Rental Agreement

1. Agreement and acceptance

At checkout, you'll be asked to tick a box confirming that you understand how your plan renews and that you agree to this Agreement and our Privacy Policy. When you tick the box and complete checkout, this Agreement becomes binding between you and us. If you don't agree, please don't sign up.

Electronic signature. Ticking the box is your electronic signature, and it's just as binding as signing a paper contract. We keep a record of when you agreed and which version of this Agreement you agreed to. This is version 2026-11-02.2.

Electronic records and notices. You agree that we may provide this Agreement, receipts, reminders, notices, and other records electronically, either by email to the address you gave us or by posting them on our website. To receive and keep them, you'll need a device with internet access, a current web browser, and an email account. Please keep your email address up to date.

Emails we'll send. Running your membership includes sending you automatic emails, such as:

• an order confirmation when you sign up, with your plan, price, renewal terms, and how to cancel;
• reminders about swaps and returns;
• renewal reminders and notices about price or policy changes;
• receipts for anything you buy, like a Tonie you keep; and
• updates when you earn a referral reward.

You can view, print, or save this Agreement anytime on this page. If you'd like a paper copy of this Agreement or any record we've sent you, email us at hello@tonierental.com and we'll mail one free of charge. You can also withdraw your consent to electronic records by emailing us. Because Tonie Rentals runs online, withdrawing consent will end your plan at the end of your current paid period, just as if you had cancelled.

2. Who can sign up

To rent from us, you must:

• be at least 18 years old and legally able to enter into a contract;
• have a shipping address in the United States;
• have a valid payment method that we accept; and
• give us accurate, complete information and keep it up to date.

Tonie Rentals is for adults renting for their own household. Children can enjoy the Tonies under your supervision, but they can't sign up or hold a plan. You're responsible for your plan, your private manage link, the items we send you, and how anyone in your household uses them.

We may decline or cancel a sign-up for any lawful reason. For example, we may do so if a payment can't be verified, we can't ship to your address, or we previously ended a plan of yours for breaking this Agreement. If we cancel before your first box ships, we'll refund everything you paid.

3. How the service works

Here's the basic cycle. Our How it works page has more detail.

• Choose your lineup. Pick the Tonies you'd like for up to 12 months ahead. Leave a month empty and we'll choose for you ("Surprise me").
• We ship. Your first box ships within 2 business days after you sign up. After that, we send one box in each plan month with your next picks.
• You play. Place the Tonie on a Toniebox (your own, or one you rent from us) and listen.
• You swap. When your next Tonie arrives, send the previous one back in the prepaid return mailer within 7 days. We'll email you reminders.
• Keep a favorite (optional). Buy a Tonie you're renting from your Manage my lineup page, and it's yours to keep.

Tonie slots. Plans are priced per slot. A slot is room for one rented Tonie at home at a time, so two Tonies at once means two slots. You can have up to 4 slots in total. During a swap you'll briefly have both the new Tonie and the one going back. That's expected.

Plan months. A plan month is each one-month period that starts on your sign-up date, for example from the 14th of one month to the 14th of the next. If a month doesn't have your sign-up date (say, the 31st), that plan month starts on the last day of the month instead. On a Monthly plan, each plan month is also a billing period. A Year Pass covers 12 plan months, plus any free months you earn.

Business days are Monday through Friday, excluding US federal holidays.

4. Plans and pricing

We offer two plans. Plan prices are per slot. All prices are in US dollars, and the prices shown are what you pay.

• Monthly: $7 a month per slot, plus $1 a month for shipping. You get a new Tonie in each slot every plan month. The shipping fee is a flat $1 a month however many slots you have, because everything ships together in one box. It covers delivery and the prepaid return mailer, and it appears as its own line at checkout. Cancel anytime; cancellation takes effect at the end of the plan month you've already paid for.
• Year Pass: $72 a year per slot, with free shipping. You get 12 Tonies per slot over 12 plan months, with one swap a month. Your Year Pass renews automatically for another 12 plan months at the end of each term unless you turn off renewal, which you can do anytime. Year Pass fees are fully refundable until your first box ships and non-refundable after that, except where the law requires otherwise (see Cancellation and refunds).
• Toniebox rental (optional): $19 a month on a Monthly plan, or $228 a year on a Year Pass, for the model and color you choose. See Toniebox rentals.

