THE AI TOY COMPANY TERMS OF SERVICE
Last Updated: September 16, 2025
Please read these Terms of Service (the “Terms”) carefully as they govern (i) your (“User(s),” “you” or “your”) access to and use of our website, www.bondu.com (the “Site”), (ii) any physical goods purchased by the User, including any plush toys and related hardware powered by advanced generative artificial intelligence (“AI”) (such physical goods, the “Products”), (iii) your access to and use of Company’s AI-powered subscription services, including our parental application and related technology, applications, add-ons, plug-ins, components, functionality and programs (the “Subscription Services”) and (iv) any other services that link to or reference these Terms ((i)-(iv), collectively, the “Products and Services”), and contain important information about your legal rights, remedies and obligations. By accessing or using the Products and Services, you are agreeing to these Terms and concluding a legally binding contract with The Ai Toy Company and its affiliates (the “Company,” “we,” “us” or “our”), a Delaware corporation headquartered in San Francisco, California. These Terms contain the entire agreement between you and the Company regarding your use of the Products and Services and supersede any prior agreements between you and the Company on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Do not access or use the Products and Services if you are unwilling or unable to be bound by these Terms.You represent that you have read and understood our privacy policy (“Privacy Policy”), which is available at https://www.magicaltoys.com/policies/privacy-policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply these Terms or the Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding or other legal process served on us; or (iv) protect our rights, reputation, and property or that of our users, affiliates or the public. PLEASE NOTE: SECTION 16.2 (FORMAL DISPUTE RESOLUTION) OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT APPLIES TO ALL USERS OF OUR PRODUCTS AND SERVICES OUTSIDE OF THE EUROPEAN ECONOMIC AREA (THE “EEA”). SECTION 16.2 (FORMAL DISPUTE RESOLUTION) AFFECTS HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS BINDING ARBITRATION AND CLASS ACTION WAIVER CLAUSE.
- Modifications.
We may modify the Terms from time to time. You understand and agree that your access to or use of the Products and Services is governed by the Terms effective at the time of your access to or use of the Products and Services. If we make material changes to these Terms, we will notify you by push notification and/or by posting a notice on the Site at least thirty (30) days prior to the effective date of the changes. If we are required by applicable data protection laws to give you enhanced notice or seek your consent for any such changes, we will do so. You can see when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Any revised terms of service will supersede all previous terms of service.
2. Eligibility, Permission and User Account.
2.1. Eligibility. To access or use the Products and Services, you must be at least 18 years old (or the age of majority where you live) and have the requisite power and authority to enter into these Terms. Any minor under the age of 18 may access and use the Products and Services only with the authorization, consent, and supervision of a parent or legal guardian who maintains an active Account (as defined below) with the Company. Users are responsible for the acts and use of the Products and Services by their minors through such User’s Account. It is important that you provide us with accurate, complete, and current Account information and keep this information up to date.
2.2.Permission to Use the Products and Services. Supervised Minor. Upon your acceptance of these Terms, we grant to you a limited, non-exclusive, and non-transferable license, without right of sublicense, during the Term (as defined below) (i) to access the Products and Services, (ii) set up the Products and Services for a single minor authorized, consented and supervised by you (the “Supervised Minor”), and (ii) to invite up to five (5) additional adult members of your family or household to access the Products and Services through your Account, solely to enable the Supervised Minor’s use of the Products and Service (each, the “Permitted Adult”), in each case subject to these Terms. Scope of Use and Limitations. Unless otherwise specified in these Terms, the Products and Services are solely for your personal and family use. We reserve all rights in the Products and Services not expressly granted to you hereunder. Except as expressly set forth in these Terms, you may not modify (including without limitation making derivative works), copy, adapt, reverse engineer, de-compile or otherwise reduce to human perceivable format, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, transfer, license or sublicense, publicly display or sell in any form or by any means, in whole or in part, the content of the Products and Services without our express prior written permission, nor migrate such data elsewhere. These Terms, and any rights or obligations hereunder, are not assignable, transferable, or sub-licensable by you except with our prior written consent but may be assigned or transferred by the Company without restriction. Any attempted assignment by you without our consent is a violation of these Terms and shall be void. Nothing in these Terms shall obligate us to continue providing access to any Service beyond the date when we cease providing any such Service to our subscribers generally. By using the Products and Services, you represent that the Products and Services will be used only in a lawful manner. The Products and Services may be modified, updated, interrupted, suspended, or discontinued by us at any time with reasonable notice, except in cases of emergency or security concerns.
