Terms of Service | Puffling

1. Who the Service is for

Puffling provides personalized play activity ideas, stories, and rhymes for children ages 0–6. The Service uses artificial intelligence to tailor recommendations based on information you provide, including child age and preferences.

The Service is intended to support, not replace, parental judgment or professional advice. You are responsible for supervising your child and evaluating whether any activity is appropriate and safe for your child and environment.

2. Eligibility and account registration

To create an account and use the Service, you must:

be at least 18 years old, and
be able to form a binding contract in your jurisdiction.

You agree to provide accurate and complete information and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

3. Children's privacy and the Children's Online Privacy Protection Act (COPPA)

The Service is intended for use by parents/guardians and other adult caregivers, not by children. We do not knowingly collect personal information directly from children under 13. Child profile information is provided by a parent/guardian.

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share information, including child profile information.

4. Subscriptions, free trials, billing, and cancellations

4.1 Subscription plans

Some features require a paid subscription ("Subscription"). Subscription offerings, feature availability, and pricing are presented in-app or on the Service at the time you subscribe.

4.2 Billing and renewal

Subscriptions are billed in advance on a recurring basis (e.g., monthly or annually) and automatically renew unless cancelled before the renewal date.

4.3 App Store / Google Play terms

If you subscribe through Apple's App Store or Google Play, your purchase is processed by that third party and is governed by their payment terms. Refunds and cancellations are handled according to the policies of the store through which you subscribed. Puffling cannot issue refunds for purchases made through third-party app stores except where required by law.

4.4 Free trials and promotions

If offered, free trials convert to a paid subscription unless cancelled before the trial ends. Promotional pricing or offers may be time-limited and subject to additional terms presented at signup.

5. Usage limits, fair use, and abuse guardrails (including "unlimited" plans)

If your plan includes "unlimited" generations (including activities, stories, or rhymes), "unlimited" means reasonable use for personal, non-commercial purposes consistent with typical family/household usage.

To protect the Service, other users, and our infrastructure, Puffling may implement and enforce technical and operational limits at any time, including rate limits, concurrency limits, daily/weekly caps, throttling, queuing, feature restrictions, model restrictions, or other usage controls. Limits may vary based on plan, feature, system capacity, abuse signals, region, and other factors.

You agree not to (and not to attempt to):

access, generate, scrape, harvest, or extract content automatically or programmatically (including via bots, scripts, scraping tools, or unattended use);
circumvent or bypass any usage limits, access controls, safety systems, or protective measures;
share, sell, transfer, sublicense, or resell access to the Service, share accounts outside your household, or use the Service to power third-party products/services without Puffling's written permission;
use the Service in a way that is excessive, abusive, or imposes an unreasonable burden on the Service (as determined by Puffling in good faith).

If we believe your usage is abusive or violates these Terms, we may (in addition to any other rights) restrict generations, reduce access to certain features, require verification, suspend or terminate your account, or take other actions to protect the Service.

6. Acceptable use

You agree not to:

use the Service for any unlawful, harmful, fraudulent, or abusive purpose;
use the Service in any way that could harm children or encourage unsafe activities;
attempt to gain unauthorized access to any part of the Service or its systems;
interfere with or disrupt the Service, including by introducing malware or attempting to overload systems;
reverse engineer, decompile, or attempt to derive source code or underlying components of the Service (except where prohibited by law);
copy, modify, distribute, sell, or lease any part of the Service, except as expressly permitted by these Terms.

We may investigate and take any action we deem appropriate in response to violations, including account suspension or termination.

7. Your inputs, generated outputs, and permissions

7.1 Inputs and child profile information

You may provide information such as a child's age range, interests, preferences, and feedback ("Input"). You represent that you have the legal right to provide such Input, including as a parent/guardian or authorized caregiver.

7.2 Generated content (activities, stories, rhymes)

The Service may generate content based on your Input ("Output"). Output is provided for informational and entertainment purposes and may be inaccurate or incomplete.

You may use Output for personal, non-commercial, household use. You may not resell or redistribute Output as part of a competing product or service.

7.3 License to Puffling

To operate the Service, you grant Puffling a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and process your Input and related account data to provide, maintain, secure, and improve the Service, consistent with our Privacy Policy.

7.4 Feedback

If you provide suggestions, ideas, or feedback, you grant Puffling a perpetual, irrevocable, worldwide, royalty-free license to use it without restriction or compensation.

