Agreement to Terms
By downloading, installing, accessing, or using Heatwave ("the App," "the Service," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Heatwave. If you do not agree to all of these Terms, you must immediately cease using the Service and delete the App from your device. Your continued use of Heatwave after any modifications to these Terms constitutes your acceptance of such modifications.
Eligibility
Heatwave is strictly an 18+ platform. By creating an account, you represent and warrant that:
You are at least eighteen (18) years of age
The date of birth you provide during registration is accurate and truthful
You have the legal capacity to enter into this binding agreement
You have not been previously banned, suspended, or removed from Heatwave
You are not prohibited from using the Service under the laws of the United States, Canada, or any other applicable jurisdiction
Your date of birth is collected at account creation and used to verify age eligibility. Accounts discovered to belong to individuals under the age of 18 will be terminated immediately, and all associated content and data will be permanently deleted without notice. Providing a false date of birth constitutes a material breach of these Terms and grounds for immediate account termination.
If you are a parent or guardian and believe your minor child has created a Heatwave account, please contact us immediately at [email protected].
Platform Nature & User-Generated Content Safe Harbor
Heatwave is a user-generated content ("UGC") platform. We provide the technology, infrastructure, and platform through which users may create, upload, share, and interact with content. It is important that you understand the following:
Heatwave does NOT create, author, curate, endorse, verify, or assume responsibility for any content posted by users
Users are solely and entirely responsible for the content they create, upload, and share on the platform
The views, opinions, and statements expressed in user content do not represent, reflect, or imply the views of Heatwave
We act as an intermediary and host, not as a content creator, publisher, or editor of user content
United States: Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. Section 230), Heatwave is not treated as the publisher or speaker of any information provided by users of the Service. We provide a platform for user expression and are not liable for content created by our users. Our voluntary content moderation efforts do not make us a publisher of user content.
Canada: Heatwave operates as an intermediary hosting service. We are not responsible for the content created, uploaded, or transmitted by our users. Our moderation activities are undertaken voluntarily to maintain community standards and do not impose editorial control over user content.
While we employ content moderation systems as described in these Terms, no moderation system is perfect, and the presence of moderation does not make us responsible for content that may evade detection. Users interact with other users' content at their own discretion and risk.
Use License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-sub-licensable license to download, install, and use Heatwave on a personal device that you own or control, solely for your personal, non-commercial use. You expressly agree not to:
Copy, modify, adapt, translate, decompile, disassemble, reverse-engineer, or create derivative works of the App, its source code, or any underlying technology
Use any automated tools, bots, scrapers, crawlers, spiders, or data-mining software to access, interact with, or extract data from the Service
Use Heatwave for any commercial purpose, including advertising, solicitation, or promotion, without our prior written consent
Attempt to bypass, circumvent, disable, or interfere with any security features, including but not limited to Firebase App Check device verification, rate limiting, or content moderation systems
Create multiple accounts to evade bans, manipulate platform metrics, circumvent restrictions, or for any other purpose
Remove, alter, obscure, or deface any copyright, trademark, proprietary notice, or branding displayed on or within the App
Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks
Sublicense, rent, lease, sell, or otherwise transfer your rights under this license to any third party
This license is automatically revoked without notice if you violate any provision of these Terms. Upon revocation, you must immediately cease all use of the App and delete it from your devices.
User Accounts
When you create a Heatwave account, you agree to the following:
Provide accurate, current, and complete information during registration, including your real date of birth, and update such information to keep it accurate
Create and maintain a strong, unique password and maintain the confidentiality of your account credentials
Accept full responsibility for all activity that occurs under your account, whether or not authorized by you
Not share your account credentials with any other person or allow any other person to access your account
Not create an account on behalf of another person or entity without their express authorization
Notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account
We reserve the right to suspend, restrict, or permanently terminate any account for violation of these Terms, conduct that threatens the safety or integrity of the platform, suspected fraudulent activity, or as required by law. For non-CSAM violations, you may appeal a suspension or termination within fourteen (14) days by contacting [email protected]. CSAM-related terminations are immediate, permanent, and not subject to appeal. Account termination results in the permanent loss of all tokens, content, followers, and data associated with the account. We are not liable for any loss or damage arising from your failure to comply with this section.