Your plan's price, shipping fee, any Toniebox rental, billing schedule, and number of slots are shown at checkout before you pay. Discounts and promotions apply only as described in the offer.

To add or remove slots, contact us, or use your manage link if it offers that option. We'll tell you how the change affects your charges before it takes effect.

5. Billing and automatic payments

Payments are processed by Stripe through its secure hosted checkout. You can pay by card, Apple Pay, Google Pay, or Link. We never see or store your full card number. Our charges appear on your card statement as TONIE RENTALS.

Your authorization for recurring charges. By completing checkout, you authorize us, through Stripe, to charge your payment method for the following, without asking you again each time:

• Monthly plans: the monthly price for each slot, the $1 monthly shipping fee, and the monthly Toniebox rental price if you rent one, when you sign up and then at the start of every plan month until you cancel;
• Year Pass: the yearly price for each slot, plus the yearly Toniebox rental price if you rent one, when you sign up and then on each renewal date until you turn off renewal; and
• fees: any replacement fees and charger costs described in Loss, damage, and late returns, including after your plan ends.

If you earn a free month through our Refer-a-friend program, your next payment date moves one month later, and your billing schedule continues from the new date.

One-time purchases. If you buy a Tonie you're renting, you pay for it separately through Stripe Checkout when you buy it (see Buying a Tonie you're renting).

Confirmation. After you sign up, we'll email you a confirmation with your plan, price, renewal terms, and how to cancel.

Renewal reminders. We'll email you 30 to 45 days before your Year Pass renews, with the renewal date, the price, and how to turn off renewal.

Yearly check-in. At least once a year, we'll also email you a reminder of your plan, what you pay, and how to cancel.

Price changes. We may change our prices, including the shipping fee and the Toniebox rental price. If we do, we'll email you 30 days before the new price applies to you, and you'll keep your current price until then. On a Monthly plan, the new price starts with the first plan month that begins after that notice period. On a Year Pass, it starts at your next renewal, never in the middle of a year you've already paid for. If you don't want to pay the new price, you can cancel or turn off renewal before it takes effect.

Failed payments. If a payment doesn't go through, we'll let you know, and Stripe may retry it over the following days. Please update your payment method through your manage link. While a payment is past due, we may pause shipments. If we still can't collect it after our retries, we may cancel your plan. If that happens, any Tonies or Toniebox you have from us become due as described in Shipping, swaps, and returns, and you'll still owe any amounts that were due before the cancellation.

Keeping your payment details current. You can update your payment method anytime through your manage link. If your bank issues you a new card, we may use updated card details provided through the card networks so your plan isn't interrupted.

Taxes. The prices shown are what you pay; we don't add sales tax to them today. If that ever changes, we'll tell you before any tax is added to your charges.

Questions about a charge? Please contact us first at hello@tonierental.com. We can usually fix a billing problem faster than your bank can. This doesn't limit any rights you have with your bank or card issuer.

6. Cancellation and refunds

You can cancel anytime through your manage link (which opens Stripe's customer portal) or by emailing us at hello@tonierental.com. A cancellation request sent by email takes effect on the day we receive it. We'll confirm every cancellation by email.

Monthly plans. Cancelling stops future charges, including the shipping fee and any Toniebox rental. Your plan stays active until the end of the plan month you've already paid for. You still get everything for that month, including its swap if it hasn't shipped yet (tell us if you'd rather skip it). We don't refund partial months, except where the law requires.

Year Pass. You can turn off renewal anytime. Your Year Pass then continues through the end of its current term and doesn't renew. You can also stop your swaps early and send your Tonies back, but ending early doesn't make the rest of the year refundable.

Toniebox rentals. You can stop a Toniebox rental without cancelling your plan, as described in Toniebox rentals. If your plan ends, your Toniebox rental ends with it.

When your plan ends. Your plan ends at the end of your last paid period, or earlier if it's ended under Suspension and termination by us. Send back every Tonie you're renting from us within 7 days after your plan ends, along with any rented Toniebox. Tonies you've bought are yours to keep. Otherwise, the fees in Loss, damage, and late returns may apply.

