Terms of Service

Interpretation and Definitions

Interpretation

Words with an initial capital letter have meanings defined under the following conditions. These definitions apply regardless of whether they appear in singular or plural form.

Definitions

For the purposes of these Terms of Service:

• Company (referred to as "We", "Us", or "Our") refers to CuddleForge, Cayman Islands.
• Device refers to the Talking Mario AI-powered plush toy sold on our Website.
• Goods refers to the items offered for sale on the Website.
• Order means a request by You to purchase Goods from Us.
• Website refers to talkingmario.com.
• You means the individual accessing or using the Website, or the legal entity on behalf of which such individual is acting.

Acknowledgment

These Terms of Service govern the use of our Website and the agreement between You and the Company. They set out the rights and obligations of all users regarding the use of our Website and the purchase of our products.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Website You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Website.

You represent that You are over the age of 18. The Company does not permit those under 18 to place orders through the Website. Your use of the Website is also conditioned on Your acceptance of our Privacy Policy. Please read it carefully before using our Website.

Placing Orders for Goods

By placing an Order through the Website, You warrant that You are legally capable of entering into binding contracts.

Your Information

To place an Order, You will be asked to provide certain information including Your name, email address, and shipping address. You represent and warrant that the information You supply to Us is true, correct, and complete.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for reasons including but not limited to:

• Goods availability
• Errors in the description or prices of Goods
• Errors in Your Order
• Suspected fraud or unauthorized transaction

Availability, Errors and Inaccuracies

We are constantly updating our offerings on the Website. Goods may be mispriced, described inaccurately, or unavailable. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order. Prices quoted may be revised in the event of any occurrence affecting delivery caused by government action, increased shipping charges, or any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods are subject to a one-time payment. We currently accept cash on delivery as our primary payment method. Payment is due at the time the order is delivered to You. If payment is not received upon delivery, the order will be returned to Us.

For international orders or alternative payment arrangements, please contact us directly via WhatsApp before placing your order.

Shipping

We offer free shipping to all destinations within Peru. For orders outside Peru, please contact us prior to purchase to confirm availability and applicable shipping costs.

Delivery times may vary depending on your location. We are not responsible for delays caused by third-party carriers or circumstances beyond our control, including customs clearance for international shipments.

Returns and Refunds

You have 7 days from the date of delivery to return the Device if it does not function as described or as expected. To be eligible for a return, the product must be in its original condition and packaging.

If your return is approved, you will receive a full refund. Refunds are processed within a reasonable timeframe after we receive and inspect the returned product.

We do not accept returns for change of mind or reasons unrelated to product defect or malfunction after the 7-day window has passed.

Warranty

The Talking Mario Device comes with a 1-year warranty covering manufacturing defects. If the Device fails due to a factory defect within this period, please contact us and we will repair or replace it at no additional charge.

This warranty does not cover damage resulting from misuse, accidents, unauthorized modifications, exposure to liquids, or normal wear and tear.

AI Technology and Acceptable Use

The Talking Mario Device uses artificial intelligence technology to enable real-time voice conversations. By using this product, You agree not to attempt to manipulate, reverse-engineer, bypass, or misuse the AI system in any way.

We reserve the right to update the AI software embedded in the Device at any time to improve performance, safety, or content quality. These updates are provided at no additional cost.

Intellectual Property

The Website and its original content, features, and functionality are and will remain the exclusive property of CuddleForge and its licensors. The Website is protected by copyright, trademark, and other applicable laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. This product is not affiliated with, endorsed by, or sponsored by Nintendo Co., Ltd.

Your Feedback to Us

You assign all rights, title, and interest in any feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, distribute, modify, and exploit such feedback without restriction.

Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise You to read the terms and privacy policies of any third-party websites You visit.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with the use or inability to use the Website or the Device.

The Company's total liability shall not exceed the amount actually paid by You for the product in question.

"As Is" and "As Available" Disclaimer

The Website and the Device are provided to You "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Severability and Waiver

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver: The failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Governing Law

The laws of the Cayman Islands shall govern these Terms and Your use of the Website. Your use of the Device may also be subject to other local, national, or international laws applicable in your country of residence.

Disputes Resolution

If You have any concern or dispute about our products or services, You agree to first try to resolve the dispute informally by contacting us at info@cuddleforge.com.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Website.

Contact Us

If you have any questions about these Terms of Service, you can contact us at: