Terms of Service
1.Introduction
These Terms of Service (âTermsâ) govern your use of:
- The Chatty Cuddly Buddy AI-enabled toy (the âDeviceâ)
- The Puffpals Toy mobile application (iOS and Android)
- The Puffpals Toy web application (the âWeb Appâ)
- Any websites or features that link to these Terms (together, the âServicesâ).
The Services are intended to be used by children under 13 together with their parents or legal guardians. Only a parent or legal guardian may create and manage an account and accept these Terms.
By creating an account, accessing, or using the Services, you:
- Agree to these Terms; and
- Acknowledge that you have read our Privacy Policy, which explains how we collect, use, and protect personal information.
If you do not agree, please discontinue use of the Services.
2.Who May Use the Services
You represent and warrant that:
- You are at least 18 years old (or the age of legal majority where you live); and
- You are the parent or legal guardian of any child who uses the Services under your account; and
- You have the authority to agree to these Terms and the Privacy Policy on behalf of your child.
Children cannot create independent accounts or accept these Terms on their own.
3.Accounts and Parental Responsibilities
When you create an account (an âAccountâ), you agree to:
- Provide accurate and up-to-date information
- Keep your login credentials secure
- Notify us promptly at privacy@puffalstoy.com if you suspect unauthorized access
You are responsible for:
- Setting up your childâs profile (name/nickname, age, interests)
- Supervising your childâs use of the Device and the Services
- Choosing which features are appropriate for your child
You are responsible for all activity under your Account.
3.1 Device Binding Rules (One Account / One Device)
IMPORTANT: Device binding affects Subscription access.
- One Device per Account. Each Device may be linked to only one Account at a time.
- One Account per Device. Each Account may be linked to only one Device at a time.
3.2 Unlinking a Device Ends Subscription Immediately (No Refund)
IMPORTANT: If you unlink, reset, transfer, or re-link a Device (including linking it to a different Account), then any active Subscription associated with that Device/Account will end immediately, and you will lose any remaining paid Subscription time.
To the maximum extent permitted by law, we do not provide refunds or credits for any remaining paid time lost due to unlinking, resetting, transferring, or re-linking a Device. This does not limit any non-waivable rights you may have under applicable law.
4.Parental Consent and Verification
Before we enable features that collect personal information from children under 13, we may need to verify that you are the childâs parent or legal guardian (âParental Verificationâ).
To do this, we may use verification steps that are reasonably designed to confirm parent/guardian status, which may include:
- Asking you to complete a simple verification challenge (for example, solving an arithmetic problem); and/or
- Using other methods that are reasonably designed to verify parent/guardian status, which may change over time.
You agree to complete Parental Verification when requested. If Parental Verification is not completed, we may limit or disable certain child-directed features.
Our handling of personal information is described in the Privacy Policy. If we learn that we collected a childâs personal information without the required parental consent, we will delete it as reasonably soon as possible and take other appropriate steps as required by applicable law.
5.Subscriptions and Payments
The Services may offer access to certain content or features through a paid subscription (a âSubscriptionâ).
5.1 Payment Methods (Stripe and Possible Alternatives)
Subscriptions may be purchased and managed through one or more payment methods, including:
- Third-party payment processors (such as Stripe); and/or
- In-app purchases through an application store where you downloaded the app (the âApplication Storeâ, such as the Apple App Store or Google Play), if offered.
The available payment method(s) will be shown to you at the time of purchase. Availability of payment methods may vary by platform (iOS, Android, Web App) and by region.
5.2 Subscriptions via Stripe (or Other Third-Party Payment Processors)
If you purchase a Subscription through Stripe (or another third-party processor):
- The Subscription period (for example, weekly, monthly, or annually) and price will be shown to you at the time of purchase.
- Your Subscription will automatically renew at the end of each Subscription period unless you cancel it before renewal.
- You authorize us and our payment processor to charge your chosen payment method for recurring fees, applicable taxes, and any adjustments, until you cancel.
If a payment fails, we may retry the payment method and may suspend access to paid features until payment is successfully processed.
You can manage or cancel your Subscription through the app, the Web App, or other account management method we make available. Cancellation typically takes effect at the end of the current paid period unless otherwise required by law or stated at the time of cancellation.
5.3 Subscriptions via an Application Store (If Offered)
If you purchase a Subscription through an Application Store:
- Billing and account management are handled by the Application Store and governed by its own terms and policies.
- You can manage or cancel renewal in your Apple ID or Google Play account settings (as applicable).
- Any refund requests must be made through the Application Store in accordance with its refund policy.
5.4 Billing and Fee Changes
We may change Subscription pricing from time to time. Any price change will generally take effect from your next Subscription period. Where required, we will provide prior notice of price changes (for example, via email, in-app notice, Web App notice, or account page) so that you have an opportunity to cancel before the new price applies. If you do not cancel, your continued Subscription after the price change takes effect constitutes your agreement to the new price.
5.5 Refunds
Except where required by law, fees paid for Subscriptions and other purchases are non-refundable, and we do not offer partial refunds or credits for unused portions of a Subscription period.