How refunds work. Refunds go back to your original payment method. Your bank may take 5–10 business days to show them.

Nothing in this section limits any cancellation or refund rights you have under applicable law.

7. Your lineup, availability, and substitutions

Your lineup is the list of Tonies you've picked for each slot in upcoming plan months, up to 12 months ahead. Any month you leave empty is a "Surprise me" month, and we'll choose an available Tonie for you.

Picks aren't reservations. Our Tonies are shared among many families, so each pick depends on what's available when we pack your box. If a pick isn't available, we may send a similar Tonie instead, matching the age range and kind of story as closely as we reasonably can. We'll let you know which Tonie is on its way.

Packs. When tonies sells characters as a pack, we split the pack into single figurines, so each one is a separate Tonie you can rent on its own.

Changing picks. You can change upcoming picks by contacting us, or through your manage link if it offers that option. Changes apply to boxes we haven't started packing.

Choosing what's right for your child. You decide what suits your family. Before your child plays, check each Tonie we send against the manufacturer's age guidance, especially substitutes and "Surprise me" picks. If a Tonie isn't right for your family, set it aside and send it back at your next swap.

Our catalog changes. We can't promise that any particular Tonie will be offered or will stay in our catalog. We may add or retire Tonies at any time.

If we can't send anything. If we can't send any Tonie at all for a slot in a plan month, not even a substitute, we'll tell you and refund or credit the price of that plan month for that slot. For a Year Pass, that's one-twelfth of the yearly price. If no box ships to you that month, we'll also refund or credit that month's shipping fee.

8. Shipping, swaps, and returns

Where and how we ship. We ship only to addresses in the United States, using USPS or UPS. We choose the carrier and shipping method.

When we ship. Your first box ships within 2 business days after you sign up. After that, we send one box in each plan month with your next picks. Delivery times depend on the carrier and aren't guaranteed.

Shipping costs. On a Monthly plan, shipping is a flat $1 a month, which covers your monthly box and its prepaid return mailer. On a Year Pass, shipping is always free. A rented Toniebox ships in your regular box at no extra charge.

Swapping. When a new Tonie is delivered, send back the Tonie it replaces within 7 days after the delivery date shown in the carrier's tracking. Use the prepaid return mailer, and only send Tonies that came from us. Please double-check that you aren't sending one from your own collection. If you mix them up, contact us and we'll sort it out.

Due dates. Each rented Tonie has a due date: 7 days after its replacement is delivered, or 7 days after your plan ends, whichever comes first. A rented Toniebox is due 7 days after your Toniebox rental or your plan ends, whichever comes first. We'll email you reminders as due dates approach.

When a return counts. An item counts as returned on the date the carrier first scans your return mailer or label. If it's lost or damaged in the mail after that scan, you won't be charged for it. If you misplace your mailer, contact us and we'll help you get a return label. A Toniebox also has to be removed from your tonies account before it counts as returned in good order (see Toniebox rentals).

Late returns. If a Tonie or Toniebox isn't returned by its due date, we'll email you reminders. We may hold your next box until the late item has been scanned by the carrier. Your plan and billing continue as normal while a box is on hold for this reason. If an item still hasn't been scanned 30 days after its due date, it counts as not returned and the replacement fee applies (see Loss, damage, and late returns).

Delivery problems. If tracking shows a package was delivered but you didn't get it, or a Tonie or Toniebox arrives damaged or isn't what we said we'd send, please tell us within 7 days after the delivery date. We'll look into it with the carrier. We won't charge you for an item that, after a reasonable investigation, we find never reached you, or for damage that was there when it arrived.

Your address. Keep your shipping address current, and email us to change it before your next box ships. We aren't responsible for delays caused by an incorrect or incomplete address.

9. Toniebox rentals

No Toniebox? You can rent one from us as an add-on to your plan.

