Terms
Poppy Devices Inc. is founded, incorporated and registered in Canada with the following information:
301-165 King St West
Kitchener, ON, N2G1A7
Canada
Phone: 1-888-376-7798
Email: hello@talkpoppy.com
Purchase Terms
Last Updated: February 10, 2026
The terms outlined here set out the legal contract that applies when you purchase and are charged for Poppy Device Inc products.
Within 30 days of delivery of the product: If a product you have ordered from Poppy Devices Inc. is not to your satisfaction, you have a right to return it for refund. You must inform us, via phone or email, about any issues within thirty (30) days from the date of delivery of the product to you. We will supply a prepaid return label. Once the product has been returned, in its original condition and packaging, you will be refunded the price of the Product.
Hardware purchased from Poppy Devices Inc includes a limited warranty for 1 year from the date of delivery. The limited warranty includes repair, replacement or refund at our discretion for faulty or defective products so long as the products have been used in the manner intended. It does not cover accidental damage, misuse, or normal wear. Warranty claims must be made with proof of original purchase.
Where you provide us with data, we will only hold data you provide to us for the purposes it was given to us in the first place, for example, this may be your name and address for the purpose of fulfilling and delivering your purchase.
Changes to these Terms: We may make changes to these Purchase Terms. We will do this by uploading the latest version with a date confirming when they went live. The new Purchase Terms will not affect any orders placed prior to the time of publishing updated Terms, but will apply to future orders placed after the time of such new Terms.
Terms of Service
Last Updated: February 10, 2026
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY POPPY DEVICES INC. BY USING THE SERVICES OFFERED YOU, AND ANY MINORS UNDER YOUR LEGAL CARE FOR WHOM YOU CONSENT, AGREE TO BE BOUND BY THESE TERMS TO THE EXCLUSION OF ALL OTHER TERMS.
Poppy Devices Inc (“Provider”) sells a hardware device and related accessories (together referred to as “Hardware”) and associated software as a service (“Services”).
The Services provided to users, for domestic, non-commercial and private use, include but are not limited to:
- Conversational use with intelligent responses
- Exchanging messages and calls to other users of Provider’s products
- Exchanging messages and calls to cellphone users
- Managing and configuring settings and features
- Receiving information about Services, Services usage, and Hardware
The Services provided to users DO NOT include any of the following:
- Emergency telecommunication services (e.g. emergency calls, 911 or similar)
- Ads or targeting marketing to children
The Services are intended for children ages 4-16 (“User”). Use of the Services is initiated via device activation. Device activation must be completed by a parent or legal guardian (“Guardian”) of the intended minor user. In doing so and by continued use of the Services, the Guardian:
- Verifies their identity using a SMS confirmation code
- Confirms to be the legal guardian of the User and provide consent on their behalf to use the Hardware and Services
- Agrees to the collection and use of user data as outlined in our Privacy Policy
- Agrees that to the maximum extent permitted by law, the Provider shall not be liable for any indirect, incidental, special, or consequential damages arising from use of the Hardware and Services. To the extent permitted by law, our total liability to you for all damages shall not exceed the amount you paid for the higher of the Hardware or the cost of Services over the prior 12 months related to your claim for damages.
- Agrees that to the maximum extent permitted by law, they indemnify and hold harmless the Provider, its employees, affiliates, and partners from any claims, damages, or losses resulting from use of the Hardware and Services.
- Agrees that the Services are provided ‘as is’ and ‘as available’ without warranties of any kind, to the extent permitted by law
Jurisdiction
Guardian acknowledges and agrees that they may only purchase and use our Hardware and Services in jurisdictions authorized by Provider. Use of Hardware or Services is currently authorized only in the United States and Canada (excluding the province of Quebec). Guardian acknowledges Services may not function outside the authorized jurisdictions.
Third Party Services
Guardian acknowledges and agrees that the Service may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”), including without limitation through integrations or connectors to such Third Party Services that are provided by Provider. For example, the Services are dependent on Twilio Inc for messaging cellphones. Provider is not responsible for the operation of any Third Party Services nor the availability or operation of the Service to the extent such availability and operation is dependent upon Third Party Services. Guardian is solely responsible for compliance with the following terms or conditions of Third Party Services:
The agreements we have with all Third Party Services used by Provider warrant that any Customer Data is used only for the purposes of delivering the Services and related legitimate commercial purposes. Within the usage and terms of Third Party Services, there is no intent of commercial benefit derived from Customer Data.
Customer Data
For purposes of this Agreement, “Customer Data” shall mean any data, information or other material provided, uploaded, or submitted by User or Guardian to the Service in the course of using the Service. Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein. Guardian, not Provider, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Provider shall use commercially reasonable efforts to maintain the security and integrity of the Service and the Customer Data. Provider is not responsible for unauthorized access to Customer Data or the unauthorized use of the Service unless such access is due to Provider’s gross negligence or willful misconduct. Guardian is responsible for the use of the Service by any person to whom Guardian has given access to the Service, even if Guardian did not authorize such use. Guardian agrees and acknowledges that Customer Data may be irretrievably deleted after: (a) the Customer Data is no longer required for on-going delivery of Services (b) this Agreement is terminated or account is delinquent (c) ninety (90) days after its creation . Notwithstanding anything to the contrary, Guardian acknowledges and agrees that Provider may (i) internally use and modify (but not disclose) Customer Data for the purposes of (A) providing the Service (B) generating Aggregated Anonymous Data (as defined below), and (ii) freely use and make available Aggregated Anonymous Data for Provider’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Poppy Device Inc’s products and services). “Aggregated Anonymous Data” means data submitted to, collected by, or generated by Provider in connection with use of the Service, but only in aggregate, anonymized form which is intended to not be able to be linked specifically to a User or Guardian. Provider does not sell Customer Data, nor does it engage with any Third Party Services who sell Customer Data shared by Provider. Guardian can trigger the deletion of their Customer Data through their account management webpage after which Customer Data will be irretrievably deleted as soon as reasonably achievable but not to exceed 30 days.
Usage Limits and Fair Use
By default and for no ongoing cost, up to a maximum of 2 years from purchase, Services are provided with the following fair use limits:
- Minutes of conversational audio (input and output) with intelligent responses: Limit of 30 minutes per month
- Messaging users of Provider Services: 500 per month
- Messaging users of cellphone services: 0 per month
- Minutes of live audio (phone calls): 0 per per month
We reserve the right to modify or adjust these limits at our discretion.
Updates
Provider may publish firmware or software updates (“Updates”) for up to 2 years from purchase, such Updates will be installed automatically. Guardian acknowledges and agrees that delivery of Services requires Updates are executed and if they are not the Services may not be delivered.
We may update these Terms of Service from time to time. Changes will be effective upon posting. These Terms will be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.
Subscription Terms
Last Updated: February 10, 2026
A subscription (“Subscription”) increases fair use Service limits for one User. A limited-time Subscription may be included with Hardware purchase and/or a Guardian can opt to purchase a Subscription. The cost of such a subscription is published on our website. With an active and valid Subscription, the Services are provided to with following fair use limits:
- Minutes of conversational audio (input and output) with intelligent responses: Limit of 1000 minutes per month
- Messaging users of Provider Services: Limit of 1000 per month
- Messaging users of cellphone services: 250 per month
- Minutes of live audio (phone calls): 250 per per month
Use beyond these limits may result in service termination, interruptions or additional fees (with Guardian consent) to enable continued use of the Services.
Should we increase the ongoing cost of an already established Subscription, we will notify you 90 days in advance.
Subscriptions are sold on an on-going basis with automatic renewal at the end of their term. You may end your subscription at any time via the Provider’s management interface or by emailing support@talkpoppy.com; there are no monetary penalties or fees for ending your subscription. If a Subscription is ended, the Services revert back to the non-subscription “Usage Limits and Fair Use”, should the Services fall within the support timeframe. Subscriptions are not eligible for refund subject to any grace periods as defined by governing laws.
We may update these Subscription Terms from time to time. Changes will be effective upon posting. These Subscription Terms will be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.
Terms of Messaging Proxy Service
Last Updated: February 10, 2026
Poppy Devices Inc (“Provider”) operates telephony proxy services whose intent is to allow a user of Provider hardware and a cellphone user (“Mobile Phone User”) to communicate via SMS/MMS messages and voice calls (“Proxy Telephony Services”).
The Services provided to Mobile Phone Users, includes:
- Exchanging messages and calls with users of Provider’s products
- Managing and configuring Proxy Messaging Services
Phone number information of Mobile Phone Users opting in to the Proxy Telephony Services will never be shared or sold to third parties or lead generators.
Proxy Telephony Services are provided for casual, domestic, non-critical usage. Provider provides no guarantees and accepts no liability in connection with use of Proxy Telephony Services.
Mobile Phone Users may opt out at any time by replying “OFF” or “STOP” to the phone number from which they receive Proxy Telephony Services.
Provider is not responsible for any carrier fees that may be incurred by a Mobile Phone User’s usage of Proxy Telephony Services.
“Mobile Phone User Data” shall mean any data, information or other material provided, uploaded, or submitted by Mobile Phone User to Provider in the course of using Proxy Telephony Services. Mobile Phone User shall retain all right, title and interest in and to the Mobile Phone User Data, including all intellectual property rights therein. Mobile Phone User, not Provider, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Mobile Phone User Data. Provider shall use commercially reasonable efforts to maintain the security and integrity of the Proxy Messaging Services and the Mobile Phone User Data. Provider is not responsible for unauthorized access to Mobile Phone User Data or the unauthorized use of the Service unless such access is due to Provider’s gross negligence or willful misconduct. Mobile Phone User agrees and acknowledges that Mobile Phone User Data may be irretrievably deleted after: (a) the data is no longer required for on-going delivery of Proxy Telephony Services (b) ninety (90) days. Notwithstanding anything to the contrary, Mobile Phone User acknowledges and agrees that Provider may (i) internally use and modify (but not disclose) Mobile Phone User Data for the purposes of (A) providing the Service (B) generating Aggregated Anonymous Data (as defined below), and (ii) freely use and make available Aggregated Anonymous Data for Provider’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Poppy Device Inc’s products and services). “Aggregated Anonymous Data” means data submitted to, collected by, or generated by Provider in connection with use of the Service, but only in aggregate, anonymized form which is intended to not be able to be linked specifically to a Mobile Phone User. For clarity, Provider does not sell Mobile Phone User Data, nor does it engage with any Third Party Services who sell Mobile Phone User Data shared by Provider for the purposes of delivering the Proxy Telephony Services.
Third Party Services
Mobile Phone User acknowledges and agrees that the Proxy Telephony Services may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”), including without limitation through integrations or connectors to such Third Party Services that are provided by Provider. For example, the Proxy Telephony Services are dependent on Twilio Inc for messaging cellphones. Provider is not responsible for the operation of any Third Party Services nor the availability or operation of the Proxy Telephony Services to the extent such availability and operation is dependent upon Third Party Services. Mobile Phone User is solely responsible for compliance with the following terms or conditions of Third Party Services:
All Third Party Services used by Provider warrant that any Mobile Phone User Data is used only for the purposes of delivering the Services and related legitimate commercial purposes.
We may update these Terms of Messaging Proxy Service from time to time. Changes will be effective upon posting. These Terms of Messaging Proxy Service will be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.