Terms of Service

01The agreement

These Terms of Service (“Terms”) are a contract between you and <TODO legal entity name> (“Squish & Wish”, “we”, “us”). They govern your use of the Squish & Wish website and web app, the Squish & Wish mobile app, the Squish & Wish Club membership, our online store, and the Squish & Wish plush and voice pod (together, the “Service”).

By creating an account, placing an order, or using the Service you accept these Terms and our Privacy Policy. The Membership Terms, Shipping & Returns policy, Limited Warranty and Safety Information are part of these Terms. If you do not agree, please do not use the Service.

02What Squish & Wish is (and isn’t)

Squish & Wish is a plush character with a removable, USB-C-charged voice pod inside. Someone signed in to the app or web types a message; the plush says it aloud in the character’s realistic AI voice. Messages can be sent right away or scheduled. That is the entire product.

• The plush has no microphone or camera. It cannot hear, record or listen.
• It never generates its own words and never speaks unless a message was sent to it. Squeezing its foot wakes the pod or replays the last message.
• Sending messages requires a working home Wi-Fi network, the mobile app or web app, and — after the complimentary first “hello” each plush gets when it is claimed — an active Club membership. Without a membership the plush keeps its last message and can still replay it.
• The voice pod depends on our cloud service. Section 12 explains what we promise about keeping it running.

03Eligibility and your account

• You must be at least 18 years old and able to enter a binding contract to create an account, place an order or join the Club. We do not knowingly allow accounts for anyone under 18; if you believe a minor has created one, tell us and we will delete it.
• The plush is intended for children ages 3 and up under adult supervision. If you give a plush to a child, you are the account holder, you decide who may send messages to it, and you are responsible for reading the Safety Information.
• Give us accurate information and keep it current. Keep your password private; you are responsible for everything done through your account until you tell us it has been compromised.
• You may invite other adults as “approved senders” for a plush. They agree to these Terms, and you can remove them at any time. You are responsible for choosing them carefully.
• We may suspend or close an account that breaks these Terms, endangers a child or another person, or is used for fraud (section 13).

04Buying a plush

Pre-orders and the ship window

Every plush sold today is a pre-order. Your payment method is charged in full when you place the order. We expect to ship pre-orders in late November 2026, in the order they were received. If we cannot ship by then, we will email you a revised date and you may cancel for a full refund at any time before the order ships; the Shipping & Returns policy sets out exactly how delays, cancellations and returns work.

Prices, tax and payment

• Prices are in US dollars. The plush is $95; gift wrap, shipping and sales tax (calculated for your shipping address) are shown at checkout before you pay. The Club membership is not included in, or charged at, plush checkout.
• Payments are processed by Stripe. Where offered, you may also pay with Klarna (“Pay in 4”), which is subject to Klarna’s own terms and eligibility. We do not store card numbers.
• We ship only to addresses in the United States.
• An order is accepted when we email you a confirmation. We may cancel an order (and refund it in full) for a pricing or listing error, suspected fraud, an address we cannot ship to, or a quantity limit — we will tell you why.
• Promotion codes are one per order unless stated otherwise and cannot be applied after an order is placed.
• Title and risk of loss pass to you when the carrier delivers the package to your address.

Returns and warranty

You have 30 days from delivery to return a plush for any reason, with free return shipping in the US (Shipping & Returns). The plush and its voice pod are covered by a 1-year Limited Warranty.

05The Club membership

Squish & Wish Club is an optional, auto-renewing membership that covers voice rendering and delivery of your messages. It costs $19.99 per month or $180 per year (equal to $15/month), renews automatically until you cancel, and can be cancelled at any time with access continuing to the end of the period you paid for. You start it yourself — on the web at /app/subscription or inside the mobile app — after your plush arrives; nothing about it is charged when you buy the plush.

The full billing, renewal, reminder, cancellation and refund terms are in the Membership Terms, which are part of these Terms.

06Your messages

• You own what you write. You give us a non-exclusive, worldwide, royalty-free licence to store your message text, render it into audio in the character voice you chose, deliver it to the plush you addressed, keep it in your history for your plan’s window, and use it as needed to operate, secure and support the Service. The licence ends when the message is deleted, except for copies in backups that are purged on our normal schedule.
• You are responsible for your messages and for making sure you have the right to send them. Messages are moderated automatically before they are spoken; we may decline to render a message and may review one that is flagged or reported (see the Privacy Policy).
• We do not use your messages to train AI models.
• Delivery is best-effort. A message plays when the plush is online, powered and connected to the internet; a plush that is asleep or offline plays queued messages when it reconnects. We do not guarantee that a message — scheduled or otherwise — will play at a particular time.
• Scheduled messages are fixed when you create them; the text cannot change at fire time. Each plays only if your membership and quota allow it at that moment.
• The character voices are performances created for Squish & Wish. You may use the audio we render only through the Service, for playing on your plush and listening in the app. You may not extract, redistribute or commercially use the character voices or the rendered audio.

