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Terms of Service

Effective Date: July 24, 2026
Last Updated: July 24, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at https://www.funfactorysensorygym.com and the forms, chat, scheduling, messaging, information, and other online services provided by Fun Factory Sensory Gym LLC ("Fun Factory Sensory Gym," "FFSG," "we," "us," or "our") (collectively, the "Services").

By accessing or using the Services, submitting a form, scheduling a consultation, or otherwise communicating with FFSG through the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.

SMS Program Terms and Required Disclosures

  • SMS program and messaging use cases: The Fun Factory Sensory Gym Customer Communications program sends recurring transactional, informational, and, when separately consented to, marketing text messages. Messages may include responses to inquiries, requested information, consultation follow-ups, appointment confirmations and reminders, project and design updates, order or installation updates, customer-service messages, product or service announcements, and promotional offers.
  • Age restriction: You must be at least 18 years old to enroll in the SMS program or provide consent to receive text messages from FFSG.
  • Opt-out instructions: Text STOP to opt out of SMS messages at any time. After you text STOP, we may send one final confirmation message. No additional messages will be sent under that program unless you opt in again.
  • Support contact information: Text HELP for help, email [email protected], or call (833) 438-6496.
  • Message frequency and charges: Message frequency varies. Message and data rates may apply. Contact your wireless carrier for details about your messaging or data plan.
  • Carrier liability disclaimer: Wireless carriers are not liable for delayed or undelivered messages.
  • Privacy Policy: Our handling of personal information and SMS consent is described in the FFSG Privacy Policy. We do not sell, rent, or share mobile numbers or SMS opt-in consent with third parties or affiliates for their own marketing or promotional purposes.

1. Eligibility and Authority

You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. If you use the Services on behalf of a company, school, clinic, government entity, nonprofit, or other organization, you represent that you have authority to act for and bind that organization.

The Services are intended for adults. A parent, guardian, or other authorized adult must act on behalf of a minor.

2. FFSG Services

FFSG provides information and services related to sensory gyms and sensory-room projects, which may include consultations, project evaluation, design, customization, product selection, manufacturing coordination, shipping, installation, training, support, and related services for homes, schools, clinics, hospitals, commercial spaces, and other facilities.

Website content and preliminary communications are for general informational and planning purposes. The scope, price, timing, design, specifications, installation requirements, warranties, payment terms, and other obligations for a particular project will be stated in the applicable quote, proposal, order, invoice, agreement, or other written project document.

3. No Medical, Clinical, or Professional Advice

FFSG products and Services are not medical care, therapy, diagnosis, treatment, or a substitute for advice from a qualified healthcare, occupational therapy, physical therapy, behavioral health, educational, engineering, architectural, legal, or other licensed professional.

You are responsible for consulting appropriate professionals regarding a user's needs, supervision, suitability of equipment, accessibility, building conditions, permits, codes, safety requirements, and proper use. Do not submit protected health information or medical records through general FFSG forms, chat, SMS, or email.

4. Project Information, Site Conditions, and Customer Responsibilities

You agree to provide accurate, current, and complete information relevant to your project, including contact information, authority to approve the project, room measurements, photographs, videos, site conditions, access limitations, delivery requirements, and requested use.

Preliminary recommendations, designs, renderings, estimates, or timelines may depend on the accuracy of the information you provide and may change after site review, measurement verification, product availability, engineering or code review, shipping assessment, or other project-specific evaluation.

You are responsible for:

  • ensuring that you have permission to submit photographs, videos, plans, and information about the proposed location;
  • obtaining required owner, landlord, organizational, governmental, or other approvals;
  • identifying site conditions that could affect delivery, installation, or safe use;
  • complying with applicable building, fire, accessibility, licensing, and safety requirements unless a written FFSG agreement expressly assigns a specific responsibility to FFSG; and
  • supervising use and following all product, installation, maintenance, weight-limit, age, and safety instructions.

5. Quotes, Designs, Orders, Payments, and Separate Agreements

Website content, automated messages, chat responses, and preliminary conversations do not constitute a binding quote or guarantee of price, availability, completion date, financing, design feasibility, or installation.

