Terms of Service

1. Acceptance of These Terms

Welcome to Hugs & Smiles, operated by EngenuityAI(“we, ” “us,” or “our”). By creating an account or using our website or mobile apps — including the Hugs n Smilesapp for Android and iOS — (together, the “Service”), you agree to these Terms of Service. If you do not agree, please do not use the Service. You must be at least 18 years old and a parent, guardian, or caregiver to use Hugs & Smiles.

The Service is intended for parents and caregivers, not for children. It is not directed to children, and we do not knowingly allow anyone under 18 to create an account.

2. What We Offer

Hugs & Smiles is an AI-powered platform that lets you create personalized stories and books starring your children, and that offers general, supportive behavioral guidance for families. We use advanced technology to transform photos and the details you provide into illustrated stories, and we can print and ship physical copies through trusted partners.

In our mobile app, we also build a personalized learning journey for your child from the information you give us — a series of small, guided steps with activities, check-ins, and accompanying stories. The Service changes over time: we may add, modify, or discontinue features, and content or journeys available today may not be available in future.

4. Your Account

You are responsible for keeping your account credentials secure and for activity under your account. Please provide accurate information and keep it up to date. You may delete your account at any time from within the app or by contacting us.

If you can no longer sign in, you can request deletion at hugsnsmiles.co/delete-account. Tell us promptly at hello@hugsnsmiles.co if you believe someone has used your account without your permission.

5. Licence to Use Our Apps

Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use the Hugs n Smiles mobile app on a device you own or control, for your own personal, non-commercial family use. We reserve all rights not expressly granted.

You may not:

• Copy, modify, translate, or create derivative works of the app.
• Reverse-engineer, decompile, or disassemble the app, or attempt to derive its source code, except where that restriction is prohibited by law.
• Rent, lease, lend, sell, sublicense, or otherwise distribute the app, or remove any proprietary notices from it.
• Use the app in any way that breaches the applicable app store’s terms of service.

We may issue updates to the app. Some updates may be required in order to keep using the Service, and your device settings may install them automatically.

6. App Store Terms

If you downloaded the app from the Google Play Store, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the app or its content, but Google is a third-party beneficiary of these Terms and may enforce them against you.

If you downloaded the app from the Apple App Store, you acknowledge that these Terms are between you and EngenuityAI only, and not with Apple. EngenuityAI, not Apple, is solely responsible for the app, its content, maintenance, and support, and for addressing any claims relating to the app (including product-liability claims, claims that the app fails to conform to a legal requirement, and claims arising under consumer-protection or privacy law). Apple has no obligation to provide any support for the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.

7. Your Content & Photos

You retain ownership of the photos, names, and details you upload (“User Content”). By uploading them, you grant us a limited license to process and use them solely to provide the Service to you — for example, to generate and print your personalized stories. We do not use your personal photos to train our general AI models or share them for third-party marketing.

You confirm that you have the right to upload the User Content, and that you are the parent or legal guardian of any child shown or described (or have that person’s permission). Do not upload photos of other people without their consent.

8. Acceptable Use

Please use Hugs & Smiles responsibly. You agree not to:

• Upload content that is unlawful, harmful, infringing, or that you do not have the rights to use.
• Attempt to generate inappropriate, harmful, sexual, or abusive content, especially involving minors.
• Misuse, disrupt, reverse-engineer, or attempt to gain unauthorized access to the Service.
• Use bots, scrapers, or other automated means to access the Service, or place unreasonable load on our systems.
• Resell, redistribute, or commercially exploit the Service or the content it generates for you.

We may suspend or terminate accounts that violate these rules.

9. Orders, Printing & Payments

When you order a physical book, you agree to provide accurate shipping and payment details. Prices, taxes, and shipping are shown at checkout. Because books are personalized and made to order, refunds or replacements are handled on a case-by-case basis — if something is wrong with your order, contact us and we’ll make it right.

10. Subscriptions & Auto-Renewal

Parts of the Service may be offered on a paid, recurring subscription. Where we offer subscriptions, the price, billing period, and any trial are shown to you before you confirm, and the following applies:

• Auto-renewal. Subscriptions renew automatically at the end of each billing period until you cancel. We charge the renewal to your payment method on file.
• Purchases made in the mobile app.If you subscribe inside the app, the transaction is processed by the app store (Google Play or Apple), not by us. Billing, cancellation, and refunds for those purchases are governed by that store’s terms, and you manage or cancel the subscription in your Google Play or Apple account settings — not by deleting the app.
• Purchases made on our website. These are processed by our payment provider, and you can cancel from your account settings or by contacting us.
• Cancellation.Cancelling stops future renewals. Unless the law or the applicable store’s policy requires otherwise, we do not refund partial periods, and you keep access until the end of the period you have paid for.
• Price changes. We may change subscription prices. We will give you notice in advance, and any change applies only from your next billing period, so you can cancel first if you prefer.

11. Third-Party Sign-In & Services

You can sign in with your email address, or with a third-party account such as Google or Apple. When you do, that provider shares limited profile information with us (such as your name and email address), and your use of that provider remains subject to its own terms and privacy policy.

