Terms of Use and Sale

1. Agreement to These Terms

These Terms of Use and Sale ("Terms") govern your access to and use of the Waffle website at wafflekids.co and related sites (the "Site"), the Waffle Parent Hub application (the "App"), our Waffle Home and Waffle Go devices and accessories (each a "Device"), and the calling, messaging, location and subscription services we provide (the "Services"). In these Terms, "Products and Services" means the Site, App, Devices and Services, together with all related content.

The Waffle brand and the Products and Services are operated by Just Waffle Pte Ltd (Singapore company UEN 202616631D), which holds the underlying intellectual property. Your purchase contract is with Just Waffle Inc, a Delaware corporation. In these Terms, "Waffle", "we", "us" and "our" mean Just Waffle Inc, Just Waffle Pte Ltd, and their respective affiliates.

By accessing or using any part of the Products and Services, creating an account, placing a pre-order or order, or clicking to accept these Terms, you agree to be bound by these Terms, our Privacy Policy and our Refund Policy, each incorporated by reference. If you do not agree, do not use the Products and Services. If you are accepting on behalf of a child in your care, you additionally agree to the terms in Sections 4, 5 and 6.

2. Definitions

• "Account" means the Waffle Parent Hub account through which a Device and the Services are configured and managed.
• "Child User" means a person under 18 who uses a Device or the Services under the supervision of an Account holder. Devices are designed with primary-school-aged children in mind.
• "Content" means information, text, images, designs, software, firmware and other materials made available through the Products and Services.
• "Product Information" means the descriptions, images, features, specifications, prices and offers we publish about the Products and Services.
• "Third-Party Content" and "Third-Party Services" mean content, software, networks and services provided by parties other than Waffle that are made available through, or that the Products and Services rely on.
• "You" and "your" mean the individual who accesses the Products and Services or, where an adult accepts on behalf of a Child User, that adult.

3. Our Products and Services

Waffle makes screen-free communication devices for children. The Waffle Home is a Wi-Fi calling device designed to sit in the home; the Waffle Go is a portable device with cellular calling and location features. Our Services include the Waffle Parent Hub App, through which an adult sets up and manages a Device; voice calling and voice-note messaging between approved contacts; for the Waffle Go, location and geofencing features; and Free and Paid subscription plans.

The Products and Services are under active development. The features, specifications, plans and availability we describe are indicative and may change before and after release, as described in Sections 7 and 8.

4. Eligibility, Permitted Use and Availability

To purchase a Device or the Services, hold an Account, or accept these Terms, you must be at least 18 years of age (or the age of legal majority where you live) and able to form a legally binding contract.

Supervised use by minors. Users under 18 years of age (or the age of legal majority where the user lives) may use the Products and Services only under the supervision of a parent or legal guardian who has accepted these Terms and who is responsible for that use. The Account holder must be a parent or legal guardian of the Child User, or an adult authorised by them, and is responsible for configuring parental controls, approved contacts and settings and for supervising the Child User's use.

Personal, non-commercial use. The Products and Services are provided for your personal, non-commercial use only. You may not use them for any commercial purpose, or rent, lease, resell (except resale of a genuine, unmodified Device as permitted in Section 11), or otherwise commercially exploit them, except as we expressly permit in writing.

Availability. The Products and Services are intended for use in the United States. Some features, including calling and emergency calling, are country-specific and may be unavailable or impaired if a Device is used elsewhere. If you take a Device abroad, you are responsible for compliance with the laws that apply there.

You represent that you are not located in, resident in, or a national of any country or region subject to comprehensive U.S. sanctions, that you are not on any U.S. Government restricted-party or denied-party list, and that you will not use the Products and Services for any prohibited end-use. We may, to the extent permitted by law, refuse service, restrict access, limit quantities, or decline or cancel any order or Account where we reasonably suspect fraud, breach, or a legal or safety risk.

5. Accounts

To configure a Device you must create an Account in the Waffle Parent Hub. You agree to provide accurate, current and complete information and to keep it up to date, including the service address described in Section 9.