07Acceptable use

The plush speaks in a real voice in someone’s home — often a child’s room. You agree not to send, schedule or attempt to render any message that:

• harasses, threatens, bullies, frightens or demeans the listener or anyone else;
• is sexual, sexually suggestive, or otherwise not appropriate for the person who will hear it — and, when the listener is a child, anything a reasonable parent would not want spoken to their child;
• promotes hatred or violence against a person or group, or glorifies self-harm;
• is illegal, defamatory, or infringes someone’s rights;
• impersonates another person in a way intended to deceive or to cause distress;
• is designed to get around our content filter (misspellings, spacing, code words) or to test its limits.

You also agree not to:

• send messages to a plush you are not authorized to send to, or try to claim a plush you do not own;
• use the Service to spam, advertise, or send automated or bulk messages;
• interfere with the Service, probe or attack our systems, or access data that is not yours;
• modify the voice pod’s firmware, tamper with its battery or safety features, or use the pod outside the plush — except as permitted by law for interoperability or repair;
• resell the Service, share an account, or give approved-sender access to someone you do not know and trust.

We may refuse, delay or remove any message, and suspend or terminate any account, that we reasonably believe breaks these rules. Report abuse to help@squishandwish.com.

08The voice pod, connectivity and updates

• The pod needs a 2.4 GHz Wi-Fi network with internet access and a power source. You are responsible for your network, its security, and any data charges.
• You link a plush to your account by scanning the code on its box (“claiming”). Only one account can own a plush at a time. You can unlink it in the app; unlinking releases it so another account can claim it, and erases its messages from the app.
• If a plush is lost or stolen, unlink it in the app or tell us; we will block it from receiving messages.
• The pod automatically installs firmware updates we publish. Updates may add, change or remove features and may be needed for security; you cannot opt out of security updates while the pod is connected.
• We may collect the device-health information described in the Privacy Policy. The pod does not collect anything from the child.
• Do not open the pod. The battery is not user-replaceable; see the Safety Information.

09Our intellectual property and your licence

Squish & Wish, the Squish & Wish logo, Chuck the Duck, Pierre the Bear, every other character, their names, likenesses, personalities and voices, the app, the website, the firmware, and all related content are owned by <TODO legal entity name> or our licensors and are protected by copyright, trademark and other laws.

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the mobile app on devices you own or control, and to use the website and web app, solely to use the Service under these Terms. You may not copy, modify, distribute, sell, lease, reverse engineer or create derivative works from any part of the Service except to the extent the law allows despite this restriction. Buying a plush transfers ownership of the physical plush and pod to you; it does not transfer any rights in the software, firmware, characters or voices.

If you send us feedback or ideas, we may use them without obligation to you. We will not use your name to promote them without your permission.

10Third-party services and app stores

Parts of the Service are delivered through third parties — Apple’s App Store, Google Play, Stripe, Klarna, shipping carriers — under their own terms, which you agree to when you use them. We are not responsible for third-party services.

Apple App Store

If you downloaded the app from Apple’s App Store, the following also applies. These Terms are between you and Squish & Wish only, not Apple; Apple is not responsible for the app or its content. Your licence to the app is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing. Squish & Wish, not Apple, is solely responsible for maintenance and support, for any product warranties (to the extent not disclaimed), and for addressing any claim that the app fails to conform to a legal or regulatory requirement, any product-liability claim, any consumer-protection claim, and any claim that the app infringes a third party’s intellectual property. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. You represent that you are not located in a country subject to a US government embargo or designated a “terrorist supporting” country and are not on any US government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Our contact details are in section 22.

Google Play

If you downloaded the app from Google Play, Google’s Terms of Service and the Google Play Terms of Service also apply. Google is not a party to these Terms and is not responsible for the app.

11Changes to the Service, and what happens if it ends

We may add, change or remove features, voices and characters as the product evolves. If a change materially reduces what your Club membership provides, the Membership Terms give you the right to cancel with a refund of any unused prepaid period.

