1. Introduction, access to Little Stu services

Please read these Terms of Use (“Terms of Service”) carefully as they govern your use of (including access to) Little Stu’s personalized Stories and other content services, including related websites and software applications (collectively, the “Little Stu Services”) and the text, photos, music, videos, podcasts, audiobooks or other content or materials made available through the Little Stu Services (“Content”).

Provider

Little Stu
C/O: Vinplus UG
Mainstr. 3
63450 Hanau

Age and entry requirements

To use the Little Stu Services and access Content under these Terms of Use, (1) you must be 18 years of age or older, or 16 years of age or older and have your parent or guardian’s consent to the Agreement, (2) you must be legally able to enter into a binding contract with us and not be prevented from doing so by any applicable law. You also represent that all information you provide to Little Stu during registration is true, accurate and complete and you agree to keep it true at all times. Little Stu may offer the Primary User the option to allow access to the Children’s Program as part of a Premium subscription. When activating such access, the Primary User must confirm that they are the legal guardian of a user accessing the Children’s Program and that they allow the minor to use Little Stu.

Creating a Little Stu Account

You may be required to create a Little Stu account to use all or part of the Little Stu Services. Your username and password are for your personal use only and should be kept confidential. You acknowledge that you may be liable for any use of your username and password on the Little Stu Services that you authorize, as well as for any unauthorized use that you could have prevented had you exercised reasonable care. If your username or password is lost or stolen, or if you suspect that a third party has gained unauthorized access to your account, please notify our Customer Service team immediately and change your password as soon as possible.

2. Changes to the Agreement

We may occasionally make changes to the Agreement for legitimate reasons, such as to improve existing functions or features or to add new functions or features to the Little Stu Services, to implement scientific and technical advances or to make reasonable technical adjustments to ensure the functionality or security of the Little Stu Services, or for legal or regulatory reasons. If we make changes to the Agreement that may affect the ongoing contractual relationship between you and us, we will notify you in advance in an appropriate manner, as appropriate in the circumstances, for example by displaying a prominent notice, by sending you an email or by asking for your consent within the Little Stu Services. This notice will include information about the planned changes and your right to reject those changes, where to send the rejection and the consequences of not rejecting. The changes will be deemed accepted if you do not reject them within 30 days. When applying this procedure, we will not make any changes that materially affect the contractual balance between the Little Stu Services and the consideration you may have provided for them. If you no longer wish to use the Little Stu Services under the new Agreement, you may terminate your account by contacting us. If you received a trial or paid subscription through a third party, you should cancel the relevant paid subscription directly through that third party, if possible.

3. The Little Stu Services offered

3.1 ​​Options on the Little Stu Services

We offer a variety of options on the Little Stu Services. Certain options on the Little Services are offered free of charge, while other options require payment before they can be used (the “Paid Subscriptions”). We may also offer special promotions, memberships or Little Stu Services, including offers of third party products and services.

3.2 Trial Subscriptions

From time to time, we or third parties acting on our behalf may offer paid subscriptions free of charge or at a reduced price for a specific period of time on a trial basis (“Trial Subscription”). If you use the Little Stu Services via a Trial Subscription, you must agree to the additional terms and conditions for Little Stu Premium promotional offers.

3.3 Third Party Applications and Devices

The Little Stu Services may be integrated with or may interact with third party applications, websites and services (“Third Party Applications”) and third party devices (such as personal computers, mobile phones, tablets, wearable devices, speakers or other third party devices) to provide the Little Stu Services to you. These Third Party Applications and Devices may have their own terms and privacy policies, which will govern your use of such Third Party Applications and Devices. Little Stu does not guarantee the compatibility or continued compatibility of the Third Party Applications and Devices with the Little Stu Services.

4. Paid subscriptions, price changes, right of withdrawal, billing and termination of paid subscriptions

4.1 Paid Subscriptions

You may purchase a Paid Subscription directly from Little Stu or through a third party (1) by paying a subscription fee in advance on a monthly basis or during such other period as we will notify you of prior to your purchase, or (2) by making an upfront payment that will give you access to the Little Stu Services for a specific period of time (“Prepaid Period”). If you purchase a Paid Subscription through a third party, separate terms with the third party may apply to your use of the Little Stu Services in addition to this Agreement. If you purchase a Paid Subscription using a code, gift card, prepaid offer or other offer provided or sold by or on behalf of Little Stu for access to a Paid Subscription (“Codes”), you must agree to the Little Stu Card Terms of Use.

