Ground rules
Terms of Use
Effective date Dec 20, 2024
Welcome to Heard of You™. These Terms of Use govern your access to and use of the Heard of You™ website, studio, memorial pages, journals, and related features and services.
By accessing or using Heard of You™, you agree to these Terms. If you do not agree, do not use the service.
What Heard of You™ is
Heard of You™ is a story-first music journal and memorial tool. It allows users to create and save song-based memories, reflections, and related content. Some features may connect with third-party services such as Spotify, Apple Music, or Google.
Heard of You™ is offered in public beta. The service is still evolving and may change at any time.
Eligibility
You may use Heard of You™ only if you can legally form a binding agreement and use the service in compliance with these Terms and applicable law.
If you use Heard of You™ on behalf of another person, family, organization, or other entity, you represent that you have authority to do so.
Beta status
Heard of You™ is provided as an early-stage beta service. Features may be added, changed, limited, interrupted, or removed without notice. Parts of the service may not work as expected. Data, settings, saved content, provider connections, or local device storage may be lost, changed, or become unavailable.
You are responsible for keeping your own copy of anything important.
Accounts and sign in
Some features may be available without creating a Heard of You™ account. Other features may involve sign in or authorization through third-party services, including Google, Spotify, or Apple.
You are responsible for activity that occurs through your device, browser session, or connected third-party account. You must use accurate information and keep your own device and connected accounts reasonably secure.
You may not share access in a way that is misleading, unauthorized, or harmful to others.
Your content
You retain ownership of the text, names, memories, stories, images, audio, and other content you submit to Heard of You™.
You grant Heard of You™ a non-exclusive, worldwide, revocable license to host, store, reproduce, process, format, adapt, display, and use that content only as reasonably necessary to operate, provide, maintain, secure, improve, and support the service. This license ends when your content is deleted from the active service, except to the extent limited retention is reasonably necessary for backups, security, legal compliance, dispute resolution, or technical maintenance.
You represent and warrant that:
- you own your content or have the rights and permissions needed to submit it
- your content does not violate any law or any person’s rights, including privacy, publicity, copyright, trademark, or confidentiality rights
- you have obtained any permissions reasonably needed from any person whose personal information, likeness, voice, or memory you submit
Acceptable use
You may use Heard of You™ only for its intended purposes and in a lawful, respectful, and authorized manner.
You may not:
- use Heard of You™ to harass, threaten, defame, stalk, abuse, or exploit any person
- impersonate another person or misrepresent your identity, authority, or relationship to someone else
- upload or submit content that is unlawful, fraudulent, invasive of privacy, hateful, sexually exploitative, or otherwise harmful
- submit content about another person where you do not have the right or permission to do so
- interfere with or disrupt the service, servers, security, or connected systems
- attempt to access non-public areas of the service or bypass security or technical restrictions
- copy, scrape, mirror, frame, decompile, reverse engineer, or extract source code, underlying ideas, datasets, workflows, or non-public features except where applicable law clearly allows it
- use Heard of You™ or any part of it to develop, benchmark, market, train, support, or operate a competing product or service
- use automated tools, bots, scripts, or other means to access the service in a way that places an unreasonable load on it or collects data without permission
This list of prohibited uses is not exhaustive and does not cover all grounds for restriction, review, or removal.
Third-party services
Heard of You™ may rely on or connect with third-party platforms and services, including Spotify, Apple Music, and Google. Your use of those services is also governed by their own terms, policies, permissions, and technical limits.
Heard of You™ does not control and is not responsible for third-party platforms, third-party content, or changes made by those providers. Features that depend on third-party services may be limited, interrupted, or discontinued at any time.
Heard of You™ does not sell streaming content and does not promise uninterrupted access to any third-party music integration.
Memorials and sensitive content
Heard of You™ is intended to support storytelling, remembrance, reflection, and personal memory keeping. You understand that memorial and memory related content can be emotionally sensitive.
Heard of You™ is not a crisis service, medical service, mental health treatment provider, legal service, or emergency support platform. Nothing in the service is medical advice, mental health advice, diagnosis, treatment, or emergency guidance.
If you or another person may be in danger or needs urgent help, contact local emergency services or a qualified professional right away.
Removal, suspension, and termination
Heard of You™ may review content, reports, or conduct in good faith. We may remove content, restrict features, suspend access, disable memorial pages, or terminate access at any time if we reasonably believe it is necessary to protect users, comply with law, respond to claims, address misuse, preserve service integrity, or reduce risk.
You may stop using the service at any time.
Sections that by their nature should survive termination will survive, including sections on ownership, disclaimers, limits of liability, disputes, and any accrued rights or obligations.
Intellectual property
Heard of You™ and all related software, design, layout, branding, logos, visual elements, text, features, workflows, and non-public materials are owned by Heard of You™ or its licensors, excluding third-party materials and user content.
Except for the limited right to use the service in accordance with these Terms, no right, title, or license is granted to you.
Disclaimer of warranties
To the fullest extent permitted by law, Heard of You™ is provided on an as is and as available basis. We do not guarantee that the service will be uninterrupted, secure, error free, accurate, complete, available at any particular time, or suitable for your needs.
We do not guarantee permanent storage, recovery, portability, or future availability of any content, memorial, journal, integration, or feature.
Limitation of liability
To the fullest extent permitted by law, Heard of You™ and its founders, operators, affiliates, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, loss of content, loss of goodwill, loss of opportunity, emotional distress, or loss of profits arising out of or related to your use of or inability to use the service.
To the fullest extent permitted by law, the total liability of Heard of You™ for any claim arising out of or relating to the service or these Terms will not exceed the greater of one hundred Canadian dollars or the amount you paid to Heard of You™ for the service in the twelve months before the event giving rise to the claim. If you have paid nothing, your sole remedy is to stop using the service.
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Indemnity
You agree to indemnify and hold harmless Heard of You™ and its founders, operators, affiliates, contractors, and service providers from and against claims, losses, liabilities, damages, judgments, costs, and reasonable legal fees arising out of or related to:
- your content
- your misuse of the service
- your violation of these Terms
- your violation of any law or any person’s rights
Changes to the service and to these Terms
Heard of You™ may change, suspend, or discontinue any part of the service at any time.
We may update these Terms from time to time by posting a revised version on the website. The updated Terms will take effect when posted unless a later date is stated. Your continued use of Heard of You™ after the updated Terms take effect means you accept the revised Terms.
Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict of law rules.
You agree that the courts located in Alberta will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the service, unless applicable law requires otherwise.
Contact
Questions about these Terms may be sent to contact@heardofyou.org.