We also rely on third-party providers for hosting, authentication, AI generation, payments, printing, and delivery. We are not responsible for third-party services we do not control, and their availability may affect the Service. See our Privacy Policy for how information is shared with them.

12. Intellectual Property & AI-Generated Content

The Hugs & Smiles platform, including our software, branding, and templates, is owned by EngenuityAI and protected by intellectual-property laws. Subject to these Terms, you may use the personalized stories and books we create for your personal, non-commercial family use. AI-generated content may occasionally be inaccurate or unexpected; please review your stories before ordering or sharing.

13. Suspension & Termination

You may stop using the Service at any time, and you may delete your account from within the app or at hugsnsmiles.co/delete-account.

We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably believe your use creates a legal or security risk, or if we discontinue the Service. Where it is reasonable and lawful to do so, we will give you notice first.

On termination, your licence to use the app ends and access to your account and its content stops. Deletion of your data follows our Privacy Policy. Sections that by their nature should survive — including content licences you have granted, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — survive termination.

14. Disclaimers & Limitation of Liability

The Service is provided “as is” and “as available” without warranties of any kind, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any content or guidance it provides will be accurate or suitable for your child.

To the maximum extent permitted by law, EngenuityAI is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill, arising from your use of the Service or reliance on any content or guidance it provides. To the maximum extent permitted by law, our total liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) fifty US dollars (US$50).

Some jurisdictions do not allow certain warranty exclusions or liability limitations. In those places, these limitations apply only to the extent permitted, and nothing in these Terms limits liability that cannot lawfully be limited.

15. Indemnification

You agree to indemnify and hold harmless EngenuityAI and its officers, employees, and agents from any claims, damages, losses, and reasonable legal fees arising from your User Content, your use of the Service, or your breach of these Terms or of any law or third-party right. We will notify you of any such claim and may participate in its defense with counsel of our choosing.

16. Governing Law

These Terms and any dispute arising from them or from the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Subject to Section 17, the state and federal courts located in Delaware have exclusive jurisdiction, and you consent to their jurisdiction and venue. If you live outside the United States, this does not deprive you of the protection of mandatory consumer-protection laws in your country of residence.

17. Dispute Resolution & Arbitration

Please read this section carefully. It affects how disputes between us are resolved.

Talk to us first. If you have a problem, email us at hello@hugsnsmiles.co with a description of it. Most issues are resolved this way. If we cannot resolve it within 60 days, either of us may begin a formal proceeding.

Binding arbitration. Except as stated below, any dispute between you and EngenuityAI will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in English, and may be held remotely or in the county where you live. Judgment on the award may be entered in any court with jurisdiction.

Class-action waiver. Disputes will be brought only in your individual capacity. You and EngenuityAI each waive the right to bring or participate in a class, collective, or representative action, and an arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies.

Exceptions. Either of us may bring an individual claim in small-claims court, and either of us may seek injunctive relief in court for infringement or misuse of intellectual property.

Your right to opt out. You may opt out of arbitration and the class-action waiver by emailing hello@hugsnsmiles.cowith the subject “Arbitration Opt-Out” and your account email within 30 days of first accepting these Terms. Opting out does not affect anything else in these Terms.

18. Copyright & Intellectual-Property Complaints

We respect intellectual-property rights. If you believe content on the Service infringes your copyright or other rights, email hello@hugsnsmiles.co with: a description of the work, where the allegedly infringing material appears, your contact details, a statement that you believe in good faith that the use is unauthorized, a statement that your notice is accurate and that you are authorized to act for the rights holder, and your signature. We investigate every notice and may remove content or terminate repeat infringers.

19. Electronic Communications & Notices

By using the Service you consent to receiving communications from us electronically — by email, or through the website or app — and you agree that these satisfy any legal requirement that a communication be in writing. We will send notices to the email address on your account, so please keep it current. You can send notices to us at hello@hugsnsmiles.co or to EngenuityAI, 4757 Boone Dr, Fremont, CA 94538, USA.

Service and transactional messages (such as sign-in codes, order updates, and account notices) are part of the Service and cannot be opted out of while you have an account. Marketing emails always include an unsubscribe link.

20. General Terms

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and EngenuityAIabout the Service, and replace any earlier agreement on the same subject.
• Severability. If any provision is found unenforceable, it is modified to the minimum extent necessary or severed, and the rest stays in force.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries, except as stated in Section 6 for Google and Apple.
• Force majeure. Neither of us is liable for delays or failures caused by events beyond reasonable control.
• Export & sanctions. You agree to comply with applicable export-control and sanctions laws when using the Service.

21. Privacy

Your privacy matters to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

22. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where the change is significant, give you notice in the app or by email before it takes effect. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not accept them, please stop using the Service and delete your account.

23. Contact Us

Questions about these Terms? Reach out to us at hello@hugsnsmiles.co. Hugs & Smiles and the Hugs n Smiles app are operated by EngenuityAI, 4757 Boone Dr, Fremont, CA 94538, USA.