Terms of Service

How do we define personal data?

Welcome to Heart Browser. The Terms and Conditions (hereafter “Terms”) define the terms and conditions under which you agree to use our website and Services, defined below. Heart’s main activity is to provide a free-to-use, dynamic, private search engine accessible through its website heartbrowser.com (hereafter “Services”).

You acknowledge that you have the necessary competence and means to access these Services and to use them. The use of our Services implies your approval of the present Terms. We reserve the right to update, revise or modify the Terms at any time so they can fit the evolutions of the Services of Heart and/or their operation.

Further, your continued use of the Services, after any updates, revisions or modifications of these Terms, shall constitute your acceptance of such updates, revisions or modifications of the Terms. As such, frequent review of these Terms should be made by you to ensure you are aware of all current Terms in effect. Should you not agree to the updated, revised or modified Terms, you should stop using the Services.

Accessibility of Services

You are informed that the Services are operational 24 hours a day and 7 days a week, and you recognize that this accessibility may be interrupted in case of force majeure or technical difficulties. We cannot be held responsible for network or server dysfunctions or any other event that is out of our control, which would impede or degrade access to our Services. We reserve the right to interrupt, suspend momentarily or modify without prior notice access to all or parts of the Services, in order to maintain or control them, to do tests, or for any other reason. Such interruption, suspension or modification does not create an obligation to you or does not entitle you to any compensation.

We will do our best to inform you before any disruptions. You agree not to use the Services in an inappropriate way (for instance, by unlawfully accessing the Services, servers, computers or databases attached to the Services, by launching saturating attacks or by planting malicious or harmful material), under penalty of prosecution. We reserve the right to deny access to the Services to any user who does not respect the present Terms.

About the use of software

Some of our Services may require the use of downloadable software (such as our mobile app or various browser extensions). Heart grants you, for free, a personal, non-transferable, non-exclusive worldwide license, to use the software delivered as part of our Services. This license is exclusively meant to use and benefit from our Services in accordance with the present Terms, excluding any right to copy, modify, distribute, sell, rent all or part of the software. It is the same with decompilation or source code extraction rights, except in cases where decompilation is authorized by law and within the boundaries of such law. Information made available through the Services Information provided on the Services is for informational purposes only. We use our best efforts to ensure that the real-time updated information displayed on our Services are as accurate as possible. However, we cannot guarantee that the results and that the gathered information is free of mistakes and all defects, nor can we guarantee the completeness, up-to-date nature, precision, exhaustiveness, or absence of modification by a third party.

Indemnity

You agree to insure and hold Heart, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with these Services, your violations of the Terms and/or your violation of any such rights of another person.

Warranty

To the maximum extent permitted by law, Heart makes no warranty or representation with respect to the services, their quality, performance, merchantability, or fitness for a particular purpose. As a result, the services are provided “as is” and you’re assuming the entire risk as to their quality and performance.

You understand and acknowledge that Heart will not be liable for problems attributable to the operation of the Services.

Limitation of liability

You explicitly acknowledge, understand and agree that Heart and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from: the use or inability to use our service; the cost of procuring substitute goods and services; unauthorized access to or the alteration of your transmissions and/or data; statements or conduct of any such third party on our service; and any other matter which may be related to our service.

Your only right or remedy with respect to any problems or dissatisfaction with the Services is to uninstall and stop using the Services.

Release

In the event you have a dispute, you agree to release Heart (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Exclusion and Limitations

There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.

Severability

If any of, or portions thereof, the Terms are invalid or unenforceable, the court shall reform the Terms to include an enforceable Term as close to the intent of the original Term as possible. All other Terms shall remain unchanged.

Waiver

The waiver or failure of Heart to exercise any right provided for in the Terms shall not be deemed a waiver of any further or future right under the Terms.

Non-commercial links

We offer hypertext links to other websites or other sources of information published or managed by third parties, i.e., the respective results matching your search query. Given that we cannot exert control over external sources contents, you agree that we do not bear any responsibility relative to the provision of these resources, to their content, to possible collections and transmissions of personal data, cookies planting or any other similar processes done by those sites.

Intellectual property

All intellectual property, including Heart and logos, are owned by Heart Browser. Any total or partial reproduction of this name and its logo, for any reason, including commercial purposes, without prior and written approval by Heart Browser, is forbidden under penalty of prosecution. The Services as well as the elements that compose them or that are accessible from these Services (other than your content, images, pictures, texts accessible via hyperlinks, content of other users), such as texts, images, software, databases, tabs, features, are an exclusive property of Heart Browser and are protected by intellectual property rights.

The various texts, images, photographs, visual interfaces, graphics, trademarks, logos, sounds, music previews, illustrations and videos, accessible through the Services via hyperlinks, can be objects of specific intellectual property. We shall not be held responsible of any attack, damage, loss, harm, counterfeiting and unfair competition action based on the use of our Services, nor of any illicit use of our Services, fraudulent use or attempts to bypass technical protection measures.

Reporting content

Heart is a mere technical intermediary that allows you to access content available on the Internet. When requesting that content be delisted on Heart, if you obtain a positive answer from our side, we remind you that this content can still be available and accessible via other search engines or by typing the webpage URL in the address bar of your web browser. It is your responsibility to contact the publisher and/or hosting provider of said webpages in order to ask for a definitive withdrawal of the content.

In the event that you notice content that may relate to apologies for crimes against humanity, provocation to or apologies for acts of terrorism, incitement to racial hatred towards people on the basis of their sex, their sexual orientation or identity or handicap, child pornography, incitement to violence, or attacks on human dignity when browsing the Services, you have the option to let us know by contacting us at: [email protected].

Governing law and dispute resolution

The Services and their Terms are subject to the laws of Canada, wherever they may be used. In the event amicable solutions fail or are not sought, any dispute arising from these provisions may be brought before the competent courts.

Changes to the Terms

We may make small, inconsequential changes to the Terms with or without notice to you, so you are encouraged to review the Terms from time to time. By continuing to use the Services after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please stop using the Services.

Contact

If you have any questions about the Terms, you can contact us at [email protected].