2.3.Accounts. You must create a user account (“Account”) and provide certain personal information in order to access and use the Products and Services. By creating an Account, you acknowledge and agree that you have no ownership or other proprietary interest in such Account. Responsibility for Your Account. You are solely responsible for, and liable with respect to, all access to and use of your Account, including any activities by the Supervised Minor or any Permitted Adult, as well as any actions or inputs by any other individual. All activities conducted through your Account shall be deemed to have been made by you as the primary account holder.Account Creation. Your Account is for personal and family use only. To create an Account, you must be eligible to use the Products and Services for which you are registering, be a resident of a country where such Products and Services are permitted, have a valid email address, and provide truthful and accurate information. You may not impersonate someone else or create or use an Account for anyone other than yourself. Please review our Privacy Policy for more information. Username and Password. To create an Account, we may require you to select a username and password. You acknowledge that you are responsible for ensuring that any username you select does not infringe the rights of any third party and is not otherwise unlawful. You understand and agree that we reserve the right, in our sole discretion, to change, remove, alter, or delete any username at any time, with or without prior notice. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE PRODUCTS AND SERVICES) CONDUCTED THROUGH THE USE OF YOUR USERNAME, PASSWORD, OR VOICE INPUTS, WHETHER OR NOT AUTHORIZED BY YOU. YOUR ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE TERMS.Unauthorized Account Use. You agree to notify the Company immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time if you violate these Terms or if we otherwise have a legitimate interest to do so, such as complying with a legal or regulatory obligation. To verify compliance with these Terms, we reserve the right to monitor the use of the Products and Services, including the manner in which you, the Supervised Minor, and each Permitted Adult accesses them.
3. Purchase of Products. This Section 3 (Purchase of Products) only applies to the sale of our Products. For terms related to the sale of Subscription Services, please see Section 4 (Using the Subscription Services).
3.1.Product Descriptions. We try to make the information regarding our Products thorough, accurate, and helpful to our users. Nonetheless, there may be times when certain information may be incorrect, incomplete, inaccurate, or appear inaccurate. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information from time to time as necessary without advance notice.
3.2.Availability. We cannot guarantee the availability of our Products, even if our Site or other sales channels indicate that a particular Product is available. Some Products might be unavailable from time to time and we may discontinue the sale of any Products at any time.
3.3.Pricing. Prices for Products may change from time to time (but we will not change the price once your order has been confirmed), and we do not provide price protection or refunds in the event of a price reduction or promotional offering. We reserve the right to cancel an order for a Product in the event of a typographical or other error in the price listed for the Product. The listed price of a Product does not include shipping fees or sales taxes unless explicitly indicated. Shipping costs and applicable taxes are calculated and displayed at checkout.
3.4.Delivery. We will endeavor to deliver the Products that you purchase to the place of delivery designated by you. If, for any reason, our shipping carrier cannot deliver the Product to you, you will not be charged or we will refund your purchase. If you choose to accept any type of express courier services for shipping, then any additional shipping fees will be paid by you.
3.5.Refunds and Exchanges. We offer a 30-day return policy for Products purchased through our website. You may return Products within 30 days of delivery, subject to the eligibility requirements set forth in our Refund Policy here https://www.bondu.com/policies/refund-policy (the “Refund Policy”). All returns are subject to our inspection and approval process. For complete details on our return, refund, replacement, and exchange policies, including processing steps and eligibility requirements, please refer to our Refund Policy or contact us at support@bondu.com.
3.6.Transactions. All orders placed are subject to the Company’s acceptance and we reserve the right to refuse any order you place with us for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same user account, the same payment method, and/or orders that use the same billing and/or shipping address. We reserve the right to cancel or modify orders for any reason prior to delivery. For example, we may refuse to ship to known freight forwarders or if we suspect fraud or abuse or any violation of these Terms. Additionally, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
3.7.Risk of Loss. All items purchased from us are made pursuant to a shipment contract. This means that title and the risk of loss for such items pass to you upon our delivery to the carrier.
