Terms of Use

AI-Enabled Toy Liability Waiver and Release of Claims
IMPORTANT — PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT

By opening this package and/or using the enclosed AI-enabled toy (the “Product”), you agree to the following terms, which form a binding contract (“Agreement”) between you, the purchaser and/or user of the Product, and Mr. Christmas LLC (“Mr. Christmas”), the manufacturer and/or distributor of the Product:

1. Assumption of Risk
You understand and acknowledge that this Product uses artificial intelligence and/or machine learning technology (collectively, “AI”), which is a new and developing technology that may respond to inputs in unpredictable ways. You assume all risks associated with the use of the Product, including but not limited to unintended verbal outputs, interactions, or malfunctions. Too the maximum extent permitted by applicable law, Mr. Christmas expressly and specifically disclaims any liability, responsibility, and/or guarantee whatsoever regarding the outputs or processes of AI features of the Product.

2. Representations and Warranties
You represent and warrant that (i) you are eighteen (18) years of age or the legal age of majority in your jurisdiction of residence, whichever is greater, and (ii) if the Product will be used by any individual under such age, that you are the parent or legal guardian of such individual, having full authority to enter into this Agreement on their behalf and to cause such individual to abide by its terms.

3. Parental Supervision Required
Any use of this Product by a child or minor must be conducted under adult supervision at all times. You agree not to leave children unattended with the Product and to monitor their interaction to ensure safe and appropriate use.

4. No Medical, Safety, or Educational Guarantees
The Product is not intended to diagnose, treat, or prevent any injury, disease, or medical, psychological, or developmental condition. It is also not a replacement for professional education, therapy, or human interaction. The manufacturer makes no guarantees as to the educational or developmental outcomes resulting from use. The features of the Product are not intended as a substitute or supplement to the services of qualified professionals in any field. You are solely responsible for your decisions pertaining to medical, legal, professional, and educational matters, and Mr. Christmas will have no liability for any acts or decisions made by you in reliance on any feature or output of the Product.

5. Limitation of Liability and Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (1) MR. CHRISTMAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING FROM THE USE OR MISUSE OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, EMOTIONAL DISTRESS, OR DATA/PRIVACY BREACHES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE AND NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY OTHER AVAILABLE REMEDY, AND (2) MR. CHRISTMAS DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE PRODUCT AND/OR SUBJECT MATTER OF THIS AGREEMENT, WHETHER ARISING UNDER STATUTE, COURSE OF DEALING, OR ANY OTHER SOURCE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

6. Indemnification
You agree to indemnify, defend, and hold harmless the Mr. Christmas and its affiliates, and its and their employees, officers, agents, contractors, successors, and assigns, from and against any claims, damages, demands, losses, debts, costs, and expenses (including reasonable legal fees) arising from your use of the Product, including failure to follow safety instructions or supervise child use.

7. Use of Data
You acknowledge and agree that the Product may collect data and analytics generated by its use and transmit said data to Mr. Christmas, and that Mr. Christmas may use such data in furtherance of the research, development, and operation of its products and services. No personally identifiable information is intentionally collected from children without verifiable parental consent, in accordance with the U.S. Children’s Online Privacy and Protection Act (COPPA) and applicable privacy laws.

8. Modification and Updates
The manufacturer may update the Product’s software, features, or functionalities (including without limitation those utilizing AI) remotely, with or without notice to you. You agree that these updates may affect the toy’s performance or features, and acknowledge that AI behavior and machine learning algorithms may evolve over time, resulting in changes to the outputs of AI features of the Product.

9. Governing Law
This Agreement shall be governed by and construed under the laws of the State of New York, without regard to conflict of law principles.

10. Other Terms
If any part of this Agreement is rendered void or unenforceable pursuant to applicable law, such part shall be severed or reformed to the minimum extent required for compliance, and the remainder shall continue in full force and effect. No waiver by Mr. Christmas of any right under this Agreement will be deemed to be a waiver of any other right, or a waiver of that same right at any other time.

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By opening this package and/or using the Product, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms. If you do not agree, do not use the Product and return it immediately for a refund.

If you have any questions, please contact us at help@santasmagicaltelephone.com.