Terms of Service & Terms of Use

This website is operated by Yoto, Inc. (the Website). Throughout the Website, the terms “we”, “us” and “our” refer to Yoto. Yoto offers this Website as part of our Service (defined below), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (Terms of Service, Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Service including any part of this Website. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

THIS AGREEMENT CONTAINS A CLASS ACTION/JURY TRIAL WAIVER PROVISION. EXCEPT WHERE PROHIBITED BY LAW, THIS PROVISION WAIVES YOUR RIGHT TO USE JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SERVICE, AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SERVICE.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website, and you have the authority to enter into a binding agreement with us. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse Services to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the content of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

SECTION 4 – PRICES AND MODIFICATIONS TO THE SERVICE PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event a product or service is listed at an incorrect price due to a typographical error, technology error, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. In the event that an item is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price charged. We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ORDERS; ACCURACY OF BILLING AND ACCOUNT INFORMATION You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – SHIPPING AND RETURNS We ship from our US warehouse and shipping times will vary depending on your delivery location. The shipping services available are shown at checkout, including UPS Ground, USPS Priority and Next Day UPS. If your ordered products are in stock we will aim to ship by the next business day.
Title and risk of loss pass to you upon our transfer of the products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

For details regarding returns, please review our Returns Policy.

SECTION 8 – REFUNDS AND CANCELLATIONS For details regarding refunds, please review our Refund Policy For details regarding cancellations, please review our Cancellation Policy.

SECTION 9 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy for more details.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – EXPORT REGULATIONS You represent that you are not named on any U.S. government denied-party list. You will not use the products ordered from us in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Syria, Sudan, or the Crimea region of Ukraine) or in violation of any U.S. export law or regulation.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, error-free or compatible with any particular hardware or software. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Yoto, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Yoto and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – FORCE MAJEURE Yoto will not be liable for any failure or delay in performing its obligations under these Terms or with respect to the Services caused by natural disaster, government mandate, civil disobedience, civil authority, pandemic or other factors beyond Yoto’s reasonable control.

SECTION 20 – ASSIGNMENT These Terms are personal to you and may not be assigned by you to any other person. Yoto may assign its obligations under these Terms, pursuant to applicable law.

SECTION 21 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York.

SECTION 24 - DISPUTE RESOLUTION, BINDING ARBITRATION & CLASS ACTION WAIVER. READ THE FOLLOWING PROVISION CAREFULLY. YOU AND YOTO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM RELATED TO THE USE OF OUR SERVICE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE USE OF OUR SERVICE, INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules [and the Mass Arbitration Supplementary Rules] (the AAA Rules) then in effect, except as modified by this Section 24. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We will be responsible for paying any individual consumer's arbitration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR YOTO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Prior to initiating an arbitration for any claim, dispute or controversy arising from or related in any way to your use of the Service, including without limitation the purchase of products or services through the Site, you must first provide notice to Yoto in writing delivered to the following email address: legal@yotoplay.com. Your written notice must sufficiently explain the basis of your claim or dispute regarding the Service, including any products or services purchased from the Site, so that Yoto may have a reasonable opportunity to communicate with you and attempt to address your concerns. If your claim or dispute is not resolved through email, telephonic and/or equivalent forms of communication between you and Yoto within sixty (60) days from the date of receipt of your written notice, then you may initiate an arbitration of your claim or dispute consistent with the foregoing arbitration terms. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

SECTION 25 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website, our store or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at legal@yotoplay.com. These Terms of Service were last updated on March 30 2026

1. What do these Terms cover?

Thank you for visiting our website: www.yotoplay.com (Website), operated by us, Yoto Inc., a company incorporated and registered in New York, with registered office at 228 Park Ave S #48734, New York, NY 10003, USA (Yoto).

We've tried to make these Terms easy to read and understand — avoiding jargon wherever we can.

These Terms are a legal agreement between you (either an individual or an entity) and Yoto regarding the use of our Website, services and products (Services) which may include user or other documentation that is available online, including on the Yoto App.

Yoto owns and operates the Website, and by visiting, accessing and using the Website, you consent to these Terms. Please read these Terms carefully before using the Website. By using the Website and/or Services, you are agreeing to these Terms. If you do not agree to these Terms, do not access the Website or otherwise use the Services.

We last updated these Terms on March 30 2026.

2. How can I contact you?

Please see our Contact Us page for our contact details.

3. How will you contact me?

If we have to contact you we will do so using the email address registered against your account.

4. Are there any other Terms I need to be aware of?

These Terms refer to other terms which may apply to you:

• Our Privacy Policy, which is incorporated by reference into these Terms and sets out how we may use your personal information.
• Our Terms of Service which apply to your purchase of goods or services from our Website or use of any part of our Service.
• Our Yoto Club Terms and Conditions which apply to members of Yoto Club.
• Any other terms relating to our referral schemes and incentives. These offers may be withdrawn at any time but the relevant terms will be set out on our Website.