3.8.Product Safety and Labeling. You agree to read, follow, and comply with all safety instructions, age recommendations, and usage guidelines provided with the Products, and you further agree to ensure that each Permitted Adult also reads, follows, and complies with them. You also agree to ensure that the Supervised Minor is appropriately informed of, and uses the Products in accordance with, such instructions and guidelines under your supervision.
4. Use of the Subscription Services. This Section 3 (Purchase of Products) applies to your purchase and use of the Products and Services that are not physical goods, such as the Subscription Services, applications and digital content for the Products.
4.1.Subscription Service Scope. The license granted to you hereunder is limited to your use of the Subscription Services. You, the Supervised Minor and the Permitted Adults may access the Subscription Services only through your Account, and all such use shall be deemed your use. The license does not extend to any other individuals, and you may not distribute or make the Subscription Services available, in whole or in part, over the Internet or through any other network, platform, or communication channel without our prior written consent.
4.2.Subscription Services. Our current Subscription Services and their features are described on our Site and in your Account. All features, content, specifications, fees associated with the Subscription Services (the “Subscription Fees”) are subject to change from time to time with reasonable advance notice to you.
4.3.Communication from the Company. By creating an Account, you agree to receive certain communications in connection with the Services. You can opt-out of non-essential communications by clicking the “unsubscribe” button in the email or by requesting our support team at support@bondu.com opt you out of future non-essential communications.
4.4 Subscription Fees. In exchange for the license granted above, commencing on the date you subscribe to the Subscription Services, you shall pay to us the Subscription Fees based on your selected subscription plan.
4.5 Taxes. All fees payable for Subscription Services are exclusive of applicable taxes and duties, including sales, use, excise, value-added, or similar taxes. You are responsible for all such taxes associated with your Subscription Services, except for taxes based on our net income, net worth, or employment obligations. If we are required to collect or pay any such taxes, we will invoice you and you must promptly reimburse us.
4.6 Invoicing and Payment. Subscription Fees are charged in advance for each billing period and are due immediately upon initial subscription and at the beginning of each subsequent billing cycle. Payment is processed automatically through your selected payment method.
5. Term.These Terms become effective when you create your Account or make your first purchase of a Product, whichever occurs first, and shall continue until terminated by either party as set forth herein (the “Term”). Your Subscription Services, if purchased, will automatically renew for successive billing periods unless cancelled by you or terminated by us in accordance with these Terms. All Product purchases are final, non-returnable and non-exchangeable. If you cancel or your Subscription Services expire, the Product will continue to function as a standard plush toy, but any AI-powered, smart, connected, or interactive features that depend on the Subscription Services will no longer be available.
6. Content and Ownership.The Products and Services include content and features (“Content”). Content consists of the software, code, technology, interactive features, sound, Inputs (as defined below), Outputs (as defined below) and all other content and features in connection with the Products and Services. Content also includes Your Content, Company Content, and Third Party Content, each as defined below. “Input” means any conversations, play interactions, usage, queries, or other data provided while using the Products and Services by you, the Supervised Minor, the Permitted Adults or any other individual speaking or otherwise interacting under your Account. “Output” means any content produced by the AI Powered Services, which will generally be based on Inputs among other things. “AI Powered Services” means the functionality of the Products and Services that employ AI technology to understand and analyze interactions while using the Products and Services.6.1.Responsibility for Your Content. You alone are responsible for Content that you, your Supervised Minor, Permitted Adult, and any other individuals using or speaking under your Account submit or transmit to, through, or in connection with the Products and Services, including any Input you provide to the Products and Services (“Your Content”). You represent that you own or have the necessary permissions to use Your Content as described in Section 6.2 (Our Right to Use Your Content).
6.2.Our Right to Use Your Content. We may use Your Content to comply with applicable law, enforce these Terms, and provide you with the Products and Services, including processing, storing, and analyzing Inputs and Outputs to improve the functionality and enhance user experience. We will not use Your Content to train, retrain, or improve large language models or other generative AI systems, except as expressly permitted by you.
