Terms of Service

Terms of Service – Toon Website Builder

Last updated: 22 April 2025

These Terms of Service (the "Terms") constitute a legally-binding agreement between you ("you," "your," or the "User") and Toon Limited ("Toon," "we," "us," or "our") governing your access to and use of Toon's website-builder platform, related mobile or desktop applications, websites, and any other online products or services that link to these Terms (collectively, the "Services").

By accessing or using any part of the Services, you agree to be bound by these Terms as well as our Privacy Policy and Cookie Statement, which are incorporated herein by reference.

1. Accepting These Terms

1.1 Definitions

"Affiliate" means an entity that controls, is controlled by, or is under common control with a party, where "control" means the direct or indirect power to direct or cause the direction of the management and policies of an entity.

"Consumers" are individuals who visit or interact with websites created with the Services (each, a "Site") for any purpose, including viewing content, purchasing merchandise, or contacting an Organiser.

"Material" means all information, data, text, design elements, graphics, images, audio, video, and other content or materials.

"Organiser" means a person or entity that uses the Services to create, publish, and manage one or more websites for the purpose of promoting event-related or brand-related content.

"Services" collectively refers to the Consumer Services and Organiser Services defined below:

Consumer Services – access to and interaction with Sites, including viewing content, purchasing goods or services, and contacting Organisers.
Organiser Services – the tools, software, hosting, support, and related functionality that allow Organisers to build, customise, publish, and manage Sites (the "Website Builder"), including optional onboarding, success, and marketing assistance (collectively, "Operational Services").

"Site Content" means Material provided by Toon through the Services.

"Your Content" means Material you contribute, post, upload, or otherwise make available through the Services.

"Your Trademarks" means any trademarks, service marks, trade names, or logos you make available through the Services.

Organisers, Consumers, and all other users of the Services are collectively referred to as "Users."

1.2 Authority

If you use the Services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and "you" will include that organisation.

1.3 Related Policies

By agreeing to these Terms you also agree to our Privacy Policy and Cookie Statement. Additional policies or product-specific terms displayed in the Services are incorporated herein by reference.

2. Toon's Services and Role

2.1 Our Platform

Toon provides a website-builder platform that enables Organisers to create and manage visually appealing, conversion-optimised Sites that serve as centralised hubs for promoting their brands, events, and related content. The Services may include hosting, custom domains or sub-domains, design templates, analytics, e-commerce integrations, and marketing tools.

2.2 Your Responsibility

Toon is not an event organiser, ticketing agent, or merchant of record for ticket sales. Organisers are solely responsible for the accuracy, legality, and fulfilment of all content, products, or services promoted or sold through their Sites, and for complying with all applicable laws, regulations, and industry guidelines.

3. Privacy and Consumer Information

3.1 Our Commitment

We process personal data in accordance with our Privacy Policy.

3.2 Organiser Obligations

Organisers must obtain all necessary consents to collect or process Consumer data and must comply with all data-protection and marketing laws (e.g., GDPR, e-Privacy, CAN-SPAM).

4. Access to the Services

4.1 Suspension or Termination

We may suspend or terminate your access to the Services for breach, misuse, non-payment, legal risk, or any reason permitted by law. Reasonable notice will be provided where practicable.

4.2 Your Right to Terminate

You may cease using the Services at any time. Sections that by their nature should survive termination (e.g., intellectual-property licences, disclaimers, limitations of liability, indemnities) will remain in effect.

6. Release and Indemnification

6.1 Release

You release Toon and its Affiliates, and their respective officers, directors, employees, and agents (the "Toon Released Parties") from all claims and damages arising out of disputes between you and any third party relating to Your Content, Your Trademarks, or your use of the Services.

6.2 Indemnification

You will defend, indemnify, and hold harmless the Toon Released Parties from any claim, loss, or expense (including attorneys' fees) arising from: (i) your breach of these Terms; (ii) Your Content or Your Trademarks; (iii) your misuse of the Services; or (iv) your violation of any law or third-party right.

7. Disclaimer of Warranties and Assumption of Risk

The Services are provided "as is" and "as available." To the maximum extent permitted by law, Toon disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and that the Services will be uninterrupted, error-free, or secure. You use the Services at your own risk.

