Effective Date: May 25, 2026
Last Updated: May 25, 2026
These Terms of Use ("Terms") govern access to and use of the "Child Companion" application, website, software, APIs, audio systems, conversational systems, and related services (collectively, the "Service") operated by Mom Call My Hero ("Company," "we," "us," or "our").
BY DOWNLOADING, ACCESSING, INSTALLING, REGISTERING FOR, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
If you are accepting these Terms on behalf of a minor, you represent and warrant that you are the lawful parent or legal guardian of the child.
The Service is an AI-powered conversational platform intended to facilitate fictional, entertainment-oriented, educational, motivational, and guided interactions between a minor and AI-generated fictional "Heroes" configured by the Tutor.
The Tutor may customize Heroes using configurable parameters, including but not limited to: voice style, personality tone, dialogue style and fictional identity, topics for discussion, behavioral reinforcement goals, emotional support themes, and conversational objectives.
Examples may include fictional characters such as kings, dragons, adventurers, mentors, or fantasy companions. The Service uses artificial intelligence systems and automated outputs generated by third-party and proprietary technologies.
THE SERVICE IS NOT: a medical device, a mental health service, a therapy platform, a psychiatric service, a crisis intervention service, a childcare service, a babysitting service, a substitute for parenting, a substitute for human supervision, or a substitute for professional advice of any kind.
All interactions are generated automatically by probabilistic machine learning systems and may be inaccurate, inappropriate, incomplete, misleading, unpredictable, emotionally ineffective, emotionally impactful, fictional, fabricated, or inconsistent.
You may only use the Service if you are at least 18 years old and the lawful parent or legal guardian of the child using the Service.
You are solely and fully responsible for: all child interactions with the Service, monitoring the child's usage, determining whether the Service is appropriate for the child, reviewing and configuring Hero behavior, selecting goals, prompts, and conversational topics, supervising emotional and behavioral outcomes, evaluating all outputs and recommendations, and deciding whether the child should continue using the Service.
You acknowledge and agree that: children may emotionally attach to fictional AI entities, AI responses may influence emotions, behaviors, beliefs, fears, habits, decisions, or conduct, AI-generated conversations may be misunderstood by children, children may react unpredictably to generated content, and AI may generate unintended responses despite safeguards.
ALL RISKS ARISING FROM CHILD USE OF THE SERVICE ARE ASSUMED SOLELY BY THE TUTOR.
THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."
The Company makes no representations, warranties, or guarantees regarding accuracy, reliability, safety, emotional appropriateness, behavioral effectiveness, educational value, psychological suitability, emotional impact, child development outcomes, therapeutic outcomes, availability, uptime, performance, or content consistency.
Artificial intelligence systems are inherently experimental and non-deterministic. The Service may hallucinate facts, invent information, misunderstand context, produce undesirable responses, fail to follow Tutor instructions, disconnect unexpectedly, misinterpret speech or child emotions, generate contradictory statements, generate fictional or unrealistic claims, or malfunction entirely.
The Company does not guarantee that the child will behave differently, behavioral goals will be achieved, emotional concerns will improve, sleep issues will improve, anxiety will improve, or conversations will remain aligned with Tutor expectations. No output generated by the Service should be interpreted as professional advice.
YOU EXPRESSLY ACKNOWLEDGE AND ACCEPT THAT USE OF AI SYSTEMS INVOLVES INHERENT RISKS.
You voluntarily assume all risks associated with: child emotional reactions, behavioral changes, dependency on fictional characters, misunderstood conversations, inaccurate outputs, technical failures, voice synthesis errors, content generation failures, exposure to undesired statements, emotional discomfort, distress, family disputes, child conduct, actions inspired by conversations, statements repeated by children, sleep disruption, anxiety, attachment behaviors, mimicked speech or conduct, and third-party service interruptions.
The Company shall not be responsible for any consequence arising directly or indirectly from use of the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, PARTNERS, SUPPLIERS, SUCCESSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY: direct damages, indirect damages, incidental damages, consequential damages, special damages, exemplary damages, punitive damages, emotional damages, psychological damages, behavioral damages, family disputes, personal injury, loss of goodwill, data loss, child conduct, educational outcomes, developmental outcomes, mental distress, emotional distress, financial losses, reputational harm, service interruptions, inaccurate outputs, AI hallucinations, technical failures, unauthorized access, security incidents, third-party failures, or injuries allegedly caused by conversations.
This limitation applies regardless of foreseeability, legal theory, prior notice, alleged negligence, strict liability, contract claims, tort claims, or statutory claims.
The Company's total cumulative liability shall never exceed the greater of: One hundred U.S. dollars (USD $100), or the amount paid by the Tutor to the Company during the previous three (3) months.
You agree to fully defend, indemnify, and hold harmless the Company and all related parties from and against any and all claims, allegations, liabilities, damages, losses, judgments, penalties, costs, and expenses, including attorneys' fees, arising from or related to: child use of the Service, Tutor configuration choices, emotional or behavioral outcomes, misuse of the Service, violation of law, violation of these Terms, injury claims, privacy claims, content disputes, reliance on AI outputs, third-party complaints, family disputes, regulatory investigations, or claims involving minors.
