Koaaly Terms of Service

Last Updated: April 16, 2025

IMPORTANT LEGAL NOTICE: Please read these Terms of Service ("Terms") carefully before using the Koaaly device, mobile application, website, and related services (collectively, the "Service") operated by Wondermind.ai ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users (including parents or legal guardians acting on behalf of children), and others who wish to access or use the Service. By purchasing the Koaaly device, downloading the app, or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

1. Description of Service

Koaaly provides a hybrid hardware and software service designed to enhance children's playtime through screen-free, interactive audio experiences. The Service includes:

The Koaaly hardware device ("Device"): An attachable speaker/microphone unit.
The Koaaly mobile application ("App"): Used by parents or legal guardians for setup, control, content management, and monitoring.
AI-Powered Features: Including interactive bots, personalized storytelling, chat functions, and educational content modules, delivered primarily through the Device via the App.
Associated Content: Including the Activity Book, website content, and other materials provided as part of the Service.

The Service relies on AI technologies, including Large Language Models (LLMs) and Text-to-Speech (TTS), to generate responses and content. While we strive for accuracy, safety, and appropriateness, AI-generated content may occasionally contain inaccuracies or unexpected outputs.

2. Eligibility and Account Registration

The Service is intended for use by children, primarily aged 8-13, under the direct supervision and control of their parent or legal guardian ("Parent"). Parents are responsible for setting up and managing the user account ("Account") required to access the App and control the Device. THE PARENT IS SOLELY RESPONSIBLE FOR SUPERVISING THE CHILD'S USE OF THE SERVICE, INCLUDING ALL INTERACTIONS WITH AI FEATURES AND CONTENT, AND FOR DETERMINING THE APPROPRIATENESS OF THE SERVICE FOR THEIR SPECIFIC CHILD.

By creating an Account, you represent and warrant that:

You are at least 18 years of age or the age of legal majority in your jurisdiction.
You are the parent or legal guardian of any child user profile created under your Account and have the legal authority to consent to these Terms and our Privacy Policy on their behalf.
All registration information you submit is truthful and accurate, and you will maintain the accuracy of such information.
Your use of the Service does not violate any applicable law or regulation.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.

3. Children's Privacy and COPPA Compliance

We are committed to protecting the privacy of children. Our data collection and use practices are governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review it carefully.

The Koaaly App is designed for Parents to manage the Service. We require verifiable parental consent, obtained through the App registration process, before collecting any personal information from children under 13, in compliance with the Children's Online Privacy Protection Act (COPPA) and other applicable privacy laws. Parents control the child profiles, content access, and data settings via the App.

4. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Download, install, and use the App on mobile devices that you own or control solely for your personal, non-commercial use in managing the Koaaly Service.
Use the software embedded within the Device solely in connection with the authorized use of the Device.

You may not: (a) copy, modify, or create derivative works based on the App or Device software; (b) distribute, transfer, sublicense, lease, lend, or rent the App or Device software to any third party; (c) reverse engineer, decompile, or disassemble the App or Device software; or (d) make the functionality of the App or Service available to multiple users through any means.

5. Koaaly Device: Purchase, Warranty, and Safety

Purchase: Purchases of the Koaaly Device may be subject to additional terms and conditions presented at the time of sale.
Limited Warranty: The Koaaly Device comes with a limited warranty against defects in materials and workmanship under normal use for a period of one (1) year from the date of original purchase. This warranty is subject to specific conditions and exclusions, which will be detailed in the warranty documentation provided with the Device or available on our website. Your sole remedy under this warranty is, at our option, repair or replacement of the defective Device. This limited warranty does not cover damage caused by accident, misuse, abuse, neglect, improper storage, or modifications.
Safety Warnings: The Koaaly Device is intended for use by children under parental supervision. It contains small parts and electronic components. Ensure the Device is securely attached to toys and used appropriately. Do not expose the Device to water or extreme temperatures. Follow all safety instructions provided with the Device. We are not liable for damages or injuries resulting from improper use or failure to follow safety guidelines.

6. Subscriptions, Fees, Payments, and Credits

Subscription Plans: Access to certain features and content levels requires an active paid subscription ("Subscription"). Details of available Subscription plans (e.g., Koaaly Plus, Koaaly Premium), their features, fees, and billing cycles are described within the App or on our website.
Billing and Payment: By selecting a Subscription plan, you agree to pay the applicable fees. Fees are typically billed on a recurring basis (e.g., monthly or annually) in advance. Payments will be processed through the App Store (e.g., Apple App Store, Google Play Store) or our designated third-party payment processor. You authorize us (or our processor) to charge your chosen payment method.
Automatic Renewal: Unless you cancel your Subscription before the end of the current billing period, your Subscription will automatically renew, and you authorize us to collect the then-applicable Subscription fee using the payment method we have on file for you.
Cancellation: You can cancel your Subscription at any time through your App Store account settings or as otherwise described in the App/website. Cancellation will take effect at the end of the current billing period. No refunds or credits will be provided for partial subscription periods.
Fee Changes: We reserve the right to change Subscription fees at any time. We will provide you with reasonable prior notice of any fee changes. Your continued use of the Service after the fee change constitutes your agreement to pay the modified fee.
Credits: Certain AI-driven interactions (like dynamic chat or story generation) may consume "Credits." Your Subscription plan includes a specific number of monthly Credits. Unused monthly Credits do not roll over. Additional Credit packs may be available for purchase by subscribers, subject to terms presented at the time of purchase. Credits have no cash value and are forfeited if your Subscription lapses or your Account is terminated. We reserve the right to adjust Credit consumption rates for different features with reasonable notice.
Free Trials: We may offer free trial periods for Subscriptions. Specific terms of the free trial will be provided at signup. Unless you cancel before the end of the trial, you will be automatically charged the applicable Subscription fee.

