Introduction
1.1 Welcome to the ToyPal application ("Application"), developed and provided by Heartoid Ltd ("us", "we", or "our"), a company registered in the United Kingdom.
1.2 These Terms and Conditions ("Terms") govern your use of our Application and any related services. Please read these Terms carefully before using our Application. Your access to and use of the Application is based on your acceptance of and compliance with these Terms. By downloading or using the Application, you agree to be bound by these Terms.
Application Description
2.1 Our Application provides a unique way for parents to create and manage audio stories for their children. The Application uses AI to generate personalized stories that can be played through an attachable device. This device can be attached to any cuddly toy and will then narrate these stories.
2.2 Parents have the ability to completely customize their stories, can set different goals like education or entertainment, and add routines for their children. Also parents can create Phrases with the help of TTS technology.
Content Responsibility
3.1 The stories generated through the Application are created based on the preferences and input of the user. Heartoid Ltd and the Application do not take any responsibility for the content generated by the AI as this content is directly influenced by the user.
3.2 You, the user, accept full responsibility for reviewing and approving or listening to any content generated through the Application before it is used with your child(ren).
Intellectual Property Rights
4.1 Heartoid Ltd retains all rights to the software, databases, design and any content generated or used in connection with the Application.
4.2 The user is granted a limited, non-exclusive, non-transferable license to use the content generated by the Application for personal, non-commercial purposes.
User Obligations
5.1 Users agree to provide accurate and up-to-date information when using the Application and to use the Application in compliance with all applicable local laws and regulations. Misuse of the Application may result in termination of service.
Service Availability
6.1 The Application is intended for use in the United Kingdom, European Union, and United States. If you access or use the Application outside these regions, you do so at your own risk and are responsible for compliance with your local laws.
Third Party Services and Cookies
7.1 We use third-party services and cookies to enhance your user experience, analyze our service performance, deliver relevant advertising, and enable social media functionalities.
7.2 By using the Application, you consent to the use of these third-party services and cookies. For more information on how these are used and how to control your settings, please refer to our Privacy Policy.
Privacy and Data Protection
8.1 Your privacy is of utmost importance to us. We comply with the applicable data protection laws in the UK, EU, and US. Please refer to our Privacy Policy for a detailed explanation on how we collect, use, and protect your personal information.
Limitation of Liability
9.1 Heartoid Ltd, to the maximum extent permitted by law, assumes no liability for any direct or indirect, incidental, consequential, or punitive damages arising out of or related to the use of the Application and the device.
Termination of Service
10.1 Heartoid Ltd reserves the right to terminate or suspend access to the Application for users who violate these Terms, misuse the Application, or for any other reason at our sole discretion.
Payment, Refunds and Cancelation
11.1 If there are any charges associated with the use of the Application, users agree to pay these charges. Information about refunds and cancellations will be provided at the point of purchase.
11.2 Your Subscription begins as soon as you purchase it. At the end of each Subscription period, your Subscription will automatically renew and you will be charged again until you cancel the Subscription plan.
11.3 If your Subscription is due to renew and the payment method fails, your card issuer may try the payment again, if subsequent attempts fail, your subscription will end.
11.4 Subscription plans are inclusive of VAT or equivalent local sales tax. We may change the price for a Subscription from time to time and will try to give you notice of these changes before they come into effect. For existing Subscriptions, any changes we make will take effect at the start of your next Subscription renewal period after the price change. You will be considered to have agreed to the new price if you keep using the App after the price change. If you are unhappy with the price change you should cancel your Subscription before the change takes effect.
11.5 if you have purchased via Apple you can cancel your subscription plan at any time. details of how to cancel your Subscription can be found here
11.6 if you have purchased via Google you can cancel your subscription plan at any time. details of how to cancel your Subscription can be found here
11.7 When you cancel your Subscription, it remains valid up until the last day of the Subscription period that you have paid for and you will not receive a refund of your payment for that period. If you cancel at least one day before the end of the current Subscription period, cancellation will take effect at the end of that Subscription period.
Dispute Resolution and Governing Law
12.1 These Terms will be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of these Terms will be subject to the exclusive jurisdiction of the courts of the United Kingdom.
User-Generated Content
13.1 By posting, uploading, or otherwise making available any content or material on or through the Application, you grant Heartoid Ltd a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, distribute, and otherwise exploit this content in connection with the Application and other Heartoid Ltd promotions.
13.2 You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User-Generated Content you submit; and you have the written consent, release, and/or permission of each and every identifiable individual person in the User-Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User-Generated Content in any manner contemplated by the Application and this Privacy Policy.
13.3 You are solely responsible for your User-Generated Content and the consequences of posting or publishing it. Heartoid Ltd assumes no responsibility and assumes no liability for any User-Generated Content that you or any other user or third party posts or transmits using our Application. You agree that the contributions of User-Generated Content do not contain any material that is defamatory, obscene, illegal, invasive of privacy, or infringing of intellectual property rights, nor do they contain malicious code, such as viruses, worms, or Trojan horses.
Changes to Terms
14.1 We reserve the right to amend these Terms at any time. When we make changes, we will revise the 'last updated' date at the bottom of this document. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Application.
Warranty Disclaimer
15.1 The Application and all related services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. Heartoid Ltd. disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Modifications to the Application
16.1 Heartoid Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application or any service.
Contact Us
17.1 If you have any questions about these terms, please contact us at support@toypal.ai.
Last updated: April 29, 2024