AISTREL TERMS OF SERVICE
Last Updated: February 22, 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 Aistrel’s website located at www.aistrel.com (the “Site”), (ii) any physical goods purchased by the User, including any plush toys and related hardware powered by artificial intelligence (“AI”) (collectively, the “Products”), (iii) your access to and use of Aistrel’s mobile application, AI-powered services, and all related software, cloud services, features, content, programs, and technology (the “Companion App” and together with the AI services, the “Subscription Services”), and (iv) any other services that reference or link to these Terms ((i)–(iv) collectively, the “Products and Services”). These Terms contain important information regarding your legal rights, obligations, and remedies. By accessing or using the Products and Services, you agree to be bound by these Terms and to enter into a legally binding contract with Aistrel, Inc., a Delaware corporation headquartered in New York, NY (“Aistrel,” “Company,” “we,” “us,” or “our”).
These Terms constitute the entire agreement between you and Aistrel regarding your use of the Products and Services and supersede any prior agreements between you and the Company on such subject matter. You acknowledge that no reliance is placed on any representation 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.
By accessing or using the Products and Services, you represent that you have read and understood our Privacy Policy (“Privacy Policy”), located at www.aistrel.com/privacy. As described in the Privacy Policy, we may disclose certain information about you if required to do so by law, or if we have a good-faith belief that such disclosure is necessary to: (i) investigate suspected illegal activity; (ii) enforce or apply these Terms or the Privacy Policy; (iii) comply with applicable legal process, including subpoenas or government requests; or (iv) protect the rights, property, or safety of Aistrel, our Users, or the public.
PLEASE NOTE: SECTION 16.2 (FORMAL DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLY TO ALL USERS LOCATED OUTSIDE THE EUROPEAN ECONOMIC AREA (“EEA”). BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH AISTREL THROUGH INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
1. Modifications
We may modify these Terms from time to time. Your use of the Products and Services is governed by the Terms in effect at the time of such use. If we make material changes to these Terms, we will notify you via email, through the Companion App, or by posting a notice on the Site at least thirty (30) days prior to the effective date of the changes. If required by applicable law, we may also seek your consent. Your continued use of the Products and Services after the effective date of any modifications constitutes your acceptance of the modified Terms. Any revised Terms supersede prior versions.
2. Eligibility, Permissions, and User Accounts
(2.1) Eligibility.
To access or use the Products and Services, you must be at least 18 years old (or the age of majority in your jurisdiction) and have the authority to enter into these Terms. Minors under the age of 18 may access or use the Products and Services only with the consent, supervision, and active oversight of a parent or legal guardian who maintains an active Account. Users are responsible for the acts and omissions of their minors. The physical Product (Sprig) is intended for children ages 4 and older and must be used under adequate parental supervision.
(2.2) Permission to Use the Products and Services.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to (i) access and use the Products and Services, (ii) set up the Products and Services for one authorized child user (“Supervised Child”), and (iii) permit up to five (5) additional adults in your household (“Permitted Adults”) to access the Products and Services solely to support the Supervised Child’s use. You may not modify, copy, adapt, distribute, reverse engineer (except as required under applicable law), create derivative works of, or otherwise exploit the Products and Services unless expressly authorized by us in writing.
(2.3) Accounts.
To use the Companion App, you must create a user account (“Account”). You agree to provide accurate, current, and complete information and to keep such information updated. You are solely responsible for all activity under your Account, including activities by the Supervised Child, any Permitted Adults, or any other individuals who interact with the Products and Services through your Account. You must maintain the confidentiality of your login credentials. Unauthorized use must be reported immediately to hello@aistrel.com.
3. Purchase of Physical Products
(3.1) Product Descriptions.
We strive for accuracy but cannot guarantee that Product descriptions, availability, or pricing are error-free. We reserve the right to correct errors or update Product information without prior notice.
(3.2) Availability.
Product availability is not guaranteed. We may discontinue any Product at any time.
(3.3) Pricing.
Prices may change at any time. Prices do not include taxes or shipping unless explicitly stated.
(3.4) Delivery.
We will make reasonable efforts to deliver Products to the address you provide. Delivery failures due to carrier issues or incorrect addresses are not our responsibility.
(3.5) Refunds and Exchanges.