IMPORTANT (Device Unlinking): As described in Section 3.2, unlinking/resetting/transferring/re-linking a Device causes the Subscription to end immediately and forfeits any remaining paid time, and we do not provide refunds or credits for that forfeited time to the maximum extent permitted by law.
5.6 Use of Purchases
Purchases (including Subscriptions) are for personal, non-commercial use and are not redeemable for cash, and generally cannot be transferred, except as required by applicable law or expressly permitted by us.
6.Acceptable Use
You and your child must not:
- Use the Services for any unlawful, harmful, or abusive purpose
- Attempt to access another personâs account or data
- Interfere with or disrupt the normal operation or security of the Services
- Reverse engineer, decompile, or attempt to extract source code, except where allowed by law
- Misrepresent your identity or your relationship to a child
- Attempt to bypass Parental Verification or child-safety measures
We may suspend or terminate access to the Services if we reasonably believe that these rules or applicable laws are being violated.
7.User Content and Our Rights
âUser Contentâ means any information or materials you or your child provide or generate through the Services, including:
- Child profile data (name/nickname, age, interests)
- Conversation transcripts and responses
- Learning progress data and growth reports
You remain the owner of your and your childâs User Content.
You grant us a limited license to use User Content solely as reasonably necessary to:
- Provide and operate the Services
- Personalize your childâs experience
- Generate insights and reports for you
- Maintain safety and compliance
- Improve the Services (including using de-identified or aggregated data where possible)
We do not sell User Content or use it for third-party targeted advertising, as described in our Privacy Policy.
8.Intellectual Property
We and our licensors own all rights in and to:
- The Services and underlying software
- Visual designs, text, and other content
- Our brand names, logos, and other marks, including âChatty Cuddly Buddyâ and âPuffpals Toyâ (whether registered or unregistered, and including marks that are pending registration).
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Install and use the Puffpals Toy app on devices you own or control
- Access and use the Web App
- Connect and use the Device for your familyâs personal, non-commercial use
You may not copy, modify, distribute, or create derivative works from the Services, except as allowed by these Terms or applicable law.
9.No Professional Advice
The Services and any content or conversations generated through the Services are not designed or intended to provide medical, psychological, therapeutic, mental health, legal, financial, educational, or other professional advice, diagnosis, or treatment.
You remain solely responsible for decisions you make about your child and your family. You should always seek the advice of qualified professionals with any questions about your childâs health, development, or other needs.
10.Disclaimers and Limitation of Liability
10.1 Disclaimers
To the extent permitted by law, the Services are provided on an âAS ISâ and âAS AVAILABLEâ basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability and fitness for a particular purpose.
We do not guarantee that:
- The Services will be uninterrupted, error-free, or secure; or
- Any particular outcome or result will be achieved by using the Services.
10.2 Limitation of Liability
To the extent permitted by law:
- We are not liable for any indirect, incidental, special, or consequential damages, or loss of data or profits, arising out of or in connection with your use of the Services.
- Our total liability for all claims relating to the Services will not exceed the amount you paid to us for the Services in the twelve (12) months before the claim (excluding any small Parental Verification-related authorization, if any).
Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.
11.Governing Law
To the extent permitted by applicable law, these Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the United States, without regard to conflict-of-law rules.
Mandatory consumer protection laws of your place of residence also apply and are not limited by these Terms. You may be able to bring claims in any court in the United States that has jurisdiction over the parties and the subject matter of the dispute.
Nothing in these Terms limits any non-waivable legal rights you may have under the laws of your place of residence.
12.App Stores and Web App
If you download the app from the Apple App Store or Google Play:
- You acknowledge that these Terms are between you and HongKong McGwin Trading Co., Limited, not with Apple or Google.
- Apple and Google are not responsible for the app or the Services and have no obligation to provide maintenance or support.
- For the iOS version, if the app fails to conform to a warranty that cannot be disclaimed under law, you may notify Apple and Apple may refund the purchase price (if any); Apple has no other warranty obligation with respect to the app.
- Apple (for the iOS version) and Google (for the Android version) and their subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.
- You must also comply with the terms and policies of the Application Store that you use.
Billing note: Whether billing and refunds are handled by an Application Store or by a third-party processor (such as Stripe) depends on the payment method you used at the time of purchase (see Section 5).
Web App. If you access the Services through the Web App, your use is subject to these Terms and the Privacy Policy. You are responsible for obtaining compatible devices, browsers, and internet access. We do not guarantee that the Web App will work on all browsers or devices.
13.Changes to These Terms
We may update these Terms from time to time, for example to:
- Reflect changes in our Services
- Address legal or regulatory changes
- Improve clarity
When we make material changes, we will update the âLast updatedâ date and, where appropriate, notify you via email or in-app notice.
If you continue to use the Services after the updated Terms become effective, you agree to the updated Terms. If you do not agree, you must stop using the Services and may request account deletion.
14.Contact Information
For questions about these Terms or the Services, please contact:
HongKong Mcgwin Trading Co., Limited
Attn: Legal â Chatty Cuddly Buddy & Puffpals Toy
Email: legal@puffalstoy.com