 14.

AI-assisted suggestions are generated automatically, may be inaccurate, and are not professional advice (see Section 10).

14. LIMITATION OF LIABILITY

We are liable without limitation: (a) for damages arising from injury to life, body, or health caused by a negligent or intentional breach of duty by us; (b) for damages caused by our intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit); (c) for defects that we have fraudulently concealed (arglistig verschwiegene Mängel); (d) to the extent we have assumed a guarantee (Garantie); and (e) under the German Product Liability Act (Produkthaftungsgesetz) and any other mandatory statutory liability.

In the case of slight (ordinary) negligence, we are liable only for the breach of an essential contractual obligation (Kardinalpflicht), that is, an obligation whose fulfillment is essential to the proper performance of the contract and on whose observance you may regularly rely. In that case, our liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slight negligence is excluded.

In the case of loss of data, our liability for the effort of restoration is in any event limited to the amount that would have been incurred had you made regular and risk-appropriate backup copies of your data.

The above limitations and exclusions also apply in favor of our legal representatives, employees, and vicarious agents (Erfüllungsgehilfen). Nothing in this Section limits, and the above does not apply to: (i) any mandatory statutory liability, including under the German Product Liability Act and under data protection law (e.g., Article 82 GDPR); (ii) your statutory rights as a consumer; or (iii) your statutory rights and remedies in respect of defects or non-conformity of paid digital content or digital services under §§ 327 et seq. of the German Civil Code (BGB), which remain unaffected.

15. GOVERNING LAW AND DISPUTE RESOLUTION

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of the country in which you have your habitual residence.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of the German Consumer Dispute Resolution Act (VSBG).

16. OTHER TERMS

Feedback

If you send us suggestions, we may use them to improve the Services without obligation to you.

Third-Party Services

The Services rely on third-party services such as the Apple App Store, Google Play, and our AI provider; their own terms apply to your use of them.

Severability

If any provision of these Legal Terms is invalid, the remaining provisions stay in effect and the statutory rules apply in place of the invalid provision.

California Users

Under California Civil Code Section 1789.3, the provider of the Services is Dumke Ventures UG (haftungsbeschränkt), Ebersprung 2, 16321 Bernau, Germany, [email protected]. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Residents of California and other US states with privacy laws can find their privacy rights in our Privacy Policy.

17. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Dumke Ventures UG (haftungsbeschränkt)
Ebersprung 2
16321 Bernau
Germany
Phone: +49 33383 380112
[email protected]

Managing Director (Geschäftsführer): Tom Dumke · Registry Court: Amtsgericht Frankfurt (Oder) · Commercial Register: HRB 17796. See our full Impressum.