5. What happens if there are changes to your Terms or the Website?

We'll do our best to keep you up to date when we're making changes to these Terms or our Website. We can make changes at any time. We don't need to give you any notice beforehand, but we'll try to be reasonable and let you know when we can.

If you carry on using our Website after we make changes to the Terms, it means you've agreed to them. The new version of the Terms will replace the old version.

6. Will the website always be available?

We do not guarantee that our Website or any content on it will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

7. Can you or I transfer these Terms to someone else?

In the future, we might transfer the rights and obligations we have under these Terms to another company, provided it doesn't materially affect your rights.

You can't transfer your rights or obligations under these Terms to anybody else. This is because these Terms are personal to you — and nobody else is entitled to benefit from them.

8. Acceptable Use: What are my responsibilities?

If we believe you have not followed these Terms then we have the right to disable and/or terminate your account.

Be careful to keep your Yoto login details safe and confidential. If you think someone else might have access to your login details you must let us know as soon as you can by Contacting Us.

When you create an account, you confirm that:

• all information and details provided by you to us are true, accurate and up to date in all respects. You can update or correct your personal details at any time by amending your account details within your registered account; and
• you will comply with the restrictions on your use of the Website as set out in these Terms.

You agree that in using the Website you will not:

• attempt to gain unauthorized access to Yoto’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website;
• copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, reverse engineer, communicate to the public or distribute in any way the web pages or materials on the website or the computer codes of elements comprising the website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content for the purpose of viewing it, provided that no more than one copy of any information is made;
• misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other harmful material;
• attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website;
• use the Website for any unlawful purpose or in any way that interrupts, damages, impairs or renders the Website less efficient or violates applicable laws or regulations;
• access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• make commercial use of the Website or its contents in order to gain a competitive advantage, for marketing purposes (including, third-party solicitations);
• collect and use any product listings, descriptions, photographs or prices displayed on the Website in connection with competing with Yoto or for other commercial purposes; or
• create, reproduce and/or distribute any materials derived from the content provided on this Website.

Any use other than that permitted may only be undertaken with our prior express permission.

9. Acceptable Use: What are Yoto's rights?

We reserve the right to suspend, restrict or terminate access to the Website or any part of it at any time without notice. We endeavour to ensure that the Website is always available but do not guarantee that it will be available uninterrupted or error free.

We are the owner or the licensee of all Website design, text, graphics and software. Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property of third parties.

10. What are the rules around any content I might upload to the Website?

You hereby provide an irrevocable, non-exclusive, worldwide license to Yoto of any intellectual property rights, whether copyrights, trademarks, trade dress, patents, trade secrets, rights of publicity or right of privacy, which you may have in any content or other materials (Licensed Materials) which you may provide to the Website or Yoto information systems (System) so as to, among other things, allow Yoto to:

• operate and maintain the System for its intended uses as specified in these Terms;
• maintain and reproduce such Licensed Materials within the System as permitted by applicable law;
• provide access to such Licensed Materials to approved users; and
• incorporate such anonymized Licensed Materials into derivative works as permitted by law, including, but not limited to, publications concerning statistical research, statistical compilations and reports on or about the System.

United States Digital Millennium Copyright Act (DMCA)

You acknowledge and agree that, pursuant to the DCMA, Yoto may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion in the System of information that you provide violates their copyrights.

In so doing, Yoto may elect to remove (or require you to remove) such allegedly infringing information from the System unless you object to the allegation of infringement, in which case Yoto in its sole discretion may elect to maintain or restore the allegedly infringing information to the System pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA.

You will cooperate fully with Yoto to assure compliance with the DMCA upon receipt by Yoto of any “take-down” notice issued by any third party, and in so doing, to promptly inform Yoto whether you object to any such “take-down” notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.

Notice and Procedure for Making Claims of Copyright Infringement

Yoto respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work or works that you claim have been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Yoto's Copyright Agent for notice of claims of copyright infringement on the Yoto Website can be reached as follows:

Yoto Limited

ATTN: DMCA Copyright Agent

Email: legal@yotoplay.com

Please note that this procedure is exclusively for notifying Yoto that your copyrighted material has been infringed.

11. What happens if there is incorrect information on our Website?

We will do our best to keep our Website up to date and to check everything is correct, however we cannot guarantee that the content on our Website is accurate, complete or up to date. The content on our Website is for general information only.

If you do spot any mistakes you can let us know by Contacting Us.

