Terms of service

Terms of Service page describes the rules and guidelines for using a website or an application. It outlines the legal responsibilities of the user and the owner of the website or application.

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Last updated: 22 Nov 2024

1. Introduction

2. Description of Services

2.1 Application Description

2.2 Customisation and Features

3. Content Responsibility

3.1 User-Generated Content

3.2 User Responsibility

4. Intellectual Property Rights

4.1 Ownership

4.2 License Grant

4.3 Restrictions

5. User Obligations

5.1 Accurate Information

5.2 Compliance with Laws

5.3 Prohibited Conduct

6. Service Availability

6.1 Geographic Availability

6.2 Service Modifications

7. Third-Party Services and Cookies

7.1 Use of Third-Party Services

7.2 Cookies and Similar Technologies

7.3 Third-Party Terms

8. Privacy and Data Protection

8.1 Compliance with Data Protection Laws

8.2 Privacy Policy

9. ToyPal Device

9.1 Device Description

9.2 Acceptance of Terms

10. Device Usage

10.1 Personal Use Only

10.2 Device Integrity and Maintenance

10.3 Compliance with Laws

11. Prohibited Activities

11.1 You agree not to engage

12. Payment, Subscriptions, and Cancellation

12.1 Fees and Charges

12.2 Subscriptions

12.3 Taxes

12.4 Cancellation

12.5 Refunds

13. Limitation of Liability

13.1 Disclaimer

14. Termination of Service

14.1 Termination by Heartoid Ltd

14.2 Effect of Termination

15. Dispute Resolution and Governing Law

15.1 Governing Law

15.2 Dispute Resolution

16. Changes to Terms

16.1 Modification of Terms

17. Miscellaneous

17.1 Severability

17.2 Entire Agreement

17.3 Waiver

18. Contact Information

Last Updated

1. Introduction

1.1 Welcome to ToyPal, developed and provided by Heartoid Ltd ("us," "we," or "our"), a company registered in the United Kingdom.

1.2 These Terms of Service ("Terms") govern your access to and use of our mobile application ("Application"), the ToyPal device ("Device"), and any related services (collectively, the "Services"). Please read these Terms carefully before using our Services. By accessing or using the Services, you agree to be bound by these Terms.

2. Description of Services

2.1 Application Description

Our Application offers a unique way for parents and caregivers to create and manage audio stories for their children. Utilizing artificial intelligence ("AI"), personalized stories can be played through an attachable Device, transforming any cuddly toy into a storyteller.

2.2 Customization and Features

Parents can fully customize stories, set educational or entertaining goals, and establish routines for their children. Additionally, parents can create phrases using text-to-speech ("TTS") technology.

3. Content Responsibility

3.1 User-Generated Content

The stories generated through the Application are influenced directly by user preferences and input. You acknowledge that Heartoid Ltd and the Application are not responsible for the content generated by the AI based on your inputs.

3.2 User Responsibility

You assume full responsibility for reviewing and approving any content before using it with your child(ren). Heartoid Ltd recommends that you listen to all content to ensure its appropriateness.

4. Intellectual Property Rights

4.1 Ownership

Heartoid Ltd retains all rights, title, and interest in and to the Application, the Device, and all related software and technology, including any updates, enhancements, and modifications.

4.2 License Grant

Subject to your compliance with these Terms, Heartoid Ltd grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Application and Device for personal, non-commercial purposes.

4.3 Restrictions

You agree not to:

Copy, modify, or create derivative works based on the Services.
Reverse engineer, decompile, or attempt to extract the source code of the software.
Remove or alter any proprietary notices or labels on the Services.

5. User Obligations

5.1 Accurate Information

You agree to provide accurate, current, and complete information when creating an account or using the Services.

5.2 Compliance with Laws

You agree to use the Services in compliance with all applicable local, national, and international laws and regulations.

5.3 Prohibited Conduct

You agree not to misuse the Services, including but not limited to:

Using the Services for any unlawful purposes.
Interfering with or disrupting the integrity or performance of the Services.
Attempting to gain unauthorized access to any part of the Services.

6. Service Availability

6.1 Geographic Availability

The Services are intended for use in the United Kingdom, the European Union, and the United States. Users accessing the Services outside these regions do so at their own risk and are responsible for compliance with local laws.

6.2 Service Modifications

Heartoid Ltd reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

7. Third-Party Services and Cookies

7.1 Use of Third-Party Services

We may use third-party services to enhance user experience, analyze service performance, deliver relevant advertising, and enable social media functionalities.

7.2 Cookies and Similar Technologies

By using the Services, you consent to our use of cookies and similar tracking technologies as described in our Privacy Policy.

7.3 Third-Party Terms

Your use of third-party services may be subject to additional terms and conditions. We are not responsible for the practices of such third parties.

8. Privacy and Data Protection

8.1 Compliance with Data Protection Laws

Your privacy is crucial to us. We comply with applicable data protection laws, including the UK Data Protection Act 2018 and the General Data Protection Regulation ("GDPR").

8.2 Privacy Policy

Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal data.

9. ToyPal Device

9.1 Device Description

The ToyPal is a revolutionary Device designed to enhance storytelling experiences for children aged 3-8. By attaching the Device to a compatible soft toy, users can unlock interactive storytelling features powered by AI technology.

9.2 Acceptance of Terms

By purchasing or using the Device, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using the Device.

10. Device Usage

10.1 Personal Use Only

The Device is intended for personal, non-commercial use only. Any unauthorized commercial use, including renting, leasing, or reselling the Device, is strictly prohibited.

10.2 Device Integrity and Maintenance

You are responsible for maintaining the integrity and proper functioning of the Device, including:

Keeping the Device clean and free from damage.
Using the Device in accordance with the manufacturer's instructions.
Not attempting to modify, tamper with, or repair the Device by unauthorized personnel.

10.3 Compliance with Laws

You agree to use the Device in compliance with all applicable laws and regulations.

11. Prohibited Activities

11.1 You agree not to engage in the following activities:

Modifying, reverse engineering, disassembling, or attempting to derive the source code of the Device or Application.
Using the Services for any unlawful purpose or in violation of any applicable laws or regulations.
Reproducing, distributing, or transmitting any content generated by the Services without prior authorization from Heartoid Ltd.
Engaging in any activity that disrupts or interferes with the proper functioning of the Services.
Removing or altering any copyright, trademark, or other proprietary rights notices from the Services or accompanying materials.

12. Payment, Subscriptions, and Cancellation

12.1 Fees and Charges

You agree to pay all fees and charges associated with your use of the Services, as detailed at the point of purchase.

12.2 Subscriptions

Automatic Renewals: Subscription plans will automatically renew at the end of each billing cycle unless canceled by you prior to the renewal date.
Payment Failures: If a payment is declined, your subscription may be suspended or terminated.

12.3 Taxes

All fees are inclusive of VAT where applicable. Prices are subject to change without prior notice.

12.4 Cancellation

Direct Purchases: You may cancel your subscription at any time through the Application settings.
Third-Party Purchases: If you purchased the subscription through Apple App Store or Google Play Store, cancellation procedures may differ. Please refer to their respective policies.

12.5 Refunds

Refunds are governed by our Refund Policy. Please refer to it for detailed information.

13. Limitation of Liability

13.1 Disclaimer

To the maximum extent permitted by law, Heartoid Ltd shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:

Your use or inability to use the Services.
Any content obtained from the Services.
Unauthorized access to or alteration of your transmissions or data.

14. Termination of Service

14.1 Termination by Heartoid Ltd

We reserve the right to terminate or suspend your access to the Services immediately, without prior notice, if you breach these Terms or misuse the Services.

14.2 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts of the United Kingdom.

16. Changes to Terms

16.1 Modification of Terms

We reserve the right to update or change these Terms at any time. Changes will be effective immediately upon posting on this page. Your continued use of the Services after changes have been posted constitutes your acceptance of the new Terms.

17. Miscellaneous

17.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.2 Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices published by Heartoid Ltd, constitute the entire agreement between you and Heartoid Ltd regarding the Services.

17.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.