Terms of Service

1. About these Terms

These Terms of Service (“Terms”) govern your use of the Totchi application and service, operated by Mindset Marvels Ltd (“Totchi”, “we”, “us”, “our”).

By creating a Totchi account, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not create an account or use the Totchi service.

Please read these Terms carefully before signing up. They include important information about your subscription, your right to cancel, the role of Apple and Google in billing, and our limitation of liability.

2. App store terms

Totchi is distributed through the Apple App Store and Google Play. In addition to these Terms, your use of the Totchi app is governed by the terms of the app store you downloaded it from.

Apple. Your licence to use the Totchi app on Apple devices is governed by Apple’s Licensed Application End User Licence Agreement (the “Apple EULA”), available at apple.com/legal/internet-services/itunes/dev/stdeula. These Terms govern your use of the Totchi service; the Apple EULA governs your licence to use the app itself. Where the two conflict in respect of that licence, the Apple EULA applies.

Google. Your use of the Totchi app on Android devices is subject to the Google Play Terms of Service.

Apple and Google are not parties to these Terms and are not responsible for the Totchi service or its content.

3. Eligibility

To create a Totchi account, you must:

• Be at least 18 years of age

• Be the parent or legal guardian of the child or children for whom you are creating the account

• Be resident in the United Kingdom

• Have a valid Apple Account or Google Account with a payment method accepted for in-app purchases

By creating an account, you confirm that you meet all of these requirements. Totchi is a service for parents and carers. Children do not register directly and cannot create their own accounts.

We reserve the right to refuse or close accounts where we have reason to believe these eligibility requirements are not met.

4. Creating an account

You must provide accurate and complete information when creating your Totchi account. You are responsible for keeping your account information up to date.

You are responsible for maintaining the security of your account credentials and for all activity that takes place under your account. If you believe your account has been compromised, please contact us immediately at [email protected].

You may create child profiles within your account for children in your care. Each child profile is associated with your parent account. You take responsibility for ensuring your use of child profiles complies with these Terms.

5. The Totchi service

Totchi is a children’s audio storytelling service designed to support children’s emotional wellbeing and optimism. A Totchi subscription gives your family access to a library of audio stories across multiple topics.

Key features of the service include:

• Access to the full Totchi audio story library for the duration of an active subscription

• Multiple child profiles under a single family subscription

• Sequential story unlocking — stories within topics are unlocked in order as children listen

• Parent-controlled topic access and age-group selection per child profile

• Offline listening — stories may be downloaded for use without an internet connection

• Background audio playback

• QR code access — each child profile has a unique QR code enabling independent access

The Totchi service is available on iPhone and iPad (iOS) and on Android devices. We aim to maintain the service on current supported versions of iOS and Android.

Totchi content is designed to support children’s emotional development and is not a substitute for professional medical or psychological advice.

6. Subscription, billing and payment

Access to Totchi requires an active paid subscription. Subscriptions are purchased and managed through the app store you downloaded Totchi from — Apple In-App Purchase on iPhone and iPad, or Google Play Billing on Android. By subscribing, you agree to the applicable app store terms in addition to these Terms.

All prices are in GBP. Subscriptions renew automatically at the end of each billing period unless cancelled. Payment is charged to your Apple Account or Google Account at confirmation of purchase and at the start of each renewal period.

Totchi does not process, store, or have access to your payment card details. All billing is handled by Apple or Google.

For full details of subscription terms including trial, renewal, and cancellation, see our Subscription Terms.

7. Free trial

New subscribers are offered a 14-day free trial before their first payment is taken. The trial begins when you confirm your subscription in the App Store or on Google Play. At the end of the trial, your subscription starts automatically and the applicable price is charged, unless you cancel before the trial ends.

You must cancel at least 24 hours before the end of the trial to avoid being charged. Free trials are available to new subscribers only — one per Apple Account or Google Account.

How to cancel on iPhone or iPad: go to Settings → [your name] → Subscriptions → Totchi, and tap Cancel Subscription.

How to cancel on Android: open the Google Play Store app → tap your profile icon → Payments & subscriptions → Subscriptions → Totchi, and tap Cancel subscription.

Totchi cannot cancel your subscription on your behalf.

8. Cancellation

You may cancel your Totchi subscription at any time. Cancellation must be done through your Apple Account or Google Account subscription settings, using the steps set out in section 7. Totchi cannot cancel subscriptions on your behalf.