If you sign up for a Paid Subscription with a Trial Subscription, you may change your mind and cancel the Paid Subscription before it begins within the term of the Trial Subscription from the day you sign up for the relevant Little Stu Service (“Cooling-off Period”) without giving any reason, subject to the following provisions (in which case no fees will be charged for the Paid Subscription so cancelled):

If you sign up for a Trial Subscription, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial Subscription will end when your Trial Subscription expires. In this case, the Paid Subscription will begin when the Trial Subscription expires. If you do not cancel the Paid Subscription before the end of the Trial Subscription, you lose this early termination right and give Little Stu permission to charge you the agreed fee on a monthly basis until you cancel the Paid Subscription. Your other statutory or contractual termination rights under these General Terms and Conditions remain unaffected.

4.2 Price changes

Little Stu may, at its reasonable discretion, change subscription fees and other prices to offset the increased overall costs of providing the Little Stu services. The calculation of the total costs is based on, for example, the cost of content (production and licensing costs), administration costs, the cost of maintaining and operating our IT infrastructure, general overheads (sales and marketing costs, personnel costs, rent, external service providers), as well as financing costs, taxes, fees and other charges. In the event of a change in the statutory sales tax, Little Stu is entitled to adjust the subscription fees accordingly.

Little Stu may consider increasing prices if, for example, the cost of content, the cost of Little Stu’s IT infrastructure and general overheads increase, resulting in an increase in the overall cost of providing the Little Stu services.

All price changes will take effect at the earliest 30 days after Little Stu has notified you, at the start of the next billing period for your subscription. Your right of ordinary termination in accordance with Section 12 remains unaffected.

4.3 Right of withdrawal

Unless you have effectively waived your right of withdrawal, if you are resident in Germany, you have a statutory right of withdrawal as follows:

RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Little Stu, C/O: Vinplus UG, Mainstr. 3, 63450 Hanau, Germany, email: info@littlestu.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal.

To meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

To Little Stu, C/O: Vinplus UG, Mainstr. 3, 63450 Hanau, Germany, email: info@littlestu.com:

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

Ordered on ()/received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notification is made on paper)

Date

(*) Delete as appropriate

4.4 Billing and termination of paid subscriptions

Unless your paid subscription was purchased for a prepaid period, the paid subscription will continue indefinitely until terminated. On the first day of each billing period, you will be billed for the subscription fee and you pay and authorize us (or the relevant third party if you sign up through a third party) to charge your payment method the then-current subscription fee. You may cancel your paid subscription at any time by logging into your Little Stu account and following the instructions on the account page, or by clicking here and following the instructions if you purchased the paid subscription through Little Stu. If you purchased the paid subscription through a third party, you should cancel directly through the third party if possible. We may terminate your paid subscription with at least 14 days’ notice. Unless otherwise stated, any cancellation by you or Little Stu will take effect at the end of the billing period in which you or Little Stu cancels and you will be downgraded to the free service.

If you have purchased a paid subscription by using a code, your subscription will automatically terminate at the end of the period specified in the code or when the prepaid balance is insufficient to pay for the Little Stu services.

5. Rights we grant to you

Little Stu or Little Stu’s licensors are the sole owners of all rights in the Little Stu Services and the Content, respectively. We grant you a limited, non-exclusive, revocable right to use the Little Stu Services and a limited, non-exclusive, revocable right to use the Content for personal, non-commercial purposes (collectively, “Access”). This access will continue unless and until terminated by you or Little Stu in accordance with the Terms of Use. You represent and agree that you will use the Little Stu Services and the Content for your own personal, non-commercial purposes and will not redistribute or transfer the Little Stu Services or the Content.

The Little Stu Software Applications and the Content are not sold or transferred to you, and all rights to copies of the Little Stu Software Applications and the Content remain with Little Stu and its licensors even after they are installed on your personal computers, mobile devices, tablets, portable devices, speakers and/or other devices (“Devices”).

Little Stu or its licensors are the sole owners of all Little Stu trademarks, service marks, corporate logos, logos, domain names and other Little Stu brand features (“Little Stu Brand Features”). The Agreement does not grant you any rights to use Little Stu Brand Features, whether for commercial or non-commercial use.

You agree to comply with the Little Stu User Guidelines and not to use the Little Stu Services or Content or any portion thereof in any manner not expressly permitted by the Agreement. Except for the rights expressly granted to you in the Agreement, Little Stu grants you no right, title or interest in the Little Stu Services or Content.