• Price: $19 a month on a Monthly plan. On a Year Pass it's billed yearly, at $228 a year (12 × $19), because your whole membership is billed on one schedule.
• Your choice of model and color: pick any Toniebox model and color currently sold on us.tonies.com, such as a Toniebox 2 or a Toniebox Lite. Tonieplay games need a Toniebox 2, so choose one if you want them. If we can't get your choice in time, we'll contact you before your first box ships.
• What's included: the Toniebox and its charger or charging cable. Creative-Tonies, and any Tonies or accessories sold with starter sets, aren't included.
• Shipping: it ships in your first box at no extra charge.

Setting it up. You'll set up the Toniebox with your own free tonies account and your home WiFi, following the tonies app. Your tonies account is between you and tonies GmbH. We can't see or manage it.

Using it. The Toniebox stays our property, and the rules in Our rented items stay ours apply to it. Normal wear is fine (see Caring for your Tonies and Toniebox). Don't open or modify it, and follow the manufacturer's charging and safety instructions.

If it stops working. If your rented Toniebox stops working through no fault of yours, tell us and we'll replace it at no charge.

Stopping early. To stop your Toniebox rental before your plan ends, email us at hello@tonierental.com. The rental ends at the end of the period you've already paid for: the current plan month on a Monthly plan, or the current term on a Year Pass. Toniebox rental fees follow the same refund rules as your plan (see Cancellation and refunds).

Returning it. Send the Toniebox and its charger back within 7 days after your Toniebox rental or your plan ends, using the prepaid label or mailer we provide. If it's lost, damaged beyond normal wear, or not returned in good order within 30 days after its due date, we charge that model's current price on us.tonies.com (see Loss, damage, and late returns).

If a Toniebox reaches us but is still linked to your tonies account, we'll contact you. If you remove it after we've charged you for it, let us know and we'll refund that charge.

10. Our rented items stay ours

Every Tonie and Toniebox we send is rented, not sold. Each one remains the property of Argo 34, Inc. at all times, unless ownership passes to you when you buy it (see Buying a Tonie you're renting) or after you pay a replacement fee (see Loss, damage, and late returns). Renting gives you the right to use these items only for your household's personal, non-commercial enjoyment, until their due dates.

You agree not to do any of the following, or let anyone else do them:

• sell, rent out, sublease, give away, trade, or pawn a rented item, lend it to anyone outside your household, or use it as security for a debt;
• copy, clone, rewrite, reprogram, or otherwise tamper with a Tonie's NFC chip, or try to copy, extract, or share its audio content;
• open, modify, repaint, or decorate a Tonie or Toniebox, tamper with a Toniebox's electronics or software, or remove or change any part of an item or any label or marking we've added; or
• use a rented item for any commercial purpose, such as in a business, a paid class, or an event.

If you break these rules, we may end your plan, and the replacement fee applies to any item we can no longer rent to other families as a result.

11. Buying a Tonie you're renting

Love a Tonie too much to send it back? While your plan is active, you can buy any rented Tonie that's at your home now from your private Manage my lineup page.

• Price: a flat $19 for any Tonie. You'll see the price before you pay.
• Price match: if you show us the same Tonie advertised for less, we'll match that price by giving you a discount code to use at the Keep-it checkout. We decide in good faith whether an advertisement qualifies.
• Payment: a one-time payment through Stripe Checkout, separate from your plan's recurring charges. We'll email you a receipt.
• Ownership: the Tonie becomes yours as soon as your payment succeeds. After that, you don't need to return it, and no rental terms or fees, including replacement fees, apply to it.
• Your plan: nothing else changes. Your membership continues as usual and your next swap still ships. When it arrives, keep the Tonie you bought and send back only the Tonies you're still renting.

Condition. A Tonie you buy is a previously rented item. We clean and inspect it between families, but it's sold "as is," except where the law gives you rights as a buyer.

You can't buy a rented Toniebox at this time.

12. Caring for your Tonies and Toniebox

Tonies and Tonieboxes are made to be played with, and we expect some wear. Please treat them with reasonable care:

• Keep them dry, and away from heat sources and long periods of direct sunlight.
• Don't wash them in water or put them in a dishwasher, washing machine, or microwave.
• To clean one, wipe it gently with a soft, dry or slightly damp cloth. Don't use bleach, solvents, or harsh cleaners.
• Keep them away from pets, and don't let anyone chew on them.
• Don't draw on them, paint them, or add stickers.
• Charge a rented Toniebox only as the manufacturer instructs.