Community Guidelines
By using Heatwave, you agree not to post, share, upload, transmit, or send any content that:
Is illegal under the laws of the United States, Canada, or the jurisdiction in which you reside
Depicts, promotes, distributes, or solicits child sexual abuse material (CSAM) in any form -- this results in an immediate, permanent ban with no appeal, preservation of all evidence, and mandatory reporting to law enforcement agencies including NCMEC and the Canadian Centre for Child Protection
Promotes, glorifies, or materially supports terrorism, terrorist organizations, or violent extremism
Contains credible threats of real-world violence, bodily harm, or death against any individual, group, or institution
Constitutes targeted harassment, sustained bullying, cyberstalking, or doxxing (publishing private or identifying information without consent)
Promotes, glorifies, encourages, or provides instructions for self-harm, suicide, or eating disorders
Contains hate speech targeting individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, veteran status, or any other protected characteristic
Infringes upon the intellectual property rights, copyrights, trademarks, patents, trade secrets, or other proprietary rights of any third party
Constitutes spam, scams, phishing, pyramid schemes, or other deceptive or fraudulent communications
Contains malware, viruses, trojans, worms, ransomware, or any other malicious software or links designed to harm devices, data, or systems
Impersonates any person, entity, or organization, or falsely states or misrepresents your affiliation with any person, entity, or organization
We reserve the right to remove any content and to ban, suspend, or restrict users who violate these Community Guidelines, with or without prior notice. The severity of enforcement action will be proportionate to the violation and may include warnings, temporary suspensions, permanent bans, or law enforcement referral.
Content Moderation
Heatwave employs automated content moderation systems to help maintain community standards and comply with applicable laws. By using the Service, you acknowledge and consent to the following:
Automated Systems:
Image and video uploads are screened using AI-based classifiers, including third-party services such as AWS Rekognition, for explicit imagery, violence, CSAM, and other prohibited content. Content is analyzed before it becomes publicly visible and may be approved, flagged for human review, or rejected automatically.
Text content, including Unlock Chat messages, is screened using the OpenAI Moderation API for hate speech, threats, harassment, self-harm content, violence, and child exploitation material. Messages that fail moderation screening are not delivered.
Limitations of Automated Moderation:
No automated system is perfect. AI classifiers may produce false positives (incorrectly flagging permissible content) or false negatives (failing to detect prohibited content).
The presence of automated moderation does not guarantee that all prohibited content will be detected or removed.
We continuously work to improve our moderation systems but cannot warrant their accuracy or completeness.
Human Review & Appeals:
If you believe your content was incorrectly flagged or removed by automated systems, you may request human review by contacting us at [email protected].
We review all appeals in good faith. If automated systems repeatedly flag content that human review determines is permissible, we will work to adjust our systems accordingly.
We retain final discretion over all content moderation decisions.
Your consent to automated content moderation, including the processing of your content by AI systems, is a condition of using Heatwave. If you do not consent, you must not use the Service.
Flame System
Heatwave features a "flame" system as its core content interaction mechanic. Posts are initially blurred, and users "flame" a post to reveal its content. By using the flame system, you acknowledge and agree to the following:
Flames are a social interaction mechanism, not a currency, asset, or item of monetary value
Flame counts are publicly visible on posts and cannot be hidden
You may unflame (remove your flame from) a post at any time, which will re-blur the post for you
A post becomes "globally unlocked" (unblurred for all users) when it reaches a community-determined flame threshold; however, individual users must still flame the post themselves to view the content, even after global unlock
The flame system is a core feature of Heatwave, and participation in it is inherent to the user experience
We reserve the right to adjust flame thresholds, mechanics, algorithms, and related features at any time and at our sole discretion, without prior notice.
