Terms of service
These Terms of Service apply to usage of the Toniecloud on our website at my.tonies.com or through our Tonie-App and take effect when visiting our website at my.tonies.com.
tonies, toniebox and Boxine are registered trademarks of Boxine GmbH (Grafenberger Allee 120, 40237 Düsseldorf, Germany), which is also the operator of the my.tonies.com website.
These Terms of Service apply only to consumers and not to retailers or entrepreneurs/companies (“consumer” refers to any individual who makes a legal transaction for purposes that cannot be attributed predominantly to commercial or self-employment-related activity).
Toniebox and Toniecloud functionality
The Toniecloud is a network-based server system that communicates and exchanges data with the Toniebox. All of our digital content is located in the Toniecloud. To use the Toniebox, it must be connected to the internet via Wi-Fi when first set up and then verified by the Toniecloud using its Toniebox ID (affixed to the bottom of the Toniebox). If you would like to download new content to your Toniebox, e.g. a new Tonie, your Toniebox will have to be connected to the Toniecloud using an internet connection. Once it has been set up, the Toniebox can be operated and used without being connected to the Toniecloud over the internet, though only with content that has previously been downloaded to the Toniebox from the Toniecloud over the internet and stored on the Toniebox. As a result, it is not possible to use the Toniecloud entirely without the internet.
If you create a Toniecloud account at my.tonies.com, you can also use additional Toniecloud functions: for starters, you can fill up your Creative-Tonies with your own content. To do this, you will have to connect to the internet and visit the Toniecloud at my.tonies.com using a smartphone, tablet or PC or use the smartphone app for Android and iOS. Moreover, you can contact other Toniecloud members or your own friends and modify specific Toniebox functions (e.g. its volume). It is possible to use the Toniebox without creating a Toniecloud account, however you will not be able to use the special functions described above.
Creating a Toniecloud account (initial registration)
To create a Toniecloud account, you will need your email address and you will be able to provide additional personal details on a voluntary basis. You will be able to create your Toniecloud account only if you consent to these Terms of Service by clicking “I have read the Terms of Service and accept them” and consent to the Boxine GmbH Data Protection Policy by clicking “I have read the Data Protection Policy and accept it”. You can read either document at any time and from any page on my.tonies.com, where you can also print or store them; you can also view them when registering by clicking on them directly and then print or save them.
Once you have created your account, you will be able to upload audio files to the Toniecloud for your Creative-Tonies (using the Tonie-App or our website). Our server will convert these files into the required audio format and make them available to play on your Creative-Tonie. The data you originally upload will be automatically deleted after seven days. The converted data will be stored on our Toniecloud. You can upload as much new data as you want for your Creative-Tonie, with old data being deleted and replaced by the new data. We do not save old data, though for technical reasons the converted data will be stored for at least seven days following conversion even if you delete it beforehand.
We reserve the right to randomly sample the data you upload to the Toniecloud and check if it potentially violates applicable law (including copyrights, personality rights or competition law), applicable case law and/or common decency. If we find such a violation, we reserve the right to delete your data from our Toniecloud and cancel your Toniecloud account. You can read more about this under our Our Rights.
Cancelling your Toniecloud account
Should you wish to cancel your Toniecloud account, the data you upload for your Creative-Tonies will be deleted after you cancel your account. However, you have the option of granting another user (who must also have a Toniecloud account) administrator rights before leaving, which would allow that user to continue using your Toniecloud household. In this case, your uploaded data would remain in the Toniecloud even if you cancel your Toniecloud account.
Household settings and restrictions
You can select various different configuration options in your user settings in the Toniecloud. However, certain settings can only be changed by administrators, i.e. the household owner or full members (usually legal adults). This is the case for all household-related settings and our “Invite Member” function. Other types of users (Creative-Tonie members) cannot use these functions.
Administrators can also specify that all Creative-Tonies be played only in their household or that specific, selected Tonies be played only in their household. You can read more about your household settings at my.tonies.com.
Using the Tonie-App
Use of our Tonie-App is subject to the same terms and conditions as when using our website at my.tonies.com. The Tonie-App can be used on iOS and Android. The Tonie-App additionally allows you to record speech with your smartphone and combine it with selected Creative-Tonies by uploading the recording from your smartphone to the Toniecloud. To do this, you will need a Toniecloud account and have to log into the app with your account details.
Your obligations as a user
As a Toniecloud user with a Toniecloud account, you are obliged to refrain from uploading to the Toniecloud any files that violate applicable law (including copyright, personality rights or competition law), applicable case law and/or common decency. This in turn means that you must possess all necessary rights to use the files you upload. You must explicitly reconfirm the above conditions by clicking a corresponding read confirmation before uploading your own files for the first time.