6.3.Ownership. As between you and the Company, and to the extent permitted by applicable law, you own Your Content, including any Input you provide. We own the Content that the Company creates and makes available in connection with the Products and Services (collectively, the “Company Content”), including but not limited to software, interactive features, design, computer code, products, and all other elements and components of the Products and Services excluding Your Content and Content that originates from parties other than the Company, which is made available in connection with the Products and Services (the “Third Party Content”). We also own the copyrights, trademarks, service marks, trade names, and other intellectual property rights throughout the world associated with the Company Content, which are protected by copyright, patent, trademark, and other applicable laws. Except as expressly authorized by us, you may not modify, reproduce, distribute, create derivative works of, or otherwise exploit any of the Company Content in whole or in part.
7. Restrictions. No provision of the Agreement includes the right to, and you shall not, directly or indirectly:
(a) modify or create any derivative work based upon the Products and Services;
(b) engage in, permit, or suffer to continue any copying or distribution of the Products and Services;
(c) reverse engineer, disassemble, or decompile all or any portion of, or attempt to discover or recreate the source code for, any component of the Products and Services (except to the extent such restriction is limited under applicable law);
(d) access or use the Products and Services for purposes of competitive analysis or the development, provision, or use of competing products or services;
(e) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Products and Services;
(f) attempt to gain unauthorized access to the Products and Services, your Accounts, computer systems, or networks connected to the Products and Services through hacking, password mining, or any other means;
(g) use any device, software, or routine that interferes with the proper working of the Products and Services or otherwise attempt to interfere with the proper working of the Products and Services;
(h) use the Products and Services to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Products and Services;
(i) remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Products and Services or any features that enforce limitations on the use of the Products and Services;
(j) use the Products and Services if you or such other persons are located in a country that is embargoed by the United States or if you or such other persons are on the U.S. Treasury Department’s list of Specially Designated Nationals;
(k) use the Products and Services to engage in fraud, impersonate others, or misrepresent your identity;
(l) use the Products and Services to be abusive towards, harass, or conduct surveillance on individuals or groups;
(m) use the Products and Services to upload, transmit, or otherwise distribute any unlawful, false, misleading, infringing, defamatory, obscene, hateful, discriminatory, violent, harmful, or otherwise objectionable content, or any viruses, malware, worms, or other harmful code;
(n) use the Products and Services to discriminate against any individual on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
(o) collect, harvest, or attempt to obtain personal information about other users without their consent; or
(p) use or permit others to use the Products and Services other than as described in the Agreement, or for any unlawful purpose.The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to these restrictions (even if permissible under applicable law). Moreover, we reserve the right to determine what conduct we consider to be in violation of these Terms or otherwise outside the intent or spirit of the Products and Services. We reserve the right to take action as a result, which may include terminating your Account and prohibiting you from using the Products and Services in whole or in part.
8. Use and Transaction Policies.
8.1.Equipment. You will provide at your own expense the computer, mobile phone or other equipment and internet connection required to access and use the Products and Services.
8.2.Use Charges. We shall have no liability to you for use charges related to any device or service that you use to access the Products and Services, including, without limitation, use charges for mobile telephones, tablet devices, Internet service providers, car navigation systems and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
8.3.Transaction Charges. We are not responsible or liable to you for any third party payment processor credit card or bank-related charges and fees related to your transactions on the Products and Services, on or through third party platforms or for your participation in any third party offers. All such transactions are administered by a third party payment processor. We expressly disclaim any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through such third party processor. You acknowledge and agree:
(a) that any transaction-related information will be treated by us as described in our Privacy Policy and, as applicable, in the privacy policy of the third party payment processor(s) used by us on or through the Products and Services or third party platforms,
(b) that all credit card and other payment related information that you provide to us, our designated payment processor or a third party providing offers, is accurate, current and complete;
(c) that you will pay any and all charges incurred by you or any authorized user of your payment method resulting from your purchase at the rate(s) in effect when such charges are incurred; and
(d) that you are responsible for any and all taxes that we assess on your purchase(s).
8.4.Purchase Errors. We assume no liability for purchase errors, trial versions, Products and Services purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase or any unintended purchased item for any reason (“Purchaser Errors”). We shall not be liable for any errors on billing statements issued to you by your carrier. You accept full responsibility for confirming that your device, platform and carrier are supported and that the device and platform are compatible with the products or services purchased, downloaded or otherwise obtained by you through the Products and Services. If you have other questions in connection with any product or service available through the Products and Services, please contact our customer support at support@bondu.com. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Products and Services, and all charges related thereto.