Tokens & In-App Purchases
Heatwave offers virtual tokens ("Tokens") that provide platform convenience and access features within the Service. Tokens are digital items that exist solely within the Heatwave ecosystem. By purchasing or using Tokens, you agree to the following:
Nature of Tokens:
Tokens are virtual items that provide access to premium platform features, including the ability to instantly unlock a post for personal viewing without waiting for the community flame threshold to be reached
Tokens do NOT constitute a purchase of, ownership of, license to, or any rights in the underlying content of any post -- content remains solely owned by its creator
Tokens provide access to a platform service (instant personal viewing access), not ownership or intellectual property rights to any content
Purchasing Tokens:
Tokens are purchased exclusively through the Apple App Store or Google Play Store
All payment processing is handled by Apple, Google, and our payment partner RevenueCat -- Heatwave never directly receives, processes, stores, or has access to your payment card details, bank account information, or other financial credentials
Prices are displayed in your local currency and must be confirmed through your device's native payment system before any purchase is completed
All Token transactions are processed server-side for security and integrity
No Monetary Value:
Tokens have no real-world monetary value whatsoever
Tokens cannot be exchanged for cash, fiat currency, cryptocurrency, or any other form of payment
Tokens cannot be transferred, gifted, traded, or sold to other users
Tokens cannot be redeemed outside of Heatwave
Token spending actions, once processed server-side, are non-reversible
Refund Policy:
Token purchases are generally non-refundable once completed
For unused Tokens, refund requests may be submitted through Apple's or Google's respective refund processes, subject to their policies
If a verified technical error causes an incorrect Token deduction, contact us at [email protected] and we will investigate and correct any confirmed error
Refunds required by mandatory consumer protection laws in your jurisdiction will be honored
Account Termination:
If your account is terminated for violating these Terms (involuntary), all remaining Tokens are permanently forfeited with no refund or compensation
If you voluntarily delete your account, all remaining Tokens are permanently forfeited with no refund or compensation
We recommend you exhaust your Token balance before deleting your account or refrain from purchasing Tokens if you intend to leave the platform
Changes to the Token System:
We reserve the right to modify Token pricing, earning rates, spending options, and the features accessible with Tokens at any time
We will provide reasonable advance notice of material changes to the Token system
Existing Token balances will be honored at their current value after any pricing changes
Instant Unlock — What You Are Paying For
When you spend a Token to "instant unlock" a post, it is critical that you understand exactly what you are paying for:
You are paying for the PLATFORM SERVICE of granting you immediate personal access to view that post's content, bypassing the community flame threshold requirement
You are NOT purchasing the content itself, nor are you licensing, sublicensing, downloading, or acquiring any ownership, intellectual property rights, distribution rights, or reproduction rights to that content
The content creator retains full and exclusive ownership of their content at all times
Heatwave provides the technical infrastructure that makes the content accessible to you -- the Token compensates the platform for providing this instant-access service
Your access is personal and non-transferable -- you may not redistribute, republish, copy, or share the unlocked content
Some posts may have instant unlock disabled -- Tokens cannot be used on these posts, and this does not entitle you to a refund for unused Tokens
Screenshot Protection
Heatwave employs technical measures designed to discourage the unauthorized capture, recording, or reproduction of unlocked content within the App. You acknowledge and agree to the following:
These screenshot and screen-recording protection measures are provided on a BEST-EFFORT basis only and are NOT guaranteed to prevent all forms of content capture
No technology can fully prevent screenshots, screen recording, external photography of a device screen, or other methods of content reproduction
Heatwave is not liable, responsible, or otherwise accountable for any content capture that occurs despite these protective measures
The presence of screenshot protection does not create a warranty, guarantee, or representation that your content is immune from unauthorized reproduction
Users should understand and accept that any content shared digitally, on any platform, carries an inherent and unavoidable risk of unauthorized reproduction, redistribution, or misuse
Circumventing, disabling, or attempting to bypass screenshot protection measures constitutes a violation of these Terms and may result in account termination.
Unlock Chats (Temporary Messaging)
When you spend a Token to instantly unlock a post, a temporary direct messaging channel ("Unlock Chat") may be created between you and the post's author. By using Unlock Chats, you agree to the following rules and limitations:
The post author has twenty-four (24) hours from the time of your instant unlock to initiate the conversation by sending the first reply. If the author does not respond within this 24-hour initiation window, the Unlock Chat expires automatically.
Once initiated by the author, the Unlock Chat is active for twenty-four (24) hours from the time of the author's first response.
Spending additional Tokens to instant unlock other posts by the same author extends the active chat window by an additional 24 hours per unlock.
All messages sent through Unlock Chats are screened by automated moderation systems before delivery. Messages that violate Community Guidelines are blocked and not delivered.
Either participant may block the other or report the Unlock Chat at any time. Blocked or reported chats are immediately locked, and no further messages can be sent or received.
After an Unlock Chat expires, messages are retained for ninety (90) days for safety, abuse investigation, and legal compliance purposes, after which they are permanently deleted.
