TOCA BOCA TERMS OF SERVICE

Last updated: Mar 6, 2024

Hello! These are Toca Boca terms of service.

KIDS, IF YOU ARE YOUNGER THAN 18 YEARS OLD, OR ANY OTHER AGE OF MAJORITY APPLICABLE IN YOUR COUNTRY, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF SERVICE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF SERVICE.

Contact us at enquiry@tocaboca.com concerning anything you do not understand in these terms of service.

1. The Terms of Service

These Toca Boca terms of service (“Terms”) apply to your download, access and/or use of our official Toca Boca games, whether on your computer, on a mobile device, on our website or any other website, device or platform (each a "Game" and together the "Games"). The Terms also apply to any other services that we may provide in relation to the Games or our website, such as customer support, social media, community channels and other websites that we may operate (together with the Games, the “Services”).

The Terms are a legal agreement and contain important information about your rights and obligations in relation to the Services. The Terms are made available via the app store or platform that you download our Games from (such as the Apple App Store or Google Play Store) or on any website or platform where you can play the Games. You must accept the Terms before you use the Game. By accepting the Terms, you confirm that you have read, understood and agreed to the Terms. If you do not agree with the Terms, please do not use the Game or any of the Services.

For use of the Services, you agree that you are at least 18 years old or any other legal age required to form a contract in your jurisdiction and that if you are younger, that your legal guardian has reviewed and agrees to the Terms and is happy for you to access and/or use the Services.
 
The Terms constitute a legal agreement between you and Toca Boca AB, reg. no 556870-3721, having its registered office at Box 90 293, 120 24 Stockholm, Sverige (“Toca Boca”, “We” or “Us”), setting out the rights, obligations, liabilities and other matters relating to the use of the Services. 
For information on how we process your personal data relating to your use of the Game, please see our privacy notice at www.tocaboca.com/privacy.

2. User Accounts

2.1 When using the Services you may choose to, and in some instances you will be required to, create a user account with Us. You will also need access to a supported device and an Internet connection. 

2.2 When you register a user account, you will be asked to provide certain personal information. You acknowledge that the information you provide is accurate, up to date and complete and that you are responsible for any incorrect information. 

2.3 If you create a user account, you undertake to ensure that no one else than you can use your identification information. You may not share your password to any other person and you must make sure that  the username and password are stored in such a way that no one else but you have access to such information. You will immediately inform Us of any unauthorized access to your password or user account. You are responsible for all activities and purchases made under your user account, whether or not they were authorized by you.
 
2.4 Your user account is personal to you, and you are not entitled to transfer your account to any other person.

2.5 Toca Boca’s collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the Toca Boca Privacy Policy (published at www.tocaboca.com/privacy).

3. Age of Users

3.1 A person under the age of 18, requires consent of their parents or legal guardians in order to       use the Services. How such parental consent is provided depends on the Services and/or the      platform that the Services is provided on. Where parental consent is required, Toca Boca hereby recommends that parents/guardians monitor the child’s online activity and use of the Services. A parent/guardian who wishes to recall their previously provided consent to a child’s access to and use of the Services should disconnect from the Services.

3.2 If you are a parent and you give your consent or permission for your child to register for the Services, you thereby agree to the Terms relating to use of the Services by your child.

4. Provision of the Services

4.1 We aim to provide the Services continuously and with stability. However, We may need to conduct maintenance affecting the Game and further, the Services may include material belonging to third parties. We are not responsible for any third party websites, services or content which might be included or linked to in the Services. Neither are We responsible for any acts, omissions and conduct of any users or other third parties in or through the Services.

4.2 You acknowledge that We, notwithstanding anything to the contrary within the Terms, may suspend or terminate your user account and/or future access to the Services in whole or in part, temporarily or permanently:

• for maintenance, support, checkup or other operational or technical reasons,
• in order to update or upgrade the Services,
• to avoid infringement on third party intellectual property rights,
• if you or any other user violate the obligations or undertakings under the Terms or interrupt the normal operations of the Services,
• if suppliers or partners that We use for the provision of the Services no longer provide necessary services to Us, and
• for other reasons determined to be substantial by Us in Our sole reasonable discretion.

