Terms of Service
Last Updated: July 20, 2026
1. Introduction and Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the HeyOtto! application ("Service", "we", "us", or "our"), our public website, mobile applications, and any related services (collectively, the "Service").
By creating an account, accessing, or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
2. Eligibility and Account Registration
2.1 Age Requirements, Minors, and COPPA Compliance
Account Creation Requirements
- You must be at least 18 years old to create an account and use the Service.
- Only parents or legal guardians may create accounts for family use.
- Minors (anyone under 18) are prohibited from creating their own accounts or accessing the Service independently.
How Minors Access the Service
The Service is designed for minors ages 7 through 17 ("children and teens"), who access it only through a parent- or guardian-managed family account:
- All minor profiles must be created and controlled exclusively by a parent or legal guardian, regardless of the minor's age.
- We do not offer a separate self-managed account type for teenagers; a 13-to-17-year-old uses the same parent-managed family account as a younger child.
- The account-holding parent or guardian remains responsible for, and retains control over, every minor profile within the family account (see Sections 4.2 and 5.1).
- The Service tailors its responses and safeguards to the minor's age (for example, more protective handling for younger children), but this age-based tailoring does not change who controls the account or holds the underlying rights.
Consent Basis by Age
- Children under 13. We require verifiable parental consent before collecting any personal information about a child under 13. As described in Sections 4.2 and 16, we treat completion of paid account creation (payment verification) as verifiable parental consent under COPPA.
- Teens ages 13–17. COPPA's verifiable-parental-consent mechanism applies specifically to children under 13. For teens ages 13–17, the lawful basis for processing their information is the consent of the account-holding parent or guardian together with our performance of this agreement. The parent or guardian consents to, and remains responsible for, the teen's use of the Service and the collection and use of the teen's information as described in these Terms and our Privacy Policy.
- Applicable minor-privacy laws. Where a jurisdiction imposes specific requirements for the data of minors ages 13–17, we handle that information in accordance with those requirements.
COPPA Compliance
- We fully comply with the Children's Online Privacy Protection Act (COPPA) and all applicable children's privacy laws.
- We do not knowingly collect personal information from children under 13 without verifiable parental consent.
- Parents maintain complete control over all minors' data and usage within their family account.
2.2 Account Registration
- You must provide accurate, current, and complete information during registration.
- You are responsible for maintaining the confidentiality of your account credentials.
- You are responsible for all activities that occur under your account.
- You must notify us immediately of any unauthorized access or security breach.
- One person or entity may not maintain more than one account without our express permission.
2.3 Account Termination
- You may terminate your account at any time by contacting us or using the account deletion feature.
- Upon termination, your account and personal data will be deleted as described in our Privacy Policy, except for information we are required or permitted to retain for legal, compliance, billing, safety, or fraud prevention purposes.
- We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.
- Upon termination, your right to use the Service will immediately cease.
- Certain data retention obligations survive account termination, including billing records, usage logs, safety records, and audit trails, as detailed in our Privacy Policy Section 6 (Data Retention).
3. Description of Service
3.1 Service Overview
HeyOtto! provides an AI-powered chat service designed for families. Our service includes:
- Family profile management
- Age-appropriate AI conversations for children
- Parental controls and monitoring
- Content filtering and safety features
- Customizable family preferences and values alignment
3.2 Service Modifications
- We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.
- We may update or change the Service and are not obligated to provide any specific features or functionality.
- We will make reasonable efforts to notify you of material changes to the Service.
4. User Responsibilities and Acceptable Use
4.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Service to harm, threaten, harass, or impersonate others
- Attempt to gain unauthorized access to any portion of the Service
- Interfere with or disrupt the Service or servers
- Upload or transmit viruses, malware, or other malicious code
- Collect or harvest information about other users without consent
- Use the Service for any commercial purpose without our written permission
- Attempt to reverse engineer, decompile, or discover the source code of the Service
- Remove, alter, or obscure any copyright or proprietary notices
- Use automated systems (bots, scrapers) to access the Service without permission
4.2 Parental Responsibilities and COPPA Obligations
As a parent or legal guardian creating a family account, you acknowledge and agree to the following responsibilities:
COPPA Compliance Responsibilities
- Verifiable Consent: By providing payment information and creating an account, you provide verifiable parental consent under COPPA for the collection of your children's personal information.
