Terms and conditions

Last updated: September 4th, 2025.

Please read this document carefully. It contains very important information about your rights and obligations and limitations and exclusions that may apply to you. This document contains a binding arbitration clause.

Dynavox Group AB (doing business as “Tobii Dynavox” and herein referenced as such), terms and conditions (“Agreement and/or “terms”) apply to your purchase of products and/or services and support (“Product”) sold in Globally Tobii Dynavox, including its affiliates or subsidiaries. By placing an order of the Product, you accept and are bound to the terms and conditions of these terms.

These terms applies to all sales of hardware, software, digital content, subscriptions, services, and related accessories (collectively, “Products”). These Terms apply to both business customers and individual consumers to the maximum extent permitted by applicable law. These terms shall apply unless (i) you have a separate purchase agreement with Tobii Dynavox, in which case the separate agreement shall govern; or (ii) other Tobii Dynavox terms and conditions apply to the transaction.

In the event of conflict between these terms and local mandatory consumer protection laws, such laws shall prevail. These terms supersedes any prior oral or written understandings related to the purchase of Products, unless otherwise explicitly agreed in writing. Any modification or waiver of these Terms must be expressly agreed upon in writing by an authorized representative of Tobii Dynavox.

When you place an order, you make an irrevocable offer to purchase the Product. You must be at least eighteen (18) years of age, or of legal age to contract under applicable law, to place an order. Upon receiving your order, we may send an acknowledgement of receipt, but such acknowledgement shall not constitute acceptance. Acceptance of your order occurs only when we issue an Order Acceptance Email confirming shipment.

Tobii Dynavox reserves the right, in its sole discretion, to refuse or cancel any order, including after an acknowledgment has been sent, if fraudulent activity, misrepresentation, product unavailability, or regulatory restrictions are suspected. If an order is cancelled after payment, a full refund will be issued. You represent and warrant that you are purchasing the Product for lawful use and that you will not engage in any activity that circumvents territorial restrictions or applicable laws.

If you do not wish to be bound by these terms, you must notify Tobii Dynavox and return your purchase pursuant to Tobii Dynavox’s Return Policy.

• All prices are stated in the local currency of the territory of purchase and, unless otherwise indicated, exclude applicable taxes, duties, levies, and shipping charges.
• Accepted payment methods vary by region and may include major credit cards, electronic transfers, or other pre-approved means. All invoices are due upon receipt unless expressly stated otherwise in writing.
• All invoices are due upon receipt unless expressly stated otherwise in writing. Late payments may accrue interest at the statutory rate or, where not specified, at one and one-half percent (1.5%) per month. Tobii Dynavox reserves the right to suspend performance or delivery if payment is delayed.
• Tobii Dynavox reserves the right to correct pricing errors at any time, and in the event such corrections affect an order already placed, you will be notified with the option to proceed or cancel.
• Pre-orders require full payment at order time.
• Discounts, if granted, apply only to the specific transaction and may be allocated proportionally across bundled hardware, software, or services.

• Delivery terms are specified at the time of order and are subject to Incoterms 2020 unless expressly stated otherwise.
• Title to hardware Products transfers upon shipment from Tobii Dynavox’s designated facility.
• Risk of loss passes to you upon delivery to the carrier, except that for consumer purchases within jurisdictions mandating otherwise, risk passes upon your physical receipt of the Products.
• Shipping and handling charges are in addition to the purchase price unless otherwise expressly provided. Tobii Dynavox is not responsible for delays caused by carriers, customs clearance, or circumstances beyond its reasonable control.
• You are responsible for complying with all applicable import, customs, and tax obligations. Products not claimed or delivered due to your failure to comply with customs or payment obligations may be forfeited, and refunds may be reduced accordingly.

Products may only be returned in accordance with Tobii Dynavox’s Return Policy, which requires a Return Material Authorization (“RMA”). Products must be returned in original packaging or equivalent protective packaging, and in the condition in which they were received.

Tobii Dynavox will provide shipping instructions, and except where legally required or expressly stated, you bear the costs of return shipping, customs clearance, and duties. Custom-configured Products, software, digital content, and subscription services are not eligible for return unless defective under warranty. Refunds will be made to the original payment method within a reasonable time after receipt and inspection of returned Products. Refund amounts may be reduced to reflect bundled pricing, missing items, or excess wear. Nothing in this section limits your statutory rights under mandatory consumer protection laws.

Tobii Dynavox reserves the right to modify, improve, or discontinue any Product at any time without prior notice. While we strive to maintain availability and continuity of our offerings, circumstances including supply chain constraints, regulatory changes, technological developments, or strategic business decisions may necessitate modifications or discontinuations.

In the event that a Product you have ordered becomes unavailable prior to shipment, Tobii Dynavox will either provide a comparable substitute where possible or cancel the order and issue a full refund of any amounts paid. Tobii Dynavox shall not be liable for any losses, damages, or costs arising from any modification, substitution, or discontinuation of Products, except to the extent required by mandatory consumer protection law.

Tobii Dynavox provides warranties for its hardware and accessories as set forth in the applicable Warranty Statement accompanying the Product. Warranty coverage does not extend to defects arising from misuse, unauthorized modifications, accident, normal wear and tear, or external causes beyond our control. Software is licensed, not sold, and is governed by its respective End User License Agreement ("EULA") or equivalent documentation.