We also reserve the right to terminate your user account if it has been inactive for 24 months. In that case, you have the right to register a new user account.

4.3 Since the Services develop over time, We may change or discontinue all or any part of the Services at any time and without notice. In case of changes, suspensions or terminations of the Services, We will notify you about such change, suspension or termination in advance.      We shall not be required to provide refunds, benefits or other compensation in connection to such change, suspension or termination of the Services, or parts thereof.

5. Your conduct and user generated content

5.1 Your use of the Services may affect other people, whether they are using the Services or not. You undertake to be aware of the environment in which you are, and to not (or encourage or enable others to):

• put your and/or other people’s safety at risk;
• treat other people, whether they are using the Services or not, disrespectfully;
• act inappropriately, threaten, make obscene statements or attack other people in any way, harm anyone or to cause offence to or harass any person;
• use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
• use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
• share accounts, accessing the Services in an unauthorized manner, and/or selling or trading accounts, 
  take advantage of any glitch or bug in the Services, 
  use our Services for any commercial or business purpose or for the benefit of any third party or to send any solicited or unsolicited communications;
• remove or amend any proprietary notices or other ownership information from the Games or any other part of our Services;
• interfere with or disrupt our Services or servers or networks that provide our Services;
• attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by Us;
• 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
• disobey any requirements or regulations of any network connected to our Services; or
• use our Services in violation of any applicable law or regulation or the Terms.

5.2 Information, data, software, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via the Services by you or another user (“User Generated Content”). You understand and agree that all User Generated Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the User Generated Content. This means that you, not Us, are entirely responsible for all User Generated Content that you may upload, communicate, transmit or otherwise make available via the Services.

5.3 For the well-being of other users of the Game, you may not post or transmit any User Generated Content which could (i) be considered abusive, illegal, indecent, obscene, offensive, or threatening in any way; (ii) encourage anyone to break the law; (iii) violate anyone's copyright or other property right; (iv) interfere with the privacy of any other user; (v) contain a virus or any other harmful component; or (vi) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.

5.4 You acknowledge that We are not obliged to monitor the use of the Services or the User Generated Content published by users. However, We may do so for the purposes of operating the Services and/or ensuring compliance with the Terms and applicable law. We reserve the right to edit, refuse to post or remove any User Generated Content from the Services if We, at Our sole discretion, consider it to be in violation of the Terms or may reflect badly on Us or the Services.

5.5 You agree that Toca Boca may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under these Terms, including checking your device for the existence of exploits or hacking and/or unauthorized software.

5.6 We cannot guarantee the accuracy, integrity or quality of content published in the Services by users or other third parties. When using the Services, you acknowledge that you may be exposed to content that you may find offensive, indecent or otherwise objectionable. Under no circumstances will We be liable for any content, including, but not limited to errors or omissions, or due to loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available through the Services.

5.7 You are solely responsible for your communications and interactions with other users of the Services. You agree to take appropriate safeguards in all interactions with other users of the Services, especially if you choose to meet offline or in person. If you have a dispute with one or more users of the Services, you release Us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

6. Limited License

The Services are licensed, not sold or transferred, to you for use only in accordance with the Terms. Subject to your compliance with the Terms, Toca Boca grants to you a limited non-exclusive, non-transferable, non-sublicensable and fully revocable license to download and install a copy of the Game on your device and to run such copy of the Game solely for your own personal, non-commercial purposes.

6.1 We reserve all rights not expressly granted to you under these Terms. You may not under any circumstances:

• Copy, modify, decompile, disassemble, or reverse engineer the Game in part or in whole, create derivative works based on the Game or use the Game for any purpose other than its intended purpose, as determined by Us in Our sole discretion;
• use, or facilitate the use of, any unauthorized third-party software (e.g. bots, mods, hacks, and scripts) to modify or automate operations within the Game whether for you or for a third party;
• market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Game in any way inconsistent with the rights of use provided by Toca Boca herein;
• disrupt, interfere with or otherwise adversely affect the normal flow of the Game or act in a manner that may negatively affect other users’ experience when using the Game. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Game to gain unfair edge over other players and any other act that intentionally abuses or goes against the design of the Game;
• avoid, circumvent, or disable any security or digital rights management protocols or mechanism in the Game;
• disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or
• attempt to circumvent any restriction in the Game imposed by Us.

