Heart3

Terms and Conditions

Last updated: February 8, 2025

1. Acceptance of Terms

By accessing and using Heart3 ("the Platform"), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Platform.

2. Description of Service / No Custody

Heart3 is a platform that enables creators to receive tips and memberships from their supporters using cryptocurrency. The Platform facilitates transactions only; it does not hold, store, custody, or control user funds or private keys. All transfers occur directly between users' wallets on the blockchain. We are not a payment institution, e-money issuer, or custodian.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account.

4. Blockchain and Cryptocurrency

Heart3 uses blockchain technology for transactions. You acknowledge that:

  • Blockchain transactions are irreversible
  • You are solely responsible for the security of your wallet and private keys
  • We do not store or have access to your private keys
  • Cryptocurrency values are volatile and may fluctuate
  • You are responsible for any tax obligations related to your transactions

5. User Content

You retain ownership of all content you post on the Platform. By posting content, you grant us a license to use, display, and distribute your content on the Platform. You agree not to post content that is illegal, harmful, or violates others' rights.

6. Prohibited Activities

You agree not to:

  • Use the Platform for any illegal purpose
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit viruses or malicious code
  • Attempt to gain unauthorized access to the Platform
  • Interfere with or disrupt the Platform's operation

7. Tips, Sending and Fees – Transparency

How sending works: When you send a tip, you authorize a blockchain transaction from your connected wallet (e.g. Phantom, Solflare). The transaction is executed on the Solana network. We do not execute the transfer for you; your wallet does. Once confirmed on-chain, the transaction is irreversible. You are responsible for verifying the recipient address and amount before confirming.

Platform fee (Heart3): A fee may be retained by Heart3 on tips:

  • SOL tips: 96.5% of the tip amount goes to the creator, 3.5% to Heart3. For tips below approximately 0.09 SOL, a minimum platform fee of about 0.00089 SOL applies (due to blockchain rent requirements); the creator receives the remainder. Minimum tip: 0.001 SOL.
  • USDC tips: 96.5% to the creator, 3.5% to Heart3. Minimum tip: $0.50 USDC.

Network fees: The Solana network charges transaction (gas) fees. These are separate from the tip and any platform fee, and are set by the network, not by Heart3. You must have sufficient SOL in your wallet to cover the tip and network fees. We recommend keeping a small buffer (e.g. ~0.01 SOL) for fees.

The exact amounts (creator share, platform share, and any minimum) are shown in the tip flow before you confirm. By confirming, you accept these fees and the irreversible nature of the transaction.

8. Disclaimers – No Responsibility

THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEART3 DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

HEART3 IS NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) YOUR USE OF THE PLATFORM, CRYPTOCURRENCY, OR BLOCKCHAIN TECHNOLOGY; (B) LOSS OF FUNDS, WALLET ACCESS, OR PRIVATE KEYS; (C) TRANSACTIONS YOU INITIATE (INCLUDING TIPS), WHETHER DUE TO ERROR, FRAUD, OR OTHERWISE; (D) ACTIONS OR FAILURES OF THIRD PARTIES (WALLET PROVIDERS, NETWORKS, RPC PROVIDERS, BLOCKCHAIN PROTOCOLS); (E) UNAVAILABILITY, INTERRUPTION, OR ERRORS OF THE PLATFORM OR NETWORK; (F) TAX, REGULATORY, OR LEGAL CONSEQUENCES OF YOUR USE. YOU USE THE PLATFORM ENTIRELY AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEART3 (AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, FUNDS, OR GOODWILL, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (I) THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED EUROS (€100).

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Heart3 from any claims, damages, or expenses arising from your use of the Platform or violation of these Terms.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page. Your continued use of the Platform after changes constitutes acceptance of the new Terms.

12. Termination

We may terminate or suspend your account and access to the Platform at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or us.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

Consumers in the EU/EEA: If you are a consumer (natural person acting outside your trade, business, or profession) and reside in the European Union or the European Economic Area, your mandatory statutory rights under the laws of your country of residence are not affected by these Terms where they cannot be waived by contract. Mandatory consumer protection rules (e.g. on unfair terms or liability) remain applicable. For business users, the courts of Germany shall have non-exclusive jurisdiction.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at hello@heart3.org.