You are responsible for safeguarding your Account credentials and for all activity under your Account, except to the extent caused by our failure to maintain reasonable security, and you must notify us promptly of any unauthorised use. As the Account holder you are responsible for the Child User's use of the Device and Services. We may suspend or terminate your Account or access to any part of the Products and Services, with or without notice, where you materially breach these Terms, where required by law, or where continued provision would create a security, legal or safety risk. Suspension or termination of the Site or App does not by itself disable emergency-calling capability on a Device where that capability is required by law to remain available. Provisions intended to survive termination will survive.

6. Your Information

Our collection, use and disclosure of personal information is governed by our Privacy Policy, which you should read. By using the Products and Services you consent to those practices.

Because Devices are used by children, we rely on you, as the Account holder, to provide any consent required for the collection and use of a Child User's information. We handle children's personal information in accordance with the Children's Online Privacy Protection Act (COPPA), including obtaining verifiable parental consent where required; you represent that you are the parent or legal guardian of the Child User, or are authorised by them, and consent on their behalf.

You consent to receive communications relating to your Account, orders, the Services and safety or emergency matters. Certain safety and emergency notifications (including those described in Section 9) form part of the Service and cannot be disabled. You are responsible for the accuracy of the information you provide, including the registered service address, and acknowledge that inaccurate information may impair emergency calling.

7. Product Information

We publish information about our products and services on the Site and in the App, including descriptions, images, features, specifications, pricing and promotional offers ("Product Information"). Product Information is provided to help you learn about what we offer. We take care to keep it accurate and current, but it may contain errors, omissions or out-of-date details, and we do not guarantee that any Product Information is complete, accurate or reliable.

We may correct errors, update details, and add, change, limit or withdraw products, features, prices, availability and offers at any time without notice. Images and colours are shown for illustration only; how a product looks on your screen depends on your device and display and may differ from the physical item. If a product you ordered was described or priced incorrectly, we may decline or cancel the affected order and refund you, as described in Section 8.

8. Terms of Sale

8.1 Application

This Section applies to your purchase of Devices and Services (including subscriptions) through the Site or App, and to purchases made through an authorised retailer to the extent stated.

8.2 Pre-orders and deposits

A refundable deposit (currently US$20) may be required to secure a pre-order and lock in pre-order pricing. Deposits are fully refundable at any time before the Device ships, in accordance with the Refund Policy. A pre-order does not guarantee availability, final specifications, features or pricing, all of which may change, and estimated ship windows are estimates only.

8.3 Prices, taxes and tax nexus

Prices are shown in U.S. dollars and exclude taxes and shipping and handling, which are added at checkout where applicable. We add sales or use tax only in jurisdictions where we are required to collect it. We do not collect sales or use tax in jurisdictions where we do not have a tax nexus; in that case, you may be responsible for reporting and paying any applicable use tax directly to your state or local taxing authority. All prices may change at any time before we accept your order.

8.4 Orders, acceptance and our right to delay, refuse or cancel

Your order is an offer to purchase. A binding contract is formed only when we accept your order, which we may do by dispatching the Device or sending a confirmation. We may hold, delay, refuse or cancel any order, in whole or in part - including to complete manufacturing, testing, certification, safety and quality-control checks, to manage supply, or where we suspect fraud, error or a breach of these Terms. Because we are making a product for children, we prioritise quality and safety over speed; where a delay is necessary we will work to resolve it as efficiently as we reasonably can and to keep you informed. Where an obvious pricing or description error occurs, we are not obliged to supply on the incorrect terms and will notify you and refund any amount paid. Estimated dispatch and delivery dates are estimates only and are not guaranteed.

8.5 Payment

You authorise us and our third-party payment processors to charge your selected payment method for amounts due, including deposits, order balances and recurring subscription fees. You represent that you are authorised to use the payment method. We do not store full payment-card details; payments are processed by third parties subject to their terms.

8.6 Subscriptions, free trial and automatic renewal

Certain Services are offered on Free and Paid plans. Paid plans may be offered on a monthly or an annual (yearly) basis, depending on the plan you choose. Monthly plans are billed each month and renew monthly; annual plans are billed once in advance for the year and renew for successive annual periods.