8.5.Currency. All payments made under these Terms, including but not limited to Product purchases, Subscription Fees and any other charges, will be in United States Dollars.
9. AI Powered Services.
9.1.Generative AI and User Messages. The Products and Services employ the AI Powered Services to understand and analyze Inputs from you, the Supervised Minor, the Permitted Adults, and any other individuals interacting under your Account. The AI Powered Services may generate Outputs based on such Inputs, utilizing natural language processing to provide helpful and engaging responses. Utilizing sophisticated natural language processing, the AI Powered Services aim to provide helpful and engaging responses including:
(a) interactive companionship, such as answering questions, having conversations, responding to play requests, and telling or creating imaginative stories with children;
(b) analysis, such as identifying key information regarding user messages and usage;
(c) other types of responses we may incorporate into the Products and Services from time to time. To enhance user experience, the AI Powered Services interact in a life-like conversational format. While we endeavor to provide a helpful and informative user experience through our Products and Services, it is important to acknowledge that AI technology is still under development and has inherent limitations. By using the Products and Services you acknowledge and understand that:
(a) Responses are not human-authored. The AI Powered Services do not possess human-level understanding, and Output is based on underlying large language models trained through machine learning and other techniques, and may not always capture the nuances of human communication;
(b)AI has limitations. While we strive for accuracy, the AI Powered Services may produce Output that contains errors, and misunderstandings may occur due to complex language variations, incomplete information, or technical limitations;
(c)Output may not be unique. Due to the nature of AI, Output may not be unique across users and the AI Powered Services may generate the same or similar Output for other users; and
(d)AI is Not a Replacement for Parental Guidance or Professional Care. The Output from the AI Powered Services should not be thought of as or as similar to reliable parental guidance, accurate medical advice, or qualified therapeutic advice or a substitute for seeking assistance from parents, educators, healthcare providers, or other child development professionals.
(e)No representation of company views. Output generated by the AI Powered Services does not represent the views, beliefs, or values of the Company, and should not be interpreted as such.
(f)No guarantee of accuracy or reliability. The Company does not guarantee that any Output will be accurate, complete, reliable, current, or suitable for any particular purpose, and you agree that use of any Output is at your own risk.
9.2.Third-Party AI Services. To offer the AI Powered Services, we use certain third-party vendors. You acknowledge and agree that the AI Powered Services are provided by the third-party vendor as described in Section
10.2 (Linked Third-Party Products or Services), and the applicable third-party AI service terms (“Third-Party AI Service Terms”) will govern your use of those applicable AI Powered Services.
9.3.Acceptable Use of the AI Powered Services. You must use, and ensure that the Supervised Minor, any of Permitted Adults, and any other individuals under your Account use, the AI Powered Services and any Output only:
(i) in a lawful manner and in compliance with all applicable laws;
(ii) in accordance with these Terms and any applicable Third-Party AI Service Terms or other documentation related to the AI Powered Services;
(iii) in a manner that does not infringe, misappropriate, or otherwise violate any intellectual property, privacy, or other rights of the Company or of any third party;
(iv) without attempting to bypass, disable, or otherwise interfere with any technical or content safeguards implemented as part of the AI Powered Services;
(v) without using the Products and Services to upload, generate, or transmit unlawful, harmful, infringing, defamatory, obscene, hateful, discriminatory, or otherwise objectionable content, or viruses, malware, or harmful code;
(vi) solely for personal, non-commercial use, and not for resale, redistribution, or the provision of competing services; and
(vii) without using any Output to train or improve other machine learning models, unless expressly authorized in writing by the Company.
