WELCOME TO THE MY FRIEND CAYLA APP!

BEFORE YOU START TO ENJOY PLAYING WITH YOUR NEW FRIEND CAYLA, PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE MY FRIEND CAYLA APP. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT HOW THE MY FRIEND CAYLA APP WORKS. BY DOWNLOADING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE OR IF YOU ARE A PARENT OR GUARDIAN YOU AGREE TO YOUR CHILD DOWNLOADING AND USING THE APP IN ACCORDANCE WITH THESE TERMS OF USE.

BY SIGNING UP TO THESE TERMS, YOU UNDERSTAND AND AGREE THAT THE MY FRIEND CAYLA APP CONNECTS TO INFORMATION WHICH IS AVAILABLE ON THE INTERNET. THE USE OF ANY DATA, INFORMATION AND MATERIALS AVAILABLE VIA THE INTERNET THROUGH USING THE APP WILL BE USED BY YOU AT YOUR SOLE RISK AND DEPENDS ENTIRELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION. ONLY YOU ARE RESPONSIBLE IN CONNECTION WITH THE USE OF CAYLA. WE CANNOT GUARANTEE THAT USING THE CAYLA APP WILL BE FREE OF CONTENT THAT YOU MIGHT CONSIDER UNACCEPTABLE. WE DO OUR BEST TO ENSURE THAT CERTAIN MECHANISMS ARE PUT IN PLACE TO ENSURE THAT CONTENT WHICH YOUR CHILD MIGHT ACCESS IS NOT UNACCEPTABLE – BUT THESE ARE NOT FOOLPROOF AND CANNOT REPLACE SENSIBLE PARENTAL SUPERVISION. WE ALSO URGE YOU TO READ OUR PRIVACY POLICY TO UNDERSTAND WHAT INFORMATION WE COLLECT AND HOW WE PROTECT IT. TO FIND OUT MORE ABOUT OUR PRIVACY POLICY, CLICK HERE.

What does the Cayla App do?

The App provides users with voice-to-text and text-to-voice technology to enhance the play experience of Cayla. Once you have downloaded the App, you can start interacting with Cayla by asking Cayla questions. Cayla connects to the App using Bluetooth technology and then voice recognition technology converts the questions asked by a person to Cayla into text. This text string is used by the App to retrieve answers to the questions asked using the following pre-approved as Internet sources: Google Search, Wikipedia and Weather Underground (www.wundergroud.com) (the “Internet Sources”). When you ask the App a question, this information request is stored on a Nuance Communication (for Apple-based users) or IVONA or Google (for Android/Google based users) server in the cloud. Collectively, Nuance and IVONA are our third party software partners ( “Licensors”). Cayla and its technology functions are equipped with filters to prevent the display, speech and recognition of words that would be considered offensive and inappropriate for children. Cayla is programmed to not utter, display or say words or images that would be inappropriate for children to see or hear. To better understand who has access to this information and what we and our partners do with it, please read the section in this agreement referring to your privacy, located at the following URL (or such other URL as we may provide from time to time): Privacy Policy. Our Privacy Policy forms part of these Terms which you accept.

General

Thank you for purchasing My Friend Cayla (“Cayla”). We really hope that you enjoy playing with her.

By downloading the My Friend Cayla app (the “App”) you agree to be bound by these terms of use (the “Terms”). These Terms constitute a legal agreement between you (“you”) and ToyQuest Limited, a company incorporated under the laws of Hong Kong, China with its principal place of business at 8th Floor HK Spinners Industrial Building, 818 Cheung Sha Wan Road, Kowloon, Hong Kong, China. (ToyQuest or us or we or our).

Operating system requirements: The App requires an Apple or Google mobile or tablet device with a minimum of 250 MB of memory, Internet access and the iOS or Android operating system. The My Friend Cayla App requires users of Apple iOS devices to be running iOS 6.0 or a more recent version, Android devices must use Android version 4.0,3 or higher.

These Terms are applicable to all services provided by or connected to Cayla, including the App and all updates or supplements to the App unless they come with separate terms, in which case those terms will apply (each a “Service” and, together, the “Services”). If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the provisions of these Terms. We licence use of the App to you on the basis of these Terms and subject to any rules or policies applied by any app store provider (the “Appstore Rules”). We do not sell the App to you. We remain the owners of the App at all times.

