Blackheart Terms of Service & End User License Agreement

Effective date: September 1, 2026 Last updated: September 1, 2026

These Terms of Service and End User License Agreement ("Terms") are a binding agreement between you and Blackheart LLC ("Blackheart," "we," "us," or "our") governing your use of the Blackheart mobile application and the website at www.blackheart.dating (together, the "Service").

PLEASE READ THESE TERMS CAREFULLY. They include a zero-tolerance policy for objectionable content and abusive users (Section 6), important safety disclaimers (Section 9), a limitation of liability (Section 14), and, where enforceable, an arbitration agreement and class-action waiver (Section 15). By tapping "I agree," creating an account, or using the Service, you accept these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and legally able to enter into a contract to use Blackheart. By using the Service you represent that you meet these requirements, that all registration information you provide is accurate, and that you are not barred from using the Service under the laws of your jurisdiction. Accounts found to belong to anyone under 18 are removed.

2. The Service

Blackheart is a dating and social-matching platform that lets adults create a profile, discover and evaluate other members, match, and message. We may add, change, or discontinue features at any time. We do not guarantee that you will find a match or any particular outcome.

3. Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Your phone number serves as your sign-in identifier. Notify us promptly at blackheart@blackheart.dating if you suspect unauthorized use. Your first name and date of birth are permanent once your account is created (your last name and exact birth date are kept private). You may delete your account at any time from within the App.

4. License to use the App

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, solely for your own personal, non-commercial use. You may not copy, modify, reverse-engineer, resell, or create derivative works of the Service, or use it for any commercial or unlawful purpose.

5. Your content

You are responsible for the photos, prompts, messages, and other content you provide ("User Content"), and you represent that you own or have the necessary rights to it and that it does not violate these Terms or any law. You grant Blackheart a worldwide, non-exclusive, royalty-free license to host, store, display, and use your User Content solely to operate and provide the Service. You retain ownership of your User Content. We may remove any User Content at any time for any reason, including violations of these Terms.

6. Acceptable use and ZERO-TOLERANCE policy

Blackheart has ZERO TOLERANCE for objectionable content and abusive users. You agree that you will not, and will not attempt to:

• post, send, or share content that is unlawful, sexually explicit, nude or pornographic, harassing, hateful, threatening, violent, defamatory, or that promotes self-harm;
• post or share content that exploits, sexualizes, or endangers any person, and in particular anyone under 18;
• harass, bully, threaten, stalk, defraud, impersonate, or abuse any other member;
• solicit money, promote commercial or "sugar" arrangements, spam, or run scams;
• use the Service if you are a registered sex offender or have been convicted of a violent or sexual felony;
• collect or misuse other members' information, or share another member's private information without consent;
• upload viruses or malicious code, scrape the Service, or interfere with its operation;
• create multiple or fake accounts, or evade a ban.

Violating this policy — and the accounts responsible for it — will result in content removal and account suspension or permanent termination.

7. Reporting, blocking, and moderation

Every member can report and block any other member from within the App. We review reports and act on objectionable content and abusive users — including removing content and suspending or permanently banning accounts — within 24 hours of a report. Blocking a member immediately removes them from your experience and prevents further contact. We also use automated tools to screen uploaded photos for objectionable content. We are not, however, obligated to monitor all content and are not responsible for content provided by other users.

8. Enforcement

We may investigate suspected violations and may remove content, limit features, or suspend or permanently terminate accounts that violate these Terms, at our discretion and without notice. Accounts terminated for violations are not eligible for refunds. Serious violations, including threats or exploitation, may be reported to law enforcement.

9. Safety disclaimer — important

Blackheart does not conduct criminal background checks or identity checks on members beyond the facial-liveness verification described in our Privacy Policy, and we do not guarantee the identity, intentions, conduct, or safety of any member. You are solely responsible for your interactions with other members. Use good judgment: do not share sensitive personal or financial information, meet new people in public places, tell someone where you are going, and stop contact with anyone who makes you uncomfortable. Interactions with other members are at your own risk. If you feel you are in danger, contact local emergency services.

10. Identity verification and biometric data

Blackheart may use facial "liveness" technology to confirm you are a real, live person. Your biometric information is handled as described in our Privacy Policy, including its limited purpose, retention, and destruction. You may decline verification, though some features may be unavailable. By choosing to verify, you consent to the collection and processing of biometric data for verification and safety as described in the Privacy Policy.

11. Premium subscriptions, passes, and billing

Blackheart offers optional paid features:

• an auto-renewing monthly subscription, and
• a non-renewing 7-day pass.

Purchases are processed by Apple through the App Store and are subject to Apple's terms. Payment is charged to your Apple Account at confirmation of purchase. An auto-renewing subscription automatically renews at the then-current price unless you cancel at least 24 hours before the end of the current period; your Apple Account is charged for renewal within 24 hours before the period ends. You can manage or cancel subscriptions in your Apple Account settings; deleting the App does not cancel a subscription. Prices are shown at the point of purchase and may change with notice. Except where required by law, purchases are non-refundable, and accounts banned for violations are not eligible for refunds. The 7-day pass does not renew and grants access for its stated duration.

12. Intellectual property

The Service, including its software, design, logos, and content we provide, is owned by Blackheart LLC or its licensors and is protected by intellectual-property laws. Except for the limited license in Section 4, these Terms grant you no rights in our intellectual property.

13. Third-party services

The Service integrates third-party services (for example, Apple for purchases and notifications, Giphy for GIF search, and our cloud providers). Your use of those features may be subject to the third parties' own terms, and we are not responsible for third-party services.

14. Disclaimers and limitation of liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that it will result in any match or outcome.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Blackheart LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR YOUR INTERACTIONS WITH OTHER MEMBERS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Dispute resolution and arbitration

To the extent permitted by law, you and Blackheart LLC agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration rather than in court, and you and we waive the right to a jury trial and to participate in a class action. You may opt out of arbitration within 30 days of first accepting these Terms by emailing blackheart@blackheart.dating. Arbitration will be administered in [County], Wisconsin. Nothing here prevents either party from seeking relief in small-claims court or injunctive relief for intellectual-property misuse.

16. Apple App Store — additional terms

Because you obtain the App through Apple's App Store, the following additional terms apply and, in case of conflict with the rest of these Terms as to Apple, control:

• These Terms are between you and Blackheart LLC only, not Apple, and Apple is not responsible for the App or its content.
• The license granted is a non-transferable license to use the App on any Apple-branded device you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App. Any support questions should be directed to us at blackheart@blackheart.dating.
• To the extent permitted by law, Apple has no warranty obligation with respect to the App; any warranty claims are our responsibility.
• Apple is not responsible for addressing product claims, including product-liability, legal/regulatory-compliance, or consumer-protection claims.
• In the event of a third-party claim that the App infringes intellectual-property rights, Blackheart LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and that you are not on any U.S. Government prohibited-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time for violation of these Terms or to protect the Service or other users. Provisions that by their nature should survive termination (including Sections 5, 6, 8, 12, 14, 15, and 16) will survive.

18. Changes to these Terms

We may update these Terms from time to time. Material changes will be versioned and surfaced to you (for example, in the App or on the website), and the "Last updated" date will change. Your continued use of the Service after an update means you accept the updated Terms.

19. Governing law

These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 15. Subject to Section 15, the state and federal courts located in Wisconsin will have jurisdiction over any dispute not subject to arbitration.

20. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

21. Contact

Blackheart LLC Support: blackheart@blackheart.dating Legal notices: blackheart@blackheart.dating Mailing address: Available on request by email (a postal address will be added when Blackheart LLC is formed).