Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and ToyAlive (“we”, “us”) governing your use of the ToyAlive website, app, and related services (the “Service”).

By creating an account or using the Service, you agree to these Terms, our Privacy Policy, and our Content rules. If you do not agree, do not use the Service.

You must be at least 18 years old and able to form a binding contract to create an account. ToyAlive is designed for parent-managed family use: an adult owns and controls the account, makes purchases, and supervises any children who enjoy the creations. Children do not create or manage accounts.

You are responsible for all activity that happens under your account.

ToyAlive lets you upload a photo of a toy, “awaken” it into a character, and generate kid-safe creations — Magic Photos, storybooks, comics, short videos, and birthday messages — that are saved to your private Toybox.

We may add, change, or remove features, creation types, and limits over time, and generation depends on third-party AI providers whose availability can vary.

• Provide accurate account information and keep your login credentials secure.
• Keep your contact email current so we can reach you about your account, purchases, and support.
• You are responsible for use of the Service through your account, including by family members you allow to use it.
• Notify us promptly at support if you believe your account has been accessed without permission.

Creations are powered by Sparks, prepaid virtual credits you buy in one-time Spark Packs. Sparks:

• Are a limited license to use features of the Service — they have no cash value, are not money or a stored-value instrument, and cannot be exchanged for cash.
• Are non-refundable once purchased, except where a refund is required by applicable law.
• Are non-transferable and may not be sold, traded, or moved between accounts.
• Are spent when you awaken a toy or generate a creation, at the rates shown in the app at the time.

If a creation fails for a technical reason on our side, the Sparks for that attempt are automatically returned to your wallet. If something still looks wrong, contact [email protected] and we will review it in good faith. We may change Spark pricing and creation costs going forward; changes do not affect Sparks you have already purchased.

Spark Pack purchases are processed by Stripe. By purchasing, you authorize the charge shown at checkout, including any applicable taxes. Purchases are one-time; ToyAlive does not currently sell subscriptions. You can view your purchases and download invoices from your account settings.

You agree to follow our Content rules and to keep everything kid-safe. You will not:

• Upload photos of real people (including children's faces) as the subject, or include sensitive personal details in prompts.
• Create content that is violent, sexual, hateful, harassing, deceptive, or otherwise not appropriate for young children.
• Upload, create, or generate content that infringes or misappropriates any third party's intellectual-property or other rights, including copyrighted or trademarked characters, brands, and logos, or the name, likeness, or persona of any real person or celebrity.
• Attempt to bypass safety checks, reverse engineer the Service, scrape it, or disrupt its operation.
• Use the Service to break the law or infringe anyone's rights.

We may review, block, or remove content and may suspend or terminate accounts that violate these Terms or our content rules.

“Your Content” means the toy photos, names, descriptions, and prompts you submit. You keep ownership of Your Content. You represent that you have the rights to upload it and that it does not infringe anyone’s rights or violate our content rules.

You grant ToyAlive a worldwide, non-exclusive license to host, store, reproduce, and process Your Content for the purpose of operating and improving the Service, including sending it to AI providers to generate and safety-check creations. This license ends when you delete the content or your account, except for limited backups and records we are required to keep.

Subject to these Terms and your payment of the required Sparks, the creations you generate are yours to keep, download, and share for personal, family use. Because creations are produced by AI from shared models, similar outputs may be generated for other users, and we cannot guarantee that any creation is unique or eligible for intellectual-property protection.

You are responsible for how you use and share your creations and for ensuring your inputs comply with these Terms.

The Service — including the ToyAlive name, logo, software, models, and design — is owned by ToyAlive or its licensors and is protected by intellectual-property laws. These Terms do not grant you any right to use our trademarks, branding, or other intellectual property except as needed to use the Service as intended.

You must not use the Service to upload, submit, create, or generate any content that infringes, misappropriates, or otherwise violates the intellectual-property or other rights of any third party. This includes, without limitation, copyrighted works and characters, trademarks, trade dress, brands, logos, and the name, voice, likeness, image, or persona of any real person or public figure.

You represent and warrant that you hold all rights necessary for the toy photos and other inputs you submit, and that your inputs — and the creations you generate, use, and share — do not and will not infringe or violate any third party’s rights. You are solely responsible for the content you create with the Service.

To help protect third-party rights, ToyAlive uses automated measures that block uploads which appear to depict protected or branded characters and offers original-character alternatives instead. These measures are a safeguard, not a guarantee, and do not reduce your responsibility for your content. We may remove infringing content and may suspend or terminate accounts that infringe, including the accounts of repeat infringers.

We respect the intellectual-property rights of others and respond to clear notices of alleged infringement under the U.S. Digital Millennium Copyright Act (DMCA) and other applicable laws.

If you believe content on the Service infringes a copyright you own or control, send a written notice to [email protected] that includes: your contact information; identification of the copyrighted work; identification of the material you believe is infringing and where it is located on the Service; a statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf; and your physical or electronic signature.

We may remove material that is the subject of a valid notice, notify the affected user, and accept counter-notices where the law allows. We may terminate the accounts of repeat infringers.

Creations are produced by automated AI systems and may be unexpected, inaccurate, or imperfect, and may not always match your prompt. Safety checks reduce, but cannot completely eliminate, the chance of an unwanted result. We encourage a parent to review creations before sharing them with children. If a creation looks unsafe or outside our content rules, please report it to [email protected].

The Service relies on third parties — including AI model providers, Stripe for payments, and cloud hosting and storage providers. Your use of the Service may be subject to their terms, and we are not responsible for third-party services we do not control.

Our Privacy Policy explains how we collect, use, and protect information, and how parents exercise their rights. By using the Service, you acknowledge that policy.

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you violate these Terms or our content rules, if required by law, or to protect the Service and its users. On termination, your right to use the Service ends; sections that by their nature should survive (such as ownership, disclaimers, and limitation of liability) will continue to apply. Unused Sparks are forfeited on termination for a violation, except where a refund is required by law.

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that creations will meet your expectations. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

To the maximum extent permitted by law, ToyAlive and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, goodwill, or profits, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim or US $50. Some jurisdictions do not allow these limits, so they may not fully apply to you.

You agree to indemnify and hold harmless ToyAlive and its team from claims, damages, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your violation of these Terms or anyone’s rights.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. You agree that the courts located in the State of California will have jurisdiction over disputes, except where applicable law gives you the right to bring a claim elsewhere. We will always try to resolve issues directly first — please contact us before filing a formal dispute.

We may update these Terms as the product and legal requirements change. When we make material changes, we will revise the “Last updated” date above and take reasonable steps to notify you. Continuing to use the Service after changes take effect means you accept the updated Terms.

Questions about these Terms? Email [email protected].

ToyAlive