- Ongoing Consent: You must maintain consent throughout your use of the Service and may withdraw consent at any time by deleting your children's profiles.
- Authorization Confirmation: You confirm you are the parent or legal guardian authorized to provide consent for your children's data collection.
Monitoring and Supervision Obligations
- Active Monitoring: You are solely responsible for supervising your children's interactions with the Service.
- Content Review: You must regularly review your children's chat history and usage through the parental dashboard.
- Safety Configuration: You must configure appropriate parental controls, content preferences, and notification settings for each child. These controls personalize your child's experience and how you are alerted, but they operate on top of, and cannot disable, the core safety protections described in the next bullet.
- Non-Configurable Core Safety: Certain child-safety behaviors are built into the Service and cannot be turned off, overridden, or weakened through parental guidance, custom instructions, content preferences, or any other configuration. These include our automated monitoring of children's conversations, our detection and review of concerning content (including signs of distress or self-harm), and our safety escalation practices. Parental customization controls how the AI communicates and what topics it emphasizes or avoids; it does not control whether safety monitoring occurs.
- Immediate Response: You must respond promptly to any alerts or notifications about your children's activities.
Account Management Duties
- Profile Accuracy: You must ensure all information provided about your children is accurate and current.
- Access Control: You must secure your account credentials and prevent unauthorized access by children.
- PIN Management: You are responsible for managing PIN codes that control child access to profiles.
- Content Responsibility: You are legally responsible for all content created or accessed through your family account.
Safety and Liability Acknowledgment
- AI Limitations: You acknowledge that AI responses may occasionally be inaccurate, incomplete, or inappropriate despite our safety measures.
- Supervision Requirement: You understand that parental supervision is required and cannot be substituted by automated safety features.
- Emergency Response: You are responsible for teaching children appropriate responses to concerning content and when to seek adult help.
Data Control Rights
- Access Rights: You have the right to access, review, modify, and delete information about your children at any time.
- Deletion Rights: You may delete your children's personal information and chat history at any time. Deletion permanently removes this content from the active Service, except for the limited safety and legal records we may retain as described in Sections 5.2, 2.3, and 10.2.
- Export Rights: You may request copies of your children's data in a portable format.
4.3 Content Standards
All content you create or share through the Service must:
- Comply with applicable laws and regulations
- Not contain illegal, harmful, threatening, abusive, or offensive material
- Not infringe on intellectual property or privacy rights of others
- Be appropriate for the family-oriented nature of our Service
5. Family Profiles and Data
5.1 Family Profile Information and Children's Data
Profile Creation and Management
- As a parent or guardian, you may create profiles for your children and teens (minors ages 4–17). For children under 13, verifiable parental consent is provided through paid account creation; for teens ages 13–17, you provide and maintain consent as the account-holding parent or guardian (see Section 2.1).
- All minor profiles may only be created and managed by their parent or legal guardian, regardless of the minor's age.
- You are responsible for the accuracy, completeness, and currency of all profile information.
- You control what personal information is included in family profiles and may modify or remove it at any time.
Children's Information Collection
With your verifiable parental consent, you may provide the following information about your children:
- Names and nicknames
- Ages (used for age-appropriate content and responses)
- Biological sex (optional, for personalization)
- Interests, hobbies, and personality traits
- Educational level and preferences
- Parental guidance instructions
Data Usage and Purpose
- Profile information is used solely to provide age-appropriate AI interactions and personalization.
- Children's data enables safety features, content filtering, and developmental guidance.
- Parental guidance instructions personalize how the AI responds; they cannot and do not override, disable, or modify the core safety protections described in Section 4.2.
- All children's information is processed with enhanced privacy protections.
- We do not use children's personal information for marketing, advertising, or commercial purposes.
COPPA Data Minimization
- We collect only the minimum information necessary to provide the Service.
- Children's data is not shared with third parties except as required for service provision (with parental consent).
- Parents may limit or remove any optional information at any time.
5.2 Chat History, Conversations, and Parental Monitoring
Storage and Access
- The Service stores chat histories to provide conversation continuity and context for AI responses.
- Children's conversations are stored securely and segregated from other data types.
- Parents have immediate access to review all their children's chat history through the parental dashboard.