This indemnification obligation survives termination of the Terms.
The Tutor agrees not to: use the Service unlawfully, configure harmful prompts, encourage dangerous behavior, attempt to manipulate minors improperly, use the Service for abuse, use the Service to replace proper parental supervision, submit illegal content, attempt to reverse engineer the Service, interfere with system security, use automated abuse tools, upload malicious software, circumvent safeguards, or use the Service in violation of child protection laws.
The Company reserves the right to suspend or terminate access at any time, with or without notice.
The Service may use automated systems to detect potential safety-related indicators, including language potentially associated with distress, self-harm, abuse, dangerous situations, or emotional escalation. The Service may notify the Tutor of detected signals.
However, detection systems are imperfect, detection may fail, false positives may occur, and false negatives may occur.
THE COMPANY DOES NOT GUARANTEE CHILD SAFETY MONITORING. The Tutor remains solely responsible for child welfare, supervision, and intervention.
The Service is NOT an emergency service and must never be relied upon during emergencies. If a child may be in danger, contact emergency services or qualified professionals immediately.
The Service relies on third-party infrastructure and providers, including but not limited to: OpenAI, ElevenLabs, LiveKit, Deepgram, and Supabase. Additional providers may be used at any time.
The Company does not control third-party systems and is not responsible for downtime, API failures, security incidents, data loss, audio failures, voice synthesis issues, transcription inaccuracies, third-party outages, or provider policy changes.
Third-party services may independently process data according to their own terms and privacy policies.
The Company seeks to comply with applicable child privacy laws, including the Children's Online Privacy Protection Act ("COPPA").
The Tutor acknowledges and consents that the Service may collect and process: account information, child nickname or profile identifiers, voice data processed in real-time (not stored as audio recordings), text transcripts of conversations, usage analytics, device information, technical diagnostics, safety-related metadata, configuration settings, and behavioral preference settings.
Data may be used for: operating the Service, improving system performance, safety monitoring, personalization, debugging, fraud prevention, and legal compliance.
The Tutor may have rights, subject to applicable law, including: accessing stored data, requesting deletion, downloading data, managing consent, and closing accounts. The Tutor represents that all legally required parental consents have been obtained.
The Company may retain information for operational purposes, backup purposes, fraud prevention, dispute resolution, legal compliance, safety investigations, and enforcement of rights. Deletion requests may not immediately remove all residual or backup copies. The Company may retain anonymized or aggregated information indefinitely.
All software, systems, designs, voices, branding, interfaces, prompts, graphics, technologies, and related materials are owned by the Company or its licensors and protected by intellectual property laws. No ownership rights are transferred to the Tutor.
You may not copy, modify, resell, reverse engineer, redistribute, republish, exploit, or create derivative works without prior written permission.
The Service may become unavailable at any time for any reason, including maintenance, infrastructure failures, cybersecurity incidents, provider outages, AI model changes, regulatory actions, or unexpected technical problems. The Company does not guarantee uninterrupted access. Features may be modified, suspended, or discontinued at any time without liability.
The Company does not owe any fiduciary duty, caregiving duty, therapeutic duty, educational duty, or special duty of care toward the Tutor or child. The relationship between the Company and users is solely contractual.
To the maximum extent permitted by law, all disputes shall be resolved through binding individual arbitration. You waive jury trial rights, participation in class actions, and participation in representative actions. Claims must be brought individually.
These Terms shall be governed by and interpreted under applicable laws, excluding conflict-of-law principles.
If any provision of these Terms is determined unenforceable, the remaining provisions shall remain fully valid and enforceable.
The Company may modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.
These Terms constitute the complete and exclusive agreement between the parties regarding the Service and supersede all prior communications and understandings.
Credits are prepaid units of Service access purchased through the Apple App Store or Google Play Store.
NON-REFUNDABLE
All credit purchases are final and non-refundable, except as required by applicable law or the refund policies of the applicable app store platform. Credits have no cash value and may not be exchanged for money, transferred between accounts, or redeemed for any purpose other than use within the Service.
EXPIRATION
Credits do not expire while the account remains active. Credits may be forfeited if the account is suspended or terminated for violation of these Terms.
ACCOUNT DELETION AND UNUSED CREDITS
Before deleting an account, the Tutor will be shown the current credit balance within the app. The Tutor may choose to use remaining credits before proceeding. Upon account deletion, any unused credits are permanently forfeited and are not eligible for refund or transfer.
APP STORE PURCHASES
Purchases made through the Apple App Store or Google Play are subject to the respective platform's payment and refund terms. The Company is not responsible for disputes arising from platform-level purchases. Restore Purchases functionality is provided as a convenience and does not guarantee recovery of credits in all cases.
TECHNICAL FAILURES
In the event of a technical failure during a call, credits consumed during that session may not be automatically restored. Tutors may contact info@momcallmyhero.com to report documented technical issues for review on a case-by-case basis. No credit restoration is guaranteed.
For legal notices or support inquiries, contact:
Mom Call My Hero info@momcallmyhero.com https://momcallmyhero.com
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