You must cancel at least 24 hours before your next renewal date to avoid being charged for the next period.

Following cancellation, you will retain access to the Totchi service until the end of the billing period you have already paid for. No partial-period refunds are issued on cancellation unless required by applicable law.

9. Refunds

All subscription payments are processed by Apple or Google. Totchi is unable to issue refunds for purchases made through Apple In-App Purchase or Google Play. Refund requests must be submitted to the relevant app store:

• Apple: reportaproblem.apple.com

• Google Play: play.google.com/store/account/subscriptions

Your statutory rights as a consumer under UK law are not affected by these Terms.

10. Acceptable use

Your use of Totchi is subject to our Acceptable Use Policy, which forms part of these Terms. By using Totchi, you agree to that policy.

In summary, you agree not to: share your account credentials outside your immediate family; create multiple accounts to circumvent subscription restrictions; copy, reproduce, or distribute Totchi content; reverse engineer the app; or use the service for any unlawful purpose.

We reserve the right to suspend or terminate access to Totchi immediately and without notice if we reasonably believe you have breached these Terms or the Acceptable Use Policy.

11. Intellectual property

All content on Totchi — including audio stories, scripts, characters, brand assets, and software — is the intellectual property of Mindset Marvels Ltd or its licensors and is protected by copyright and other applicable laws.

Your subscription grants you a personal, non-exclusive, non-transferable licence to access and use Totchi content for your family’s private, non-commercial use only. You may not copy, reproduce, distribute, publicly perform, or create derivative works from any Totchi content.

Nothing in these Terms grants you any rights in Totchi’s intellectual property beyond the right to use the service as described.

12. Privacy and data

How we collect and use your personal data — and the data of your child profiles — is explained in our Privacy Policy and Children’s Privacy Notice, both of which form part of these Terms. By using Totchi, you confirm you have read and understood our Privacy Policy.

You can request account and data deletion at Delete Your Account.

13. Disclaimers and limitation of liability

13.1 Service availability

We aim to provide the Totchi service continuously and with reasonable care and skill. However, we do not guarantee that the service will be uninterrupted, error-free, or available at all times. We may suspend or withdraw the service for maintenance, updates, or reasons outside our control without liability to you, provided we give reasonable advance notice where possible.

13.2 Content

Totchi audio content is designed to support children’s emotional wellbeing and is not a substitute for professional medical, psychological, or therapeutic advice. We make no warranties about the suitability of any particular content for any particular child.

13.3 Limitation of liability

To the fullest extent permitted by applicable law, Mindset Marvels Ltd shall not be liable for any indirect, incidental, consequential, special, or punitive losses or damages arising from your use of, or inability to use, Totchi, including but not limited to loss of data, loss of income, or other economic loss.

Our total liability to you under or in connection with these Terms shall not exceed the greater of: (a) the total subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim; or (b) £100.

13.4 Exceptions

Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any liability that cannot be excluded or limited under the laws of England and Wales; or any consumer rights that cannot be waived under applicable law.

14. Termination

By you: You may close your Totchi account at any time by using the in-app account deletion feature or by visiting our account deletion page. Closing your account will permanently delete all child profiles and associated data, subject to our data retention obligations. You must cancel your app store subscription separately to stop billing.

By us: We may suspend or terminate your account at any time if you breach these Terms, with or without notice depending on the severity of the breach. Where we terminate without cause, we will give reasonable advance notice and pro-rata any unused prepaid subscription fees for the current billing period.

On termination of your account for any reason, your data will be handled in accordance with our Privacy Policy.

15. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and/or via a notice in the app at least 30 days before the changes take effect. The updated Terms will be published on this page.

If you do not agree to the updated Terms, you may close your account before the effective date. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

16. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of England and Wales.

If a dispute arises between you and Mindset Marvels Ltd, we encourage you to contact us first at [email protected] so that we can attempt to resolve it informally. We will endeavour to respond within 10 working days.

If informal resolution is not possible, any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to any mandatory consumer protection rights you may have in your place of residence.

17. Contact us

Mindset Marvels Ltd
General enquiries: [email protected]
App support: [email protected]
Data Protection Officer: Sophie Jackson — [email protected]
Post: 1 Flitchside Drive, Little Canfield, Dunmow, England, CM6 4AA
Company No.: 16339374