Yoto Club Terms and Conditions

For subscriptions and renewals starting on September 17th, 2024 These terms apply to Canadian subscriptions starting on or after September 17th, 2024.
About these Terms and Conditions This agreement is between you and Yoto Inc. (corporation number: 4825824) whose principal place of business is 228 Park Ave S, #48734, New York, NY, 10003, hello@yotoplay.com (Yoto, we or us) and covers your use of Yoto Club, our audio content subscription service. By using Yoto Club, you accept these terms and conditions.
*What is Yoto Club and how does it work? ** The 3 tiers of subscription plans for Yoto Club are:
Explorer: This includes access to Yoto Originals digital content only (excludes licensed content purchasable stand-alone in digital format).

• Collector: This includes Explorer access, 1 Yoto Club Credit credited to your account every month, or 12 Yoto Club Credits credited to your account annually. Yoto Club Credits are redeemable on applicable Yoto Cards and Yoto Card Packs. Other benefits may include free shipping (domestic only) and discounts on purchases. These other benefits may be subject to additional terms and conditions.
• Collector+: This includes Explorer access, 2 Yoto Club Credits credited to your account every month, or 24 Yoto Club Credits credited to your account annually. Yoto Club Credits are redeemable on applicable Yoto Cards and Yoto Card Packs. Other benefits may include free shipping (domestic only) and discounts on purchases. These other benefits may be subject to additional terms and conditions.

*Disclaimer: Please note that benefits may be subject to change or withdrawal in Yoto’s sole discretion, at any time during a subscription period.

When and how will I be charged? All Yoto Club subscription plans come in monthly and annual options. When you sign up, you’ll be charged straight away (unless there is a free trial offer), and then billed periodically based on your chosen plan. Monthly members will be charged on the same day each month and annual members will be charged on the same date each year.

From time to time, there may be a free trial available. If you sign up for a free trial, you will start being charged the day after the free trial ends, unless you have taken steps to cancel via your account (see below). The date that the free trial ends and the date from which you will be charged will be set out in your account settings.

Your subscription will renew automatically for the same period as your initial subscription (unless you take steps to cancel via your account), with charges at the current, non-promotional rate. Cancelling means your subscription will continue until the end of, but won’t automatically renew, after the current term and you will not be charged for another term. See further information about how to cancel your subscription below.
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? For all 3 tiers of Yoto Club, 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.
How do Yoto Club Credits work?
Monthly subscribers will receive Yoto Club Credits each month (1 or 2 depending on your tier). Annual subscribers will receive all annual subscription Yoto Club Credits upfront at the start of the subscription period and upon renewal (12 or 24 depending on your tier).
If you are logged into your account, you will be able to see how many Yoto Club Credits you have available to redeem.
Remember: Yoto Club Credits can only be redeemed against Yoto Cards labelled as part of the Yoto Club selection in our cardstore.
When you select your Yoto Cards and add them to your shopping cart, the Yoto Club Credit/s will automatically be applied and deducted from your total amount due for payment.
Once you have completed your transaction to redeem Yoto Club Credits, the content will automatically appear on your account in the Yoto App, granting you instant digital access. The physical Yoto Card will then be delivered by mail to the address provided when you place your order.
If you cancel your Yoto Club subscription, we will send you reminders that your Yoto Club subscription is due to expire at the end of your current subscription period; you are responsible for ensuring you redeem any unused Yoto Club Credits before they are removed from your account. You will not receive a refund for any Yoto Club Credits not used during your subscription period.

Please ensure to use any unused Yoto Club Credits before your subscription ends.

Are there any limits to how I can use Yoto Club? We own or have rights to all intellectual property to the Yoto Club subscription, 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 are harmful or inappropriate. By uploading content, you agree that we and our users can use, store, and copy it for free. If someone claims that your content infringes on their intellectual property or privacy rights, we may share your identity with them.
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 terms and conditions. If you violate these terms, we may need to deactivate your account to protect the integrity of our services. This means you would lose access to your account and any Yoto Club Credits on your account, and we may not allow you to create a new account in the future.

We can also restrict or terminate your access to some or all features of Yoto Club without giving you a reason, if necessary. If we decide to take this step, we’ll give you at least 30 days’ advance notice.

