Terms of Use / End User License Agreement
These Terms of Use and End User License Agreement (âTermsâ or âEULAâ) govern your use of the Chatty Cuddly Buddy AI toy and the Puffpals Toy mobile application.
1.Acceptance of Terms
These Terms are a legal agreement between you and HongKong Mcgwin Trading Co., Limited (âHongKong Mcgwinâ, âweâ, âusâ, or âourâ) covering your use of:
- The Chatty Cuddly Buddy AI-enabled toy;
- The Puffpals Toy mobile application and related services; and
- Any websites or online services that link to these Terms (collectively, the âServicesâ).
By downloading, installing, activating, or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
You represent that you are an adult parent or legal guardian and that any childâs use of the toy or child-facing portions of the app is supervised by you.
2.Relationship with Apple and Google
2.1 Apple App Store
These Terms are between you and HongKong Mcgwin only, and not with Apple Inc. (âAppleâ). HongKong Mcgwin, not Apple, is solely responsible for the Puffpals Toy app and its content.
You acknowledge that:
- Your use of the iOS app must also comply with Appleâs media services and App Store terms and usage rules.
- Apple has no obligation to provide maintenance or support for the app.
- To the maximum extent permitted by law, Apple has no warranty obligations with respect to the app.
- HongKong Mcgwin, not Apple, is responsible for addressing any product claims, privacy issues, or legal obligations relating to the iOS app.
- Apple and its subsidiaries are third-party beneficiaries of these Terms for the iOS version of the app and may enforce these Terms against you in that capacity.
2.2 Google Play Store
For users who download the app from Google Play, these Terms are between you and HongKong Mcgwin only, and not with Google LLC (âGoogleâ). HongKong Mcgwin, not Google, is solely responsible for the Android version of the app and its content.
You acknowledge that:
- Your use of the Android app must also comply with Google Playâs terms of service and any usage rules that apply to your device.
- Google has no obligation to provide maintenance or support for the app, except where required by law.
- To the maximum extent permitted by law, Google is not liable for any claims arising out of or relating to the app or these Terms.
3.Eligibility and Accounts
The parent/guardian section of the app and any account registration are intended for adults. By creating an account, you confirm that you are at least 18 years old (or the age of legal majority in your jurisdiction).
You are responsible for:
- Keeping your login credentials secure;
- All activity that occurs under your account; and
- Ensuring that children use the Services only as permitted by these Terms and our Privacy Policy.
4.License Grant and Restrictions
Subject to your compliance with these Terms, we grant you a limited, personal, non-transferable, non-exclusive license to install and use the Puffpals Toy app on compatible devices that you own or control, including Apple-branded iOS devices and Android devices, as permitted by the App Store and Google Play usage rules that apply to you. This license also permits your householdâs children to interact with the toy and child-facing portions of the app under your supervision.
You may not:
- Distribute, share, or make the app available over a network where it could be used by multiple devices at the same time, except as permitted by Appleâs usage rules;
- Sell, resell, rent, lease, sublicense, or otherwise transfer the app or your rights under these Terms;
- Copy the app except for a single backup or as otherwise allowed by applicable law;
- Reverse-engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works of the app or Services, except where allowed by law;
- Bypass, disable, or interfere with security or usage-limiting features;
- Use the Services for any unlawful, harmful, or abusive purpose, or in a way that could disrupt or damage our systems or othersâ use of the Services.
All rights not expressly granted to you are reserved by HongKong Mcgwin.
5.Subscriptions, Free Trials, and Billing
Certain features of the Services may be offered as auto-renewing subscription(s) (for example, a Puffpals Toy parent subscription with enhanced reports or content). Specific subscription names, prices, and durations are displayed within the app on the purchase screen.
Apple App Store billing
When you purchase a subscription through the iOS app:
- Payment is charged to your Apple ID account at confirmation of purchase.
- The subscription automatically renews for the same price and duration unless auto-renew is turned off at least 24 hours before the end of the current period.
- Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period; the renewal price is shown in the app or in your App Store subscription settings.
- You can manage subscriptions and turn off auto-renewal after purchase by going to your Apple ID account settings on your device (for example: Settings > [your name] > Subscriptions).
- Any unused portion of a free trial period, if offered, is forfeited when you purchase a subscription.
Apple handles billing and refunds for purchases made through the App Store, subject to Appleâs own refund policies. We do not access your full payment details.
Google Play billing
When you purchase a subscription through the Android app on Google Play:
- Payment is charged to your Google Play account at confirmation of purchase.
- You obtain an auto-renewing subscription for the billing period shown in the app; your account is automatically charged at the start of each new billing period until you cancel.
- You can manage or cancel subscriptions at any time in your Google Play account settings (for example: Google Play app > profile icon > Payments & subscriptions > Subscriptions).
- Cancellation takes effect at the end of the current billing period; you will continue to have access to paid features until then.
- If a free trial is offered, any unused portion may be forfeited when you purchase a subscription, as described on the purchase screen.
Google handles billing and refunds for purchases made through Google Play, subject to Google Playâs own policies.
If we offer subscriptions through other platforms or directly, equivalent billing terms will be displayed at the point of purchase.
6.Childrenâs Use and Safety
The toy and child-facing features are designed for children but must be set up and managed by a parent or guardian. You are responsible for reviewing and choosing appropriate settings and features for your child.
Our handling of childrenâs information is described in our Privacy Policy, including our commitments under COPPA and similar laws.
7.User Content and Feedback
The Services may involve content generated from your or your childâs input (for example, conversation transcripts, stories, or drawings) (âUser Contentâ).
You grant us a limited, non-exclusive, worldwide license to use User Content solely to provide, maintain, and improve the Services, including generating responses, creating reports for you, and ensuring safety and compliance.
If you choose to send suggestions or feedback, you agree that we may use them without restriction or obligation to you.
8.Intellectual Property
The Services, including all software, text, images, illustrations, logos, characters, storylines, and other content, are owned by HongKong Mcgwin or its licensors and are protected by copyright, trademark, and other laws.
âPuff Pals,â âChatty Cuddly Buddy,â and associated logos and characters are trademarks or trade dress of HongKong Mcgwin Trading Co., Limited. You may not use our marks without our prior written permission.
9.Third-Party Services and Google Gemini
The Services may rely on or link to third-party services, such as cloud providers, analytics providers, app stores, or AI providers like Google Gemini. Their terms of service and privacy policies may also apply to your use of those services.
We use Googleâs Gemini APIs to generate conversational responses. To do this, we may send text transcripts (not raw audio) and limited context information to Google as described in our Privacy Policy.
According to Googleâs Gemini API terms and usage policies, Google may store API input and output for a period of time and allow trained reviewers to read and annotate that data to help improve Gemini and other Google AI products. Google removes certain direct identifiers before reviewers see the data and instructs developers not to send highly sensitive or confidential personal information, especially to unpaid Gemini services.
Our goal is to minimize what we send to Gemini and to use strong technical and contractual protections. However, we are not responsible for Googleâs independent handling of data under its own terms and policies. Our use of Gemini is further described in the Privacy Policy.
10.Disclaimers and Limitation of Liability
The Services are provided âas isâ and âas availableâ without warranties of any kind. To the maximum extent permitted by law, HongKong Mcgwin disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall HongKong Mcgwin be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
11.Governing Law and Dispute Resolution
These Terms are governed by the laws of Hong Kong SAR, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Services shall be resolved in the courts located in Hong Kong SAR.
12.Changes to Terms
We may modify these Terms at any time by posting updated terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
13.Contact Information
If you have any questions about these Terms, please contact us at customer@puffpals.com.