Terms of Service
Version: 16 June 2026
Language note: This English version is provided for convenience only. The German version of these Terms (“Allgemeine Geschäftsbedingungen”) is the legally binding version. In the event of any discrepancy between the two versions, the German version shall prevail.
§ 1 Provider and Scope
(1) The provider of the service TOBY (hereinafter “TOBY” or “the Service”) is
TinyCloud GmbH, Connollystr. 8, 80809 Munich, Germany
Commercial register: Amtsgericht München (Munich Local Court), HRB 271365
Managing Director: Matthias P. Wiemann
VAT ID: DE210315748
Email: [email protected]
(hereinafter the “Provider” or “we”).
The Service is operated via the management interface at www.tobysite.com; user websites are hosted and delivered on subdomains of toby.site (format: xxx.toby.site) and, upon request, on the user’s own domains (custom domains).
(2) These Terms apply to all contracts concerning the use of TOBY concluded between the Provider and the user (hereinafter the “User” or “Customer”). They apply both to consumers (Sec. 13 of the German Civil Code, BGB) and to entrepreneurs (Sec. 14 BGB), unless expressly stated otherwise.
(3) Deviating, conflicting, or supplementary terms of the User shall not become part of the contract unless the Provider expressly consents to their applicability in text form.
§ 2 Description of Services
(1) TOBY is an AI-powered service for creating, editing, translating, and operating websites. The Service is operated via a chat interface (text and, depending on the plan, voice) and by uploading files (e.g., photos, PDF documents) or providing the URL of an existing website.
(2) Depending on the booked plan, the scope of services includes in particular:
a) AI-assisted creation and editing of website content,
b) hosting and worldwide delivery of the published website via a content delivery network,
c) a subdomain under toby.site (format: xxx.toby.site),
d) depending on the plan, connection or registration of the User’s own domain (§ 8),
e) multilingual delivery of the website (number of languages depending on the plan),
f) provision of the website content in machine-readable form (Markdown endpoints).
(3) Each website has a preview environment and a published version. Changes initially take effect only in the preview; publication takes place upon the User’s express release (which may also be given as a chat instruction).
(4) No version history: Previous editing states are not retained permanently once published or superseded. There is no entitlement to the restoration of earlier versions of the website. The preview environment serves as the control mechanism prior to publication.
(5) The specific scope of features, the plans, and the respective usage allowances (e.g., chat messages, voice minutes, uploads, number of pages, languages, publications per month) are set out in the service description on the Provider’s website applicable at the time the contract is concluded. The allowances applicable at the time of booking remain decisive for the duration of the subscription; subsequent changes to the plan catalog shall not operate to the detriment of existing subscribers.
§ 3 Use of Artificial Intelligence; Third-Party Providers
(1) TOBY generates and edits content using AI language models. AI-generated content may be erroneous, incomplete, or inaccurate. The User is obliged to review all content of their website — in particular price information, opening hours, and legally relevant information (legal notice/imprint, privacy policy, allergen labeling, and the like) — prior to publication. The User alone bears responsibility for the content of the published website.
(2) To provide the Service, the Provider uses technical service providers, currently in particular:
- Google Ireland Ltd. / Google LLC (AI models, voice mode),
- Cloudflare, Inc. (hosting, delivery, domain registration),
- Stripe Payments Europe Ltd. (payment processing).
Details of data processing are governed by the data protection information referenced in § 13.
(3) User inputs (chat messages, voice data, uploaded files) are transmitted to and processed by the aforementioned AI service providers for the purpose of providing the Service. The User must not enter or upload any content that they are not authorized to have processed.
§ 4 Conclusion of Contract; Trial Phase
(1) Registration is carried out via a Google account or an email sign-in link. Upon registration, a free-of-charge usage contract covering the trial phase comes into effect.
(2) The trial phase is strictly limited in time (currently approx. 10 minutes of active use) and serves exclusively to explore the Service. Publication of the website requires a paid subscription. There is no entitlement to a trial phase; the Provider may change the scope and availability of the trial phase at any time with effect for the future.
(3) The paid subscription is concluded upon completion of the order process (Stripe checkout) and confirmation by the Provider. The contract text is not separately stored and made available by the Provider; these Terms can be accessed on the website at any time.