Issues with Yoto Club, the Yoto Website or App We hope you’ll enjoy using Yoto Club, but it’s important to understand that it may not meet all your needs. We can’t guarantee that the service will be uninterrupted or error-free. Occasionally, you may experience disruptions accessing Yoto Club, the Yoto Website or App. We won’t be liable for any losses or damages resulting from these interruptions.
To keep your data safe, we take precautions such as replicating it to prevent hardware failures and regularly backing it up whenever possible. However, we can’t guarantee the safety of your data or prevent any corruption that might occur. If you encounter such issues, please get in touch by visiting our Customer Support Hub.
Cancellation rights After initial sign up, you can cancel your subscription for a full refund within 14 days from the date of sign up. Where physical cards are being provided, the cancellation period expires 14 days after the date on which the physical cards are delivered. Otherwise, the cancellation period expires 14 days after the day on which the contract is entered into.

You also have the right to cancel your subscription for a full refund within 14 days after the end of any free trial period. The cancellation period will expire 14 days after the day on which the free trial period ends (i.e. the date on which you are charged).

If you are an annual subscriber, you have the right to cancel your subscription for a full refund within 14 days after each annual renewal date. The cancellation period will expire 14 days after the day on which your annual renewal occurs (i.e. the date on which you are charged).

However, by agreeing to these terms and conditions, you allow us to provide the Yoto Club subscription service immediately. Once the download or streaming of digital content starts, you won’t be able to cancel or receive a refund. If you choose to not renew your subscription, at the end of that subscription period, you will lose access to all digital content.

You can exercise your cancellation rights by:

• logging into your account on the Yoto Website,
• click on "Yoto Club",
• click “Edit Your Subscription”, and
• select “Cancel subscription”.
  Find more information in our Customer Support hub.

Cancelling your Yoto Club subscription Your Yoto Club subscription will keep renewing for the same duration as your initial subscription term, unless you choose to cancel it. Charges will be at the current, non-promotional rate. You can easily cancel your subscription and stop automatic renewal anytime by logging into your Yoto account on the Yoto Website .
We will send you reminders about your subscription renewing. If you’re an annual subscriber, we’ll send you a reminder 30 days before your annual renewal date. To avoid being charged, please cancel at least 72 hours before your billing date.

If you're a monthly subscriber, we'll send you a reminder 14 days before your subscription has been automatically renewing for 6 months. To avoid being charged, please cancel at least 72 hours before your billing date.

We will also send you a reminder before the expiry of any free trial period that you signed-up for.

Cancelling your subscription means you’ll lose perks that may be available (like free shipping and discounts on purchases), and any Yoto Club Credits you have. Remember, once Yoto Club Credits are issued, they can’t be refunded.
Your rights If there’s a problem with Yoto Club, your right to cancel your subscription depends on what’s wrong, whether it’s our fault, and when it happens.
You have options if our services or products are faulty, aren’t as described or otherwise do not meet any legal requirements:
* cancel your Yoto Club subscription,

• get a refund, or
• have the issue fixed.
  You can immediately cancel and get a full refund for these reasons:
  * if there are unacceptable upcoming changes to Yoto Club or these terms and conditions,
• errors in our pricing or description,
• significant delays to the Yoto Club service because of uncontrollable events,
• if Yoto Club, the Yoto Website or Yoto App is suspended for over 14 days due to technical reasons, or
• if you have a legal right to cancel because of our fault.
  Yoto’s breach of these terms and conditions NOT APPLICABLE TO CONSUMERS IN QUEBEC AND IN OTHER JURISDICTIONS WHERE THE FOLLOWING PROVISION IS NOT ENFORCEABLE: 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 either an obvious consequence or something that both you and Yoto understood could potentially happen when entering this agreement. We will not be responsible for any unforeseeable 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 and these terms and conditions We'll do our best to keep you up to date when we're making changes to our Services. We can change, update, pause, or discontinue any of the Yoto Club features 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. 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 or provide them separately to these Terms. If we provide them separately, you'll need to agree to those terms before you can use the feature. If you carry on using our Services 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.

Assignment As Yoto grows and evolves, there’s a possibility that we may transfer the rights and responsibilities outlined in these terms and conditions to another organisation. However, rest assured that any transfer would be done in a way that does not significantly impact your rights as a user.
Governing law and jurisdiction These terms and conditions are governed by the laws of the State of New York and the state and federal courts of New York will have exclusive jurisdiction over any claim. THIS PROVISION IS NOT APPLICABLE IN QUEBEC.