Yoto Club Terms and Conditions

Yoto Club Terms and Conditions For subscriptions starting on 17 September 2024
These Terms and Conditions apply to subscriptions by residents in the European Union, starting on or after 17 September 2024.

About these Terms and Conditions
This agreement is between you and Yoto SAS (RCS 911851350) whose registered address is 8 Rue Saint-Augustin, 75002, Paris, hello@yotoplay.com (Yoto, we or us) and covers your use of Yoto Club, our audio content subscription service.

What is Yoto Club and how does it work?
The subscription plan for Yoto Club is as follows:
Explorer: This includes access to Yoto Originals digital content (excludes licensed content purchasable stand-alone in digital format). Plus, new digital-only content is available exclusively to Explorer members. As part of the Explorer service features, the Yoto Originals digital content available will regularly change and evolve and new titles may be added while others may be removed.
When and how will I be charged?
Your Explorer subscription plan comes in monthly or annual options. When you sign up, you’ll be charged straight away, and then billed periodically based on your chosen option. Monthly members will be charged on the same day each month and annual members will be charged on the same date each year.
Your subscription will renew automatically for the same period as your initial subscription (unless you cancel via your account), with charges at the current, non-promotional rate. Cancelling means your subscription won’t automatically renew after the current term.
If there’s a problem with your payment, we’ll notify you via email to update your payment method and attempt the payment again. If we’re not able to resolve a payment problem, your subscription will be automatically deactivated. You can reactivate your Yoto Club subscription at any time by purchasing a new subscription at the current price.
When do I get access to the digital content?
You’ll gain access to the digital content collection on subscription. You can enjoy digital content in physical format by adding the content to your library in the Yoto App, connecting to a MYO card or playing via the Yoto App. You’ll also get access to new Yoto Club audio content as soon as it’s available in the Yoto App.

We’ll continue to provide access to digital content until your subscription is terminated by either you or us.

If you are a resident of the EEA, you can access the digital content usually available through your home country subscription when visiting another EEA country, at no extra cost. This means that you can enjoy the same service and access the same content, in the same language, while abroad that you can access and enjoy when you are in your home country. This access is available only if you are temporarily abroad in another EEA country and we are able to verify that your country of residence is in the EEA.
Are there any limits to how I can use Yoto Club?
We own or have rights to all intellectual property of Yoto Club, the Yoto Website and App. By joining Yoto Club, we grant you a personal, non-transferable and non-exclusive (meaning we can grant the same licence to other members of Yoto Club) licence to use Yoto Club.
When you accept these Terms and Conditions, you agree not to:

• build a product or service that competes with Yoto Club,
• commercially exploit our services without our express, written permission,
• engage in fraudulent activity with any third party in relation to Yoto Club,
• create multiple Yoto Club subscriptions for commercial gain;
• ship Yoto Cards to non-domestic premises,
• sell Yoto Cards through unauthorised channels,
• resell Yoto Cards at overly inflated prices to the detriment of other customers,
• copy or create new software based on Yoto Club, the Yoto Website or App,
• modify, reproduce, or resell any content from Yoto Club,
• access or tamper with non-public areas of Yoto Club or attempt to circumvent our protective measures,
• use Yoto Club, the Yoto Website or App to store or distribute malicious software or unlawful content, and
• break the law when using Yoto Club.

You must only upload content to our Website that you own or have permission to use. Do not upload any files or content that violate the law or contain personal insults, discrimination, slander, vulgar, sexual, obscene language, violent language or violent or promote violence, which contain viruses or malicious code or which infringe or violate the intellectual property rights or any property rights or similar rights of a third party. By uploading content, you agree that we use, store, and copy it for free, by digital means on our internal servers, systems or on our website and app, for the purposes of performing our obligations under these Yoto Club Terms and Conditions, worldwide and for the duration of your subscription.
To keep Yoto Club safe and running smoothly, we monitor usage to ensure compliance with these Terms and Conditions. By using Yoto Club, you agree to this monitoring, which we’ll always do according to our Privacy Notice.
Your breach of these Terms and Conditions
We value our Yoto families and want to ensure a positive experience for everyone using Yoto Club, the Yoto Website or App. To maintain a safe and welcoming community, we kindly ask that you follow these Yoto Club Terms and Conditions. If you violate these Terms and Conditions, we may need to deactivate your account to protect the integrity of our services, to restrict or terminate your access to some or all features of Yoto Club, which we will always do after giving you a prior notice of at least 30 days and an opportunity to remedy the violation, except if we are prohibited to do so under applicable laws or if we are bound to immediately suspend or terminate your access to the Yoto Club under applicable laws or regulations. This means you would lose access to your account and that, if we have a legitimate reason, we may not allow you to create a new account in the future.
Issues with Yoto Club, the Yoto Website or App
Your statutory rights apply. If you are a resident of France, you have the legal guarantees described in Annex 1 of these Terms and Conditions.
Should the Yoto Club, the Yoto Website or Yoto App face security incidents or threats, we will, at minimum, do the following: secure our systems, applications, and business operations, notify affected parties and the authorities in a timely manner, engage with an external security firm to monitor and assist with systems hardening, and publish a post-mortem analysis of the incident or threat.
Withdrawing from your Subscription
You have a legal right to withdraw from your subscription agreement with us within 14 days of purchase. However, if you requested to begin the performance of the Yoto Club services during the withdrawal period you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the subscription period.
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery if applicable (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Terminating your Yoto Club subscription

Your Yoto Club subscription will keep renewing for the same duration as your initial subscription, unless you choose to cancel it. Charges will be at the rate agreed to at the time of your subscription. We may change the price of your subscription when your subscription auto-renews. If we do so, we will notify you, on a durable medium, at least 30 days in advance of the price change. If you do not want to continue your subscription at the new price, you can cancel your subscription 72 hours before your subscription renewal date.

You can easily stop automatic renewal anytime by logging into your Yoto account. If you’re an annual subscriber, we’ll send you a reminder 30 days before your renewal date. To avoid being charged, please cancel at least 72 hours before your billing date. If you are a resident of France, the provisions detailed in Annex 1 regarding auto-renewed subscriptions will apply.

Cancelling your subscription means you’ll lose access to non-purchased Yoto Originals in the Yoto App and perks like exclusive promotions and member-only in-app audio.

Yoto’s breach of these Terms and Conditions

If we fail to comply with these Terms and Conditions, Yoto will be liable for any foreseeable losses or damages you suffer as a direct result of our non-compliance. By “foreseeable”, we mean it was a consequence or something that both you and Yoto foresaw as possible to happen when entering this agreement or could have foreseen. We will not be responsible for any unforeseeable losses or damages (except in the case of gross negligence or intentional misconduct) or any indirect losses or damages.

Yoto Club is intended for personal, non-commercial use only. Therefore, we can’t be held liable for any business interruption, lost earnings, or missed opportunities, even if we breach these Terms and Conditions.

To be clear, we don't limit our responsibilities in cases where doing so would be unlawful. Specifically, we don’t limit our liability for breaches of your consumer rights or for instances of death or personal injury caused by our negligence.

Changes to Yoto Club

We can change, update, pause, or discontinue any of the Yoto Club features at any time to (i) ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements, such as mandatory consumer laws; (ii) perform temporary maintenance, fix bugs, implement technical adjustments and make improvements, such as adapting the Yoto Club, Yoto Website or App to a new technical environment, transferring it to a new hosting platform; (iii) upgrade the Yoto Club, Yoto App or Yoto Website or release a new version on certain devices, change the list of compatible devices and software, or otherwise amend or make modifications to existing features and functionality; (iv) alter the structure, design or layout of the Yoto Club, Yoto App or Yoto Website or any subscription plan, including changing the name of the or re-branding, or amending, improving, expanding and/or removing the features and functionalities available on Yoto Club, Yoto App or Yoto Website or as part of a specific subscription plan; (v) maintain the operability of the Yoto Club, Yoto App or Yoto Website; (vi) adapt the Yoto Club, Yoto App or Yoto Website to changing market conditions; (vii) for security reasons; (viii) for anti-piracy reasons; (ix) to adapt the Yoto Club, Yoto App or Yoto Website where we have reorganised the way we run our business, including merging with another brand or service; (x) improve, maintain or expand the quality or scope of content that we make available on the Yoto Club, Yoto App or Yoto Website and ways in which we make such content available to you; (xi) deprecate or stop offering a feature or service or the Yoto Club, Yoto App or Yoto Website.

If we make changes as specified above and these changes negatively impact your access to or use of the Yoto Club in more than a minor way, we will give you the right to terminate your subscription. If this type of change is going to come into effect during your current billing period, you will be able to cancel your subscription (at no cost to you) within 30 days from the date of any notice we provide or 30 days from when the change comes into effect, whichever is later. If you cancel in these circumstances, we will provide you with a refund corresponding to the period during which the changes were in effect and for amounts you have paid for your subscription but have not yet received. If you do not refuse such changes or otherwise cancel your subscription within 30 days from the date of any notice we provide or 30 days from when the change comes into effect, whichever is later, we will take that as acceptance of the changes.