Warranty claims must be submitted promptly and accompanied by proof of purchase and an RMA number. Tobii Dynavox may, at its discretion, repair, replace, or refund defective Products. Replacements may be new, equivalent-to-new, or refurbished to equivalent performance standards. Warranty rights are in addition to, and do not limit, mandatory consumer rights.

Software, applications, and digital content provided with or separate from hardware are subject to their respective EULAs or subscription terms. You must comply fully with such agreements, including restrictions on copying, modification, and reverse engineering, except where such restrictions are unenforceable by mandatory law. Product functionality, including assistive features such as eye tracking, may vary depending on personal conditions, environment, and system compatibility. Product specifications are provided for general informational purposes and do not guarantee a particular outcome. Software updates, patches, and upgrades may be necessary for continued use and are your responsibility to install.

All intellectual property rights in Products, including patents, trademarks, trade names, copyrights, and trade secrets, are and shall remain the exclusive property of Tobii Dynavox or its licensors. No rights are granted other than those expressly set forth in these terms or applicable EULAs or other applicable documentation. You may not use Products for commercial purposes unless expressly licensed, nor may you use them for high-risk activities, including but not limited to life-support, critical navigation, military applications, or other contexts where malfunction could result in injury or loss of life.

You agree not to use Products for purposes that violate applicable law, nor to train or develop machine learning or artificial intelligence systems using Tobii Dynavox software or data without explicit authorization. Reverse engineering, decompilation, and disassembly are prohibited except as required by mandatory law. Export and import of Products are subject to applicable laws and restrictions.

Service and support offerings vary by territory and are subject to additional terms. Full payment must be received prior to the provision of support or service. You are solely responsible for backing up all data before service is performed, and Tobii Dynavox shall not be liable for loss, corruption, or disclosure of data. Service may be declined for Products used in violation of these terms or if evidence suggests tampering, unauthorized modification, or counterfeit parts. Repair parts may be new, refurbished, or equivalent to new.

Tobii Dynavox processes personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant laws in jurisdictions of operation.

By purchasing or using our Products, you acknowledge that personal data may be collected, processed, stored, and transferred for the purposes of fulfilling your order, providing support, improving our Products, and ensuring compliance with legal obligations. For detailed information, please review the Tobii Dynavox Privacy Notice, which is incorporated by reference into these terms. You retain all rights afforded by applicable law, including the rights of access, rectification, deletion, and objection, subject to statutory limitations.

TO THE FULLEST EXTENT PERMITTED BY LAW, TOBII DYNAVOX’S LIABILITY ARISING FROM OR RELATED TO THE PURCHASE OR USE OF PRODUCTS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM. TOBII DYNAVOX DISCLAIMS LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION, OR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Tobii Dynavox may amend these terms from time to time to reflect changes in law, business practices, or product offerings. The most current version will be published on our website and will govern all purchases following its effective date. Continued purchase or use of Products after such publication constitutes acceptance of the revised Terms.

For residents of the United States, Canada, and Mexico, these terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict of laws principles. Any disputes, claims, or controversies that cannot be resolved through amicable negotiations shall be submitted to binding arbitration in Pittsburgh, Pennsylvania, conducted under the rules of the American Arbitration Association.

For residents of the European Union, the United Kingdom, and other jurisdictions, these terms shall be governed by the substantive laws of Sweden, with any unresolved disputes referred to arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce in Stockholm, Sweden. Arbitration awards shall be final and binding upon the parties. Nothing in this section affects your statutory rights to pursue claims in small claims courts where permitted, nor does it exclude non-waivable consumer protections under applicable law. Class actions, consolidated claims, or representative proceedings are expressly prohibited to the maximum extent permitted by law.

• Entire Agreement: These terms, together with our Return Policy, Warranty Statements, Privacy Policy, and any other documents referenced herein, represents the entire understanding between you and Tobii Dynavox regarding the sale of Products. It supersedes all prior communications, proposals, or agreements, whether written or oral, on the subject matter herein.
• Severability: If any provision of these terms is held by a competent court or tribunal to be invalid, illegal, or unenforceable, the remainder shall remain in full force and effect.
• Force majeure: Tobii Dynavox shall not be liable or deemed in breach of these terms for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, labor disputes and strikes, governmental actions, regulatory changes, power failures, telecommunications interruptions, epidemics, pandemics, supply chain issues, or other unforeseeable events (“Force Majeure Event”). Tobii Dynavox will use reasonable efforts to mitigate the impact of such events. If a provision is unenforceable, remaining provisions remain effective.
• No waiver: Failure or delay by Tobii Dynavox to enforce any right or provision under these terms shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed upon in writing by an authorized representative of Tobii Dynavox.
• Third-Party Beneficiaries: There are no intended third-party beneficiaries of these terms, and nothing herein shall confer any enforceable rights upon any person or entity not a party to it.
• Notices and Communications: Notices required or permitted under these terms may be provided electronically, including by email or website postings, and such communications will satisfy any legal requirements for written notice.

For purchase, support, and general inquiries:

• US & Canada: +1 800 344 1778
• Sweden: +46 8 522 950 20
• UK & Ireland: +44 144 307 2364
• Germany, Switzerland, Austria: +49 69 2475 03425
• Norway: +47 55 551060
• China: +86 180 155 85518
• Other countries: +46 8 522 950 20 Email: legal@tobiidynavox.com

These Terms and Conditions of Sale were last updated in September 2025. Continued purchase or use of Tobii Dynavox Products following this date constitutes acceptance of these Terms, including any updates published thereafter on Tobii Dynavox’s official website.