Terms & Conditions
Version 2.0 — November 2025
Effective Date: November 8, 2025
Entity: BookHeart, LLC (a North Carolina limited liability company)
Contact: theteam@thebookheart.com
1. Introduction
Welcome to BookHeart, a marketplace and community for romantasy and collectible book lovers. These Terms and Conditions ("Terms") govern your use of the BookHeart website, app, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to these Terms. If you do not agree, please discontinue use.
2. Beta Notice
BookHeart is currently in beta testing. You understand that:
- Features and functionality may change without notice.
- The Platform may experience downtime, bugs, or data loss.
- Access may be limited or revoked at any time.
- The service is provided "as is" with no warranties during the beta phase.
3. Marketplace Role
BookHeart provides a neutral marketplace for users to buy and sell books. BookHeart does not:
- Own or take title to books listed for sale;
- Verify the authenticity or condition of books;
- Guarantee any transaction between users.
Payments are processed securely by Stripe, Inc. via Stripe Connect. BookHeart never holds buyer or seller funds directly.
4. Eligibility
You must:
- Be at least 18 years old;
- Have the legal capacity to enter a contract; and
- Reside in the United States.
Minors under 18 may not use BookHeart.
5. User Accounts
- You are responsible for all activity under your account.
- You must provide accurate information and maintain its security.
- BookHeart may suspend or terminate accounts for policy violations, fraudulent activity, or misuse.
6. Seller Responsibilities
Sellers agree to:
- Accurately describe listed books, including condition and edition details;
- Upload original photos that reflect the actual item;
- Ship items promptly and provide valid tracking information; and
- Comply with all applicable laws and tax requirements.
BookHeart reserves the right to remove listings that violate its policies.
7. Buyer Responsibilities
Buyers agree to:
- Review listings carefully before purchasing;
- Provide accurate shipping information;
- Communicate promptly with sellers regarding issues; and
- Pay all applicable charges and fees.
8. Payment Processing
Payments are securely processed by Stripe Checkout. By using the Platform, you also agree to Stripe's Terms of Service and Privacy Policy.
BookHeart applies a 10% platform fee on completed transactions. Stripe's processing fee (2.9% + $0.30) is also deducted automatically. BookHeart does not store payment card numbers or CVV codes.
9. Escrow & Transaction Milestones
- Funds are held in escrow by Stripe until the order is marked delivered or confirmed received.
- After confirmation (or automatically after a 48-hour inspection period), funds are released to the seller.
10. Disputes Between Users
- BookHeart encourages direct resolution between buyers and sellers.
- If no resolution is reached, BookHeart may, at its discretion, review and determine an outcome.
- All chargebacks and payment disputes are subject to Stripe's dispute resolution process.
11. Prohibited Activities
Users may not:
- Post unlawful, fraudulent, or infringing content;
- Misrepresent item condition or ownership;
- Circumvent BookHeart's payment system;
- Harass, threaten, or defraud other users; or
- Interfere with or damage the Platform.
Violations may result in account suspension or termination.
12. User Content Ownership and License
You retain full ownership of the content you upload — including book photos, profile images, and text descriptions ("User Content"). However, by posting or uploading content to BookHeart, you grant BookHeart, LLC a non-exclusive, worldwide, royalty-free, transferable license to:
- Host, store, reproduce, display, and distribute your content within the Platform;
- Use, reproduce, and publicly display your content (including book photos, titles, and usernames) for marketing and promotional purposes — such as showcasing listings on BookHeart's Instagram, TikTok, Pinterest, or other official channels; and
- Create derivative or adapted versions (e.g., collages, stories, or promotional posts) for the purpose of promoting BookHeart and its users' listings.
This license is limited to promoting the Platform and its community.
You may request removal of any promotional use by emailing theteam@thebookheart.com. BookHeart will not sell your content to third parties or use it in unrelated advertising without additional consent.
13. Intellectual Property Rights
- BookHeart's trademarks, brand assets, and software are owned exclusively by BookHeart, LLC.
- Users may not copy, reproduce, or distribute any part of the Platform without permission.
14. Limitation of Liability
To the fullest extent permitted by law:
- BookHeart is not liable for user actions, listings, or transactions;
- BookHeart is not responsible for data loss, downtime, or errors; and
- Total liability is limited to the greater of $100 or the total fees you paid to BookHeart in the past 12 months.
Some jurisdictions may not allow these limits, in which case they apply only to the extent allowed by law.
15. Disclaimer of Warranties
The Platform is provided "as is" and "as available". BookHeart makes no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
16. Indemnification
You agree to indemnify and hold harmless BookHeart, LLC, its affiliates, and employees from any claims or damages arising out of your use of the Platform, your listings, or your interactions with other users.
17. Arbitration & Class Action Waiver
Any dispute arising from or relating to these Terms shall be resolved by binding arbitration in Mecklenburg County, North Carolina, under the rules of the American Arbitration Association.
Both parties waive the right to a jury trial or to participate in a class action.
18. Governing Law
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law principles.
19. Modifications
BookHeart may update these Terms from time to time. Continued use of the Platform after updates constitutes acceptance of the revised Terms.