9.4.No Guarantee; No Representations or Warranties. Given the rapidly evolving nature of this technology, the AI Powered Services are not error-free, may not work as expected, and may produce inaccurate information. While we do not control the underlying large language models and cannot guarantee that no individual parent will ever regard any Output as inappropriate for their child or otherwise inaccurate, we have implemented safeguards and provided tools in the accompanying mobile application to help you monitor and supervise interactions with the AI Powered Services. These tools include the ability to review the full Inputs and Outputs from all interactions under your Account, whether from you, your Supervised Minor, or any other individual using your Account, and are designed to empower you to guide such use responsibly. You should monitor and supervise use of the AI Powered Services, scrutinize the veracity of any Output where accuracy matters, and understand that the AI Powered Services are not a substitute for parental guidance or for medical, therapeutic, or behavioral advice of any kind. You accept that the generation and use of Output involves inherent uncertainties, limitations, and risks, and that you assume responsibility for you, the Supervised Minor, any Permitted Adult or any other individual using your Account from relying or acting upon the Output. Different parents and households may have different standards for what Content is appropriate or accurate, and by using the AI Powered Services you acknowledge both these limitations and your role in determining what is appropriate for your household.
10. Third-Party Links, Offerings and Services
10.1.Linked Third-Party Site. The Products and Services may include links to other websites or applications (each a “Linked Third Party Site”). These Linked Third-Party Sites are provided to you based on your use of the Products and Services at your election.The Company has no control over the Linked Third-Party Sites or the materials, information, goods or services available or contained on Linked Third-Party Sites or how your data and/or personal information is used by such Linked Third-Party Sites. The Company is not responsible for, does not endorse, represent or warrant in any way the content, goods and/or services of Linked Third-Party Sites, and the Company is not liable for any claim you may have regarding any content, goods and/or services of Linked Third-Party Sites. Also, the Company is not responsible for any privacy or other business practices of such Linked Third-Party Sites or any materials, information, goods or services available through such Linked Third-Party Sites. If you decide to access any of the Linked Third-Party Sites, you do so entirely at your own risk. The Company reserves the right to terminate any link to any Linked Third-Party Site at any time. 10.2.Linked Third-Party Products or Services. Our Products and Services (including the AI Powered Services) may allow you to access, use, or interact with third-party websites, apps, content, other products and services. For example, you may click a link in the mobile application to visit social media platforms such as Instagram, Facebook, or X, where you can view our official account. Please note that these Terms and our Privacy Policy apply only to the use of our Products and Services. When you use third-party products or services, their terms and privacy policies will govern your use of those products or services. The AI Powered Services utilize the products and services provided to us by OpenAI, LLC (“OpenAI”), which are governed by, among other things, by OpenAI’s Service Terms, Usage Policies, and Sharing & Publication Policy (collectively, the “Third-Party AI Service Terms”). You shall not use any AI Powered Services in a manner which shall cause us to be in violation of any applicable Third-Party AI Service Terms.
11. Suspension or Termination.
11.1.Suspension.We reserve the right to investigate potential violations of these Terms. In the event we believe these Terms are being violated, we will have the right to suspend, as applicable, your access to and use of the Products and Services for so long as is reasonably necessary to investigate and address the potential violation. Except in urgent or emergency situations, we will notify you of any such suspension in advance (each, a “Suspension Notice”), and work with you in good faith to resolve the potential violation. In addition, we may report any activity that we reasonably believe violates any law or regulation to law enforcement, regulators, or other appropriate parties, and may also cooperate with any investigation by such parties. For clarity, we reserve the right, but do not assume any obligation to you (except with respect to the Suspension Notice), to take any of the actions described in this Section 11.1(Suspension).
11.2.Termination.
(a)Termination by You. You may terminate these Terms at any time by closing your Account, discontinuing your use of the Products and Services and deleting our mobile application from your device. You have the right to cancel your Account at any time. If you terminate these Terms, any payment made prior to the termination is nonrefundable, except as provided by our Refund Policy or as required by applicable law.
(b)Termination by Us. We may suspend, restrict, or terminate your Account or your access to some or all of the Products and Services, at our discretion and without liability to you, including if we believe in good faith that (a) you or anyone under your Account has engaged in restricted conduct described in Section 7 (Restrictions) or otherwise violated these Terms, or (b) your Account has been inactive for more than twelve (12) months. Suspension or termination will only affect your access to the Services; the physical Product remains with you, but certain features (including AI Powered Services and other interactive or subscription features) will no longer be available. We will use commercially reasonable efforts to notify you of any suspension or termination and provide an opportunity to resolve the issue prior to enforcement. We reserve the right to stop making available any one or more of the Services, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you, except as provided by our Refund Policy or as required by applicable law. Your license to the Services automatically ends when we terminate access to such Services. Any such action could prevent you from accessing your Account, the Services, Your Content, Services Content, or any other related information. We will use commercially reasonable efforts to notify you prior to any one or more of the Services becoming unavailable.