8. Limitation of Liability

To the maximum extent permitted by law, the Toon Released Parties will not be liable for indirect, consequential, exemplary, special, or punitive damages, or for loss of profits, goodwill, data, or other intangible losses. Except for amounts you owe under subscription plans, the Toon Released Parties' aggregate liability to you will not exceed the greater of (a) the total fees you paid to Toon in the three (3) months before the event giving rise to the claim, or (b) one hundred Euro (€100). Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions, liability is limited to the fullest extent permitted by law.

10. License to the Toon Services

10.1 Grant

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for their intended purposes: (i) for Consumers, to browse Sites; (ii) for Organisers, to create and manage Sites and associated content.

10.2 Restrictions

You may not (i) copy, reproduce, modify, reverse-engineer, or create derivative works of the Services; (ii) lease, sell, or exploit the Services except as expressly permitted; (iii) interfere with the operation of the Services; or (iv) remove proprietary notices.

10.3 Sub-Domains and Domains

Any sub-domain or Toon-provided domain remains our sole property. We may reassign or deactivate a sub-domain if you breach these Terms or cease an active subscription.

10.4 Trademarks

"Toon" and related marks are Toon's trademarks. You may not use Toon trademarks without our prior written consent.

11. Compliance and Permits for Organisers

Organisers are solely responsible for obtaining any licences, permits, or approvals required to publish or sell content, products, or services via their Sites and for complying with all laws applicable to their activities (e.g., consumer-protection, advertising, e-commerce, intellectual-property laws).

12. Copyright Takedown Notices

If you believe content on the Services infringes your copyright, please send a notice to Hello@toon.fm containing the information required by the EU Copyright Directive or the U.S. DMCA (as applicable).

13. Scraping or Commercial Use of Site Content

Automated scraping, crawling, or extracting data from the Services for commercial purposes is prohibited without our prior written consent.

14. Fees and Refunds

14.1 Subscription Fees

Creating an account requires a paid subscription ("Subscription Plan"). Fees are disclosed at checkout and may vary by Plan or custom agreement.

14.2 Payments and Renewals

Unless otherwise stated, Subscription Plans renew automatically at the end of each billing cycle. You may cancel at any time, but fees already paid are non-refundable except as required by law.

14.3 Refund Policy

If we materially fail to provide the paid features of your Subscription Plan, you may request a pro-rata refund of pre-paid fees for the unused portion of the current term. All refund requests must be made within thirty (30) days of the incident.

15. Your Account

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. You are responsible for all activity that occurs under your credentials and must keep your password secure. Notify us immediately of unauthorised use.

16. Your Content and Your Trademarks

16.1 Licence to Toon

You grant Toon a worldwide, royalty-free licence to host, reproduce, display, and distribute Your Content and Your Trademarks as necessary to operate, promote, and improve the Services and your Sites. You retain all ownership rights.

16.2 Representations

You represent that you own or have the necessary rights to upload Your Content and that it does not infringe or violate any law or third-party right.

16.3 Removal

We may remove or disable access to any of Your Content that violates these Terms or applicable law.

17. Messaging Tools

If you use our email or messaging features, you must (i) send only to recipients who have consented; (ii) comply with all anti-spam, telemarketing, and privacy laws; and (iii) include any legally required disclosures or opt-out mechanisms. We may suspend your access to Messaging Tools for excessive complaints, bounce rates, or violations.

18. Notices

We may send legal notices to the email address associated with your account or through the Services' dashboard. You may contact us at:

Upnext Limited T/A Toon
Galway Bay Golf Resort, Renville West,
Oranmore, Galway, H91 T4A4, Ireland
Hello@toon.fm

19. Modifications to the Terms or Services

We may update these Terms or modify the Services from time to time. Material changes will be notified via email or in-product notice at least ten (10) days in advance. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

20. Assignment

We may assign or transfer these Terms, in whole or in part, to an Affiliate or in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations without our prior written consent.

21. Entire Agreement

These Terms, together with any Additional Terms expressly incorporated herein, constitute the entire agreement between you and Toon regarding the Services and supersede all prior agreements or understandings.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of Ireland. The courts of Ireland have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, except where prohibited by applicable consumer-protection laws.

23. Feedback

You may submit comments or suggestions regarding the Services ("Feedback"). We may use Feedback without restriction or compensation to you.

24. Third-Party Websites and Services

Links to third-party websites or services are provided for convenience. We do not control and are not responsible for third-party content or services.

25. Miscellaneous

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. Failure to enforce any provision is not a waiver. Headings are for convenience only. The word "including" means "including without limitation." Nothing in these Terms creates an agency, partnership, or joint venture between the parties.