Messages in reported Unlock Chats are retained for up to one (1) year to support investigation and potential legal proceedings.
Unlock Chats are a privilege, not a right. We may restrict or disable messaging capabilities for any account that abuses this feature, at our sole discretion.
You are solely responsible for the content of messages you send through Unlock Chats. Do not use Unlock Chats to harass, threaten, stalk, send unsolicited explicit content, solicit minors, or engage in any conduct that violates these Terms or applicable law.
Contacts & Friend Discovery
Heatwave offers an optional feature that allows you to discover friends and contacts who are also using the platform. By using this feature, you acknowledge and agree to the following:
Contacts access is entirely optional -- you are never required to grant contacts permission to use Heatwave
If you choose to grant contacts permission, phone numbers from your device's address book are sent to our server over an encrypted connection and immediately converted into irreversible, keyed hashes (using a secret key held only on our server). We do not store raw phone numbers -- they are used only momentarily to generate the hashes and are then discarded
You may optionally add your own phone number to your Heatwave profile to make yourself discoverable by your contacts who also use the platform
Phone numbers are stored exclusively as irreversible, keyed hashes that cannot be converted back to the original phone number
You can remove your phone hash from your profile at any time through your account settings
Contacts permission can be revoked at any time through your device's system settings, which will immediately cease any further contacts synchronization
Content Ownership
You retain full ownership of all content you create and post on Heatwave. By posting content on the Service, you grant Heatwave a non-exclusive, worldwide, royalty-free, sublicensable (solely for the purpose of operating the Service), transferable (solely in connection with a merger, acquisition, or sale of all or substantially all of our assets, to ensure continuity of the Service) license to:
Display, reproduce, and distribute your content on and through the platform to other users in accordance with your privacy settings and the flame-gating mechanics
Create necessary technical copies of your content, including but not limited to thumbnails, compressed versions, cached copies, and format conversions required for delivery across devices and network conditions
Use your content in connection with platform promotion, marketing, and advertising (e.g., featuring popular or trending posts in promotional materials), with attribution to your username
This license exists solely to enable us to operate, improve, and promote Heatwave. The license ends when you delete your content from the platform, except:
Copies of your content that have been shared, reposted, or interacted with by other users prior to deletion
Content that we are legally required to retain (e.g., for law enforcement, legal proceedings, or regulatory compliance)
Technical backup copies that are automatically purged in the normal course of system operations
You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, and permissions to post all content you share on Heatwave; (b) your content does not infringe upon, misappropriate, or violate any third party's intellectual property rights, rights of publicity, rights of privacy, or other proprietary or legal rights; and (c) your content complies with these Terms and all applicable laws and regulations.
Account Deletion
You may delete your Heatwave account at any time through the Settings section of the App. By deleting your account, you acknowledge and agree to the following:
Account deletion is processed server-side and is permanent and irreversible. Once deletion is complete, your account cannot be recovered.
Upon deletion, your profile information, followers and following lists, blocks and mutes, locked and unlocked feed data, notifications, and account settings are removed, and your posts are taken down from the platform with their media scheduled for permanent deletion (purged within 90 days). Certain records are retained for the periods described below.
Cross-user references (e.g., your followers' following lists, blocks held by other users against your account) are cleaned up as part of the deletion process.
Data Retained After Deletion:
Certain data is retained for legal, financial, regulatory, and safety compliance purposes, including:
Token transaction ledger and purchase records (retained for a minimum of one (1) year after account deletion for financial auditing and dispute resolution)
Content moderation logs, including records of flagged, reviewed, rejected, or removed content (retained for a minimum of one (1) year)
Reports filed by you or against you, and any associated investigation records (retained for a minimum of one (1) year)
CSAM-related evidence is retained indefinitely as required by law and is never deleted
All remaining Tokens in your account at the time of deletion are permanently forfeited with no refund, compensation, or credit of any kind.
Content Moderation & Legal Compliance
Heatwave is committed to the safety of its users and compliance with all applicable laws regarding content moderation and reporting obligations.
CSAM Reporting:
Any child sexual abuse material (CSAM) detected on the platform, whether through automated systems or user reports, is immediately preserved and reported to:
The National Center for Missing & Exploited Children (NCMEC) as mandated by United States federal law under 18 U.S.C. Section 2258A
The Canadian Centre for Child Protection (Cybertip.ca) as required by Canadian law
CSAM evidence is never deleted from our systems and is retained as required by law.