(c) Effect of Termination. Upon expiration or earlier termination of these Terms:
(i) all rights granted to you with respect to the Products and Services and these Terms will terminate as of the effective date of termination; (ii) we will have no obligation to provide Services to you, the Supervised Minor, any Permitted Adult, or any other individuals using or speaking under your Account after the termination effective date; and (iii) you will remain responsible for paying any amounts due for your use of the Products and Services through the termination effective date, together with all other amounts payable in accordance with these Terms.
(d) Survival. In the event of any termination of these Terms, whether by you or us, the following sections will continue in full force and effect: Section 6 (Intellectual Property Rights), Section 7 (Restrictions), Section 8 (Use and Transaction Policies), Section 9 (AI-Powered Services), Section 10 (Third-Party Links, Offerings and Services), Section 11 (Suspension or Termination), Section 12 (Indemnity), Section 13 (Sanctions Export Policy), Section 14 (Disclaimer and Limitations of Liability), Section 15 (Governing Law) Section 16 (Dispute Resolution), and Section 17 (Miscellaneous).
12. Indemnity.You agree to indemnify, defend, and hold harmless us, our parent companies, subsidiaries, affiliates, licensors, suppliers, and partners, and the officers, directors, employees, agents, and representatives of each of them, from and against all claims, disputes, demands, investigations, liabilities, damages, losses, and costs and expenses (including reasonable legal and accounting fees), arising out of or related to (i) your violation of these Terms or of applicable law; (ii) your negligent, unlawful, or unauthorized access to or use of the Products and Services, including by the Supervised Minor, any Permitted Adult or any other individual you permit or allow to interact with the Products and Services ;and (iii) Your Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder, and you agree to cooperate with us in defending such claims. You agree not to settle any matter without our prior written consent, and we will use reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it.
13. Sanctions Export Policy.You may not use the Services for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Services are or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
14. Disclaimer and Limitations of Liability PLEASE READ THIS SECTION CAREFULLY SINCE THIS SECTION LIMITS THE LIABILITY OF THE COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THE AGREEMENT, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION PURSUANT TO WHICH YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS.
14.1.DISCLAIMER OF WARRANTIES. THE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY, “WITH ALL FAULTS” AND “AS AVAILABLE,” WITH THE EXPRESS UNDERSTANDING THAT WE MIGHT NOT MONITOR, CONTROL, OR VET ANY INPUTS OR OUTPUTS. AS SUCH, USE OF THE PRODUCTS AND SERVICES BY YOU, THE SUPERVISED MINOR, ANY PERMITTED ADULT, OR ANY OTHER INDIVIDUALS USING OR SPEAKING UNDER YOUR ACCOUNT IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE PRODUCTS AND SERVICES, THE SAFETY OR SECURITY OF THE PRODUCTS AND SERVICES, OR THE PRODUCTS AND SERVICES CONTENT. ACCORDINGLY, WE ARE NOT AND WILL NOT BE LIABLE TO YOU, THE SUPERVISED MINOR, ANY PERMITTED ADULT, OR ANY OTHER INDIVIDUALS USING OR SPEAKING UNDER YOUR ACCOUNT FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR OR THEIR USE OF THE PRODUCTS AND SERVICES, INCLUDING, FOR EXAMPLE, FROM THE PRODUCTS AND SERVICES’ INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE PRODUCTS AND SERVICES CONTENT. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY US OR OUR REPRESENTATIVES SHALL CREATE A REPRESENTATION OR WARRANTY. 14.2.USER REMEDIES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, THIRD PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
15. Governing LawAny claims arising out of these Terms (including interpretation, claims for breach, and all other claims, including consumer protection, unfair competition and tort claims) will be subject to the laws of State of California, without reference to conflict of laws principles.