A project becomes binding only as stated in the applicable written proposal, order, invoice, contract, or other agreement accepted by the required parties. Deposits, payment schedules, cancellations, changes, returns, shipping, installation, warranties, and remedies are governed by those project documents and applicable law.

If these Terms conflict with a signed project-specific agreement, the signed project-specific agreement controls for that project.

Financing, when available, may be offered by an independent third party and is subject to that provider's approval, terms, fees, and privacy practices. FFSG does not guarantee financing approval.

6. Appointments and Communications

When you schedule a consultation, design review, redesign review, installation, or other appointment, you agree to provide accurate contact information and to update or cancel the appointment when necessary. Availability is not guaranteed until confirmed.

FFSG may contact you through the methods you provide to respond to your inquiry, manage an appointment or project, deliver requested information, or provide customer service. Marketing communications will be sent only as permitted by law and your choices.

7. SMS/Text Messaging Program Terms

Program Name and Description

The Fun Factory Sensory Gym Customer Communications program provides recurring informational and, where you consent, marketing text messages. Messages may include responses to inquiries, consultation follow-ups, appointment confirmations and reminders, project or design updates, customer-service messages, requested information, product or service announcements, and promotional offers.

By providing your mobile number and affirmatively opting in where requested, you authorize FFSG and its service providers to send text messages to that number, including messages sent using an automatic telephone dialing system, prerecorded or artificial voice, or artificial intelligence-assisted technology, as permitted by law. Consent is not a condition of purchase.

Message Frequency and Charges

Message frequency varies based on your interactions, appointments, project status, and communication preferences. Message and data rates may apply. Contact your wireless carrier for details about your plan.

Opt-Out

Reply STOP to opt out at any time. We may send one final confirmation message, after which no further text messages will be sent under that program unless you opt in again. FFSG will also honor other reasonable opt-out requests as required by law.

Help and Support

Reply HELP for help. You may also contact [email protected] or call (833) 438-6496.

Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier, device, coverage, and other factors outside FFSG's control.

Number Changes

You represent that you are the subscriber or customary user of the mobile number provided and are authorized to consent to messages at that number. If your number changes or is reassigned, you agree to notify FFSG or opt out before discontinuing use of the number.

Privacy

We do not sell, rent, or share your mobile number or SMS opt-in consent with third parties or affiliates for their own marketing or promotional purposes. For details about how we handle information, see our Privacy Policy.

8. Email Communications

If you consent to marketing emails, you may unsubscribe using the link included in an email. We may continue to send non-marketing messages reasonably necessary to respond to you, manage an appointment or transaction, fulfill a project, provide customer service, or comply with law.

9. User Submissions and Project Materials

You retain ownership of photographs, videos, plans, messages, documents, and other materials you submit ("User Submissions"). You grant FFSG and its service providers a non-exclusive, worldwide, royalty-free license to host, store, copy, review, adapt, and use User Submissions only as reasonably necessary to:

  • respond to your inquiry;
  • evaluate, design, quote, manufacture, deliver, install, support, or document your project;
  • operate and improve the Services;
  • maintain business and legal records; and
  • comply with law or protect rights and safety.

You represent that you have the rights and permissions needed to submit the materials and permit these uses. FFSG will not use identifiable project photographs or videos in public advertising, case studies, or social media without separate permission, except where content has already been made public by you and the use is otherwise lawful.

10. Acceptable Use

You agree not to:

  • use the Services for unlawful, fraudulent, abusive, threatening, harassing, or deceptive purposes;
  • impersonate another person or misrepresent your authority or identity;
  • submit false, infringing, malicious, or unauthorized content;
  • upload malware or attempt to interfere with, bypass, probe, or compromise the security or operation of the Services;
  • scrape, harvest, or collect information from the Services through unauthorized automated means;
  • use FFSG content, designs, trademarks, or systems in violation of intellectual property or other rights; or
  • use the Services in a manner that could harm FFSG, its customers, service providers, or other users.