Third-party software (such as open source software libraries) included in the Little Stu Services is provided to you under the terms of the applicable third party’s software license agreements as posted in the “Help” or “Settings” section of your desktop client or mobile client and/or on our website.

6. Content and Intellectual Property Rights

6.1 User Generated Content

Content you make available within the Little Stu Services

Little Stu users may post, upload and/or otherwise contribute content to the Little Stu Services (“User Generated Content”). For clarity, the term “User Generated Content” includes any information, materials or other content added, created, uploaded, submitted, distributed or posted by users on or to the Little Stu Services. For more information about User Generated Content or other third party content and its moderation, please see our Platform Rules, Content Actions and Intellectual Property Policy.

With respect to any User Generated Content you post on Little Stu, you represent and warrant that (1) the User Generated Content is yours or you have the right to post it, and (2) the User Generated Content, or Little Stu’s use of it as contemplated under the Agreement, does not (i) violate or infringe the Agreement, or infringe any other rights set forth in the User Guidelines, any applicable law, intellectual property rights, or any other rights of any third party, or (ii) does not imply or imply any affiliation with or endorsement of you or your User Generated Content by Little Stu or any writer, parent, artist, band, label, or other entity without the express written consent of Little Stu or such entity.

When you post or share User Generated Content or other information on the Little Stu Services, please remember that the Content and other information will be publicly available and may be used and shared by others on the Little Stu Services and across the internet, and please follow the relevant settings in your user account.

Monitoring User Generated Content

Little Stu may monitor or review User Generated Content, but has no general obligation to do so. Little Stu reserves the right to take action with respect to the availability, display and accessibility of User Generated Content where it has legitimate grounds, but will take your legitimate interests into account in doing so. For more information about Little Stu’s actions against objectionable content and content that violates Little Stu’s policies (including Little Stu’s User Guidelines and Platform Rules), as well as further details on how to report content and how to challenge content moderation, please see our Platform Rules and Content Actions Information.

6.2 Rights you grant to us

User Generated Content

In order to provide the Little Stu Services and to provide you with certain features and functionality, you must grant us certain rights in relation to your User Generated Content. This particularly applies if you choose to upload or post User Generated Content protected by intellectual property rights (such as images or photographs) on or in connection with the Little Stu Services.

For this reason, you grant Little Stu a non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, make publicly available (e.g. for performance or display), publish, translate, modify, create derivative works from and distribute your User Generated Content in connection with the Little Stu Services in any medium, whether alone or in combination with other content or materials, in any manner and using any type, process or technology, whether now known or hereafter developed, in such User Generated Content, including without limitation any content protected by intellectual property rights. This license is for the sole purpose of making the Little Stu Services available to you and other users. To the extent necessary for this purpose, we may sublicense these rights, in particular to affiliates of the Little Stu group or to providers of third-party applications linked to the Little Stu Service. Because we also use service providers to assist us in providing the Little Stu Services, you permit us to have such service providers use the User Generated Content on our behalf to the extent necessary for the aforementioned purpose. Except for the rights specifically granted herein, you retain all rights, including intellectual property rights, in User Generated Content.

You may terminate this license at any time by terminating your agreement with us, subject to the provisions of this paragraph. However, please note that we must create backup copies to maintain the operation of the Little Stu Services and for information security purposes, and that User Generated Content that you may delete may still be included in such backup copies for a limited period of time.

Feedback

If you provide feedback or ideas or suggestions to Little Stu in connection with the Little Stu Services or Content (“Feedback”), you acknowledge that the Feedback is non-confidential and you grant Little Stu the right to use your Feedback without restriction and without compensation. Feedback is considered user-generated content.

6.3 Content Experience

At Little Stu, we want to create a great and unique experience for every user. Under Recommendations on Little Stu, you can learn more about how our recommendation systems work and how and why certain content is shown to you.

In any part of the Little Stu Services, the content you access, including its selection and placement, may be influenced by commercial considerations, including the contracts between Little Stu and third parties.

Some content licensed or created by Little Stu or provided to Little Stu or otherwise made available by Little Stu (e.g. audiobook) may contain advertising. As part of the Little Stu Services, this content is made available to you as is.

6.4 Claims of Infringement

Little Stu respects intellectual property rights. If you believe that any content infringes your copyright, trademark or other intellectual property rights, please review Little Stu’s Intellectual Property Policy.

7. User Guidelines

We have established guidelines for use of the Little Stu Services to ensure that the Little Stu Services remain enjoyable for everyone (“Little Stu User Guidelines”). When using the Little Stu Service, you must comply with the Little Stu User Guidelines and all applicable laws, rules and regulations, and respect the intellectual property, privacy and other rights of others.