16. Dispute ResolutionRead this Section carefully. this Section may significantly affect your legal rights, including your right to file a lawsuit in court.16.1.Informal Dispute Resolution. We are available by email at support@bondu.com to address any concerns, disputes, claims or controversies you may have regarding the Services, these Terms (including their interpretation, formation, performance and breach) or the relationship between you and the Company (collectively, “Disputes”). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.16.2.Formal Dispute Resolution. If you are not a resident of the EEA, in the event that the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 16.1 (Initial Dispute Resolution), you expressly agree with us that the provisions in Section 16.2(a)(Agreement to Arbitrate), Section 16.2(b) (Location), Section 16.2(c) (Class Action Waiver), Section 16.2(d) (Exception – Litigation of Intellectual Property and Small Claims Court) and Section 16.2(e) (30 Day Right to Opt Out) apply to you if (i) you are domiciled in and/or use the Services in the United States or (ii) you are domiciled in and/or use the Services from outside the United States, legal proceedings in connection with a Dispute are initiated within the United States and you are entitled to participate in such proceedings, in each case unless any court or arbitrator deems that the “Agreement to Arbitrate” set forth in Section 16.2(a) (Agreement to Arbitrate) or the “Class Action Waiver” set forth in Section 16.2(c) (Class Action Waiver) are void or unenforceable for any reason or that an arbitration can proceed on a class basis.(a) Agreement to Arbitrate. If the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 16.1 (Initial Dispute Resolution), then either party may initiate binding arbitration as the sole means to formally resolve claims (the “Agreement to Arbitrate”), subject to the terms set forth below. Specifically, all Disputes shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”). The arbitration proceedings shall be governed by the AAA’s Commercial Arbitration Rules (the “AAA Rules”) and, where appropriate, the AAA’s Supplementary Procedures for Resolution of Consumer-Related Disputes (the “AAA Consumer Rules”). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability and formation of these Terms notwithstanding any other choice of law provision contained in these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including without limitation any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The AAA Rules and the AAA Consumer Rules are both available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.(b) Location. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States that is convenient for you. For residents outside the United States, arbitration shall be initiated in San Francisco, California, and you and the Company agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California, in order to compel arbitration, to stay proceedings pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.(c) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AGREE THAT THE PARTIES MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this subsection (the “Class Action Waiver”) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. (d) Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under the Terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.(e) Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes, then you and the Company agree that the AAA will administer them in batches of up to 25 claimants each (“Batch”), unless there are fewer than 25 claimants in total or after batching, in which case they will comprise a single Batch. The AAA will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. For more details on the applicable fees, please refer to the AAA’s Mass Arbitration Supplementary Rules and Fee Schedule, available here.(f) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Subsection 16.2(a) (Agreement to Arbitrate), Subsection 16.2(b) (Location) and Subsection 16.2(c) (Class Action Waiver) above by sending written notice of your decision to opt-out to the following address: 1525 Van Ness Avenue, San Francisco, CA 94109, Attn: Legal. The notice must be sent within thirty (30) days of your first access or use of the Services; otherwise you will be bound to arbitrate Disputes in accordance with the terms of those Subsections. If you opt-out of these arbitration provisions, the Company also will not be bound by such provisions.(g) Disputes Not Subject to Arbitration or Class Action Waiver. If you are a resident of the EEA, if a Dispute is not subject to the “Agreement to Arbitrate” set forth in Section 16.2(a) (Agreement to Arbitrate), or if any court or arbitrator determines that the “Class Action Waiver” set forth in Section 16.2(c) (Class Action Waiver) is void or unenforceable for any reason or that an arbitration can proceed on a class basis, exclusive jurisdiction for any claim or action arising out of or relating to the Services or the Agreement shall be the federal or state courts in San Francisco, California, and you expressly consent to the exercise of personal jurisdiction of such courts.(h) Changes to this Section. We will provide sixty (60) days’ notice of any changes to this Section 16.2 and any such change will apply only to any claims arising after the sixtieth (60th) day following such notice.
17. Miscellaneous
17.1 .Notices. All notices must be in writing. You shall send all notices regarding these Terms to support@bondu.com. We will send any and all notices to the email address associated with your Account. Notice will be deemed as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
17.2.Assignment. You may not assign any part of these Terms without our prior written consent.
17.3. Force Majeure. Neither party shall be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
17.4. Rights. Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
17.5. Waiver. Any failure on our part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
17.6. Severance. If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
17.7. Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.