Where you start a free trial (for example, a 10-day trial of a Paid plan), your subscription will automatically convert to a paid, recurring subscription at the end of the trial unless you cancel before it ends. Paid subscriptions are billed in advance and automatically renew for successive billing periods (monthly or annual, as applicable) until cancelled. You may cancel at any time through the App or by contacting us; cancellation takes effect at the end of the current billing period, and, except where required by law, fees already paid are non-refundable and access continues until the end of the paid period.

We may change the prices of our services and subscription plans at any time. For existing subscribers, a price change takes effect from the next billing period (monthly or annual, as applicable) after we give you notice. Where required by law (including U.S. automatic-renewal and "click-to-cancel" rules), we will provide clear pre-purchase disclosure of the auto-renewing terms, obtain your affirmative consent, provide any required renewal reminders, and offer an easy online cancellation method.

8.7 Shipping, delivery details, risk and title

You are responsible for providing accurate and complete delivery and contact details. We are not responsible for delayed, failed or misdirected delivery caused by incorrect or incomplete details you provide, and additional charges may apply to re-ship an order returned to us for that reason. Risk of loss passes to you on delivery to the carrier; title passes once we receive payment in full. Delivery time frames are estimates and are not guaranteed.

8.8 Purchases through authorised retailers

You may buy Devices from authorised retailers as well as from us directly. If you buy from a retailer, your purchase (including returns and change-of-mind refunds) is governed by that retailer's terms, and you should direct return requests to them. These Terms still govern your use of the Device, App and Services however the Device was purchased.

8.9 Cancellations, returns and refunds

Cancellations, returns and refunds are governed by our Refund Policy. Your rights under applicable law are in addition to that policy.

8.10 Limited hardware warranty

We voluntarily warrant that each new Device will be free from defects in materials and workmanship under normal use for 12 months from the date of delivery (the "Warranty Period"). If a Device proves defective during the Warranty Period, we will, at our option and as your remedy under this voluntary warranty, repair the Device, replace it, or refund the price paid. This warranty does not cover damage caused by accident, misuse, liquid, unauthorised modification or repair, normal wear, or use contrary to these Terms, and does not cover consumable parts or a Device whose serial number or markings have been altered or removed. To make a claim, contact us at hello@wafflekids.co with proof of purchase. This voluntary warranty is in addition to any rights you may have under applicable federal or state law.

9. Emergency Calling

This is an important section. Please read it carefully. Waffle is a supplementary communication device and is not a replacement for a traditional telephone line, a mobile phone, or a monitored medical, security or personal-alert service. You should always keep an alternative means of contacting emergency services available.

9.1 The Services depend on internet, data and power

The Services are provided over the public internet and third-party data networks. The Waffle Home makes calls over your Wi-Fi and internet connection; the Waffle Go makes calls over a third-party cellular-data network. All calling, including emergency calling, depends on an adequate internet or cellular-data connection, sufficient device and network power, and third-party networks, carriers and service providers, none of which we own or control. We provide the Services on a commercially reasonable basis and do not guarantee that the Services, or emergency calling, will be available, uninterrupted or fault-free. Emergency calling from a Device works differently from, and is not equivalent to, emergency calling on a traditional landline or a standard mobile phone.

9.2 How emergency calling works

Waffle Home and Waffle Go can call 911. Under U.S. federal law (FCC interconnected VoIP rules), 911 calling is enabled by default, cannot be turned off, and bypasses parent-set restrictions. You must register the Device's physical service address during setup and keep it current in the App, because 911 calls are routed to the Public Safety Answering Point (PSAP) serving that registered address.

Waffle Go - activating an emergency call:

• Your child presses and holds the call button and power button together for 5 seconds - when SOS appears on the caller ID screen, they press the call button to dial 911 and speak directly with the emergency operator.
• Connects over Wi-Fi or mobile data, so it works away from home.
• Transmits GPS location where available, but as the device is portable your child may still need to tell the operator where they are, and a call may not connect to the call center serving the current location.

Waffle Home - activating an emergency call:

• Your child dials 911 on the handset keypad and speaks directly with the emergency operator.
• Connects over Wi-Fi only - it has no cellular fallback, so it cannot call 911 if your Wi-Fi, internet, or power is down.
• Routes to the Public Safety Answering Point (PSAP) serving your registered service address.