12. Security: What happens if there is a bug or virus on our website?

We cannot guarantee that our Website will be secure or free from bugs or viruses. You are responsible for ensuring you have virus protection software.

Yoto will endeavor to protect your information using reasonable security measures through its third-party website hosting and operations providers. While the security measures are expected to reasonably protect your information and your use of the Website and/or Services, Yoto and its third-party website operations and hosting providers does not warrant that your data will be completely secure.

There are risks inherent in placing information on and accessing information from the Internet. If you have any concerns regarding the security of your information or the use of the Internet to access your information through the Services you should consider not creating a Yoto account.

13. Are you responsible for any linked websites?

Where our Website contains links to other sites and resources provided by third parties, these links (Linked Sites) are provided for your information only. The Linked Sites are not hosted by or on Yoto’s servers or under Yoto’s control, maintained by Yoto or affiliated with any services provided by Yoto.

Yoto is not responsible for the content, security, availability, accuracy or practices of the Linked Sites and expressly disclaims any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in said links or Linked Sites. You assume all risk and responsibility when you click on a link on the Website and you irrevocably waive any claim against Yoto for use of the Linked Sites.

We have no control over the contents of those sites or resources so you should check you are comfortable before clicking on the link.

14. Am I allowed to link to your Website?

You may link to the homepage on our Website provided you do so in a way that is fair and legal, and does not damage our reputation or take advantage of it – for example, you must not suggest we support your website if that is not the case.

Whilst you may link to our home page you must not link to any other part of our Website or frame our Website on any other site.

Please Contact Us if you would like to link to or make any use of content on our Website other than that set out above.

15. How do I notify you about content uploaded by other users?

Our Website may include information and content uploaded by other users. This information and content have not been verified or approved by us. The views expressed by other users on our Website may not represent our views or values.

If you have any concerns about content uploaded by other users please see the “DMCA Compliance” section above or you can let us know by Contacting Us.

16. What happens if something goes wrong? Limitations of Liability

To be clear, we don't limit our responsibilities to you where it would not be lawful. However, we do limit out liabilities as follows:

DISCLAIMERS; NO WARRANTIES EXCEPT AS STATED HEREIN

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND OUR WEBSITE CONTENT ARE PROVIDED “AS IS'' WITHOUT ANY WARRANTIES EXCEPT AS NOTED ON THE WEBSITE AND AVAILABLE PRODUCT GUARANTEE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE SERVICES AND CONTENT AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE INSTALLATION OF, USE OF AND RESULTS OBTAINED FROM THE SERVICES OR CONTENT. YOTO MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOTO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS EXPRESSLY STATED ON THE WEBSITE AND AVAILABLE PRODUCT GUARANTEE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS.

YOU AGREE THAT YOTO TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, DEFECTS IN COMMUNICATION LINES, DEFECTS OR DEFICIENCIES IN INTERNET ACCESS OR BY YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.

Unauthorized Access; Lost or Corrupt Data

YOTO IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SERVICES OR SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SERVICES OR SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE.

Limitation of Liability.

YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, SERVICES AND THE INFORMATION CONTAINED THEREIN. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOTO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, UNLESS THE INABILITY TO USE THE WEBSITE OR CONTENT RESULTS FROM THE INTENTIONAL CONDUCT OR GROSS NEGLIGENCE OF YOTO, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOTO ASSUMES NO LIABILITY FOR FAILURE TO PROVIDE SUPPORT SERVICES AND TO CORRECT ERRORS, DEFECTS OR INEFFICIENCIES EXCEPT AS EXPRESSLY SET FORTH IN THE WARRANTY ON THE WEBSITE. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL YOTO BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF YOTO UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) USD.

17. Do you monitor my use of the Website?

To keep things running smoothly, we keep an eye on how people are using our Website and take action when we need to. You agree that we can monitor your use of our Website to make sure you're not breaking our Terms. We'll always do this in line with our privacy policy.

18. Governing Law, Venue and Miscellaneous

These Terms are governed by the laws of the State of New York without regard to principles of conflicts of laws. Any disputes or claims arising from these Terms or the use of the Website or Services shall be heard exclusively by the federal court in the Southern District of New York.

Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Yoto will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected arbitration or proceedings.

Export Regulations. You represent that you are not named on any U.S. government denied-party list. You will not use the Services in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Syria, Sudan, or the Crimea region of Ukraine) or in violation of any U.S. export law or regulation.

Severability and Complete Understanding. If any provision of these Terms are found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. Yoto’s failure to insist on or enforce strict performance of these Terms shall not constitute a waiver of any provision or any right, nor shall any course of conduct between Yoto and you or any other party be deemed to modify any provision of these Terms. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of these Terms. Both parties further agree that any waivers and modifications must be in writing and signed by both parties.