8. Limitations and changes to Little Stu Services

We use reasonable care and effort to keep the Little Stu Services operational and to provide you with a personalized, immersive audio experience. Before we change or discontinue any part of the Little Stu Services, we will consider your interests as a user. We may change our service offerings for good reasons, for example:

The Little Stu Services may experience temporary disruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in applicable legal or regulatory requirements.

Our goal is to continually develop and improve our Services. For this reason, we may change, suspend or discontinue (permanently or temporarily) the provision of all or part of the Little Stu Services (including certain functions, features, subscription plans and promotional offers).

Our dynamic content offering is constantly evolving and adapting to the needs of the Little Stu community. Little Stu is not obligated to make any particular content available through the Little Stu Services, and Little Stu or its respective owners may remove any particular songs, videos, podcasts, audiobooks and other content without notice.

Your right to terminate the Agreement in accordance with Section 12 shall remain unaffected.

Notwithstanding the foregoing, if you have made any payments to Little Stu in advance for any Paid Subscriptions and Little Stu permanently discontinues such Paid Subscriptions prior to the end of the Prepaid Period (defined in Section 4.1) in accordance with these Terms of Use, Little Stu will refund any prepaid fees for the Prepaid Period following discontinuance. Your user account and billing information must be up to date in order for us to refund any fees to you.

9. Brand Accounts

If you create a Little Stu account on behalf of a company, organization, legal entity or brand (a “Brand” or such account, a “Brand Account”), the terms “you” and “your” as used throughout the Agreement refer to you and the Brand.

If you create a Brand Account, you represent that you are authorized to grant all of the powers and licenses in the Agreement and bind the Brand to the Agreement.

The Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies that the Brand recommends, is recommended by, or has a commercial relationship with the users, artists, songwriters or other persons it follows, unless the Brand has separately acquired the necessary rights to do so. In addition, brands must be transparent with our users regarding their support of and compensation for artists, songwriters, users or other parties, and comply with all applicable laws, regulations and codes of conduct in engaging in the above activities.

10. Customer Service, Information, Questions and Complaints

10.1 Little Stu Support Community

The Little Stu Support Community (“Community”) provides a space for discussions and the exchange of information, tips and other materials related to the Little Stu Services. To use the Community, you must (1) have an active Little Stu account and (2) create a “Community Account” by following the instructions on the Community registration page. You represent that the information you provide when registering is true, accurate and complete and that you will keep this information current and up to date. You agree that Little Stu is entitled to reclaim or change your username if you violate the provisions of these General Terms of Use or Little Stu has reason to believe that you are violating the provisions of the General Terms of Use, taking your legitimate interests into account. In such case, Little Stu will give you advance notice to the extent appropriate. This also applies if the Agreement is terminated in accordance with its terms.

You are expressly prohibited from including any information in your profile that suggests that you are a Little Stu employee or moderator, or otherwise acting as such an employee or moderator in the course of using the Community.

The information, notices or other content of any kind posted in the Community (“Community Content”) do not constitute official support from Little Stu. For official support regarding questions about your user account or payment, please contact our Customer Support, which can be reached via our contact form. You acknowledge that the opinions expressed in the Community Content are solely the opinions of the contributors who provided such Community Content and do not represent the opinions or policies of Little Stu or any of Little Stu’s affiliates.

The Community uses a rewards program through which Little Stu, in its sole discretion, may reward users based on their overall contributions to the Community. You acknowledge that Little Stu’s decision regarding a reward is final and binding. Little Stu reserves the right to exclude individuals from participating in the rewards program. If Little Stu has already informed a user of the purchase of the reward, Little Stu may nevertheless refuse to grant the user the reward for important reasons. An important reason exists in particular in the case of manipulation in connection with the user account or in the case of violations of these General Terms of Use, in particular if it turns out that the user has provided untrue or false information. Little Stu is not liable for damages caused by technical disruptions in the community, delays or interruptions in transmission, and/or by loss or deletion of content, e.g. due to cyber attacks or malware (such as viruses, etc.).

11. Term and Termination

The Agreement will remain in effect until terminated by you or Little Stu.

The Agreement may be terminated by either Little Stu or you at any time with at least 14 days’ notice.