Normal wear is the light wear that comes from ordinary play, such as small scuffs, minor scratches, slight fading, or light marks on a Toniebox's fabric cover. We expect it, and we never charge for it.

Damage beyond normal wear includes, for example: broken, cracked, or missing parts; bite or chew marks; deep gouges or dents; water, heat, or fire damage; ink, paint, glue, or stickers that won't come off; a Tonie chip that no longer works because of physical damage or tampering; and, for a Toniebox, a torn cover, broken ears or charging port, or damage from charging it in a way the manufacturer doesn't allow.

If a Tonie or rented Toniebox stops working with no sign of damage or tampering, that isn't your fault and won't cost you anything. Just tell us, and we'll swap or replace it.

13. Loss, damage, and late returns

We charge a replacement fee if a rented item is:

• lost or stolen while it's in your care, meaning any time after it's delivered to you and before the carrier first scans your return mailer or label;
• damaged beyond normal wear (see Caring for your Tonies and Toniebox); or
• not returned, meaning the carrier hasn't scanned it within 30 days after its due date, whether it was due after a swap, after a Toniebox rental ended, or after your plan ended. A Toniebox must also be removed from your tonies account by then.

How much. The replacement fee is $19 per Tonie. For a rented Toniebox, it's the current price of that model on us.tonies.com, or, if that model is no longer sold there, the price of the closest model that is.

Missing charger. If a Toniebox comes back without its charger, we'll ask you to send the charger. If it doesn't arrive within 30 days after the Toniebox's due date, we'll charge what it actually costs us to replace the charger, instead of the Toniebox's full price.

These fees are our reasonable estimate of what it costs to replace an item and get the replacement ready for another family. They aren't penalties, and we charge them only once per item.

How we decide. We inspect every item that comes back and decide in good faith whether any damage goes beyond normal wear. If you ask, we'll share photos of what we found. If you think we got it wrong, reply to our email or contact us at hello@tonierental.com. If we made a mistake, we'll refund the fee.

Tell us early. If a Tonie or Toniebox is lost or damaged, let us know as soon as you can rather than waiting for the deadline. That lets us settle things quickly and keep your swaps on schedule.

If you find it later. Once you've paid the replacement fee for an item that's still with you (or that turns up later), it's yours to keep: ownership passes to you when the fee is paid. We don't refund the fee if a lost item turns up later.

If a charge fails. If we can't collect a fee from your payment method, we'll ask you to pay another way. The fee remains owed until it's paid.

14. Child safety

You're responsible for how children in your care use our Tonies and Tonieboxes. You agree to:

• supervise young children while they play with Tonies and the Toniebox;
• inspect each Tonie when it arrives and before each use for cracks, sharp edges, loose or broken parts, or other damage;
• follow the manufacturer's age guidance and safety warnings for each Tonie and for your Toniebox, including its charging instructions; and
• stop using a damaged Tonie or Toniebox right away, put it out of children's reach, and tell us.

If a Tonie or Toniebox arrives damaged, that isn't your fault and it won't cost you anything. Tell us within 7 days after delivery and we'll replace it.

Rented Tonies and Tonieboxes may not come in their original retail packaging, so you might not see the manufacturer's printed warnings. You can find age and safety information on the manufacturer's website at us.tonies.com.

We clean and inspect every Tonie and Toniebox between families, but we can't guarantee that an item is free of germs, allergens, or wear. If your child has allergies or other health concerns, you may want to wipe each item before play.

15. Tonieboxes and the audio content

You need a Toniebox. Tonies play only on a Toniebox. You can use your own or rent one from us (see Toniebox rentals). If you use your own, you're responsible for setting it up and keeping it working. Classic Tonies work on every Toniebox model, but Tonieplay games need a Toniebox 2, so check that your picks work with your box.

WiFi for first play. The first time you place a Tonie on a Toniebox, the box needs a WiFi connection to download that Tonie's audio.

The audio content isn't ours. The audio linked to each Tonie is provided, hosted, and controlled by tonies GmbH and its licensors, not by us. They may change, update, or remove content at any time, and their own terms apply to Tonieboxes, the tonies app, your tonies account, and the content. We can't guarantee that any content will be available or will work at any particular time.

