Welcome to HerWay. These Terms & Conditions ("Terms") govern your access to and use of the HerWay web application, services, websites, and related products (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms.
1. Service Description
HerWay is a relationship accountability service. HerWay is not a payment processor, financial transaction intermediary, bank, stored-value service, or real-money gambling platform. The Service lets partners set voluntary commitment goals, agree to direct-charge commitment stakes, and choose transfer destinations, such as a shared date-night account, selected charity, or individual wallet, if a deadline is missed.
2. Voluntary Use and Mutual Consent
Participation in HerWay is strictly voluntary and consensual. Every task, rule, stake, and deadline requires the explicit digital signature of both partners before it is locked into the commitment ledger. Unilateral rule creation, modifications, or deletion is prohibited. Either partner may trigger the emergency pause button to suspend active commitments instantly.
3. Commitment Stakes
You agree that all commitment stakes are positive stakes and commitment pledges to reinforce accountability. The Service does not issue, verify, or support fines, penalties, forfeitures, or punitive charges. Terms used inside the platform, promotional marketing, and agreements focus on "stakes", "pledges", and "commitment stakes".
4. Stripe Connect Direct Charges
Payments are managed securely via Stripe Connect. When a commitment deadline is missed, the stake is directly charged to the challenger's credit card or banking instrument and transferred directly to the target destination account. No funds are pre-deposited, pre-authorized, or held by HerWay. HerWay does not store card data or hold user funds on its balance sheet.
5. Exposure Caps & Safety Guardrails
To prevent financial strain, the Service implements strict default limits:
- Default weekly exposure limit: $50 per couple (maximum configurable limit: $200 per week).
- Maximum active commitment rules per partner: 10.
- Stakes are locked to a 7-day cooldown period for any increase requests.
6. Abuse Policy and Coercion Guardrails
Use HerWay only for voluntary rules agreed by both partners. Coercion, threats, harassment, financial abuse, or weaponizing commitment rules for control is prohibited. If HerWay determines, at its sole discretion, that a user has used the platform for abuse or coercion, we may close the account and remove access to the Service.
7. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, or interpretation thereof, shall be determined by final and binding arbitration in accordance with the American Arbitration Association (AAA) Consumer Arbitration Rules. The user agrees to pay the first $250 of the arbitration filing fee, and both parties waive their right to join or participate in a class-action lawsuit.
8. Data Rights and Client Privacy
HerWay follows GDPR and CCPA data-rights principles. We minimize personal intake, encrypt relationship logs in transit and at rest, and never sell your personal details to third parties. You can export your data ledger or request account deletion from platform settings.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERWAY'S LIABILITY FOR ANY CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO A MAXIMUM OF $100 OR THE TOTAL FEES PAID TO HERWAY IN THE 12 MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
10. Governing Jurisdiction
These Terms, and all actions arising from this agreement, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to conflict of law principles.
11. Contact
Legal questions? Email: support@herway.app.