Changes to Yoto Club Terms and Conditions As we grow and improve Yoto Club, we might need to introduce new terms relating to any new features. We might do this by uploading a new version of the terms to our website, with a date to show when we uploaded them, and by notifying you by email at least 30 days in advance of the changes and of the date they will become applicable. The new terms will only apply to you at the end of your current subscription period. If you do not agree with the changes, you need to terminate your subscription before your next subscription and billing period. If you carry on using our services after the terms changes have entered into force, it means you've agreed to them. The new version of the terms will replace the old version.

Assignment As Yoto grows and evolves, you agree that we may transfer the rights and responsibilities outlined in these Terms and Conditions to another organisation, provided that your subscription and rights under these Yoto Club Terms and Conditions will not be adversely affected as a result of such transfer.

Governing law and jurisdiction These Terms and Conditions are governed by French law and French competent courts will have jurisdiction over any claim. However, if your national law provides stronger protections, those will still apply to you.

**Annex 1 – Specific Terms for France residents **

The below terms apply, in addition to the Yoto Club Terms and Conditions, if you are a resident of France.

1. Auto-renewed annual subscriptions - rights you have as a consumer.

In accordance with article L.215-1 of the French Consumer Code, in the case of service contracts concluded for a fixed term with a tacit renewal clause, the trader providing the service shall inform the consumer in writing, by letter or dedicated e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of renewal, of the possibility of not renewing the contract that he/she has concluded with a tacit renewal clause. This information, provided in clear and comprehensible terms, shall mention, in a visible box, the deadline for non-renewal.

Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.

Payments made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the termination date, less the sums corresponding, up to that date, to the performance of the contract.

The provisions of this article apply without prejudice to those which by law are subject to certain contracts with special rules regarding consumer information.

In accordance with article L.215-1-1 of the French Consumer Code, where a contract has been concluded by electronic means, or has been concluded by another means, and the trader, on the day of termination by the consumer, offers the consumer the possibility of concluding contracts by electronic means, termination shall be made possible.

To this end, the trader shall make available to the consumer, free of charge, a facility enabling the consumer to give notice and take the necessary steps to terminate the contract electronically. When the consumer gives notice to terminate the contract, the trader shall confirm receipt of the notice and inform the consumer, on a durable medium and within a reasonable period of time, of the date on which the contract ends, and the effects of the termination.

In particular, a decree lays down the technical procedures for ensuring that the consumer can be identified and that there is easy, direct and permanent access to the functionality referred to in the second paragraph, such as the procedures for its presentation and use. It determines the information to be provided by the consumer.

In accordance with article L.215-3 of the French Consumer code, the above provisions shall also apply to contracts concluded between professionals and non-professionals.

In accordance with article L.241-3 of the French Consumer code, where the trader has not made the repayment in accordance with the conditions laid down in article L. 215-1, the sums due shall bear interest at the legal rate.

2. Your legal guarantee rights

As a consumer, you have some guarantee rights on the digital content and digital service that we supply.

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Legal guarantee of conformity

Where the digital content or service is provided on a one-off basis: In the event of a lack of conformity, the consumer has a period of two (2) years from the date of supply of the digital content or service to obtain the implementation of the legal guarantee of conformity. During a period of one (1) year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. The legal guarantee of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service. If the digital content or service is provided on a continuous basis: You have the right to enforce the legal guarantee of conformity in the event of the appearance of a lack of conformity during the entire license term. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. The legal guarantee of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service during the license term. The legal guarantee of conformity gives the consumer the right to have the digital content or service brought into conformity without undue delay following his/her request, free of charge and without major inconvenience to him/her. The consumer may obtain a price reduction by keeping the digital content or service, or a rescission of the contract with a full refund in exchange for the waiver of the digital content or service, if: 1° The traders refuses to bring the digital content or service into conformity; 2° The conformity of the digital content or service is unjustifiably delayed; 3° The digital content or service may not be brought into conformity without cost to the consumer; 4° The conformity of the digital content or service causes major inconvenience to the consumer; 5° The non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. The consumer is then not obliged to ask for the digital content or service to be brought into conformity beforehand. In cases where the lack of conformity is minor, the consumer has the right to rescind the contract only if the contract does not provide for payment of a price. Any period of unavailability of the digital content or service in order to bring it into conformity shall suspend the remaining guarantee period until the digital content or service is supplied in conformity again. The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. A trader who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to EUR 300 000, which may be increased to 10% of the average annual turnover (Article L. 242-18-1 of the French Consumer Code). Legal guarantee for hidden defects The consumer also benefits from the legal guarantee for hidden defects in application of articles 1641 to 1649 of the French civil code, for a period of two (2) years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is kept or to a full refund in exchange for the waiver of the digital content or service.

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