Little Stu may terminate the Agreement for good cause or block your access to the Little Stu Services for good cause, in particular in the event of unauthorized use of the Little Stu Services and/or the Content and/or material or repeated non-compliance with the Agreement on your part, whereby we will take your legitimate interests into account. In the event that you or Little Stu terminate the Agreement or Little Stu blocks your access to the Little Stu Services, you agree that Little Stu will only be liable to you in accordance with the provisions of Section 14. Your statutory right to terminate for good cause remains unaffected.

To find out how to cancel your Little Stu account, please contact us using the Customer Service contact form available on our About Us page.

12. Warranty

YOU AGREE THAT THE FREE LITTLE STU SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

UNLESS EXPRESSLY PROVIDED OTHERWISE, THE PROVISIONS OF THE AGREEMENT ARE NOT CONSTRUED AS A STRICT WARRANTY.

13. Limitation of Liability

Under the agreement, Little Stu is fully liable for damages resulting from intentional or negligent injury to life, body or health, as well as for other damages resulting from intent or gross negligence on the part of Little Stu or its legal representatives or vicarious agents.

To the extent that Little Stu is not fully liable in accordance with the provisions of the first paragraph, in the event of a breach of a material contractual obligation based on simple negligence, Little Stu’s liability for damages or reimbursement of expenses is limited to the typically foreseeable damage. Material contractual obligations are obligations whose fulfillment makes the proper implementation of the agreement possible in the first place and on whose fulfillment you regularly rely and may rely (cardinal obligations).

Little Stu’s liability under the applicable product liability regulations remains unaffected.

Little Stu’s liability is excluded beyond the aforementioned cases. In these cases, if you have problems or are dissatisfied with the Little Stu services, the only and exclusive remedy available to you is to uninstall the Little Stu software and stop using the Little Stu services.

We are not liable for damages resulting from loss of data if the damage could have been prevented if you had made backup copies at reasonable intervals.

14. Third Party Rights

Except as set out in this Section, the Agreement is not intended to grant any rights to anyone other than you and Little Stu, and in no event will the Agreement create any rights in favor of any third party. Furthermore, the right to terminate the Agreement, the right to withdraw from the Agreement, and the right to consent to any modification, waiver or termination of the Agreement are not subject to the consent of any other person.

If you downloaded the App from the Apple Inc. (“Apple”) App Store or if you use the App on an iOS device, you acknowledge that you have read, understood, and agreed to the following notice regarding Apple. This Agreement is between you and Little Stu only, and not with Apple. Apple is not responsible for the Little Stu Services or any content on the Little Stu Services. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Little Stu Services. In the event of any failure of the Little Stu Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the applicable App to you; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Little Stu Services. Apple is not responsible for addressing any claims you or any third party has relating to the Little Stu Services or your possession and/or use of the Little Stu Services, including (1) product liability claims, (2) claims related to the non-conformity of the Little Stu Services with any applicable legal or regulatory requirement, and (3) claims based on consumer protection or similar laws. Apple is not responsible for the investigation, defense, settlement, or discharge of any third party claim that the Little Stu Services and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Little Stu Services. Apple and Apple’s affiliates are beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country subject to a U.S. Government embargo, or in a country that has been classified by the U.S. Government as a “terrorist supporting country,” and (2) you are not listed on any U.S. Government prohibited or restricted list.

15. Severability, Waiver and Interpretation

Unless otherwise provided in the Agreement, the invalidity or unenforceability of any provision of the Agreement or any part thereof, regardless of the reason for the invalidity or unenforceability, shall not affect the validity or enforceability of the remaining provisions of the Agreement.

The failure of Little Stu or any third party beneficiary to enforce the Agreement or any provision hereof shall not constitute a waiver by Little Stu or the relevant third party beneficiary of the right to enforce the Agreement.

For the purposes of these Terms of Use, the words “in particular” and “including” and variations thereof shall be construed as if followed by the words “without limitation”.

16. Indemnification

You agree to indemnify Little Stu against all damages (including reasonable attorneys’ fees and costs) arising out of or in connection with (1) any breach by you of the Agreement; (2) any User Generated Content you post or otherwise contribute; (3) any activity you engage in on or through the Little Stu Services; and (4) any violation by you of any law or the rights of a third party. The foregoing indemnification shall not apply if you are not responsible for the breach or violation.

17. Choice of law and place of jurisdiction

Unless otherwise provided for under the mandatory law of a member state of the European Union or another country, the agreement (and any non-contractual disputes/claims arising from or in connection with it) shall be governed by German law, excluding conflict of law rules. Little Stu does not participate in dispute resolution proceedings before a consumer arbitration board for contracts to which these General Terms and Conditions apply.