If content stops working. If a Tonie's audio won't play or is no longer available, tell us and we'll swap that Tonie for another one at no extra charge. Because the content is outside our control, this swap is the only remedy we offer for content problems, except where the law gives you other rights.

We aren't responsible for your own Toniebox, your WiFi or internet service, the tonies app, or your tonies account.

16. Refer-a-friend program

Everyone who visits our website, member or not, gets a personal share link: a link to our website that includes your own referral code.

How the free month works. We push your next payment date one month later, so you skip one payment while your membership continues as usual, including that month's swap. This works for Monthly plans and Year Passes; on a Year Pass, your renewal date moves one month later. Because your whole payment moves, a free month covers everything billed with your membership, including the shipping fee and any Toniebox rental. We'll email you when you earn one.

Not a member yet? If you aren't a member when your friends join, we'll apply the free months you've earned when you join.

Who counts. A friend counts toward your reward only if they:

• are a new customer, meaning they've never had a Tonie Rentals membership and don't live in your household;
• have a shipping address in the United States;
• start a paid membership with your referral code attached, which happens when they open your link and then sign up in the same browser; and
• have their first payment go through.

Each new member counts toward only one person's reward: whoever's link they opened first. If you think a friend's sign-up wasn't counted, contact us.

Reversals. If a friend's first payment is later refunded or charged back, that friend no longer counts, and we may reverse a free month that depended on them. We'll never charge you money to reverse a reward; we'll adjust your payment date or your future rewards instead.

Rewards have no cash value. Free months can't be exchanged for money and can't be transferred to anyone else.

Share fairly. Share your link personally, with people you know. The following aren't allowed, and any rewards they produce are void:

• referring yourself, including through another email address or someone in your household;
• fake accounts or sign-ups;
• spam, including bulk or unsolicited emails or text messages;
• paid ads that use the Tonie Rentals name or brand; and
• posting your link on coupon or deal websites.

When you share your link, you're the one sending the message, so please follow the law, including anti-spam and texting rules. If you share it publicly, such as on social media, mention that you can earn a free month when friends join.

Changes to the program. We may change or end the referral program at any time by updating our website, without the 30-day email notice described in Changes to this Agreement. Free months you've already earned will still be honored.

17. Trademarks and no affiliation

Tonie Rentals is an independent rental service. We are not affiliated with, endorsed by, or sponsored by tonies GmbH.

Tonies® and Toniebox® are trademarks of tonies GmbH. Character names, images, and other trademarks belong to their respective owners. We use these names, including "Tonie" in the name Tonie Rentals, only to identify the genuine products we rent.

The Tonie Rentals logo, website, and content belong to us. Please don't use them without our written permission.

18. Suspension and termination by us

We may pause your shipments or end your plan if:

• you break this Agreement, for example by not paying, not returning Tonies or a Toniebox, tampering with them, or abusing the referral program;
• we reasonably suspect fraud or misuse;
• you're abusive or threatening toward us or our team;
• we can no longer ship to your address; or
• we stop offering Tonie Rentals, a plan, or service in your area, or changes made by tonies GmbH make the service impractical to continue.

If we stop offering the service or your plan, we'll give you at least 30 days' notice by email. In other cases, we'll tell you why when we act, unless the law or an ongoing investigation prevents it.

Refunds. If we end your plan through no fault of yours, we'll refund the unused part of any period you've prepaid, prorated for the time remaining. If we end it because you broke this Agreement, no refund is due, except where the law requires one.

After your plan ends. However your plan ends, you must return all rented Tonies and any rented Toniebox by their due dates. Terms that by their nature should continue (including ownership, fees and amounts owed, disclaimers, limitation of liability, indemnity, and dispute resolution) survive the end of your plan.

19. Disclaimers

We work hard to send clean, working Tonies and Tonieboxes on time. Beyond the promises we make in this Agreement, the service and the items we rent or sell are provided "as is" and "as available."

To the fullest extent the law allows, we disclaim all other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't promise that any particular Tonie will be available, that a shipment will arrive by a certain date, that any audio content will be available or suitable for your child, or that our website will be uninterrupted or error-free.

