Last updated 26 September 2026
We are Somewhat Tiger Parents Pte. Ltd., doing business as Toshi ('Company', 'we', 'us', or 'our'), a company registered in Singapore at 513 Balestier Road, Singapore 329850. Our UEN number is 202525993D.
We operate the Toshi mobile application and website (together, the 'Platform'), through which we make available: (a) our family calendar application (the 'Calendar App'), which helps you plan and organise your family's schedule and track your children's learning and development; (b) our events marketplace available at heytoshi.com/events (the 'Events Portal'), through which independent organisers list, and members of the public discover, register for, and where applicable purchase tickets to, classes, workshops, camps, and other events; and (c) The Red Pen, available at heytoshi.com/the-red-pen (the 'Red Pen'), through which independent teachers offer time-limited marking, correction, and explanation programmes, and parents and legal guardians book places in those programmes for a child. The Calendar App, the Events Portal, the Red Pen, and any other related products and services that refer or link to these legal terms are together the 'Services'. Certain capitalised terms used in these Legal Terms are defined in Section 1 below.
You may contact us by email at [email protected].
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') and Somewhat Tiger Parents Pte. Ltd., concerning your access to and use of the Services.
How you accept these Legal Terms. You agree that you have read, understood, and agreed to be bound by all of these Legal Terms when you do any of the following, whether or not you hold an Account and whether or not you are logged in:
For the avoidance of doubt, booking or paying for a Slot in a Run, or registering for or purchasing a Ticket to an Event, binds you to these Legal Terms and to our Privacy Policy from the moment your booking or purchase is confirmed, including where you did so without holding or using an Account. Where you later create an Account in order to receive a Run or attend an Event, these Legal Terms continue to apply to that booking or purchase without interruption.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Our Privacy Policy, available at heytoshi.com/privacy, is incorporated into these Legal Terms by reference and forms part of them. By accepting these Legal Terms in any of the ways described above, you also agree to our Privacy Policy and, where it says so, consent to the collection, use, and disclosure of personal information as described in it.
Supplemental terms and conditions or documents that may be posted on the Services from time to time, including any policy specific to the Events Portal, and each Run Listing published on the Red Pen, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. Where you have booked a Slot in a Run before a change takes effect, the version of these Legal Terms in force at the time of your booking governs that Run, except where a change is required by law.
You must be at least 18 years old to register an account with us (an 'Account'), to book a Slot, or to register for an Event. Persons under the age of 18 may not create an Account or contract with us directly. If you are a parent or legal guardian, you may use your own Account to add your child's activities to a shared calendar, to register your child as an Attendee for an Event or purchase a Ticket on your child's behalf as described in Section 6 (Events Portal Terms), and to book a Slot in a Run for your child as described in Section 6A (The Red Pen Terms).
We recommend that you print a copy of these Legal Terms for your records.
1. DEFINITIONS
2. OUR SERVICES
3. INTELLECTUAL PROPERTY RIGHTS
4. USER REPRESENTATIONS
5. USER REGISTRATION
6. EVENTS PORTAL TERMS
6A. THE RED PEN TERMS
7. PURCHASES AND PAYMENT
8. SUBSCRIPTIONS
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENCE
12. MOBILE APPLICATION LICENCE
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. TEXT MESSAGING (SMS)
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
In addition to other terms defined elsewhere in these Legal Terms, the following capitalised terms have the meanings given below:
"Account" means a user account registered with us to access the Services.
"Attendee" means a person who registers for, or purchases a Ticket to, an Event, including a parent or legal guardian who does so on behalf of their child.
"Calendar App" means our family calendar application, as described in the introduction to these Legal Terms.
"Concluding Video" means the single wrap-up video covering examination strategy, overall performance, or similar matters across a Run, delivered once per Slot at the end of the Run, where the Run Listing includes one.
"Content Partner" means a third party that supplies content for publication within an External Routine under a separate agreement with us.
"Correction Video" means a video recorded by a Teacher walking through the mistakes on a submitted Practice Paper, where the Run Listing includes one.
"Customer" means a person who books a Slot in a Run, whether or not that person holds an Account.
"Deliverables" means the Practice Papers, Marked Work, Correction Videos, Concluding Video, and any other items that the Run Listing states are included in a Slot.
"Event" means any class, workshop, camp, activity, gathering, or other event created and listed by an Organiser on the Events Portal.
"Events Portal" means our events marketplace available at heytoshi.com/events (and via the App), as described in the introduction to these Legal Terms.
"External Routine" means a Routine where some or all of the content is supplied by a Content Partner for publication within the Calendar App.
"Free Ticket" means a Ticket to an Event that does not require payment of a price.
"Internal Routine" means a Routine where the content and functionality (including any worksheet, practice material, or audio generated for you) are produced by us, including with the assistance of AI Products, without a Content Partner.
"Long Stop Date" means the date seven (7) days after the Run End Date.
"Marked Work" means a Teacher's marking, corrections, annotations, comments, scoring, and written feedback on Student Work.
"Merchant Account" means a merchant or 'connected' account that an Organiser establishes with Stripe in order to accept payment for Paid Tickets, as described in Section 6.7.
"Organiser" means a user who creates and publishes an Event on the Events Portal.
"Paid Ticket" means a Ticket to an Event that requires payment of a price set by the Organiser.
"Platform Fee" means the fee we charge on Paid Tickets, as set out on the Pricing Page, and, in relation to the Red Pen, the fee we charge on Slot Fees.
"Practice Paper" means a practice paper, worksheet, assignment, or other work supplied by a Teacher for completion by a Student in a Run.
"Pricing Page" means heytoshi.com/events/pricing, as updated by us from time to time.
"Private Event" means an Event that is not displayed in public search or listing results on the Events Portal and is accessible only to a person who has the direct link to it.
"Public Event" means an Event that is displayed in public search and listing results on the Events Portal.
"Red Pen" means our marking and explanation marketplace available at heytoshi.com/the-red-pen (and via the App), as described in the introduction to these Legal Terms.
"Routine" means a structured, recurring plan or system made available within the Calendar App (such as our meal-planning, spelling, 听写, or study and revision routines), which may be an Internal Routine or an External Routine.
"Run" means a time-limited programme listed on the Red Pen by a Teacher, made up of a defined set of Deliverables delivered over a defined period.
"Run Content" means, collectively, the Teacher Materials, the Student Work, and the Marked Work for a Run.
"Run End Date" means the date stated in the Run Listing by which all Deliverables for that Run are to be delivered.
"Run Listing" means the published page for a Run on the Red Pen, including its stated subject, level, Deliverables, inclusions, exclusions, dates, submission deadlines, turnaround times, price, and any Teacher notes.
"Service Improvement Purposes" has the meaning given in Section 6A.8.
"Slot" means one place in a Run for one named Student.
"Slot Fee" means the amount payable for one Slot, as stated in the Run Listing.
"Stripe" means Stripe, Inc. and its affiliates, our third-party payment processor for the Events Portal and the Red Pen.
"Student" means the one child named by the Customer for a Slot.
"Student Work" means a Practice Paper as completed by a Student and submitted through the Services, including the Student's answers, working, and handwriting, and any accompanying material submitted with it.
"Teacher" means an independent third party who lists and delivers a Run on the Red Pen.
"Teacher Materials" means the Practice Papers, Correction Videos, Concluding Video, and any notes, answer keys, guides, or other materials a Teacher supplies for a Run, but excluding Student Work.
"Ticket" means a Free Ticket or a Paid Ticket, as the context requires.
"Video" means a Correction Video or a Concluding Video.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (such as health-data regulations equivalent to the Health Insurance Portability and Accountability Act (HIPAA)), so if your interactions with us would be subject to such laws, you may not use the Services for that purpose.
The Events Portal is an online marketplace only: a website and in-app service that allows Organisers to list Events and allows members of the public to discover and register for them. We do not own, lease, or operate any physical premises at which an Event takes place, we do not organise, host, sponsor, endorse, or promote any Event, and an Event is not offered, sold, or provided by us. Section 6 sets out the specific terms that apply to the Events Portal, including our role as between Organisers and Attendees.
The Red Pen
The Red Pen is an online marketplace only: a website and in-app service that allows independent Teachers to list Runs and allows parents and legal guardians to book a Slot in a Run for a child. We do not prepare Practice Papers, do not mark Student Work, do not record Videos, and do not set, supervise, or approve any Teacher's marking standards, teaching methods, or academic judgement. The Red Pen is available across subjects and levels, and the subject, level, and content of any given Run are determined by the Teacher offering it. Section 6A sets out the specific terms that apply to the Red Pen, including our role as between Teachers and Customers.
Marking, corrections, commentary, explanations, examination tips, and other Deliverables provided through the Red Pen are provided for general educational purposes. We do not guarantee that any Run will achieve a particular learning outcome, academic result, or examination grade, and a description of a Teacher's background, qualifications, or experience describes that Teacher and is not a guarantee of outcome.
Routines
The Calendar App includes a library of Routines: structured, recurring plans and systems (such as our meal-planning, spelling, 听写, and study and revision Routines) that you can set up within your calendar. A Routine may be an Internal Routine, where the content and functionality, including any worksheet, practice material, or audio generated for you, is produced by us, including with the assistance of AI Products as described in our Privacy Policy, or an External Routine, where some or all of the content is supplied by a Content Partner under a separate agreement between us and that Content Partner.
Where a Routine is an External Routine, the Content Partner is our supplier or licensor and is not a party to these Legal Terms. Your agreement for the Services, including for any External Routine, remains with us, and we remain responsible to you for the Calendar App as a whole. Content supplied by a Content Partner is licensed to you for your personal, non-commercial, family use only, in the same way as our other Content under Section 3; you may not extract, copy, redistribute, resell, or publish Content Partner material outside the Calendar App.
Routine content, including Content Partner material and any worksheet, practice material, or audio generated for you (whether for an Internal Routine or an External Routine), is provided for general educational and informational purposes. We do not guarantee that any Routine will achieve a particular learning outcome, academic result, or examination grade, and a description of how or by whom a Routine was designed (for example, that it was designed by a named individual or organisation) describes how its content was developed and is not a guarantee of outcome.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website and app designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Content includes, for example, the category taxonomies, templates, and pricing information we make available on the Events Portal and the Red Pen.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) in Singapore and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to: (a) access the Services; and (b) download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, shared, forwarded, sold, licensed, or otherwise exploited, in whole or in part, without our express prior written permission. This restriction applies whether or not the use is for a commercial purpose, and whether or not any payment is involved.
Practice papers and other downloadable materials. Where we make a practice paper, worksheet, sample, or other material available for you to download, including free of charge, it remains our Content and is licensed to you only as set out above: for the personal, non-commercial use of a child in your own household. In particular, you must not:
Providing your email address or a code in order to download a material does not give you any right beyond this licence.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [email protected]. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand (a) the rights you give us and (b) the obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in that Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
Contributions: The Services, including the Events Portal, may invite or permit you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, music, graphics, Event listings, Event descriptions and images, comments, reviews, ratings, suggestions, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Services and, for a Public Event, by members of the public who are not registered users.
When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels, and includes our use of your name, your child's name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.
Run Content is excluded from this section. For the avoidance of doubt, Run Content is not a Submission and is not a Contribution for the purposes of these Legal Terms, and nothing in this Section 3 assigns to us, or grants us any licence over, any Run Content. Ownership of, and rights to use, Practice Papers, Student Work, Marked Work, and Videos are governed exclusively by Sections 6A.6, 6A.7, 6A.8, and 6A.9. Where you send us a question, comment, or feedback about a Run that does not itself contain Student Work or Marked Work, that message is a Submission and this Section 3 applies to it in the ordinary way.
You are responsible for what you post or upload. By sending us Submissions and/or posting Contributions, you:
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content: although we have no obligation to monitor any Contributions, we have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider them harmful or in breach of these Legal Terms. If we do so, we may also suspend or disable your Account and report you to the authorities.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; (7) your use of the Services will not violate any applicable law or regulation; (8) if you create an Event as an Organiser, you additionally represent and warrant each of the matters set out in Section 6.4; and (9) if you book a Slot in a Run, you additionally represent and warrant each of the matters set out in Section 6A.3.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register for an Account to use the Services. A single Account may be used to access the Calendar App, the Events Portal, and the Red Pen, whether as an Organiser, an Attendee, a Customer, or any combination of these. You agree to keep your password confidential and will be responsible for all use of your Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.
You may book and pay for a Slot in a Run without an Account, but you must hold and use an Account in order to receive the Deliverables for that Run and to submit Student Work, as set out in Section 6A.3.
This Section 6 contains additional terms that apply specifically to your use of the Events Portal, whether as an Organiser, an Attendee, or both. These terms are in addition to, and not in place of, the rest of these Legal Terms, which continue to apply. If there is any conflict between this Section 6 and any other part of these Legal Terms as it relates to the Events Portal, this Section 6 will prevail.
6.1 Our Role: An Online Marketplace, Not an Organiser or Venue
The Events Portal is an online marketplace: a website and in-app service that enables Organisers to list Events and enables members of the public to discover, register for, and where applicable pay for, those Events. We are a technology platform only. We do not own, lease, manage, or otherwise control any physical premises, venue, or location at which an Event is held, whether or not that location is named in an Event listing. We are not the organiser, host, sponsor, promoter, or insurer of any Event, and we are not a party to any contract formed between an Organiser and an Attendee for an Event, which is formed directly between them. Except for our own limited role in operating the Events Portal and, for Paid Tickets, facilitating payment collection through Stripe as described in Section 6.6, we have no control over, and assume no responsibility for: (a) whether an Event takes place as scheduled, at all, or in the manner described; (b) the quality, safety, legality, or suitability of any Event, including the physical premises at which it is held; (c) the accuracy of any Event listing; or (d) the conduct of any Organiser or Attendee, whether on the Events Portal or at an Event.
6.2 Eligibility to Organise or Register
Only a holder of an Account may create an Event or register as an Attendee. As set out in the introduction to these Legal Terms, you must be at least 18 years old to hold an Account. Where an Event is suitable for, or directed at, children, a child may attend or be registered as an Attendee only through the Account, and under the supervision, of their parent or legal guardian. We do not permit a person under 18 to hold an Account or to organise an Event in their own name.
6.3 Public and Private Events
When creating an Event, an Organiser may choose to make it a Public Event, which is displayed in search and listing results on the Events Portal and may be viewed by any visitor, or a Private Event, which is not displayed in search or listing results and is accessible only to a person who has the direct link to it. An Organiser is solely responsible for controlling and limiting the distribution of the link to a Private Event; we are not responsible if a Private Event link is shared, forwarded, or otherwise made available by an Organiser, an Attendee, or any third party beyond the audience the Organiser intended.
6.4 Creating and Listing an Event
When you create and publish an Event, whether Public or Private, you represent, warrant, and agree that:
We may, but are not obliged to, review, moderate, or remove any Event listing at our discretion, including where we consider it may breach these Legal Terms or expose us, an Attendee, or any third party to risk. We do not vet, endorse, or guarantee any Organiser or Event, whether or not we have reviewed or approved its listing.
6.5 Information Collected on Registration
When an Attendee registers for or purchases a Ticket to an Event, we always disclose the Attendee's Toshi username, mobile phone number, and email address to the Organiser, as this information is associated with the Attendee's Account and is necessary for the Organiser to administer the Event and communicate with the Attendee about it. An Organiser may configure additional fields in its registration form to collect further information reasonably necessary for the Event (for example, dietary requirements, emergency contact details, or the name and age of a child attending). By registering for an Event, an Attendee consents to their information being collected and disclosed as set out in that Event's registration form.
An Organiser must only request information that is reasonably necessary for the Event, must handle any personal information it collects in accordance with applicable data protection law (including Singapore's Personal Data Protection Act 2012), and must not use an Attendee's information for any purpose other than administering the Event and communicating with the Attendee about it, unless the Attendee has separately and clearly consented. When an Organiser receives an Attendee's information through the Events Portal, the Organiser does so as an independent controller of that information and not as our processor or on our behalf; we are not responsible for an Organiser's collection, use, storage, or disclosure of that information. Further detail is set out in our Privacy Policy.
6.6 Tickets, Pricing, and Payment
An Organiser sets its own Ticket types, prices, and capacity for each Event, which may include Free Tickets, Paid Tickets, or both. Where an Event offers a Paid Ticket, payment is processed by Stripe, our third-party payment processor, and not by us. When an Attendee pays for a Paid Ticket, Stripe processes the payment and deducts its own processing fees, remits our Platform Fee (as set out on the Pricing Page, which may vary depending on the Organiser's subscription tier) to us, and pays the remaining balance to the Organiser's Merchant Account. We do not receive, hold, or have access to the Ticket price beyond our Platform Fee, and we do not act as trustee, escrow agent, or fiduciary for, and do not hold on trust, any part of a Ticket price payable to an Organiser.
Prices are shown in the currency indicated on the relevant Event listing or the Pricing Page. Save as expressly stated otherwise, all fees and prices are exclusive of any Goods and Services Tax or other applicable tax, which is the Organiser's responsibility to determine and account for in respect of its Ticket sales.
6.7 Merchant Accounts and Verification
Before an Organiser can accept payment for a Paid Ticket, the Organiser must create, and connect to their Account, a Merchant Account with Stripe. Creating a Merchant Account is free of charge to the Organiser. As an independent, regulated payment institution, Stripe will conduct its own identity verification and 'know-your-customer' checks on the Organiser before enabling the Merchant Account to receive payments, in accordance with Stripe's own terms and policies (including the Stripe Connected Account Agreement, as made available by Stripe from time to time), which the Organiser must separately review and accept. We do not perform these checks ourselves, do not control Stripe's decision to approve, restrict, suspend, or close a Merchant Account, and are not responsible for any such decision or for any delay, error, or loss arising from Stripe's processing of a payment or verification.
6.8 Events Pro Subscription
We may offer a paid subscription tier for Organisers (currently marketed as 'Events Pro') that unlocks additional features and, as set out on the Pricing Page, a reduced Platform Fee on Paid Tickets. An Events Pro subscription is billed in accordance with Section 8 (Subscriptions) below.
6.9 Cancellations, Postponements, and Refunds
Each Organiser is solely responsible for setting, disclosing, and honouring its own policy on cancellations, postponements, changes, and refunds for its Events, and should state that policy clearly on the Event listing. We are not obliged to issue, or to compel an Organiser to issue, a refund of any Ticket price. Where an Event is cancelled, postponed, materially changed, or does not take place as described, any right an Attendee may have to a refund of the Ticket price is a matter between the Attendee and the Organiser, save to the extent a refund is required under applicable consumer protection law. We may, at our discretion, assist in facilitating communication between an Attendee and an Organiser regarding a refund request, or refund all or part of a Platform Fee, but doing so on one occasion does not obligate us to do so again.
6.10 Attendee Conduct and Assumption of Risk
Attending an Event, including any Event involving physical activity, travel, food or beverages, equipment, or interaction with other attendees or children, carries inherent risks. To the fullest extent permitted by law, you attend, and permit any child in your care to attend, an Event at your own risk, and we are not liable for any injury, loss, damage, or expense suffered by you or that child in connection with an Event or an Organiser's conduct. Nothing in these Legal Terms excludes or limits our liability for death or personal injury caused by our own negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
6.11 Organiser Indemnity
In addition to your obligations under Section 22 (Indemnification), if you are an Organiser, you agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal costs, arising out of or in connection with: (a) your Event, including its cancellation, postponement, or the manner in which it is conducted; (b) any injury, loss, or damage suffered by an Attendee or any third party at or in connection with your Event; (c) your breach of Section 6.4 or 6.5; or (d) any dispute between you and an Attendee, including in relation to a refund.
6.12 Removal and Suspension
We may, at our discretion and without liability to you, remove or unpublish any Event listing, decline to process a payment, or suspend or terminate an Organiser's or Attendee's access to the Events Portal, including where we consider that an Event or a user's conduct breaches these Legal Terms, applicable law, or poses a risk to any person, to us, or to Stripe's payment services.
This Section 6A contains additional terms that apply specifically to your use of the Red Pen as a Customer. These terms are in addition to, and not in place of, the rest of these Legal Terms, which continue to apply. If there is any conflict between this Section 6A and any other part of these Legal Terms as it relates to the Red Pen, this Section 6A will prevail. Separate terms apply between us and each Teacher; you are not a party to those terms and they do not give you any rights against a Teacher beyond those you have at law.
6A.1 Our Role: An Online Marketplace, Not a Teacher or Tuition Provider
The Red Pen is an online marketplace: a website and in-app service that enables independent Teachers to list Runs and enables parents and legal guardians to book a Slot in a Run for a child. We are a technology platform only.
We do not prepare, select, or supply Practice Papers. We do not mark Student Work. We do not record Videos. We do not set, supervise, direct, review, or approve any Teacher's marking standards, teaching methods, corrections, commentary, explanations, examination tips, or academic judgement. We are not a school, tuition centre, or education provider, and we do not hold ourselves out as one.
The contract for the delivery of a Run is formed directly between you and the Teacher. Our contract with you is for the operation of the Red Pen, for facilitating your booking and payment, and for the remedies expressly set out in Section 6A.13.
6A.2 Eligibility
You must be at least 18 years old to book a Slot. You must be the parent or legal guardian of the Student, or be authorised by the Student's parent or legal guardian to book on their behalf and to give the consents in Section 6A.8. A person under 18 may not book a Slot, hold an Account, or contract with us directly. A Student participates in a Run only through the Account of, and under the supervision of, their parent or legal guardian.
6A.3 Booking, Accounts, and Slots
(a) Booking without an Account. You may book and pay for a Slot without holding or using an Account. Your booking is confirmed when payment is received and we confirm it, and you are bound by these Legal Terms and our Privacy Policy from that moment.
(b) An Account is required to receive a Run. All Deliverables are delivered through the Services, and all Student Work is submitted through the Services. You must hold an Account, and must use it, in order to access and download Practice Papers, submit Student Work, and access Marked Work and Videos. A single Account gives you access to the Calendar App, the Events Portal, and the Red Pen.
(c) Your responsibility to obtain and maintain access. It is your responsibility to create your Account, verify it, and confirm that you can access it before the Run begins, and to provide and monitor a valid email address. Failure to create an Account, loss of access to an Account, an unmonitored, mistyped, or out-of-date email address, or our notifications being filtered or blocked by your email provider, are not grounds for a refund, an extension of any deadline, or a claim under Section 6A.13.
(d) A Slot is for one Student. Each Slot is for one named Student. You must name the Student at or before the start of the Run. Deliverables are prepared for that Student, and a single Slot may not be used for, shared with, split between, or transferred to any other child, including a sibling.
(e) No limit on the number of Slots. There is no cap on the number of Slots you may book in a Run or across Runs, subject to availability. If you wish to enrol more than one child, or to obtain more than one place for the same child, you must book a separate Slot for each. A Slot may not be resold or transferred to another person without our consent.
(f) Your representations. By booking a Slot you represent, warrant, and agree that: you meet the eligibility requirements in Section 6A.2; the information you provide about yourself and the Student is true, accurate, and complete; you have read the Run Listing in full; you have authority to agree to these Legal Terms on the Student's behalf and to give the consents in Section 6A.8; and any Student Work you submit is the Student's own work and does not infringe the rights of any third party.
6A.4 The Run Listing is the Specification
(a) The Run Listing sets out what a Slot includes. It forms part of the contract between you and the Teacher and between you and us, and you should read it in full before booking. Where anything in the Run Listing conflicts with a general description of the Red Pen elsewhere on the Services or in any marketing material, the Run Listing prevails.
(b) What is included is what is listed. A Slot includes only the Deliverables stated in the Run Listing, in the stated quantities, formats, and durations, for example the number of Practice Papers, the maximum length of each Video, and the number of Videos. Anything not stated in the Run Listing is not included.
(c) Teacher discretion within a Deliverable. Where a Run Listing states a maximum duration for a Video, the Teacher decides, using their professional judgement, which mistakes, questions, or topics to cover within that duration and in what depth. Where a Student's work contains more mistakes than can be covered within the stated duration, the Teacher will prioritise those they consider most important and will not cover every mistake. A Video that does not address every question, every mistake, or a particular question you were interested in has still been delivered in accordance with the Run Listing and is not a failure to deliver.
(d) Marking judgement. Marking, scoring, corrections, and commentary reflect the Teacher's own professional judgement. A difference of opinion about a mark, a correction, an approach to a question, or the standard applied is not a failure to deliver.
(e) Changes to a Run Listing. We or the Teacher may correct errors in a Run Listing. Where a Run Listing is changed in a way that materially reduces the Deliverables after you have booked, we will notify you, and you may cancel your Slot for a full refund of the Slot Fee by notifying us within seven (7) days of that notice.
6A.5 Your Responsibilities During a Run
You agree that:
(a) you will ensure the Student completes each Practice Paper and that Student Work is submitted through the Services by the submission deadline stated for that Practice Paper;
(b) you will submit Student Work in the format required by the Run Listing or the Services, completely and legibly scanned, and you will not submit photographs where a scan is required, files that are unreadable or corrupted, incomplete submissions, or work that is not the Student's own;
(c) you will not contact a Teacher about a Run, or send or receive Run Content, outside the Services, except through a support channel we operate;
(d) you accept that a Teacher's stated turnaround time runs from the stated submission deadline for a Practice Paper, and not from the time at which Student Work is actually submitted; and
(e) you accept that if Student Work is submitted late, submitted in an unusable form, or not submitted at all, the Teacher may mark it late, may deliver a reduced set of Deliverables in respect of that Practice Paper, or may be unable to deliver the Correction Video or other Deliverables for it. Where this occurs because of your act or omission, no refund, credit, or other remedy is available, and Section 6A.13 does not apply.
6A.6 Teacher Materials
(a) Ownership. All Teacher Materials belong to the Teacher who supplied them, or to the third party from whom that Teacher has licensed them. Nothing in these Legal Terms transfers to you any ownership of any Teacher Materials.
(b) Your licence. Subject to your compliance with these Legal Terms and to payment of the Slot Fee in full, you are granted a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access, view, download where the Services permit, and print Teacher Materials, solely for the Student's own use in the Run you booked and solely for that Student's personal educational purposes. That licence ends when your access period under Section 6A.10 ends.
(c) No other use. You must not use Teacher Materials for any other purpose, whether commercial or personal. Section 6A.9 sets out what this means in practice.
(d) