These Terms of Service ("Terms") govern your access to and use of the ToyTalk AI website at toytalkai.com (the "Service"), operated by ToyTalk AI ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
ToyTalk AI is a web application that uses artificial intelligence to animate toy photos, generate personalized messages, create cartoon art, and produce interactive video experiences for children — operated by parents and caregivers.
The Service is intended for use by adults (parents, caregivers, educators) on behalf of children. By using this Service, you represent and warrant that:
ToyTalk AI does not require account registration. Access to premium features is managed through subscription status stored locally in your browser and verified via our payment processor. You are responsible for maintaining the security of your device and browser session.
AI-generated messages, speech synthesis, and basic interactions are available free of charge, supported by advertisements served through Google AdSense.
Advanced features including animated mouth video (D-ID), AI video generation (Kling AI), and cartoon art generation require a paid subscription.
You agree not to use the Service to:
We reserve the right to suspend or terminate access, without notice or refund, for violations of these Terms or any conduct we reasonably consider harmful to the Service or its users.
Photos and images you upload remain your property. By uploading content to the Service, you grant us a limited, non-exclusive, royalty-free license to process your content solely for the purpose of providing the Service (e.g., sending your photo to our AI providers for animation). This license terminates when you stop using the Service.
Content generated by the Service (animations, videos, cartoon art, messages) is provided for your personal, non-commercial use. You may share AI-generated content on social media for personal purposes. You may not use AI-generated content for commercial purposes without our written permission.
The ToyTalk AI name, logo, website design, source code, and all original content are owned by ToyTalk AI or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our intellectual property without written permission.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" 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.
We do not warrant that:
Third-party AI services (D-ID, Kling AI, fal.ai, OpenAI) may experience outages, changes, or discontinuation outside our control. We are not responsible for third-party service availability or performance.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOYTALK AI, ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability shall be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless ToyTalk AI, its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
The Service relies on third-party providers including D-ID, Kling AI, fal.ai, OpenAI, Stripe, Google (Analytics & AdSense), and Netlify. Your use of features powered by these providers may also be subject to their respective terms of service. We are not responsible for the practices or policies of third-party services.
Before filing any formal proceeding, you agree to first contact us at teddy@toytalkai.com and attempt to resolve the dispute informally for at least 30 days.
If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. For matters not subject to arbitration, the exclusive jurisdiction shall be the state and federal courts located in New York County, New York.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation. Features may change, and third-party AI providers may alter or discontinue their services, which could affect the Service's functionality.
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, power or internet outages, third-party service failures, or cyberattacks.
If you believe that content on the Service infringes your copyright, please send a notice to teddy@toytalkai.com with: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief, and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and ToyTalk AI regarding the Service and supersede all prior agreements, representations, and understandings.
We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date at the top of this page. For material changes that adversely affect your rights, we will make reasonable efforts to provide advance notice (such as a banner on the Service). Your continued use of the Service after changes constitutes acceptance of the updated Terms.
Questions about these Terms? Contact us:
Email: teddy@toytalkai.com
Website: toytalkai.com