We may restrict or terminate access when we reasonably believe these Terms, law, security, or the rights of others are being violated.

11. Intellectual Property

The Services and their content, including FFSG names, logos, trademarks, text, graphics, photographs, videos, layouts, designs, product information, software, and other materials, are owned by or licensed to FFSG and are protected by intellectual property laws.

Except as expressly permitted in writing, you may not copy, reproduce, modify, distribute, sell, license, publicly display, create derivative works from, or commercially exploit FFSG content. Limited personal viewing and printing for the purpose of evaluating or managing your own FFSG project is permitted.

The Services may integrate with or link to independent third parties, including payment processors, financing providers, scheduling systems, communications providers, social networks, mapping services, analytics services, carriers, manufacturers, installers, and other vendors.

FFSG is not responsible for third-party websites, terms, privacy practices, availability, decisions, or services. Your use of a third-party service may be governed by a separate agreement between you and that provider.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND GENERAL ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FFSG DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT TO THE EXTENT A WRITTEN PROJECT-SPECIFIC AGREEMENT EXPRESSLY PROVIDES OTHERWISE.

FFSG DOES NOT WARRANT THAT THE WEBSITE OR ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT PRELIMINARY WEBSITE INFORMATION, AUTOMATED RESPONSES, ESTIMATES, DESIGNS, OR TIMELINES WILL BE COMPLETE OR SUITABLE FOR A PARTICULAR PROJECT.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FFSG AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THE WEBSITE OR GENERAL ONLINE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FFSG'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE WEBSITE OR GENERAL ONLINE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FFSG FOR THE ONLINE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

This limitation does not replace or reduce any rights, remedies, warranties, or liability expressly established in a signed project-specific agreement or that cannot lawfully be limited. Some jurisdictions do not allow certain liability limitations, so portions of this section may not apply to you.

15. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless FFSG and its owners, officers, employees, agents, contractors, and service providers from claims, liabilities, damages, losses, and reasonable costs arising from your unlawful use of the Services, your material breach of these Terms, your User Submissions, or your violation of another person's rights.

This obligation does not apply to the extent a claim results from FFSG's own negligence, willful misconduct, or violation of law.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. Before filing a legal claim concerning the website or general online Services, you and FFSG agree to make a good-faith effort to resolve the dispute informally by sending written notice describing the issue and requested resolution.

Unless applicable law requires otherwise or a signed project-specific agreement establishes a different process, courts located in Somerset County, New Jersey, and applicable federal courts in New Jersey will have exclusive jurisdiction over disputes arising from these Terms, and each party consents to that jurisdiction and venue.

Nothing in this section prevents either party from seeking temporary or emergency injunctive relief where appropriate or from using a small-claims court when eligible.

17. Changes to the Services or Terms

We may modify the Services and update these Terms from time to time. Updated Terms will be posted with a revised "Last Updated" date. Material changes may also be communicated by reasonable means when required by law.

Changes apply prospectively when posted or on the stated effective date. Your continued use of the Services after that time constitutes acceptance of the updated Terms. Changes to an existing signed project agreement require the process stated in that agreement.

18. Suspension and Termination

You may stop using the Services at any time. FFSG may suspend or terminate access to online Services when reasonably necessary for security, maintenance, legal compliance, suspected misuse, nonpayment under an applicable agreement, or a material violation of these Terms.

Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and rights related to records or completed transactions.

19. General Terms

If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.

FFSG's failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without FFSG's written consent. FFSG may assign these Terms in connection with a merger, reorganization, sale of assets, or by operation of law.

These Terms, the Privacy Policy, and any applicable signed project-specific agreement constitute the relevant agreement between you and FFSG concerning their respective subject matter. Electronic communications and electronic acceptance may satisfy legal writing and signature requirements where permitted by law.

20. Contact Us

Questions about these Terms may be sent to:

Fun Factory Sensory Gym LLC
991 US Highway 22, Suite 200
Bridgewater, NJ 08807
Email: [email protected]
Phone: (833) 438-6496
Website: https://www.funfactorysensorygym.com