- Parents may export, modify, or delete their children's conversation history at any time, subject to the safety and legal retention described below.
- How deletion works. When a child removes a conversation from their own view, the conversation is hidden from the child but retained so that a parent or guardian can still review it. When a parent or guardian deletes a conversation, or clears a child's history, the underlying conversation and its messages are permanently removed from the active Service.
- Safety and legal retention. Even after a parent deletes a conversation, we may retain a limited record of safety alerts associated with that conversation — including the specific messages that gave rise to the alert — for child-safety, legal, compliance, and audit purposes, as described in Sections 2.3 and 10.2. These retained safety records are not used to reconstruct the deleted conversation for general access.
Content Monitoring and Safety
- All conversations, including children's, are subject to automated content monitoring for safety.
- Parents receive real-time alerts for potentially concerning content in their children's interactions.
- We employ multiple layers of safety measures including content filtering and age-appropriate responses.
- Children's conversations are flagged for parental review when safety concerns are detected.
AI Improvement and Data Usage
- We do not use children's or teens' conversations to train AI models.
- Conversations are processed by third-party AI providers to generate responses. Where available, we use business or enterprise service tiers under terms that restrict those providers from using your conversations to train their own models.
- Any internal analysis we perform to operate, secure, and improve the Service is conducted using anonymized or de-identified data.
- See Section 8.3 for how AI training applies more generally, including for adult accounts.
COPPA Compliance for Children's Content
- Children's chat content is treated with enhanced privacy protections under COPPA.
- Parents maintain full ownership and control over their children's conversational data.
- Children's conversations are not shared, sold, or used commercially without parental consent.
- Parents may delete their children's chat history at any time, subject to the limited safety and legal retention described above and in Sections 2.3 and 10.2.
6. AI-Generated Content and Disclaimers
6.1 Nature of AI Content
- Our Service uses artificial intelligence to generate responses and content
- AI-generated content is created algorithmically and may contain errors, inaccuracies, or inappropriate material
- We continuously work to improve accuracy and safety but cannot guarantee perfection
6.2 No Professional Advice
The Service is for informational and entertainment purposes only. AI-generated content does NOT constitute:
- Medical, legal, financial, or professional advice
- Educational instruction or tutoring services
- Mental health counseling or therapy
- Emergency services or crisis intervention
For professional advice or emergency situations, consult qualified professionals or contact appropriate emergency services.
6.3 Educational Disclaimer
While our Service may assist with homework or educational topics:
- AI responses should be verified with authoritative sources
- The Service is not a substitute for proper education or qualified instruction
- Parents should supervise children's use for educational purposes
- We are not responsible for academic performance or outcomes
7. Content Monitoring, Safety, and COPPA Protection
7.1 Comprehensive Safety Measures
We employ multiple layers of safety measures specifically designed to protect children and comply with COPPA:
Age-Appropriate Content Protection
- Advanced content filtering based on developmental age groups
- Automated monitoring for inappropriate language, topics, and content
- Automated analysis of conversation context and safety risks, including detection of signs of distress or self-harm
- Age-specific response guidelines and boundary enforcement
When our systems detect signs of distress or self-harm, we flag the interaction and surface confirmed concerns to the account-holding parent or guardian through safety alerts (subject to Section 7.3). As stated in Section 6.2, the Service is not a crisis, counseling, or emergency service, and it does not provide crisis intervention. If a child is in danger or crisis, contact qualified professionals or emergency services immediately.