9.3 Your registered service address

For each Device, you must provide and keep current an accurate physical address where the Device is normally used (its "Registered Address"), and you must promptly update it in the App whenever a Device is moved. Emergency calls, and the location information made available to responders, are based on the Registered Address. If it is missing, inaccurate or out of date, emergency responders may be dispatched to the wrong place or a call may not reach the correct emergency centre. After you update a Registered Address, there may be a short delay before the change takes effect for emergency-call routing. You are responsible for keeping the Registered Address correct for every user of a Device.

9.4 Our reliance on third parties

We do not operate the emergency-call network ourselves. Emergency calls from a Device are carried over our third-party network and communications service providers and are routed and answered by parties we do not control. 911 calls are carried by our service providers and routed to the PSAP serving your Registered Address; where your location cannot be validated, a call may instead be directed to a national emergency relay centre rather than your local PSAP. Because these functions depend on your internet or data connection, power, and third parties - all outside our control - we cannot guarantee that an emergency call will connect, transmit an accurate location, or reach the emergency centre serving your current location.

9.5 Limitations and outages

Emergency calling may be unavailable, delayed, interrupted or misrouted, and in particular may not work: if your internet, data or power fails or is inadequate; if a network is congested, unavailable or undergoing maintenance; if the Registered Address is missing, inaccurate or out of date; if a Device is used away from its Registered Address; or if your Account is suspended or terminated. Internet- and data-based emergency calls may not transmit the caller's location or reach the emergency centre serving the caller's current location. The Waffle Home has no cellular fallback and cannot call emergency services if your Wi-Fi or internet is down. You are responsible for maintaining a means of backup power and a separate, working means of contacting emergency services (such as a mobile phone or landline) for use whenever the Services are unavailable. When an emergency call connects, the App notifies the Account holder in parallel so that the notification never delays the call.

9.6 No liability for emergency services; acknowledgement and indemnity

You acknowledge the limitations above and agree to inform any Child User and any other person who may use a Device about them. To the fullest extent permitted by law:

10. Acceptable Use

You agree not to, and not to permit any Child User or other person to, use any part of the Products and Services to:

• breach any law, infringe any third-party right, or engage in fraudulent, harassing, abusive, threatening, defamatory or otherwise objectionable conduct;
• provide false or misleading information, including when placing an order or registering a service address;
• make hoax, false or malicious emergency calls, or otherwise misuse emergency-calling functionality;
• monitor or record calls or communications without obtaining all consents required by law;
• interfere with, disrupt, probe, scan or compromise the security, integrity or performance of the Products and Services, or attempt to gain unauthorised access to any system or data;
• circumvent, disable or defeat any parental control, access restriction, authentication or security feature;
• use automated means (including bots, scrapers or crawlers) to access, monitor or copy the Site or App;
• reverse engineer, decompile, disassemble, clone, or create competing or derivative products (see Section 11);
• resell, sublicense or commercially exploit the Products and Services except as expressly authorised; or
• introduce malware, or impersonate any person or entity.

We may investigate suspected breaches and may suspend or terminate access, remove content, and report conduct to authorities, as permitted by law.

11. Intellectual Property, Ownership and Copyright

When you buy a Waffle device, you own that device - but not the technology, designs, brand or software behind it. All intellectual property rights in and to the Products and Services - including the Site, App, Devices, hardware, firmware, software, product designs, text, graphics, images, user interfaces, trademarks, trade dress and related know-how - are owned by or licensed to Just Waffle Pte Ltd and are protected by U.S. and international law. Purchasing a Device transfers ownership of that physical unit only and grants you no right in the underlying technology, designs, trademarks or brand. All rights not expressly granted are reserved.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access the Site and to download and use the App solely for your own personal, non-commercial use to set up and operate your Device. You must not, and must not permit others to: copy or manufacture clones or imitations of any Device; reverse engineer, decompile or disassemble any Device, firmware or software except to the limited extent this restriction is prohibited by law; build or sell competing or derivative products; remove or alter any proprietary marking; use the Waffle name, logos or branding without our prior written permission; or resell a Device as anything other than a genuine, unmodified unit.