For non-Kickstarter purchases, we offer a 30-day return policy consistent with our Refund Policy. Returns are subject to inspection.
Kickstarter Backers: Kickstarter rewards are non-refundable except in cases of damaged or defective Products.
(3.6) Risk of Loss.
Risk of loss passes to you when we deliver the Product to the carrier.
(3.7) Product Safety.
You agree to follow all safety guidelines, including:
Ages 4+
No water exposure
Surface wash only
No disassembly or modification
4. Use of the Subscription Services
(4.1) Scope.
The Subscription Services include the Companion App, cloud-based AI processing, and any digital features connected to the Products.
(4.2) Features.
Subscriptions may include premium features such as:
Additional languages
Enhanced learning modules
Additional play modes
We may change features with reasonable notice.
(4.3) Fees.
Subscription fees (when introduced) will be billed directly by Aistrel. You authorize us to charge your selected payment method.
(4.4) Account Communications.
By creating an Account, you agree to receive Product and service-related communications. You may opt out of non-essential emails.
5. Term and Termination
These Terms remain in effect until terminated by either party. If your subscription ends, Sprig will continue to function with basic offline features only (pre-recorded content), while cloud-based and premium features will be disabled. We may suspend or terminate your Account for violations of these Terms, security risks, or inactivity exceeding twelve (12) months.
6. Content and Ownership
“Content” includes all software, code, features, audio, text, interactions, Inputs, Outputs, and other materials within the Products and Services.
(6.1) Inputs.
“Inputs” include any conversations, voice data, interactions, or usage provided by you, the Supervised Child, or any Permitted Adults.
(6.2) Outputs.
“Outputs” include any AI-generated responses, stories, questions, or other content produced by the Subscription Services.
(6.3) Ownership.
You retain ownership of your Inputs. We own all other Content, including all software, firmware, AI behaviors, characters, hardware designs, and any other intellectual property. Inputs and Outputs may not be used to train other AI systems.
7. Restrictions
You may not, and you may not permit others to:
Reverse engineer or attempt to derive source code
Modify or create derivative works
Use the Services for competitive analysis
Scrape, index, or mine the Services
Attempt unauthorized access
Use the Services to generate unlawful or harmful content
Use Outputs commercially
Train machine learning models on any Content or Output
Circumvent security controls
We may determine in our sole discretion whether conduct violates these Terms.
8. Use and Transaction Policies
You are responsible for obtaining all equipment necessary to use the Products and Services and for any associated fees.
9. AI-Powered Services
(9.1) Cloud Processing.
To provide conversational functionality, Sprig transmits audio temporarily to Aistrel’s secure cloud systems for real-time inference.
Aistrel does not store, retain, log, or use this audio for training, analysis, or model improvement.
Audio is processed in memory only and cannot be recovered after processing.
(9.2) AI Limitations.
You acknowledge that:
AI responses may be inaccurate or incomplete
AI does not provide medical, therapeutic, safety, or emergency advice
AI behaviors are not a substitute for parental guidance
Parents must supervise use
Outputs are non-unique and may be similar across users.
10. Third-Party Services
We may use third-party cloud providers such as AWS or Firebase. Their terms apply to your use of their services. We do not control third-party platforms.
11. Suspension and Termination
We may suspend or terminate your Account for violations, security concerns, or inactivity. You may terminate at any time by deleting your Account and discontinuing use.
12. Indemnification
You agree to indemnify and hold harmless Aistrel and our affiliates from claims arising from:
Your breach of these Terms
Your misuse of the Products or Services
Your Content or Inputs
13. Sanctions and Export Controls
You may not use the Services in violation of U.S. sanctions or export control laws.
14. Disclaimers and Limitation of Liability
The Products and Services are provided “as is,” “as available,” and “with all faults.”
We disclaim all warranties to the fullest extent permitted by law.
Your sole remedy for dissatisfaction with the Services is to discontinue use.
15. Governing Law
Any 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 Resolution
READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
(16.1) Initial Dispute Resolution.
Most disputes can be resolved quickly and informally. You agree to first contact us at hello@aistrel.com with any concerns. The parties agree to use their best efforts to resolve any dispute, claim, or controversy arising out of or relating to the Products and Services, these Terms (including their interpretation, formation, performance, or breach), or the relationship between you and Aistrel (collectively, “Dispute”) through good-faith negotiations for at least thirty (30) days before initiating arbitration or litigation. This informal dispute resolution period is a prerequisite to initiating arbitration.
(16.2) Formal Dispute Resolution (Binding Arbitration; Class Action Waiver).
This Section applies to all Users located outside the European Economic Area (“EEA”).
If the parties are unable to resolve a Dispute within thirty (30) calendar days, you and Aistrel agree that the Dispute shall be resolved exclusively through binding arbitration, not in court, except as provided in Section 16.2(d) below.
(a) Agreement to Arbitrate
All Disputes shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”), in accordance with the AAA Commercial Arbitration Rules and, where applicable, the AAA Consumer Arbitration Rules (collectively, the “AAA Rules”). This arbitration agreement is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (“FAA”) governs its interpretation and enforcement. The arbitrator shall have the exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether any claim is subject to arbitration. The arbitrator may award any relief available under applicable law but may not consolidate claims or preside over any form of representative or class proceeding.
The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
(b) Location
If you reside in the United States, arbitration may take place in any reasonably convenient location in the United States, at your election. If you reside outside the United States, arbitration shall take place in San Francisco, California, unless the arbitrator determines another location is appropriate.
(c) Class Action Waiver
YOU AND AISTREL AGREE THAT ANY ARBITRATION SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
THE PARTIES EXPRESSLY WAIVE THE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
If any court or arbitrator finds that the class action waiver is unenforceable, this Section 16.2 (Agreement to Arbitrate) shall be deemed null and void as to that claim, and such claim may proceed in court.
(d) Exceptions
Notwithstanding the foregoing, either party may:
Bring a claim in small claims court, if eligible;
Bring a lawsuit in court solely for claims of patent infringement, copyright infringement, trademark infringement, or trade secret misappropriation; or
Seek injunctive or equitable relief to prevent actual or threatened misuse of intellectual property.
(e) Batch Arbitration
If 25 or more claimants represented by the same counsel file substantially similar arbitration demands, the AAA will administer them in batches of up to 25 claimants. Each batch will be assigned one arbitrator and treated as a single consolidated arbitration.
(f) 30-Day Right to Opt Out
You may opt out of the arbitration and class action waiver provisions within thirty (30) days of first using the Products and Services by sending written notice to:
Aistrel, Inc.
148 W. 24th St. Suite 3
Your letter must state that you opt out of arbitration. If you opt out, Aistrel is also not bound by these arbitration provisions.
(g) Disputes Not Subject to Arbitration or Class Action Waiver
If you reside in the EEA, or if a court or arbitrator deems the arbitration agreement unenforceable, exclusive jurisdiction for any litigation shall be in the state or federal courts located in San Francisco, California, and you consent to their personal jurisdiction.
(h) Changes to This Section
We will provide sixty (60) days’ notice of any changes to this Section 16.2. Any such changes will apply only to claims arising after the effective date of the change.
17. Miscellaneous
(17.1) Notices
All notices required or permitted under these Terms must be in writing. Notices to Aistrel shall be sent to hello@aistrel.com or any other email address we designate. Notices to you shall be sent to the email address associated with your Account. Notices will be deemed given (a) when received as verified by written or automated receipt, or (b) if sent by email, when transmitted unless returned as undeliverable.
(17.2) Assignment
You may not assign, transfer, or delegate any rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent is void. We may assign or transfer our rights or obligations under these Terms, in whole or in part, without restriction.
(17.3) Force Majeure
Aistrel shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, equipment failures, internet outages, power failures, or government actions.
(17.4) No Third-Party Beneficiaries
Nothing in these Terms is intended to confer any rights or remedies on any person or entity other than the parties to these Terms.
(17.5) Waiver
No waiver of any term or provision shall be deemed a continuing waiver of such term or any other provision. Any failure by Aistrel to enforce any right or provision shall not constitute a waiver of future enforcement.
(17.6) Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
(17.7) Entire Agreement
These Terms, together with the Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Aistrel relating to the Products and Services and supersede all previous agreements, understandings, representations, and warranties between the parties.
(17.8) Interpretation
Section titles are for convenience only and have no legal or contractual effect. The term “including” means “including without limitation.” In the event of any conflict between these Terms and any other document or policy referenced herein, these Terms shall control.