Parental Alert and Monitoring Systems
- Notifications to parents about potentially concerning interactions, delivered according to the severity of the concern and the notification preferences (channels, thresholds, and quiet hours) configured on the account
- Automated flagging of content for review, with confirmed concerns surfaced to parents through the parental dashboard
- Parental dashboard for comprehensive monitoring and oversight
- Prioritized alerts for serious safety concerns
COPPA-Specific Safety Features
- Enhanced privacy protections for children's conversations
- Segregated data handling for children's content
- Parental consent verification for all children's data processing
- Immediate parental access to children's interaction history
7.2 Content Review and COPPA Compliance
Our Monitoring Rights and Obligations
- We reserve the right to review, monitor, and remove content that violates these Terms or COPPA
- Automated and manual review processes are used to support child safety
- We prioritize review of children's content for safety and appropriateness
- As a general practice, we notify parents of content violations involving their children, subject to the escalation and welfare exceptions described in Section 7.3
COPPA Content Review Requirements
- We maintain reasonable procedures to protect children's privacy during content review
- Children's content is reviewed only for safety purposes, not for commercial analysis
- Parents are informed of any content review involving their children
- We minimize retention of reviewed content to comply with COPPA data minimization requirements
7.3 Reporting and Parental Rights
Content Reporting Mechanisms
- Parents can report inappropriate content or behavior through the Service interface
- Children are taught to report concerning content to parents or trusted adults
- All reports are investigated promptly with priority given to children's safety
- False or malicious reports may result in account restrictions
COPPA Parental Reporting Rights
- Parents have the right to report concerns about their children's data handling
- We respond to parental reports within 30 days as required by COPPA
- Parents may request investigations into their children's content or data usage
- All parental reports are handled with the highest priority for child protection
Safety Incident Response
- We maintain procedures for responding to safety incidents involving children and teens.
- As our default practice, we notify the account-holding parent or guardian of confirmed safety concerns involving their child, with timing based on the severity of the concern and the notification settings on the account.
- Welfare exception. Notifying a parent or guardian is our general practice, not an absolute commitment. Where we reasonably believe that notifying a parent or guardian may not serve the child's welfare, could place the child at risk, or would be unlawful, we may delay, limit, or withhold that notification.
- Escalation and reporting. In addition to, or instead of, notifying a parent or guardian, we may take other steps we reasonably believe are appropriate to protect a child, including escalating internally, contacting appropriate authorities or child-welfare organizations, or reporting to or cooperating with law enforcement. We will do so where required or permitted by law.
- Safety incidents are documented and reviewed to improve protection measures.
8. Intellectual Property Rights
8.1 Our Intellectual Property
- The Service, including all content, features, functionality, software, and design, is owned by us or our licensors
- Our trademarks, logos, and service marks are our property
- You may not use our intellectual property without prior written permission
8.2 Your Content
- You retain ownership of content you create or provide to the Service
- By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for purposes of providing and improving the Service
- This license continues even after you stop using the Service for content you shared publicly
8.3 AI Training
- We do not train our own foundation AI models on your conversations. AI responses are generated by third-party AI providers.
- Where available, we use business or enterprise tiers of these providers under terms that restrict them from using your conversations to train their models.
- We never use the conversations of children or teens (minors ages 4–17) to train AI models.
- Any internal analysis used to operate, secure, and improve the Service is performed on anonymized or de-identified data, from which personal information has been removed.
8.4 Third-Party Content
- The Service may contain links to third-party websites or services
- We are not responsible for third-party content or services
- Your use of third-party services is subject to their terms and policies
9. Subscription and Payment Terms
9.1 Subscription Plans
- The Service offers various subscription plans with different features and limits
- Subscription details, pricing, and features are described on our pricing page
- We reserve the right to modify subscription plans and pricing with notice
9.2 Payment
- Subscriptions are billed in advance on a recurring basis (monthly or annually)
- You authorize us to charge your payment method for all fees
- You must provide current, complete, and accurate payment information
- You are responsible for all charges incurred under your account
9.3 Billing and Renewal
- Subscriptions automatically renew unless cancelled before the renewal date
- You will be charged at the then-current rate upon renewal
- We will provide notice of price changes before they take effect
- No refunds are provided for partial subscription periods
9.4 Free Trial
- We may offer free trials for new users
- Free trials automatically convert to paid subscriptions unless cancelled
- Only one free trial per user or household
- We reserve the right to verify eligibility and revoke free trials obtained fraudulently
9.5 Cancellation and Refunds
- You may cancel your subscription at any time through your account settings