Trademarks. "Waffle", the Waffle logos and related marks are trademarks of Just Waffle Pte Ltd. Nothing in these Terms grants you any right to use them.

Feedback. If you send us feedback, ideas, suggestions or proposals about the Products and Services, we may use them for any purpose, at our sole discretion, without any obligation, payment, attribution or confidentiality. You gain no ownership or other right in the Products and Services by providing feedback, and to the extent any right in feedback would otherwise vest in you, you assign it to Just Waffle Pte Ltd.

Your content. If you submit reviews, testimonials, photos or other material to us or through the Site, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, display and adapt it in connection with the Products and Services and our marketing, you represent that you have the rights to grant that licence and that it infringes no third-party right, and we may remove it at our discretion.

Copyright complaints. Under the Digital Millennium Copyright Act (DMCA), notices of claimed infringement may be sent to our designated agent at hello@wafflekids.co, and we maintain a policy of terminating repeat infringers in appropriate circumstances. Notices must contain the information required by the DMCA.

12. Third-Party Services and Open-Source Software

The Products and Services rely on, integrate with, and incorporate Third-Party Content and Third-Party Services, including mobile carriers and networks, cloud hosting, payment processors, app stores, and mapping and location providers. They also include open-source software components, which are licensed to you under their own licence terms; those terms apply to the relevant components and, to the extent of any conflict, govern your use of them.

We do not control, and are not responsible for, Third-Party Content or Third-Party Services, and we do not endorse them. Your use of them is at your own risk and may be subject to the third party's own terms and privacy policy, which you should review. To the fullest extent permitted by law, and subject to Section 15, we are not liable for any act, omission, content, product or service of any third party, including the availability or performance of any network on which the Services depend.

13. Additional Terms Applicable to Mobile Applications (iOS and Android)

Your use of the App is also subject to the rules of the app store from which you obtained it. The licence in Section 11 is limited to use on a device you own or control and as permitted by the applicable app-store terms.

Apple (iOS). You and we acknowledge that these Terms are between you and Waffle only, and not with Apple Inc. ("Apple"), and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to a warranty are our responsibility to the extent they cannot be disclaimed. Apple is not responsible for addressing any claim relating to the App, including product-liability, regulatory or intellectual-property claims. You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and are not on any U.S. Government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google (Android). Your use of the App obtained through Google Play 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.

You are responsible for any mobile data or carrier charges arising from your use of the App. The App requires a compatible device and operating-system version and may require updates.

14. Disclaimers

This Section limits the warranties you receive. Read it together with the limited hardware warranty in Section 8.10 and with Section 15.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above may not apply to you; in that case such warranties are limited to the maximum extent and shortest duration permitted by law.

15. Limitation of Liability

To the fullest extent permitted by law, and subject to the carve-out below:

• we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or anticipated savings, however caused, even if advised of the possibility of such damages; and
• our total aggregate liability arising out of or relating to these Terms or the Products and Services will not exceed the greater of (a) the total amount you paid us for the Device and Services giving rise to the claim in the 12 months before the event giving rise to liability, and (b) US$100.

These limitations form an essential basis of the bargain, apply to all claims (whether in contract, tort including negligence, statute or otherwise), and operate for the benefit of Waffle, its affiliates, and their respective licensors, suppliers and service providers. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

16. Release

To the fullest extent permitted by law, you release and discharge Waffle and its affiliates from responsibility, liability, claims, demands and damages (actual and consequential) of every kind, known and unknown (including claims of negligence), arising out of or relating to disputes between users and the acts or omissions of third parties, including other users, approved contacts, and providers of third-party networks or services.

California residents. You expressly waive California Civil Code section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any comparable protection under the law of any other jurisdiction.

17. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Waffle and its officers, directors, employees and agents from and against any third-party claims, and reasonable resulting losses, liabilities, damages, costs and expenses (including reasonable legal fees), to the extent arising out of or connected with: (a) your breach of these Terms; (b) your or a Child User's use or misuse of a Device or the Services; (c) content you submit; (d) your violation of any law or any third-party right; or (e) your provision of inaccurate Account or service-address information. We will notify you of the claim, allow you to control the defence with counsel of your choice (any settlement affecting our rights requires our consent), and reasonably cooperate at your expense. This Section is in addition to the emergency-calling indemnity in Section 9.

18. Dispute Resolution; Binding Arbitration

Please read this Section carefully - it affects how disputes are resolved and limits your rights.

18.1 Informal resolution first

Before starting an arbitration, you agree to first contact us at hello@wafflekids.co with a brief written description of the dispute and your contact information, and to give us 60 days to resolve it informally.

18.2 Agreement to arbitrate

If the dispute is not resolved, you and Waffle agree that any dispute, claim or controversy arising out of or relating to these Terms or the Products and Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as provided below. The Federal Arbitration Act governs this Section. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court decides questions about the class-action waiver.

18.3 Class action and jury waiver

You and Waffle agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. You and Waffle waive any right to a jury trial. The arbitrator may not consolidate more than one person's claims or preside over any representative or class proceeding.

18.4 30-day right to opt out

You may opt out of this arbitration agreement by sending written notice to hello@wafflekids.co within 30 days after first accepting these Terms, including your name, the email associated with your Account, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 19 (courts) governs your disputes; opting out does not affect any other part of these Terms.

18.5 Small claims and exceptions

Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual-property or confidential information.

18.6 Severability of this Section

If the class-action waiver in Section 18.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court while the remaining claims proceed in arbitration. If Section 18.2 is otherwise found unenforceable, the remainder of this Section will be given the maximum effect permitted by law.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Subject to Section 18, the state and federal courts located in Delaware have exclusive jurisdiction over any dispute not subject to arbitration, and you and we waive any objection to venue in those courts.

20. Export Control and Sanctions

The Products and Services, including the Devices' cellular and wireless technology and the App and its underlying software, may be subject to U.S. export-control and economic-sanctions laws, including the Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC). You are responsible for complying with all export-control and sanctions laws that apply to you and to any use or cross-border movement of a Device. You will not export, re-export, transfer or use the Products and Services in violation of those laws, and you represent that you are not located in, and will not transfer them to, any embargoed or sanctioned country or region, that you are not on any restricted-party or denied-party list, and that you will not use them for any prohibited end-use.

21. Severability

If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be severed or read down to the minimum extent necessary, and the remaining provisions will continue in full force and effect. The severability of Section 18 is governed by Section 18.6.

22. Miscellaneous

• Entire agreement. These Terms, with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Products and Services and supersede all prior understandings.
• Assignment. We may assign or transfer these Terms, including to an affiliate or in connection with a merger, acquisition or sale of assets. You may not assign these Terms without our prior written consent.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
• Third-party beneficiaries. Except for Apple as stated in Section 13, there are no third-party beneficiaries of these Terms.
• Notices. We may provide notices by email or by posting on the Site. You may contact us as set out in Section 24.
• Survival. Provisions that by their nature should survive termination (including Sections 11 and 14-20) survive.
• Electronic communications. You consent to transact and receive records from us electronically.
• Relationship; language. Nothing here creates any agency, partnership or joint venture. These Terms are drafted in English, which governs.

23. Changes to These Terms

We may update these Terms from time to time. If we make changes, we will post the revised Terms on the Site with an updated "Last updated" date, and, where changes are material, take reasonable steps to notify you. Changes take effect when posted, except that, for subscriptions, changes to fees or material terms apply from your next billing period, and where the law requires advance notice or consent we will comply. Your continued use of the Products and Services after changes take effect constitutes acceptance; if you do not agree, stop using the Products and Services and cancel in accordance with Section 8.

24. Contact Us

If you have questions about these Terms, contact us at hello@wafflekids.co, or by post:

• Just Waffle Inc (seller) - 2810 N Church St, STE 89975, Wilmington, DE 19802, USA.
• Just Waffle Pte Ltd (brand operator and IP holder) - UEN 202616631D, 68 Circular Road #02-01, Singapore 049422.
• DMCA / copyright agent - hello@wafflekids.co.