7. Intellectual Property Rights

7.1 The Services

Any and all content and/or parts of the Services including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, your user account and user profile and all other content and intellectual property rights related thereto shall belong to and remain vested in Us. The Terms do not transfer any ownership in the Services or copyright or intellectual property rights therein to you. This includes, but is not limited to, any content of any kind that you may have created or developed in the Services.

7.2 User Generated Content

By transmitting or submitting User Generated Content, you warrant that the User Generated Content does not infringe the intellectual property rights or privacy rights of any third party or defame any person. You confirm that any User Generated Content is your own original work or that you own or have the necessary licenses, rights, consents, and permissions to use, upload and sub-license User Generated Content in accordance with the Terms in or to the Game. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Generated Content, against Toca Boca or any third party designated by Toca Boca.

You hereby grant Us a royalty free, irrevocable, perpetual, worldwide, sublicensable, and transferable right to copy, adapt, modify, use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Generated Content in connection with the Services including, for the avoidance of doubt, making User Generated Content available to other users of the Services or to promote or market the Services.

To the extent that you submit, via the Games or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Game, you agree that such Ideas are non-confidential and non-proprietary, and Toca Boca shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Toca Boca, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Game, or any Toca Boca product or service, without compensation or accounting to you and without further recourse by you.

The Services, or other channels provided by Toca Boca, may include forums, blogs and chat features where you can post User Generated Content (such as observations and comments on designated topics). We do not in any way guarantee that other members will not use the User Generated Content that you share in the Game, in the Services or in any other services not controlled by Toca Boca. Information that you want to keep confidential and/or do not want others to use, should therefore not be posted in the Services or in any other service not controlled by Us. Toca Boca shall have no responsibility to assess, use or compensate you for any ideas or information you may choose to submit. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact Us by emailing the following information to.

8. In-Game Products and In App-Purchases

8.1 A Game may include virtual products, features and services available to you through in-game activities within the Game (“In-Game Products”). To benefit from or use the In-Game Products in our Games you may first have to reach a certain level or progress to a certain point. In-Game Products are provided to you under the same rights of use as the Game. In-Game Products may therefore only be used for your personal, non-commercial use within the Game. Furthermore, the acquisition of an In-Game Product, whether through a purchase or without payment, does not grant you the ownership of the In-Game Product as it is a license identical to the license of the Game.

8.2 You acknowledge and agree that In-Game Products lack monetary value and never can be exchanged for real money, real goods or real services with Toca Boca or anyone else. The features, capabilities, and/or specifications of In-Game Products may change at any time without notice.

8.3 Some In-Game Products are provided to you by purchase (In-App Purchases”).

8.4 You acknowledge that all In-App Purchases are final, and We do not refund, transfer or change a completed transaction. Therefore, you will not be compensated for lost In-Game Products (or In-App Purchases) if your user account is terminated, whether by Us or by you for whatever reason. If you live in the European Union, you have certain rights to withdraw from online purchases. Note that when you do an In-App Purchase, you authorize Us to start providing the purchased In-Game Product to you immediately when the purchase is completed, and therefore, you lose your right to withdraw from the purchase at this time. For these purposes, an In-App Purchase is completed when Our servers validate the purchase, and the In-Game Product is credited to your user account.

8.5 The charge for any In-App Purchase shall be as stated in the Game at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. We will, independently or through the payment processor acting on Our behalf, bill your credit card or use other payment methods if you make an In-App Purchase. You undertake to pay all fees and applicable taxes incurred by you or anyone using your user account. Should your payment in any way be insufficient, We may delete the In-Game Product insufficiently purchased by you.

8.6 Depending on your platform, In-App Purchases may be subject to your platform provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights, you should check with your platform or our customer support team before making a purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

8.7 We reserve the right to temporarily or permanently increase or decrease the prices and/or availability of In-App Purchases in any manner such as, but not limited to, having sales, having offers for a limited amount of time or only during certain hours or on certain geographical locations, bundling In-Game Products with each other, awarding users with In-Game Products as bonuses or limiting the amount of In-Game Products you may purchase.