Important Notices

1. 1. By downloading the App or clicking on the "Accept" button below, you agree to these Terms which will bind you. The Terms include, in particular, our Privacy Policy and limitations on our liability (below).
2. As required by law, parental approval is required for the download of the App by any children who are under 13 years old. By accepting these Terms, you (as the parent or guardian) have provided your consent to all the terms and conditions detailed in these Terms, including the collection of personally and non-personally identifiable information. This consent would also cover the collection of information by the partners that ToyQuest has used in the development of My Friend Cayla and the Services, including the App.
3. If you do not agree to these Terms, you cannot use the App.
4. As a consumer, you have the right to withdraw from your transaction without charge and without any reason BEFORE downloading the App. Please note that you will lose the right to cancel the transaction once you begin to download the App.
5. This does not affect your consumer rights for an app that is defective.
6. The Services including the App are suitable for children aged five (5) and above. For more information on the child safety controls programmed into the App and the parental controls available, please read the Cayla FAQs.
7. Because the App uses Internet Sources to provide answers to the questions posed to Cayla, we recommend that you read the UK Advice on Child Internet Safety, located here.
8. Please read clause 10 below – it contains important information about how we use your personal data.
9. We have the right to amend these Terms for any reason if necessary. When we update our Terms, we will do our best to give you advance notice by posting the change on our website: www.myfriendCayla.co.uk. You should look at the website regularly to check. If you do not agree to any changes, you should discontinue your use of our Services. If you continue to use our Services after any update is announced, you will be considered to have agreed to these changes.
10. If you have any questions about these Terms, please contact us here.

WE SUGGEST THAT YOU PLEASE PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

Your rights

In consideration of you agreeing to these Terms, the Privacy Policy and the Appstore Rules, we give to you a personal, worldwide, royalty-free, non-transferable, non-sublicensable and non-exclusive licence to use the Services, until your account is terminated. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by us in the way permitted by these Terms.

You may not use our Services for any commercial purposes unless you have our prior written permission. You may not copy, modify, distribute, sell or lease any part of our Services or included platform or software, nor may you reverse engineer or attempt to extract the source code of that platform or software, unless laws prohibit those restrictions or you have our written permission.

What you cannot do

It’s important that you follow a few rules when you sign up to using our Services, so please read this part:

  • You will not use our Services to do anything unlawful, misleading, malicious, or discriminatory.
  • For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide, such as using automated means (including harvesting bots, robots, spiders, or scrapers) without our permission;
  • You will not do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack;
  • You will not upload viruses or other malicious code.

We may close your account and suspend or stop providing our Services to you if you do not comply with our Terms or if we are investigating suspected misconduct.

Intellectual Property & Trademark Rights

Any and all branding, patents, trade-marks, service marks, logos and content used in our Services that are registered trademarks of ToyQuest and its subsidiaries are the property of ToyQuest. By agreeing to these Terms, you acknowledge and agree not to use any trademarks, intellectual property or registered copyright of ToyQuest and its subsidiaries without the express written consent of ToyQuest. You also agree that these Terms do not grant you the right to use any and all intellectual property, copyrights and trademarks of ToyQuest in a manner outside their intended use. You agree not to copy, reproduce, duplicate, reverse engineer, sublicense or disclose any and all ToyQuest intellectual property, trademarks or copyrights that are contained within Cayla or the App. Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Services are the trademarks or registered trademarks of their respective owners, and the use of such trademarks shall belong to the trademark owner. The use of the Trademarks is intended to denote the interoperability and does not constitute (i) an affiliation by ToyQuest and its Licensors with such company, or (ii) an endorsement or approval of such company by ToyQuest and its Licensors.. Using our Services does not give you ownership of any intellectual property rights in our Services, software or the content (other than content that belongs to you) that you access.

You agree that IVONA (for Android platforms) and Nuance (for Apple/iOS platforms) retain all right, title and interest in and to the original and any copies of their respective software(s) that are incorporated in Cayla or the App. You agree not to (a) submit any automated or recorded requests to either IVONA or Nuance unless approved by ToyQuest ; (b) reproduce, distribute or in any manner duplicate any of the software used in Cayla or the App; access the services of either IVONA or Nuance or any other software within Cayla in a manner that is outside these Terms ; (c) copy, license, sublicense, distribute, assign, transfer or otherwise grant any right of use of the software of the App or any accompanying software that comes from IVONA, Nuance or any other third party software provider; (d) modify, port, translate or create derivative works of the software used in the App, including those software programs provided by Nuance, IVONA, ToyQuest or any other software programs that are contained within the App; (e) decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas or algorithms of any software used in the creation of the App, including but not limited to the software provided by Nuance and IVONA; (f) remove any proprietary notices, labels or marks from the Cayla software, including but not limited to the Nuance and IVONA software components of the App; (g) use the Cayla software or its component parts for purposes of comparison with or benchmarking against products or services made available by third parties; or (h) knowingly take any action that would cause any ToyQuest product or software to be placed in the public domain.