Accounts associated with CSAM are permanently banned immediately with no appeal.
Law Enforcement Cooperation:
We may access, preserve, and disclose user information and content to law enforcement authorities, government agencies, or other third parties when we believe in good faith that such action is:
Required by law, regulation, legal process, or enforceable governmental request, including but not limited to subpoenas, court orders, search warrants, or national security letters
Necessary to protect the physical safety of any person, including prevention of death or serious bodily injury
Necessary to prevent, investigate, or prosecute illegal activity, fraud, or violations of these Terms
Necessary to protect the rights, property, or safety of Heatwave, its users, or the public
We retain content, metadata, and user records as described in our Privacy Policy to support these legal obligations and compliance requirements.
Child Safety Standards (CSAE)
Heatwave Social Inc. maintains a zero-tolerance standard against child sexual abuse and exploitation ("CSAE") and child sexual abuse material ("CSAM"). These are our published child safety standards:
Adults only. Heatwave is strictly for users aged 18 and older. Date of birth is collected at sign-up, and accounts indicating an age under 18 are rejected. Minors are not permitted to use the Service.
Strictly prohibited. CSAM, child grooming, the sexualization of minors, and any content or conduct that exploits or endangers a minor are strictly prohibited. Violations result in immediate, permanent account termination with no appeal.
Prevention and detection. All uploaded media is automatically screened before it becomes publicly visible, using AI-based image classifiers (including third-party services such as AWS Rekognition) together with additional moderation tooling. Content suspected of depicting CSAM is blocked, preserved, and escalated for review.
In-app reporting. Any user can report a post, comment, profile, or message directly within the App in two taps via the options menu. Reports are monitored and acted upon promptly.
Reporting to authorities. Heatwave complies with all applicable child-safety laws and reports suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) under 18 U.S.C. Section 2258A and to the Canadian Centre for Child Protection (Cybertip.ca), as well as other relevant regional and national authorities. CSAM evidence is preserved as required by law and is never deleted.
Enforcement. Violations result in content removal, account suspension or permanent ban, and referral to law enforcement where appropriate.
Designated point of contact. Child-safety concerns and inquiries regarding our CSAE/CSAM prevention practices may be directed to [email protected].
DMCA & Copyright
Heatwave respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. Section 512, and applicable Canadian copyright laws.
Filing a DMCA Takedown Notice:
If you believe that your copyrighted work has been copied, reproduced, or used in a manner that constitutes copyright infringement on Heatwave, please send a written notice to our designated DMCA agent:
Heatwave Social Inc.
Attn: Copyright Agent
1215 9th Avenue SW, Suite 1068
Calgary, AB T3C 0H9, Canada
Email: [email protected]
Your DMCA notice must include all of the following:
A description of the copyrighted work you claim has been infringed, or, if multiple works are covered by a single notification, a representative list of such works
Identification of the material you claim is infringing and information reasonably sufficient to permit us to locate that material on the Service (e.g., a URL or username and post description)
Your full legal name, mailing address, telephone number, and email address
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner
Your physical or electronic signature (or that of a person authorized to act on your behalf)
Counter-Notification:
If you believe your content was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to [email protected] that includes:
Identification of the material that was removed or disabled and the location where it appeared before removal
A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
Your full legal name, mailing address, telephone number, and email address
A statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if outside the United States, the jurisdiction in which Heatwave operates), and that you will accept service of process from the person who filed the original DMCA notice or an agent of such person
Your physical or electronic signature
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Heatwave maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat copyright infringers. We may also, at our sole discretion, limit access to the Service or terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Prohibited Conduct
In addition to the Community Guidelines above, you expressly agree not to engage in any of the following conduct:
Stalking, monitoring, intimidating, or harassing any person through or in connection with the Service
Collecting, harvesting, scraping, or aggregating personal information, data, or content of other users without their explicit consent
Interfering with, disrupting, degrading, or attempting to compromise the integrity, performance, or availability of the Service, its servers, networks, or infrastructure
Circumventing, disabling, or attempting to bypass any security features, access controls, authentication mechanisms, rate limits, or content moderation systems
Using the App for any illegal, fraudulent, or unauthorized purpose under the laws of the United States, Canada, or any other applicable jurisdiction
Creating accounts, using bots, or employing any other means to artificially manipulate flame counts, trending rankings, follower counts, token economies, or any other platform metrics
Selling, trading, purchasing, transferring, or otherwise conveying your account, username, Tokens, or any other aspect of your Heatwave presence to any third party
Using Heatwave while driving, operating heavy machinery, or in any situation where distraction could pose a safety risk to yourself or others
Engaging in any activity that constitutes or facilitates money laundering, terrorist financing, sanctions evasion, or other financial crimes
Accessing or attempting to access another user's account without authorization
Current Monetization Practices
Heatwave is committed to a user-first, privacy-respecting business model. As of the date of these Terms, our monetization practices are as follows:
Heatwave currently does not display third-party advertisements within the App
We currently do not sell, rent, lease, or trade your personal data to any third party for their commercial or marketing purposes
We currently do not build advertising profiles, behavioral profiles, or interest-based targeting profiles about you
We currently do not track your activity across other apps, websites, or services for advertising or profiling purposes
We currently do not share your data with data brokers, advertising networks, or analytics companies for monetization purposes
Our revenue is currently derived from in-app Token purchases. If we ever introduce advertising or materially change how we use your data, we will update these Terms and our Privacy Policy, notify you in advance through the App, and where required by law, obtain your consent before any such changes take effect. For complete details on how we collect, use, and protect your information, please refer to our Privacy Policy.
Disclaimer of Warranties
HEATWAVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (D) CONTENT MODERATION WILL DETECT AND REMOVE ALL PROHIBITED CONTENT; (E) SCREENSHOT PROTECTION MEASURES WILL PREVENT ALL UNAUTHORIZED CONTENT CAPTURE; OR (F) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE SUCH WARRANTIES ARE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEATWAVE AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "HEATWAVE PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF USE, PERSONAL INJURY, EMOTIONAL DISTRESS, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY CONTENT POSTED, SHARED, OR TRANSMITTED BY ANY USER; (C) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF YOUR ACCOUNT, CONTENT, OR DATA; (D) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HEATWAVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HEATWAVE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU PAID TO HEATWAVE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED CANADIAN DOLLARS ($100 CAD). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Heatwave and the Heatwave Parties from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with: (a) your use of or access to the Service; (b) your violation of any provision of these Terms; (c) your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or publicity right; (d) any content you create, upload, post, share, or transmit on or through the Service; (e) any interaction between you and any other user of the Service; or (f) any claim that your content caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.
Modifications to the Service
We reserve the right, at our sole discretion, to modify, update, suspend, or discontinue any part or all of Heatwave at any time, with or without notice, and without liability to you. This includes, but is not limited to, changes to features, functionality, user interface, Token pricing, flame mechanics and thresholds, content policies, moderation systems, storage limits, and supported platforms. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service or any part thereof. We will make reasonable efforts to provide advance notice of material changes that significantly affect your use of the Service, but we are not obligated to do so.
Modifications to These Terms
We reserve the right to update, amend, or modify these Terms of Service at any time and at our sole discretion. When we make material changes to these Terms, we will notify you by: (a) displaying a prominent notice within the App; (b) sending a notification to the email address associated with your account; or (c) requiring you to acknowledge the updated Terms upon your next use of the Service. The "Last Updated" date at the top of these Terms reflects the date of the most recent revision. Your continued use of Heatwave after the effective date of any modifications constitutes your binding acceptance of the updated Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Service and delete your account.
Governing Law & Disputes
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be brought exclusively in the courts of competent jurisdiction located in the Province of Alberta, Canada. You hereby irrevocably consent to the personal and exclusive jurisdiction of, and venue in, such courts and waive any objection based on inconvenient forum or lack of jurisdiction. Notwithstanding the foregoing, nothing in this section shall be construed to limit or override the mandatory consumer protection laws of the jurisdiction in which you reside, to the extent such laws apply and cannot be waived by contract.
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the provision, or, if such modification is not possible, shall be severed from these Terms. The invalidity, illegality, or unenforceability of any single provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.
Entire Agreement
These Terms of Service, together with our Privacy Policy and any other policies or guidelines expressly incorporated by reference herein, constitute the entire agreement between you and Heatwave regarding your use of the Service. These Terms supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Contact Us
For any questions, concerns, or inquiries regarding these Terms of Service, please contact us at: [email protected]