The voice pod depends on our cloud service to receive messages. If we ever decide to discontinue that service, we will give account holders at least 90 days’ notice by email, refund any unused prepaid Club period, and — where we can do so safely — publish enough information for the pod to continue working in a limited way without our servers. We will not intentionally disable a plush you own except for safety, security or legal reasons, or at your request.

12Suspension and termination

You can stop using the Service and delete your account at any time (how). We may suspend or terminate your account, or block a plush, if you materially breach these Terms, if we are required to by law, if we reasonably believe the account is being used to harm someone, or if we discontinue the Service under section 12. Where reasonable we will tell you why and give you a chance to fix it. On termination your licence ends, we may delete your content in line with the Privacy Policy, and any refund is governed by the Membership Terms and Shipping & Returns policy. Sections 9, 14–19 and 21 survive termination.

13Disclaimers

Except for the express Limited Warranty on the physical plush and voice pod, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that messages will play at a particular time, or that the voices will sound a particular way. Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you.

The plush is a toy, not a safety, monitoring or medical device. Do not rely on it to deliver urgent or time-critical information.

14Limitation of liability

To the fullest extent permitted by law, <TODO legal entity name> and its officers, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising out of or relating to the Service or these Terms, however caused and under any theory of liability, even if we were advised of the possibility.

Our total liability for all claims relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us in the 12 months before the claim arose, or (b) $100.

These limits do not apply to liability that cannot be limited by law — including for death or personal injury caused by our negligence, for fraud, or under the Magnuson-Moss Warranty Act to the extent it applies to the Limited Warranty. Some states do not allow the limitation of incidental or consequential damages, so some of the above may not apply to you.

15Your responsibility for misuse

If a third party brings a claim against us because of a message you sent, your breach of these Terms, or your violation of the law, you agree to cover our reasonable costs and damages from that claim. We will tell you promptly and let you control the defence, provided you do not settle in a way that admits fault on our behalf without our consent. This section does not apply to claims arising from our own breach or negligence.

16Dispute resolution

If you have a problem, please tell us first: email help@squishandwish.com with “Dispute notice” in the subject line, or write to the address in section 22, describing the issue and what you would like us to do. We will try in good faith to resolve it with you within 60 days. Either of us may go to court after that.

Any lawsuit relating to these Terms or the Service must be brought in the state or federal courts located in <TODO state of formation>, and you and we consent to their jurisdiction — except that you may bring an individual claim in small-claims court where you live if it qualifies, and nothing here limits either party’s right to seek an injunction to protect intellectual property. Where the law of your state gives you the right to sue where you live and does not allow that right to be waived, that law applies.

17Governing law

These Terms and any dispute arising out of them are governed by the laws of the State of <TODO state of formation> and the federal laws of the United States, without regard to conflict-of-law rules — except that consumer-protection laws of the state where you live that cannot be waived still apply to you.

18Notice to California residents

Under California Civil Code §1789.3, California residents are entitled to the following notice: the provider of the Service is <TODO legal entity name>, <TODO business street address>, help@squishandwish.com. Prices are stated in section 4 and on the pricing page. Complaints about the Service or requests for further information may be sent to that address. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

19General terms

• Electronic communications. You agree that we may send notices, receipts, renewal reminders and other communications electronically, to the email on your account, and that these satisfy any legal requirement that a communication be in writing. Keep your email current.
• Entire agreement. These Terms (with the documents they incorporate) are the entire agreement between you and us about the Service and replace any earlier agreement.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect and the unenforceable part is replaced by an enforceable one that comes closest to its intent.
• No waiver. Our not enforcing a term is not a waiver of it.
• Assignment. You may not transfer these Terms or your account. We may assign them to a successor of the business; we will notify you.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control (including carrier disruptions, component shortages, internet or provider outages, natural disasters, or government action), except that you still have to pay for what you bought and we still have to refund what we owe you.
• Export. The Service is offered in the United States; you are responsible for compliance with any laws that apply if you use it elsewhere.

20Changes to these Terms

We may update these Terms as the product and the law change. We will post the new version here with a new “Last updated” date. If a change is material, we will email account holders at least 14 days before it takes effect (30 days for changes to the Membership Terms that affect price, or to the dispute-resolution section). If you keep using the Service after the effective date you accept the change; if you do not agree, delete your account before then and, if you have prepaid a Club period, we will refund the unused portion.

21Contact

<TODO legal entity name>
<TODO business street address>

Support: help@squishandwish.com · Privacy: privacy@squishandwish.com

More on the Contact page.