Terms Of Service

Updated as of August 15th, 2025

Welcome to Pinwheel! We are Firepit, Inc., doing business as Pinwheel (“Company,” “we,” “us,” “our”), a company registered in Texas, United States, with a mailing address at 1401 Lavaca St PMB 40573, Austin, TX 78701.

We operate:

  • The website www.pinwheel.com (the “Site”)
  • The Pinwheel Caregiver mobile application (the “App”)
  • Any other related products and services that link to these Terms (collectively, the “Services”)

     

    By visiting our Site, using our App, or purchasing a product or subscription, you agree to these Terms of Service (“Terms”). If you do not agree, you must not use our Services.

We recommend you print or save a copy of these Terms for your records.

2. Our Services

Our Services combine physical smartphones preloaded with Pinwheel’s proprietary operating environment and software, plus subscription-based access to the Caregiver Portal for managing the device.

      • We curate but do not develop third-party apps. We are not liable for the content or performance of any app we did not build. Parents/caregivers remain the final gatekeepers.

      • The Services are designed for personal, family use only.

The Services may not be used in any jurisdiction where such use is unlawful or would require us to register or comply with special local regulations.

3. Account Registration

You may be required to create an account to use certain features. You agree to:

      • Provide accurate, complete, and current information.

      • Keep your password confidential.

      • Be responsible for all activity on your account.

We reserve the right to reclaim or change a username if we determine it is inappropriate.

4. Intellectual Property Rights

All content, software, designs, text, graphics, trademarks, service marks, and logos provided through our Services are owned or licensed by us and are protected by copyright and trademark laws.

      • You are granted a limited, non-transferable, revocable license to use the Services for your personal, non-commercial use.

You may not reverse engineer, copy, reproduce, or distribute our software or any part of the Services without our prior written permission.

5. Mobile Application License

You may install and use the App on devices you own or control, solely to access our Services. You may not:

      • Modify, adapt, or create derivative works of the App.

      • Use it for any revenue-generating purpose not authorized by us.

      • Attempt to derive the source code or bypass security features.

 

6. Subscription and Payment Terms

6.1 General
 We offer multiple subscription-based services:

        • Pinwheel Smartphone Software Subscription – Access to the Pinwheel operating environment and Caregiver Portal for smartphones.
        • Pinwheel Watch Bundle Subscription – Access to the Pinwheel operating environment and Caregiver Portal for smartwatches. plus cellular connectivity.
        • Pinwheel Cellular Subscription – Standalone cellular service for supported Pinwheel devices.
        • PinwheelGPT Subscription – Access to our child-safe AI service with curated, safe interaction guidelines.
        • Unless otherwise stated, all subscriptions are billed monthly, quarterly, or annually and renew automatically unless cancelled in accordance with Section 6.6.

Important Device Restriction: The Pinwheel Cellular Subscription is designed exclusively for use with Pinwheel devices (currently Pinwheel Phones and Pinwheel Watches). It may not be used with non-Pinwheel devices.

6.2 Auto-Renewal and Billing

              • Monthly Plans: Renew every month on your renewal date.

              • Quarterly Plans:  Renew every three months on your renewal date.

              • Annual Plans: Renew every year on your renewal date.

              • Charges must be paid on the renewal date to avoid suspension, this applies to all subscription types listed in section 6.1.

6.3 Failed Payments

If payment fails:

          • You must update payment details within 15 calendar days.

          • We may suspend access and, after 15 days, cancel the subscription and delete related data.

          • We will attempt at least two written notices before discontinuing.

            6.4 Switching Plans

          • You have 10 days after subscribing to request a correction if you intended a different plan type.

          • Moving from Monthly to Quarterly or Annual is allowed at any time (at current rates).

          • Annual to Quarterly or Monthly changes, or Quarterly to Monthly changes are made on a case-by-case basis.

          • You may cancel a Pinwheel Cellular Subscription at any time with or without cancelling the accompanying Pinwheel Software Subscription. The cancellation will become effective at the end of the current billing period.

            6.5 Cancellation Policy

          • You may cancel at any time via the Caregiver Portal.

          • You may confirm your cancellation went through with our Support team prior to your next billing date.

          • No refunds are issued for unused time on a Pinwheel Software Subscription and/or a Pinwheel Cellular Subscription, except during the initial 30-day return period. You retain access until the end of the paid period.

          • To revert your device to standard Android, contact Support for instructions.

            Charge Disputes: If you file a charge dispute or chargeback for a subscription without having properly cancelled in accordance with these Terms, we reserve the right to:

          • Deny the dispute based on our records of your active subscription;

          • Suspend or terminate your account and any associated services until the matter is resolved; and

          • Recover any costs, fees, or losses we incur as a result of the dispute.

 

6.6 Product-Specific Terms
 Some subscriptions may have additional terms due to their nature:

            • Cellular Services: Our cellular subscriptions are provided through our third-party network partner, Gigs. By using Pinwheel Cellular Service, you agree to:

            • Coverage & Performance: Cellular service is subject to network coverage, capacity, and availability. Speeds may vary and are not guaranteed.