7. Content and Intellectual Property

Our Content: The Service, including the App, Device software, website, Activity Book, pre-loaded content, AI models, designs, text, graphics, images, audio, and other materials ("Our Content"), are and will remain the exclusive property of Wondermind.ai and its licensors. Our Content is protected by copyright, trademark, and other laws. You may not use Our Content without our prior written permission.
AI-Generated Content: Content generated by the AI features of the Service ("AI Content") is provided for entertainment and educational purposes. While generated based on inputs and personalization, ownership of the underlying models and the generated output remains with us or our licensors. You may use AI Content for personal, non-commercial purposes in connection with your use of the Service.
User Content: If the Service allows Parents to submit content (e.g., custom bot prompts, feedback) ("User Content"), you retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely for the purpose of operating, providing, and improving the Service. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws. WONDERMIND.AI IS NOT RESPONSIBLE FOR THE ACCURACY, SAFETY, OR LEGALITY OF ANY USER CONTENT.
Third-Party Content: The Service may include content licensed from third parties (e.g., specific stories, music). Your use of such content is subject to the terms of those licenses.

8. Acceptable Use and Prohibited Conduct

You agree not to use the Service:

In any way that violates any applicable local, state, national, or international law or regulation.
To exploit, harm, or attempt to exploit or harm minors in any way.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Koaaly, a Koaaly employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Koaaly or users of the Service or expose them to liability.
To interfere with or disrupt the Service or servers or networks connected to the Service.
To attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
To misuse the AI features, such as attempting to generate inappropriate, harmful, or biased content, or trying to "jailbreak" the AI models.

9. Disclaimers of Warranties

THE SERVICE (INCLUDING THE DEVICE, APP, AND ALL CONTENT) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT FOR THE LIMITED WARRANTY PROVIDED FOR THE DEVICE AS DESCRIBED IN SECTION 5.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

AI-GENERATED CONTENT MAY CONTAIN INACCURACIES OR BE INCOMPLETE. WE MAKE NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF AI CONTENT. USE IT AT YOUR OWN DISCRETION AND SUPERVISE CHILDREN'S INTERACTION WITH IT. AI CONTENT IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND SHOULD NOT BE CONSIDERED PROFESSIONAL ADVICE OR A SUBSTITUTE FOR PARENTAL GUIDANCE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WONDERMIND.AI, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE (INCLUDING AI CONTENT); (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) THE KOAALY DEVICE (EXCEPT AS PROVIDED IN THE LIMITED WARRANTY), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THE DEVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU + PAID US FOR THE SERVICE OR DEVICE IN THE 12 MONTHS PRECEDING THE CLAIM, + OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD). +

+ SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR + THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL + DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. +

11. Indemnification

+ You agree to defend, indemnify, and hold harmless Wondermind.ai and its licensee and licensors, and their employees, contractors, + agents, officers, and directors, from and against any and all claims, + damages, obligations, losses, liabilities, costs or debt, and expenses + (including but not limited to attorney's fees), resulting from or + arising out of a) your use and access of the Service, by you or any + person using your account and password; b) a breach of these Terms, or + c) User Content submitted by you. +

12. Termination

+ We may terminate or suspend your Account and bar access to the Service + immediately, without prior notice or liability, under our sole + discretion, for any reason whatsoever and without limitation, including + but not limited to a breach of the Terms. +

+ If you wish to terminate your Account, you may simply discontinue using + the Service and cancel any active Subscriptions as described in Section + 6. +

+ All provisions of the Terms which by their nature should survive + termination shall survive termination, including, without limitation, + ownership provisions, warranty disclaimers, indemnity, and limitations + of liability. +

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Sydney, New South Wales, Australia, using the English language in accordance with the Arbitration Rules and Procedures of the Australian Centre for International Commercial Arbitration (ACICA) then in effect.

14. Changes to Terms

+ We reserve the right, at our sole discretion, to modify or replace these + Terms at any time. If a revision is material, we will provide at least + 30 days' notice prior to any new terms taking effect (e.g., via email or + in-app notification). What constitutes a material change will be + determined at our sole discretion. +

+ By continuing to access or use our Service after any revisions become + effective, you agree to be bound by the revised terms. If you do not + agree to the new terms, you are no longer authorized to use the Service. +

15. Contact Information

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

+ Wondermind.ai