8. Intellectual property

The Service, including its software, design, text, graphics, logos, and all other original content and functionality, is owned by Puffling or its licensors and is protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, Puffling reserves all rights, title, and interest in and to the Service.

9. Safety and supervision

Important: You are responsible for supervising children during all activities.

You agree to:

ensure activities are appropriate for your child and circumstances,
supervise at all times as appropriate for your child's age and abilities,
adapt activities for safety and accessibility,
use your independent judgment and common sense.

If an activity involves materials, food, small objects, water, outdoor settings, tools, or physical exertion, you must exercise heightened caution.

10. Third-party services and links

The Service may integrate with or link to third-party services (e.g., app stores, analytics providers). Puffling does not control and is not responsible for third-party services. Your use of third-party services is governed by their terms.

11. Termination and suspension

You may stop using the Service at any time. Puffling may suspend or terminate your account or access to the Service immediately, without prior notice, if we believe (in good faith) that you have violated these Terms, engaged in abuse, or created risk or harm to Puffling, other users, or third parties.

Upon termination, your right to use the Service ends. Sections that by their nature should survive termination will survive (including intellectual property, disclaimers, limitations of liability, indemnity, and the arbitration agreement).

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFLING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that Output will be accurate, safe, or suitable for your specific child.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFLING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFLING'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) $100 USD, OR (B) THE AMOUNT YOU PAID TO PUFFLING FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability; in such cases, the above limitations apply to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Puffling and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your Input, (c) your violation of these Terms, or (d) your violation of any law or third-party rights.

15. Changes to the Service or Terms

We may modify the Service (including features, limits, or availability) at any time.

We may also update these Terms from time to time. We will post updated Terms and revise the "Last updated" date. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms.

16. Informal dispute resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at hello@puffling.ai and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 30 days of submission, either party may proceed with formal dispute resolution as described below.

This informal dispute resolution requirement applies to any claims you have against Puffling and any claims Puffling has against you, except for claims related to intellectual property infringement, which may be pursued immediately.

17. Arbitration agreement and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

17.1 Agreement to arbitrate

You and Puffling agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved by binding individual arbitration rather than in court, except that either party may bring individual claims in small claims court if they qualify.

17.2 Class action waiver

YOU AND PUFFLING AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and Puffling agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

17.3 Arbitration rules and procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this section. The AAA Rules are available at www.adr.org. The arbitration will be conducted in English. A single arbitrator will be selected in accordance with the AAA Rules.

Unless the arbitrator finds your claim frivolous, Puffling will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules.

17.4 Opt-out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to hello@puffling.ai within 30 days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you want to opt out of this arbitration agreement. If you opt out, the Governing Law and Venue provisions will apply to any disputes.

17.5 Exceptions

This arbitration agreement does not preclude either party from seeking injunctive or other equitable relief in court for claims related to intellectual property infringement or unauthorized access to the Service.

18. Governing law and venue

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law rules.

For any disputes not subject to arbitration, you and Puffling consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

19. Contact us

If you have questions about these Terms, contact us at:

Email: hello@puffling.ai

20. Miscellaneous

Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and Puffling regarding the Service.

Severability. If any provision is found unenforceable, the remaining provisions will remain in effect.

No waiver. Failure to enforce any provision is not a waiver.

Assignment. You may not assign these Terms without Puffling's prior written consent. Puffling may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force majeure. Puffling is not liable for delays or failures due to events beyond reasonable control.

21. Apple App Store additional terms (iOS users)

If you access the Service via an iOS application, you acknowledge and agree that:

These Terms are between you and Puffling, not Apple. Apple is not responsible for the Service or its content.
Apple has no obligation to provide maintenance or support for the iOS app.
To the extent any warranty exists that cannot be disclaimed, Apple will have no responsibility; any claims are against Puffling as permitted by law.
Apple is not responsible for addressing any claims by you or any third party relating to the iOS app or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the iOS app or your possession and use of it infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of any such claim.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

22. Google Play additional terms (Android users)

If you access the Service via an Android application downloaded from Google Play, you acknowledge and agree that:

These Terms are between you and Puffling, not Google. Google is not responsible for the Service or its content.
Google has no obligation to provide maintenance or support for the Android app.
Google is not responsible for addressing any claims by you or any third party relating to the Android app or your use of it.
Your use of the Android app is also subject to the Google Play Terms of Service.