We aren't responsible for delays or failures caused by events beyond our reasonable control, such as carrier delays, severe weather, natural disasters, supply shortages, internet or power outages, or actions by tonies GmbH.

Some states don't allow certain warranty disclaimers, so some of the above may not apply to you.

20. Limitation of liability

To the fullest extent the law allows:

• We aren't liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of enjoyment, even if we were told they were possible.
• Our total liability for all claims relating to this Agreement or the service is limited to the amount you paid us in the 12 months before the event that gave rise to the claim.

These limits don't apply to liability that can't be limited under applicable law, such as liability for fraud, gross negligence, or willful misconduct. Some states don't allow these limits, so they may not apply to you.

21. Indemnity

If someone else makes a claim against us because of something you did, you'll cover the cost. Specifically, you agree to indemnify and hold harmless Argo 34, Inc. and its owners, employees, and contractors from third-party claims, losses, and reasonable costs (including reasonable attorneys' fees) arising from:

• your breach of this Agreement;
• your misuse of, modification of, or tampering with a Tonie, its chip, or a rented Toniebox; or
• your violation of any law or of anyone else's rights, including when you share your referral link.

This doesn't apply to the extent a claim is caused by our own negligence or misconduct.

22. Resolving disputes

Talk to us first. Most problems can be fixed with an email. Before filing a claim, you agree to email us at hello@tonierental.com (or write to us at the address below) with your name, contact details, a description of the problem, and what you'd like us to do. If we have a claim against you, we'll contact you the same way. We'll both try in good faith to resolve it within 30 days after the notice is received. If it isn't resolved by then, either of us may take it further as described below.

Governing law. This Agreement is governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-law rules. This doesn't take away any protection you have under the consumer protection laws of the state where you live that can't be waived by contract.

Where claims are heard. Except for small-claims cases, any lawsuit relating to this Agreement or the service must be brought in the state or federal courts located in Nevada, and you and we consent to those courts' jurisdiction.

Small claims. Either of us may instead bring an individual claim in small claims court, either in the county where you live or in Nevada, as long as the claim qualifies.

23. Changes to this Agreement

We may update this Agreement from time to time, for example when we change how the service works or when the law changes. We'll post the new version on this page with a new "Last updated" date and version number.

If a change materially affects your rights or obligations, we'll email you at least 30 days before it takes effect. Price changes follow the notice rules in Billing and automatic payments, and the referral program can change sooner, as described in Refer-a-friend program.

If you don't agree to a change, you can cancel before it takes effect. If a material change works against you while you're partway through a Year Pass, you can cancel before the change takes effect and we'll refund the plan months you haven't used. If you keep your plan after the effective date, the updated Agreement applies from then on.

Changes never apply retroactively. A dispute that arose before a change is governed by the version in effect when it arose.

24. Notices

From us to you. We'll send notices to the email address on your plan, or post them on our website if they apply to everyone. Our automatic emails, such as confirmations, reminders, and receipts, count as notices too. An email notice counts as received on the day we send it, unless we learn it wasn't delivered.

From you to us. Email us at hello@tonierental.com. For formal legal notices, please also mail a copy to Argo 34, Inc., doing business as Tonie Rentals, 770 Mays Blvd #3558, Incline Village, NV 89451.

25. General terms

• Entire agreement. This Agreement, together with the plan details shown at checkout, is the entire agreement between you and us about the service. Our Privacy Policy explains how we handle personal information.
• Severability. If any part of this Agreement is found unenforceable, that part will be enforced as far as the law allows, and the rest stays in effect.
• No waiver. If we don't enforce a term right away, we can still enforce it later.
• Assignment. You can't transfer this Agreement to anyone else. We may transfer it as part of a merger, acquisition, or sale of our business, and we'll let you know if we do.
• Summaries and headings. The short version at the top of this page and the section headings are for convenience only; the full text controls. Words like "including" and "for example" don't limit the general statement they follow.

26. Contact us

Questions about this Agreement, your plan, or a rented item? We're happy to help.

• Email: hello@tonierental.com
• Mail: Argo 34, Inc., doing business as Tonie Rentals, 770 Mays Blvd #3558, Incline Village, NV 89451