3FIVE TERMS OF USE

Last Updated: Jan 11, 2025

These Terms of Use (“Terms”) apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Helping Heart LLC. (“Helping Heart” or “we”), the owner and operator of 3Five, including 3five.app and the 3Five mobile application. By downloading, installing, accessing, posting to, interacting with, or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17, the Privacy Policy, and the Community Guidelines. If you do not agree to these Terms, the Privacy Policy, or the Community Guidelines, do not download, install, access, post to, interact with, or use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at [email protected].

1. Relationship Between Helping Heart LLC and 3Five

3Five is a social media platform developed, owned, and operated by Helping Heart LLC. Throughout these Terms, references to “Helping Heart,” “we,” “us,” or “our” refer to Helping Heart LLC, the legal entity responsible for the 3Five platform, including the website at 3five.app and the 3Five mobile applications available on iOS and Android devices. These Terms govern your use of all 3Five services.

2. Privacy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

3. Eligibility

You must be at least 18 years of age (or the age of legal majority where you live) to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity agrees to be responsible to us.

4. User Accounts and Account Security

You may need to register an account to access some of our Services. If you register an account, you must provide accurate account information and promptly update that information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. As part of our security procedures, you must treat your account credentials as confidential, and you must not disclose your account credentials to any other person or entity. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

You shall not buy, sell, or transfer any aspect of your account (including your username). You agree that your account is not transferable, by operation of law or otherwise, and that in the event of your death, incapacity, or unavailability, we may terminate any rights to your account or User Content.

You can deactivate your account by notifying and asking us to take measures to suspend the login and use of your account. In connection with such a request, we may require you to provide valid identifying information that is consistent with the registered identity information associated with your account. We have the right to refuse your request if such information is not provided.

We reserve the right to suspend, block, or terminate your account at any time, immediately and without notice, if we believe activities associated with your account violate these Terms, the Community Guidelines, or otherwise pose a danger to Helping Heart, the Services, other users, or any third party. Further, if your account has not been used for more than six (6) months, we reserve the right to suspend, close, retrieve, or replace your account, or delete or de-identify all records associated with your account.

5. User Content

Our Services may allow you and other users to create, transmit, post, store, and share content, including messages, text, photos, videos, audio (including musical works and non-musical works), and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Helping Heart.

You grant Helping Heart and its subsidiaries, affiliates, and service providers a perpetual, nonexclusive, royalty-free, worldwide, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you.

6. Prohibited Conduct and Content

You may not violate the Community Guidelines, any applicable law, contract, intellectual property right, or other third-party right, nor commit any tortious acts, and you are solely responsible for your conduct while using our Services. In particular, you will not:

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use or attempt to use another user’s account without authorization;
• Impersonate or post on behalf of any person or entity;
• Engage in financial crimes such as money laundering or credit card fraud;
• Sell, resell, or commercially use our Services;
• Copy, reproduce, distribute, publicly perform, or publicly display our Services;
• Modify our Services or remove any proprietary rights notices;
• Use our Services in any manner that could interfere with or disrupt other users;
• Reverse engineer or attempt to discover source code;
• Use data mining, robots, or similar data-gathering methods;
• Manipulate, interfere with, or attempt to circumvent the intended functioning of the Services, including but not limited to:
  • Using automation tools, scripts, or bots to artificially inflate views, likes, comments, or engagement;
  • Attempting to reverse-engineer, bypass, or exploit moderation, recommendation, or ranking algorithms;
  • Intentionally miscategorizing your content or tagging it with misleading hashtags or labels to deceive viewers or algorithms;
  • Creating or sharing deceptive content, including deepfakes or synthetic media presented as real, to gain views or mislead users.

Such conduct may result in the suspension or permanent termination of your account, at our sole discretion.

7. Prohibited Content

You agree not to upload, post, or share any content that:

• Contains pornography, sexually explicit material, or excessive violence;
• Promotes discrimination, hatred, or violence against any individual or group;
• Bullies, harasses, or intimidates other users;
• Depicts or facilitates illegal activities;
• Contains false or misleading information;
• Infringes on intellectual property rights;
• Constitutes, promotes, or encourages child exploitation or abuse;
• Contains or promotes gambling without proper licensing;
• Includes offensive or insensitive references to religions, cultures, or protected groups;
• Promotes dangerous activities that may result in harm to yourself or others;
• Contains unsubstantiated medical claims or promotes unapproved pharmaceuticals;
• Encourages illegal drug use or provides instructions for manufacturing illegal substances;
• Contains malware, viruses, or other harmful code;
• Attempts to manipulate our systems or circumvent our content moderation;
• Displays, promotes, or facilitates the sale, transfer, or use of firearms, ammunition, explosives, or weapons;
• Provides instructions on how to make or modify weapons;
• Promotes, glorifies, or encourages self-harm or suicide;
• Promotes or glorifies eating disorders;
• Contains non-consensual intimate imagery or deepfake pornography;
• Depicts graphic surgical procedures or extreme body modifications;
• Contains election misinformation or attempts to suppress voter participation;
• Promotes dangerous challenges, pranks, or stunts that could lead to injury;
• Shares private or confidential information about others without permission (“doxxing”);
• Depicts animal cruelty or animal abuse;
• Engages in coordinated inauthentic behavior to manipulate public discourse;
• Violates any app store policies where our Services may be distributed.

We reserve the right to remove any content that violates these prohibitions and to suspend or terminate the account of users who repeatedly post prohibited content. If you see content that violates these terms, please report it through the appropriate channels in our Services.

8. Ownership and Limited License

The Services, including all content, features, and functionality, are owned by Helping Heart or our licensors and are protected under both United States and foreign laws. Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use.

9. Trademarks

“3Five” and related logos, product names, and service names are trademarks of Helping Heart LLC and may not be copied, imitated, or used without our prior written permission. All third-party trademarks are the property of their respective owners.

10. Feedback

You may voluntarily submit feedback, suggestions, or ideas about our Services. You understand that we may use such Feedback for any purpose without compensation to you, and that we may treat Feedback as non-confidential.

11. Copyright Complaints

We respect intellectual property rights. In accordance with the Digital Millennium Copyright Act (“DMCA”), we have adopted a policy of terminating accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that your copyright has been infringed, please contact our DMCA Notice Department at [email protected].

12. Third-Party Content

We may provide information about third-party products, services, or content through our Services. Your dealings with third parties are solely between you and the third party. Helping Heart does not control or endorse any Third-Party Content, and your access to such content is at your own risk.

13. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

14. Termination

We may terminate your access to our Services at any time, for any reason, without notice. If you wish to terminate your account, you may do so by following the instructions on our Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

15. Disclaimer of Warranties

Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. While Helping Heart attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Helping Heart and its affiliates will not be liable to you under any theory of liability for any indirect, consequential, exemplary, incidental, punitive, or special damages, or lost profits, even if Helping Heart has been advised of the possibility of such damages.

The total liability of Helping Heart for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100.00 or the amount paid by you to use our Services.

17. Indemnity

You agree to indemnify, defend, and hold harmless Helping Heart and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of our Services or your breach of these Terms.

18. Governing Law

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Dallas County, Texas.

19. Dispute Resolution

You and Helping Heart agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Helping Heart will pay the remaining JAMS fees and costs. For any arbitration initiated by Helping Heart, Helping Heart will pay all JAMS fees and costs. You and Helping Heart agree that the state or federal courts of Texas and the United States sitting in Dallas County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Helping Heart will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.

19. Class Action Waiver

YOU AND HELPING HEART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Helping Heart agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

20. Privacy Policy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

21. Data Retention and Deletion

When you delete your account, we will remove your profile and account information from view. However, we may retain certain information for legal, security, or business purposes. Content that you have shared with others (such as messages, posts, or comments) may remain visible even after your account is deleted. For more detailed information on data retention and deletion, please refer to our Privacy Policy.

22. Artificial Intelligence and Machine Learning

By using our Services, you acknowledge and agree that we may use your User Content, interactions, and other data to train, improve, and operate artificial intelligence, machine learning models, and related technologies. This may include using your content to enhance features like content recommendations, moderation systems, and personalization. You can learn more about how we use your data for these purposes in our Privacy Policy.

23. Account Recovery and Security

If you believe your account has been compromised, you should immediately change your password and contact our support team. We may require verification of your identity through various methods before restoring access to a compromised account. You are responsible for keeping your account recovery information (such as email addresses and phone numbers) up to date.

24. International Users

Our Services are controlled and operated from the United States. If you access our Services from other regions of the world with laws governing data collection and use that may differ from U.S. law, you acknowledge that your information may be transferred to and processed in the United States. By using our Services, you consent to the transfer of information to the United States and the use and disclosure of information about you as described in our Privacy Policy.

25. Community Guidelines

For information about our Community Guidelines, please see our Community Guidelines.

26. Mandatory Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Helping Heart and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

27. Class Action Waiver

You agree to waive your right to participate in a class action.

28. Privacy Policy

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy.

29. Community Guidelines

For information about our Community Guidelines, please see our Community Guidelines.

30. Child Safety Standards

For information about our child safety standards and prevention measures, please see our Child Safety Standards.

31. Miscellaneous

The failure of Helping Heart to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. For any questions about these Terms or the 3Five platform, please contact Helping Heart LLC at [email protected].