(4) As part of the assisted hand-off process (“done-for-you”), the Provider or a partner may prepare a website for the User. In this case as well, the subscription contract is concluded only upon booking by the User; upon receipt of payment, the prepared website is published automatically.
§ 5 Prices, Payment, Allowances
(1) Use of TOBY beyond the trial phase is possible only under a paid subscription. The prices displayed at the time of booking apply. Unless stated otherwise, all prices include statutory value-added tax where the contract is concluded with a consumer.
(2) Billing takes place monthly in advance via the payment service provider Stripe. The User must ensure that the stored payment method is funded and valid.
(3) Each plan includes monthly usage allowances (in particular chat messages, voice minutes, file uploads, number of pages, languages, and publications). Unused allowances expire at the end of the billing period; carry-over or payout is excluded. Once an allowance is exhausted, the respective feature is unavailable until the start of the next billing period or until a plan upgrade; the published website remains unaffected and continues to be accessible.
(4) Voice mode is available only to Users with an active subscription and a remaining voice-minutes allowance.
(5) In the event of default in payment, the Provider is entitled, after an unsuccessful reminder with a reasonable grace period, to suspend access to the editor and to take the published website offline. Statutory consequences of default remain unaffected.
§ 6 Term, Termination, Consequences of Termination
(1) The subscription has a term of one month and renews automatically for successive one-month periods unless terminated by the end of the current billing period.
(2) Termination is possible at any time with effect from the end of the current billing period, in particular via the customer portal (Stripe billing portal) or via the cancellation mechanism provided on the website (Sec. 312k BGB — “cancellation button”).
(3) The right of both parties to extraordinary termination for good cause remains unaffected. Good cause exists for the Provider in particular if the User seriously or repeatedly violates § 7.
(4) Upon the termination taking effect, the published website is deactivated. The User may export their content at any time prior to the end of the contract via the publicly accessible Markdown endpoints of their website. After the end of the contract, the website data will be deleted within a period of 30 days, unless statutory retention obligations require otherwise.
(5) For domains registered by the User through the Provider, § 8 (5) applies.
§ 7 User Obligations; Prohibited Content
(1) The User is responsible for all content created and published via their account. The User must ensure that their website complies with the legal requirements applicable to them (in particular legal notice/imprint obligations, privacy policy, price indication, and industry-specific information duties).
(2) The User warrants that they hold all rights necessary in the content provided by them (texts, photos, logos, PDF documents, content of a website submitted for modernization). The modernization feature (“paste your URL”) may be used only for websites whose content the User is entitled to use — as a rule, the User’s own website.
(3) The following content is prohibited in particular, content that
a) violates applicable law (including criminal law, youth-protection law, copyright, trademark, or unfair-competition law), b) infringes the rights of third parties, c) is pornographic, glorifies violence, is discriminatory, or constitutes incitement to hatred, d) distributes malware or serves deceptive purposes (e.g., phishing), e) constitutes or serves the distribution of unsolicited advertising (spam).
(4) Any abusive use of the Service is likewise prohibited, in particular the automated mass creation of accounts or websites, the circumvention of usage allowances, and interference with the technical infrastructure.
(5) In the event of violations, the Provider is entitled, at its reasonable discretion, to remove individual content, deactivate the affected website, or suspend the account. Where reasonable, the Provider will notify the User in advance and give them an opportunity to remedy the violation. The rights under § 6 (3) remain unaffected.
(6) The User shall indemnify the Provider against all third-party claims arising from the User’s unlawful use of the Service or from infringements of rights for which the User is responsible, including the reasonable costs of legal defense. This does not apply to the extent the User is not responsible for the infringement.
§ 8 Domains
(1) Each website receives a subdomain under toby.site. There is no entitlement to a specific subdomain. The rights in the domain toby.site remain with the Provider; the subdomain is made available to the User only for the duration of the contract.
(2) Under the plans designated for this purpose, the User may connect their own domain (DNS pointing to TOBY) or have a new domain registered through the Provider.
(3) Registration is carried out via the registrar services of Cloudflare. The registration terms of the registrar and the relevant registry (e.g., ICANN policies) apply in addition. The User is obliged to provide truthful registrant data and to keep it up to date.
(4) The User is the registrant and holder of the registered domain. The domain registration included in the plan is determined by the applicable plan’s service description on the Provider’s website; special cases (premium domains, certain TLDs) may be excluded or subject to separate charges.
(5) Upon termination of the subscription, the User remains the holder of their domain. The User may transfer it to another provider. If neither a transfer nor a renewal takes place before the registration period expires, the domain may lapse without replacement; the Provider is not obliged to renew domains at its own expense after the end of the contract. The Provider will notify the User in good time of the upcoming expiry.
§ 9 Availability, Maintenance, Further Development
(1) The Provider renders the Service with the diligence of a prudent businessperson in accordance with the current state of the art. Uninterrupted availability of 100% cannot be guaranteed. In particular, maintenance work, security updates, and disruptions at third-party providers (e.g., AI services, network infrastructure) may lead to temporary restrictions.
(2) The Provider continuously develops the Service further and may change or add features, provided the contractually owed core scope (creation, editing, and operation of the website under the booked plan) is preserved. For consumers, Secs. 327 et seq. BGB (digital products) apply in addition, in particular Sec. 327r BGB regarding modifications.
§ 10 Rights in Content
(1) Content provided by the User remains the property of, or the rights therein remain vested in, the User. For the duration of the contract, the User grants the Provider the non-exclusive, worldwide rights of use required to provide the Service (in particular storage, reproduction, technical processing such as cropping and format conversion, translation, and making available to the public via the User’s website and its machine-readable endpoints).
(2) In respect of AI-generated content created within the Service (texts, layout structures, translations), the Provider grants the User a perpetual, non-exclusive right of use for purposes connected with the User’s own website and business activities, to the extent no third-party rights conflict therewith. The Provider points out that, under current law, AI-generated content may not be protectable by copyright, or only to a limited extent.
(3) The source code, design system, and infrastructure of the Service remain with the Provider; no rights therein are granted to the User.
§ 11 Right of Withdrawal for Consumers
(1) Consumers have a statutory right of withdrawal when concluding a paid subscription. The following applies:
Instructions on 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 of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (TinyCloud GmbH, Connollystr. 8, 80809 Munich, Germany, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g., by email). You may use the statutory model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
— End of the instructions on withdrawal —
(2) A model withdrawal form is provided in the order process and/or on the website.
§ 12 Warranty and Liability
(1) The statutory warranty rights apply; for contracts with consumers concerning digital products, Secs. 327 et seq. BGB apply in addition.
(2) The Provider is liable without limitation for intent and gross negligence, for damages arising from injury to life, body, or health, under the German Product Liability Act, and within the scope of any guarantee assumed.
(3) In the event of a slightly negligent breach of material contractual obligations (obligations whose fulfillment is essential to the proper performance of the contract and on whose observance the User may regularly rely), the Provider’s liability is limited to the foreseeable damage typical for this type of contract. In all other respects, liability for slight negligence is excluded.
(4) The Provider is not liable for the factual accuracy of AI-generated content to the extent the User has failed to comply with their review obligation under § 3 (1), nor for damages resulting from the loss of data to the extent the damage would not have occurred had the User carried out reasonable data backups of their own (in particular export via the Markdown endpoints). Liability under paragraph (2) remains unaffected.
(5) The foregoing limitations also apply in favor of the legal representatives, employees, and vicarious agents of the Provider.
§ 13 Data Protection
Information on the processing of personal data, including transmission to the service providers named in § 3 (2), is set out in our data protection disclosures (see Data Processors). To the extent the User processes personal data of third parties on their website (e.g., contact details), the User is itself the controller under data protection law.
§ 14 Amendments to these Terms
(1) The Provider may amend these Terms with effect for the future to the extent this becomes necessary due to changes in legislation, case law, technical developments, or market conditions, and provided the User is not unreasonably disadvantaged thereby. Prices and core contractual obligations cannot be amended unilaterally by this means.
(2) Amendments will be communicated to the User in text form at least six weeks before they take effect. If the User does not object within this period, the amendments are deemed accepted; the notification will expressly point this out. In the event of an objection, either party may terminate the subscription with effect from the date the amendment takes effect.
§ 15 Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only to the extent it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.
(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Munich, Germany.
(3) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.