            • Permitted Use: You may only use the service for lawful, personal purposes. Activities that violate laws, interfere with the network, or harm other users may result in suspension or termination.

            • Device Compatibility: Service is available only on supported Pinwheel devices.

            • Service Limitations: Emergency calls may be affected by network conditions or outages.

            • Billing & Charges: Cellular service fees are billed according to your subscription plan. Certain usage outside your plan (such as roaming or premium services) may incur additional charges.

            • Suspension & Termination: We and/or Gigs may suspend or terminate service for non-payment, misuse, or violation of terms.

            • Additional Terms Apply: Your use of cellular services is also subject to Gigs’ End User Service Agreement. You can read it in full here: https://gigs.com/legal/end-user-service-agreement.

            • PinwheelGPT: Intended solely for child-safe AI interaction. Misuse (e.g., attempts to bypass safety filters) may result in suspension or termination without refund.

 

7. Returns and Refunds

All physical product returns are subject to our Return Policy. Subscription fees are non-refundable unless otherwise required by law.

8. Prohibited Activities

You may not:

  • Use the Services for unlawful purposes.

  • Interfere with or disrupt our systems.

  • Upload malicious code or attempt unauthorized access.

  • Harass, defame, or threaten others.

  • Use our Services to compete with us or infringe our intellectual property, copyrights or trademarks.

9. Third-Party Tools and Links

We may provide access to third-party tools or apps we do not control. These are provided “as is” and “as available.” We are not liable for any harm resulting from using them.

10. User Content and Feedback

If you submit suggestions, ideas, or feedback, we may use them without restriction or compensation.

If you post or upload content, you grant us a worldwide, royalty-free license to use, copy, and display it as needed to operate the Services.

11. Privacy

Your personal information is handled according to our Privacy Policy.

12. Disclaimers

The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

13. Limitation of Liability

To the maximum extent allowed by law, we are not liable for indirect, incidental, or consequential damages. Our total liability will not exceed the amount you paid us in the 1 month prior to the event giving rise to the claim.

14. Indemnification

You agree to defend and hold us harmless from claims arising out of:

  • Your breach of these Terms.

  • Your misuse of the Services.

  • Your violation of others’ rights.

15. Termination

We may suspend or terminate your account for any violation of these Terms. You may stop using the Services at any time.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of Texas.
Any disputes will first be attempted to be resolved informally. If not resolved, they will be handled through binding arbitration in Texas under the rules of the American Arbitration Association, except where prohibited by law.

17. Changes to These Terms

We may update these Terms from time to time. Continued use of our Services after changes means you accept the revised Terms.

18. Contact Us

United States

Firepit, Inc. (d/b/a Pinwheel)
 1401 Lavaca St PMB 40573
Austin, TX 78701
Email: support@pinwheel.com
 Phone: (888) 903-7977

United Kingdom

Firepit, Inc. (dba Pinwheel)

Email: support@pinwheel.com 

 

19. Region-Specific Terms – United Kingdom

The following provisions apply if you are a customer located in the United Kingdom. These terms are in addition to the rest of this Agreement. If there is any conflict between these UK-specific terms and the rest of this Agreement, these UK-specific terms will take precedence for UK customers.

19.1 Statutory Consumer Rights
 Nothing in these Terms affects your legal rights under UK law, including your rights under the Consumer Rights Act 2015. You are entitled to goods and services that are as described, of satisfactory quality, and fit for purpose.

19.2 Cooling-Off Period for Online Purchases
If you are a consumer, you have the right to cancel most online purchases within 14 days without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

  • For physical products, this period ends 14 days after you receive the goods.

  • For digital services or subscriptions, this period ends 14 days after the contract is formed. If you wish to cancel, you must do so through the Caregiver Portal within this 14-day period.

  • If you request that a service or subscription start during the cooling-off period, you acknowledge that you may lose the right to cancel once full performance has begun.

    19.3 Returns and Refunds – UK

  • Physical Products: You may be entitled to a refund or replacement if the goods are faulty, not as described, or fail to last a reasonable time.

  • Subscription Services: You may be entitled to a refund if the service is not provided with reasonable skill and care or does not match its description.

To exercise your right to cancel or return, please contact us within the applicable statutory timeframes by emailing support@pinwheel.com.

19.4 Pricing and Taxes
 All prices displayed for UK customers include VAT, where applicable. 

19.5 Governing Law and Jurisdiction
 If you are a UK consumer, you may bring legal proceedings in the courts of England and Wales, Scotland, or Northern Ireland. These Terms are governed by the laws of England and Wales for UK-based transactions.

19.6 Complaints and Alternative Dispute Resolution
 We aim to resolve all complaints quickly and fairly. If we cannot resolve your complaint, you may use an Alternative Dispute Resolution (ADR) provider or the European Commission’s Online Dispute Resolution (ODR) platform at: https://ec.europa.eu/consumers/odr/.

19.7 Data Protection
 We process the personal data of UK customers in accordance with the UK GDPR and the Data Protection Act 2018. Please review our Privacy Policy for more information on how we handle your personal data.