Furthermore, as a user with a Toniecloud account you are obliged to refrain from uploading data that contains software viruses or other information, files or programs that are intended or can be used to disrupt, destroy or restrict the functionality of computer software or hardware or telecommunications equipment.
To avoid losing the files you upload to the Toniecloud, you should also save them somewhere outside of the Toniecloud. Otherwise, you yourself will be responsible for any loss of files.
Moreover, as a user you are responsible for making sure that the Creative-Tonies you use do not physically end up in the hands of others against your will so that unauthorised persons who also have a Toniebox cannot play those Creative-Tonies against your will. However, administrators can also use the household settings at my.tonies.com to specify that all or specified Creative-Tonies be played only in their household.
If you use our “Invite Member” function, you undertake to invite only friends who explicitly consent to receiving such invitations by email.
Finally, no user is permitted to interfere with our online offering or the servers or networks associated with it or disrupt them, violate regulations, procedures or other rules for networks associated with our online offering or to collect or store data from other users.
You will find additional user obligations under Copyright, Entitlement to Use Digital Content and Special Terms of Service for Operating Software.
Boxine GmbH is entitled to review, modify and store all Toniecloud content and share it with third parties if required by law or if necessary and legally permissible after due consideration in order to (a) fulfil legal specifications or court or official orders, (b) enforce these Terms of Service, (c) respond to third-party claims regarding a violation of rights, (d) safeguard the rights, property or personal safety of Boxine GmbH and its employees, our users or the public, (e) identify/resolve technical problems and respond to complaints through our Customer Care Service or (f) implement security measures to protect against viruses or hacker attacks or other comparable malicious applications or files.
If these Terms of Service, legal regulations or third-party rights are violated or where we are compelled by other, objectively justified grounds, we are entitled, at our discretion, to delete content in the Toniecloud without giving reason. Furthermore, we reserve the right to cancel your Toniecloud account in these cases. We also reserve the right to file further claims.
In addition, we reserve the right to delete your Toniecloud account if you do not use it for a long period of time.
We reserve the right to establish general rules regarding use of the Toniecloud if we find that the Toniecloud’s performance is reaching its limits for data and/or server capacity. In this situation, for example, we would limit the number of uploads per Creative-Tonie and reserve the right to introduce paid premium membership involving continued unlimited use of the Toniecloud and other benefits.
We enjoy the entitlements provided by law.
We will not be held liable for technical failures resulting from circumstances for which we are not responsible or resulting from agents; we will also not be held liable for damage resulting from force majeure.
We disclaim our liability for the content that you upload for your Creative-Tonies and, in particular, we will not be held liable for this content’s compliance with applicable law (including copyright, personality rights or competition law), applicable case law and/or common decency, and neither for you possessing all necessary rights to use the uploaded files.
We will not be held liable for deleting old files from the Toniecloud when you upload new ones and have already reached the data capacity of your Creative-Tonie. Furthermore, we will be held neither responsible nor liable for deleting files that you have uploaded to the Toniecloud or for storing them in the Toniecloud. You, as a user, are required to store the content you upload elsewhere as well if you would like to use it securely on a permanent basis.
We will not be held liable if the Creative-Tonies you use physically end up in the hands of unauthorised persons, thereby giving unauthorised persons access to your files.
We will not be held liable for deleting your files and/or your Toniecloud account if these Terms of Service, legal regulations or third-party rights are violated or where we are compelled by other, objectively justified grounds.
We will, as a rule, not be held liable for breach of obligation through slight negligence where it does not concern core contract obligations, injury to life, limb or health or warranties and where it is not a claim under the German Product Liability Act (Produkthaftungsgesetz). The same applies to breach of obligation committed by our agents.
Our liability will otherwise be based on legal provisions. Contributory negligence on the user’s behalf must be factored into this.
All content in our offering is protected by trademarks, patents, copyrights and other intellectual property rights and, in particular, text, software, photography, graphic files, illustrations, music, names, logos and marks are our property or that of our licensors. We are not aware of any opposing ownership or licence rights pertaining to Toniecloud components. Should someone find that any content violates his or her rights, that person must contact us directly.
Users may not modify, publish, take from, sell or transfer content in this offering or parts of it, store such content in a database or use it commercially in any other manner. When content is loaded onto the Toniebox from the Toniecloud, the user receives a non-exclusive right to use it on a non-commercial basis, provided the content is not modified.
When a person uploads content to the Toniecloud, that person automatically assigns to us all rights to use the relevant content in such a manner that they are (a) without time restriction, (b) irrevocable, (c) free of charge and (d) non-exclusive, and that the content can be transferred from the Toniecloud to Tonieboxes when the relevant Creative-Tonie is used. We will of course not use the content for any other purpose. You will indemnify us for all third-party claims and hold us harmless against them where third parties exercise claims based on a violation of their rights, especially copyrights or other intellectual property rights, due to the content you upload. The same also applies to claims exercised in relation to competition law.
Entitlement to use digital content
You may load and play the digital data files, audiobooks, music and software offered as downloads (“digital content”) only using the Toniebox. This digital content is protected with regard to copyright, trademarks, name rights and, where relevant, other legal considerations.
By acquiring a Toniebox and Tonie and then downloading one or more items of digital content through the Toniebox in the specified manner, you receive a non-exclusive and non-transferable right to load, play and use the digital content in a personal context on the particular Toniebox onto which it has been downloaded as specified.
You are not entitled to utilise the digital content in a manner that exceeds the rights granted by these Terms of Service. In particular, it is prohibited for you, in whole or in part, to:
- lease or sub-license the digital content or in any way make it the object of your own commercial exploitation
- sell, swap or provide the digital content or pass it on free of charge or in return for payment without simultaneously passing on the associated Tonie
- modify or change the digital content
- develop the digital content further or use it as a basis for other products, decompile or disassemble the provided program code into other code forms or in any other way reverse-engineer the digital content into various stages of production
- remove or modify copyright notices, marks, logos, notices of other industrial property rights or serial numbers or other characteristics serving to identify the digital content
- download or reproduce the digital content in any way other than that officially provided by us
- transfer the digital content from a Toniebox to another device or storage medium
- use the digital content in another manner and for purposes that violate legal provisions or third-party rights
If any third party utilises the rights of use granted to you by these Terms of Service in an unauthorised manner for reasons for which you are responsible, you must compensate us and the other holders of those rights for any costs incurred and/or comply with our requests for compensation.
Special Terms of Service for operating software
The Toniebox’s operating software is also protected by (intellectual property) rights; the rights and restrictions described in the section above apply in the corresponding measure to your entitlement to use the operating software. Updates are carried out in the background automatically so that you can always use the latest version. Information about updates may also be announced at www.tonies.com.
To set up a Toniebox, you will need a smartphone, tablet or PC to connect the Toniebox to the internet. You can view the system requirements in our information at my.tonies.com. We provide services based only on the hardware and software requirements typical for technology at the given point in time.
Changes to the offering and Terms of Service
We are further entitled to modify, pause or end our offering in the Toniecloud without informing you of this in advance. Furthermore, we are entitled to amend these Terms of Service unilaterally at any time. This will have no effect on your entitlement to use the digital content you have already acquired.
Announcement of changes to the Terms of Service
We will announce changes to these Terms of Service to you accordingly and, depending on the change, will seek your explicit consent to it. If you have decided to use the Toniecloud without a Toniecloud account, we can announce changes of these Terms of Service to you only at my.tonies.com and over the Tonie-App. For this reason, we ask that you regularly visit our website or check our Tonie-App or consider creating a Toniecloud account.
If you continue using the Toniecloud after we have announced the relevant changes, we will assume that you consent to these changes (if you do not have a Toniecloud account or if explicit consent to the changes is not required) unless you object to these changes within 30 days of announcement. You may object to the changes in writing during the specified period and cease usage for this reason by notifying us.
We take the protection of your personal data very seriously and ensure the safeguarding of your privacy. For more about this, please see our Data Protection Policy at my.tonies.com.
We are aware that our offering is used mainly by children. Nevertheless, parents and guardians are responsible for ensuring that minors under their care understand and comply with the Terms of Service set out here.
We will communicate with you electronically; you agree to receive electronic communications from us and agree that all agreements, notifications, disclosures and other electronic communications we provide do not need to be given in writing/fulfil the legal requirements for written communication unless binding statutory provisions require another form of communication.
German law, excluding UN sales law (CISG) and conflict-of-law rules provided by the Introductory Act to the German Civil Code (EGBGB), is applicable.
In addition, we refer to the Platform for Online Dispute Resolution of the European Commission (a platform for online dispute resolution in consumer complaints against online merchants). This platform can be reached at the following internet address: http://ec.europa.eu/consumers/odr.
Should individual provisions of these Terms of Service be or become unlawful or unenforceable, this will not affect the validity and enforceability of the remaining provisions.