Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Firefly Jar Inc ("Company," "we," "us," or "our"), governing your access to and use of the SkyBuds products, mobile applications, website, and related services (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

2. Eligibility

You must be at least 18 years old to purchase our products or create an account. The SkyBuds device is designed for use by children ages 3-10 under parental supervision. By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• You are the parent or legal guardian of any child using the Services
• All information you provide is accurate and complete

3. Product Description and Use

SkyBuds are AI-powered companion toys designed for children ages 3-10. The devices use artificial intelligence to engage in conversations and provide educational entertainment. By using SkyBuds, you acknowledge that:

• The AI-generated content is for entertainment and educational purposes only
• SkyBuds is not a substitute for parental supervision, professional advice, or human interaction
• AI responses may occasionally be imperfect or unexpected
• Internet connectivity is required for full functionality
• We may update the AI and features from time to time

4. Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your login credentials confidential
• Be responsible for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Purchases and Payment

All purchases are subject to product availability. We reserve the right to:

• Refuse or cancel any order for any reason
• Limit quantities purchased per person or household
• Modify or discontinue products without notice
• Correct pricing errors

Payment must be made at the time of purchase. You agree that all payment information provided is accurate and that you are authorized to use the payment method.

6. Shipping and Delivery

We currently ship within the United States only. Shipping times are estimates only and not guaranteed. We are not responsible for delays caused by carriers, customs, or circumstances beyond our control. Risk of loss and title pass to you upon delivery to the carrier. Please review our Shipping Policy for additional details.

7. Returns and Refunds

You may cancel any order at any time before it ships for a full refund, including shipping charges. After delivery, we offer a 30-day money-back guarantee starting the day your order is delivered. Returned products must be in their original packaging and must not be damaged or destroyed. We email you a prepaid return label, so return shipping costs you nothing, and original shipping charges are not refunded once an order has shipped. Refunds are issued to the original payment method within 5 to 10 business days of us receiving and inspecting the return. When an order is refunded, the associated SkyBud companion account is fully reset and deactivated. Defective, damaged, or incorrect items will be replaced or refunded at no cost to you. Please contact customer support at hello@getskybuds.com before sending a return. See our Refund Policy for full details.

8. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio, video, software, and the SkyBuds characters (Ash, Pearl, and Sprout), are the exclusive property of Firefly Jar Inc and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use our Services for personal, non-commercial purposes. You may not:

• Copy, modify, or distribute our content
• Use our trademarks without written permission
• Reverse engineer or attempt to extract source code
• Remove any copyright or proprietary notices

9. Prohibited Uses

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit harmful, offensive, or illegal content
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of the Services
• Use automated systems to access the Services without permission
• Collect user information without consent
• Use the Services for any commercial purpose without authorization

10. Disclaimer of Warranties

Plain English first: we work hard to keep SkyBuds safe, secure, and working, and everything we promise in our Privacy Policy stays promised. The legal language below is standard for every online service. It exists because no company can lawfully guarantee zero bugs, zero downtime, or perfect security, and the law punishes companies that pretend otherwise.

THE SERVICES ARE 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

• The Services will be uninterrupted, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• The quality of the Services will meet your expectations
• Any errors will be corrected

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIREFLY JAR INC, 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:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• AI-generated content or responses
• Product defects or malfunctions

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless Firefly Jar Inc and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another
• Your conduct in connection with the Services

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in New York County, New York.

You agree to waive any right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our Services, constitute the entire agreement between you and Firefly Jar Inc regarding the use of our Services.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms and revising the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

17. Contact Information

For questions about these Terms, please contact us at:

Firefly Jar, Inc.
Email: hello@getskybuds.com
Phone: +1 (978) 541-3603

18. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A MINOR CHILD, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT CHILD TO THESE TERMS.

19. SMS Messages

We send text messages only with your consent. Our SMS Terms are the one place that lists every SkyBuds text program, where you opt in, how often we text, and how to stop (reply STOP) or get help (reply HELP). No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. Our Privacy Policy explains how we handle your number.