8.8 To the extent that Toca Boca establishes that aspects of the Game are only available to those users opting for additional paid licenses and you elect to use such paid aspects of the Game, you agree to the pricing, payment and billing policies applicable to such fees and charges as described on www.tocaboca.com.

9. Availability of the services

To the extent permitted under applicable law, the Services and all content therein are provided on an "as is" and “as available” basis without express or implied warranties of any kind. This includes, but is not limited to, warranties of title, freedom from malicious code, security or implied warranties of fitness for a particular purpose. You acknowledge that you use the Services at your sole risk and assume full responsibility for your actions and any costs associated with the Services. We do not guarantee that the Services will be (i) free of errors, viruses or bugs or other defects, (ii) that the Services or any information displayed or distributed through the Services will be accurate or complete, or (iii) that any defects in the Services will be corrected.

However, We undertake to inform you of and provide you with safety updates and other necessary updates. The obligation to provide you with necessary updates is limited to updates necessary to fulfill these Terms, but does not include an obligation to provide you with later versions of the Services or to improve or expand the Services functionality.

10. Limitation of liability

10.1 The limitations included below are made to the maximum extent permitted by law. Nothing in this section, or otherwise in the Terms, shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Toca Boca or for death or personal injury arising from any negligence or fraud of Toca Boca.

10.2 In no event shall Toca Boca, Our officers, directors, employees, agents, affiliates, and third party licensors or suppliers be liable for any incidental, special, exemplary, indirect or consequential damages whatsoever, including, without limitation, damages for unauthorized access to your property, loss of use, loss of data, loss of In-Game Products, loss of opportunity, or any other damages or losses arising out of or related to your use or inability to use the Services, however caused, regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if We have been advised of the possibility of such damages.

10.3 Toca Boca, Our officers, directors, employees, agents, affiliates, and third party licensors or suppliers shall in no event be liable for damages, losses, liabilities or claims (i) not caused by Our breach of the Terms, (ii) arising out of false or inaccurate information from You, (iii) resulting from a third party’s illegal or unauthorized access to or use of the device or the Services, (iv) caused by Your breach of the Terms, (v) relating to technical failure or non-availability of the Services.

10.4 In no event shall Our total liability to you for all damages exceed the amount corresponding to the amount you have paid to Us in the 12 months immediately preceding the date on which you asserted the claim.

11. Indemnity

You agree to defend, indemnify, and hold Toca Boca and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with the Services, or those of any child authorized by you; (b) any violation of the Terms by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Toca Boca reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Toca Boca in asserting any available defenses.

12. Termination

12.1 The Terms are effective and continue to remain in full force until terminated by you or by Toca Boca. You may terminate the Terms at any time by deleting the Game from your device and stop using the Services.

12.2 Toca Boca may terminate the Terms at any time if you breach the Terms, if your user account has been inactive for 24 months or for any other reason explicitly set out in the Terms.

12.3 Without limiting the foregoing, your access to the Game and/or Services may be terminated without warning if Toca Boca believes, in its sole discretion, that you are under the age of 18 but do not have your parent’s or guardian’s permission to register for and/or access the Services.

12.4 Upon termination of the Terms you shall immediately cease all use of the Services.

13. Third Party Websites and Information

The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. Such other websites and parties are not under Toca Boca’s control, and you acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by Us, or any warranty of any kind, either expressed or implied.

14. Changes to the Terms

We may modify the Terms at any time. If We do so, We will inform you of such modifications. It is important that you review the Terms whenever We modify them, because if you continue to use the Services after We have notified you of the modified Terms, you are indicating to Us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not continue to use the Services. If We require some action from you (such as active acceptance) of modifications to the Terms, you may be unable to continue the use of the Services until you have taken such action.

15. Miscellaneous

15.1 Any failure by Us to enforce the Terms or any part hereof shall not be considered a waiver of Our right to do so.

15.2 The Terms are governed by the laws of Sweden, without regard to choice or conflict of law principles. You agree that any claim or dispute you may have against Us must be settled exclusively by a court located in Stockholm, Sweden.

16. Contact Information

If you have questions regarding the Services or the Terms, or wish to report an error in the Services, please send an email to enquiry@tocaboca.com.