The Software and Services may contain a copy of the Speex codec in executable form. You acknowledge that use of the Speex codec is subject to the conditions and disclaimers listed in revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.

Interactive area(s), postings and user conduct

"Interactive Area(s)" shall mean but is not limited to forums, mailing lists, request information forms, etc. offered as part of the Services including the App and any other forms of group electronic communications which may be made available through the Services including App from time to time.

If you participate in Interactive Areas you are responsible for the posted contents and the consequences related to posting them. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (i) is defamatory, obscene, violates social norms or constitutes harassment or encourages conduct that would constitute a criminal offence, give rise to civil liability or violates any applicable laws; (ii) infringes on the copyright or other proprietary right of any third-party; (iii) would invade the privacy of a person; (iv) contains a virus, worm, Trojan horse, time bomb, or a harmful program or component; or (v) is otherwise unlawful.

You also expressly agree that you will not: (a) after receiving a warning, continue to post material which we have advised you not to post; (b) attempt to gain unauthorised access to restricted areas of our web site, other accounts, computer systems or networks connected to our web site, through password mining or any other means; (c) create a false identity or a forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate or disseminate the so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including email addresses, without their consent.

ToyQuest is not and shall not be responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. ToyQuest reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise breaches these Terms.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT AND DO NOT REPRESENT, WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.

The above provisions, to the extent to which they exclude or limit ToyQuest’s liability for the failure to perform or duly perform its obligations, will not apply in relation to consumers if they contradict legal regulations in the jurisdiction where the consumer resides.

You can only use the Interactive Areas in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material within the App for any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users of the Services including the App to join or become members of any commercial online or offline service or other organisation is expressly prohibited.

Privacy

To learn more about how we protect your personal data please refer to our Privacy Policy located here. For information regarding the privacy policies of our software partners, please find link on the following links: IVONA (Android users) and Nuance (Apple/iOS users).

Disclaimer & Limitation of Liability– this is important, please read!

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. Unfortunately, we cannot guarantee that our Services will never be faulty. We provide the Services “as is”. Other than as expressly set out in these Terms, neither ToyQuest, our subsidiaries, affiliates or our distribution partners make any specific promises about the Services. For example, we do not make any commitments about the content within our Services, the specific functions of our Services or their reliability, availability or ability to meet your needs.

Some countries provide for certain warranties, like the implied warranty of satisfactory quality, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

When permitted by law, we have no responsibility to pay you compensation for financial loss, indirect loss, any information which is lost or corrupted, or any loss that could not have been reasonably expected. We will not be liable to you for any losses that you may suffer if you have used our Services for business purposes. To the extent permitted by law, the total liability of ToyQuest, our subsidiaries, affiliates and distribution partners for any claims under these Terms, including for any implied warranties, is limited to the amount that you paid for Cayla.

We recognise that in some countries, you may have legal rights as a consumer. Please note, however, that we are providing the Services under English law. If you are using the Services for a personal purpose, then nothing in these Terms limits any consumers’ legal rights which may not be waived by contract.

We would like to draw your attention to the second paragraph of these Terms – it’s probably worth you reading it again:

BY SIGNING UP TO THESE TERMS, YOU UNDERSTAND AND AGREE THAT THE MY FRIEND CAYLA APP CONNECTS TO INFORMATION WHICH IS AVAILABLE ON THE INTERNET. THE USE OF ANY DATA, INFORMATION AND MATERIALS AVAILABLE VIA THE INTERNET THROUGH USING THE APP WILL BE USED BY YOU AT YOUR SOLE RISK AND DEPENDS ENTIRELY ON YOUR OWN JUDGMENT, INTERPRETATION AND CONSIDERATION. ONLY YOU ARE RESPONSIBLE IN CONNECTION WITH THE USE OF CAYLA. WE CANNOT GUARANTEE THAT USING THE CAYLA APP WILL BE FREE OF CONTENT THAT YOU MIGHT CONSIDER UNACCEPTABLE. WE DO OUR BEST TO ENSURE THAT CERTAIN MECHANISMS ARE PUT IN PLACE TO ENSURE THAT CONTENT WHICH YOUR CHILD MIGHT ACCESS IS NOT UNACCEPTABLE – BUT THESE ARE NOT FOOLPROOF AND CANNOT REPLACE SENSIBLE PARENTAL SUPERVISION. WE ALSO URGE YOU TO READ OUR PRIVACY POLICY TO UNDERSTAND WHAT INFORMATION WE COLLECT AND HOW WE PROTECT IT. TO FIND OUT MORE ABOUT OUR PRIVACY POLICY, CLICK HERE.

Third party's content

The App contains links to outside services and resources. ToyQuest does not control the availability and content of links. Any concerns regarding any such service or resource, or any link to them, should be directed to such service or resource provider.

Some of the materials in the Services including the App may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by such third parties, are their own and do not necessarily state or reflect those of ToyQuest.

Right to shut down, deny or limit access

We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether. We reserve the right to limit or terminate your access to any of the Services including the App in its sole discretion, due to the following material reasons: technical difficulties, change of IT systems used to operate the App or violation by you of these Terms, or the Privacy Policy or the Appstore Rules.

Names and Speech Data

(a) NAMES. As part of the Services, ToyQuest and/or its Licensors may collect and use the contact names that appear in your address book as part of the Services and to tune, enhance and improve the speech recognition and other components of the Services, and other services and products. You may choose at any time to prohibit ToyQuest and its Licensors from collecting the contact names by not accepting these Terms and not using the App. By using the App, you acknowledges, consent and agree that ToyQuest and its Licensors may collect the contact names that appear in your address book as part of the Services to tune, enhance and improve the speech recognition and other components of the Services, and other services and products of ToyQuest and its Licensors. ToyQuest and its Licensors will not contact you or any of the contact names that appear in your address book for any reason, nor will ToyQuest and its Licensors share your contact names with any third party.

(b) SPEECH DATA. As part of the Services, ToyQuest and/or its Licensors collects and uses Speech Data (as defined below), to tune, enhance and improve the speech recognition and other components of the Services, and other services and products. In accepting these Terms, you acknowledge, consent and agree that ToyQuest and/or its Licensors may collect the Speech Data as part of the Services and that such information shall only be used by ToyQuest and/or its Licensors or third parties acting under the direction of ToyQuest and/or its Licensors, pursuant to confidentiality agreements, to tune, enhance and improve the speech recognition and other components of the Services, and other services and products. ToyQuest and/or its Licensors will not use the information elements in any Speech Data for any purpose except as set forth above. “Speech Data” means the audio files, associated transcriptions and log files provided by you or generated in connection with the Services.

(c) Any and all information that you provide will remain confidential and may only be disclosed by ToyQuest and its Licensors, if so required, to meet legal or regulatory requirements, such as under a court order or to a government institution if required or authorized by law, or in the event of a sale, merger or acquisition to another entity by ToyQuest or its Licensors.

Other Important Clauses

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

Sometimes we may choose to ignore it if you break one of our Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

If any part of these Terms is found to be unenforceable, the remaining part will remain in full force and effect. Sometimes we may not be able to provide you with the Services because of something beyond our reasonable control, which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by government or other competent authority, or industrial disputes. There may be other reasons too.

These Terms make up the entire agreement between us relating to our Services, and override any prior agreements. Please note that these Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

My Friend Cayla is the property of ToyQuest Limited. ToyQuest reserves all rights in connection to My Friend Cayla, the My Friend Cayla Application and all other intellectual property associated with My Friend Cayla, except as otherwise indicated. My Friend Cayla is distributed under an exclusive license to Vivid Toy Group Limited in the following markets: France and Benelux, Germany, Austria and Switzerland, and the United Kingdom and Ireland.

Smart device required for all play modes (not included). Some play modes require an internet connection speed 3G or faster, broadband via Wi-Fi recommended.

Users of the iOS app can ask up to 3,000 questions which require an internet connection– approximately 50 continuous hours back-to-back! An add-on can be purchased for a small fee. There’s no limit to how much Cayla can talk about herself, play games, and so on. Android users have unlimited use.