- Cancellation takes effect at the end of your current billing period
- No refunds are provided for unused portions of subscription periods
- We may provide refunds on a case-by-case basis at our sole discretion
9.6 Usage Limits
- Subscription plans may include usage limits (e.g., message counts, tokens)
- Exceeding limits may result in service restrictions or additional charges
- Usage limits and overages are described in your subscription plan details
10. Privacy and Data Protection
10.1 Privacy Policy
- Our Privacy Policy describes how we collect, use, and protect your information
- By using the Service, you consent to our privacy practices as described in the Privacy Policy
- The Privacy Policy is incorporated into these Terms by reference
10.2 Data Retention and Deletion
- When you delete your account, most personal data is immediately deleted as described in our Privacy Policy
- Certain information is retained for legal, compliance, billing, and safety purposes, including:
- Subscription and billing records (retained as required by tax and accounting laws)
- Usage metering data (retained to prevent abuse)
- User activity logs (retained for security and fraud prevention)
- Communication records (retained for compliance)
- User identification mapping (retained for audit purposes)
- Safety alert records, including the specific messages that gave rise to a safety alert, retained for child-safety, legal, and audit purposes even where the associated conversation has been deleted
- Retained data is not accessible through the Service for general use after deletion, other than as needed for the safety, legal, and compliance purposes described above
- You may request information about retained data by contacting our privacy team
- Full details about data retention are provided in our Privacy Policy Section 6 (Data Retention)
10.3 Children's Privacy and COPPA Compliance
COPPA Compliance Commitments
- We fully comply with the Children's Online Privacy Protection Act (COPPA) and all applicable children's privacy laws
- We do not knowingly collect personal information from children under 13 without verifiable parental consent
- Payment verification serves as FTC-approved verifiable parental consent for children's data collection
- We maintain reasonable procedures to protect children's privacy and safety
Parental Control and Rights
- Parents maintain complete control over all children's profiles, information, and usage
- Parents can review, modify, export, or permanently delete their children's information at any time
- Parents receive direct notice about what children's information we collect and how it is used
- Parents can withdraw consent and request immediate deletion of their children's data
Children's Data Handling
- Children's personal information is collected only with parental consent and used solely for Service provision
- Children's data is processed with enhanced security measures and privacy protections
- Children's conversations and personal information are never used for marketing or commercial purposes
- Children's data is segregated and handled separately from adult user data
COPPA Data Retention and Deletion
- Children's personal information is retained only as long as necessary to provide the Service
- Parents can request immediate deletion of their children's information at any time
- Upon consent withdrawal, all children's data is deleted within 30 days
- Some billing and account data may be retained as required by law, but children's personal content is fully deleted
International Children's Privacy
- Children's data transfers comply with COPPA and international privacy laws
- Enhanced safeguards are implemented for international transfers of children's information
- Parents are notified of any international data transfers involving their children's information
10.4 Data Security
- We implement reasonable security measures to protect your information
- No method of transmission or storage is 100% secure
- You are responsible for maintaining the security of your account credentials
- You should notify us immediately of any security breaches
10.5 Breach Notification
- If we become aware of a data breach that compromises the personal information of you or your children, we will notify affected parents and users, and any regulators or authorities, as and when required by applicable law.
- For breaches involving children's personal information, we will provide notice to the affected account-holding parent or guardian without undue delay, in accordance with applicable children's-privacy and data-breach laws.
- Our notice will describe, to the extent known and permitted, the nature of the breach, the categories of information involved, and the steps we are taking in response.
11. Disclaimers and Limitations of Liability
11.1 Service Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
- WARRANTIES OF UNINTERRUPTED OR ERROR-FREE SERVICE
- WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS
11.2 AI Disclaimer
We are committed to child safety and maintain concrete safeguards, including automated monitoring of children's conversations, detection and flagging of concerning content (such as signs of distress or self-harm), parental alerts, and core safety protections that cannot be disabled through customization (see Sections 4.2, 5.2, and 7). These safeguards are designed to reduce risk and support parents; they are not guarantees. Because AI systems are probabilistic and no filtering is perfect, WE DO NOT WARRANT THAT:
- AI-generated content will be accurate, appropriate, or safe in every instance
- Content filtering will catch all inappropriate material
- The Service will prevent all harmful or unwanted interactions
- AI responses will be suitable for your specific circumstances
Our marketing describes the safeguards we build and operate; it is not a promise that the Service is error-free or that harmful content can never occur. Parental supervision remains required, as described in Section 4.2.
11.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM
- WE ARE NOT LIABLE FOR DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE
- WE ARE NOT LIABLE FOR AI-GENERATED CONTENT OR INTERACTIONS THROUGH THE SERVICE
11.4 Jurisdictional Limitations
Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless HeyOtto!, its officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
Your Account and Usage
- Your use or misuse of the Service
- Your violation of these Terms or applicable laws
- Your violation of any rights of another party
- Content you create or provide to the Service
Parental Responsibilities and COPPA Compliance
- Your children's use of the Service under your account
- Your failure to properly supervise your children's interactions
- Your provision of inaccurate information about your children
- Your violation of COPPA obligations as a parent or guardian
- Claims arising from your children's data provided to the Service
COPPA-Specific Indemnification
- Any claims that you are not authorized to provide consent for your children's data
- Claims related to the collection, use, or disclosure of your children's information
- FTC investigations or enforcement actions related to COPPA compliance
- Any privacy claims brought by or on behalf of your children
You acknowledge that maintaining COPPA compliance is your responsibility as a parent, and you agree to indemnify us for any COPPA-related claims arising from your account management or consent provision.
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to conflict of law principles.
13.2 Informal Resolution
Before filing any claim, you agree to contact us to attempt to resolve the dispute informally. We will work in good faith to resolve disputes.
13.3 Arbitration
Any dispute that cannot be resolved informally shall be resolved through binding arbitration rather than in court, except:
- Small claims court disputes
- Intellectual property disputes
- Disputes seeking injunctive relief
Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitrator's decision is final and binding.
13.4 Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class actions, class arbitrations, or representative actions.
13.5 Enforceability and Claims Involving Minors
The arbitration and class-action-waiver provisions in Sections 13.3 and 13.4 apply only to the extent permitted by applicable law. Enforceability of arbitration agreements and class-action waivers with respect to claims brought by or on behalf of minors varies by jurisdiction and may be limited. If any portion of Section 13.3 or 13.4 is found unenforceable as to a particular claim or party, that portion will be severed as described in Section 15.2, and the remainder of these Terms will continue to apply.
14. Changes to Terms
14.1 Modifications
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting updated Terms on our website
- Sending email notification to registered users
- Displaying a notice in the Service
14.2 Acceptance of Changes
Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and may cancel your account.
14.3 Version History
We maintain a version history of these Terms, which you can request by contacting us.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published through the Service, constitute the entire agreement between you and us.
15.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.
15.5 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.
15.6 Survival
Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.
15.7 Notices
Notices to you may be sent to the email address associated with your account. You should keep your contact information current. Notices to us should be sent to legal@heyotto.app.
15.8 Export Controls
You may not use or export the Service in violation of any applicable export laws or regulations.
15.9 Government Users
If you are a U.S. government entity, the Service is a "Commercial Item" as defined in applicable regulations, and is provided with only those rights afforded to commercial end users.
16. COPPA Compliance Statement
16.1 COPPA Operator Obligations
As required by the Children's Online Privacy Protection Act (COPPA), HeyOtto! commits to:
- Collecting personal information from children under 13 only with verifiable parental consent
- Providing direct notice to parents about our information collection practices
- Giving parents access to review and delete their children's personal information
- Maintaining reasonable procedures to protect children's privacy and safety
- Responding to parental requests within 30 days as required by law
- Not conditioning children's participation on collecting more information than necessary
16.2 Parental Consent and Verification
- For children under 13, payment verification during account creation serves as FTC-approved verifiable parental consent under COPPA
- For teens ages 13–17, the lawful basis is the account-holding parent or guardian's consent together with performance of these Terms, as described in Section 2.1 (COPPA's verifiable-parental-consent mechanism applies specifically to children under 13)
- Parents must be 18 or older and authorized to provide consent for their children's data
- Consent covers all collection, use, and disclosure of the minor's personal information as described in these Terms and our Privacy Policy
- Parents may withdraw consent at any time by deleting their children's profiles
16.3 COPPA Enforcement and Contact
If you have concerns about COPPA compliance or need to exercise parental rights:
Email: privacy@heyotto.app Subject Line: COPPA Parental Rights Request Response Time: Within 30 days as required by COPPA
We take COPPA compliance seriously and work diligently to protect children's privacy online.
17. Contact Information
If you have questions about these Terms, please contact us:
Email: support@heyotto.app
Website: https://www.heyotto.app
By using HeyOtto!, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. By creating a family account, you confirm you are a parent or guardian authorized to provide consent for your children's use of the Service and collection of their personal information under COPPA.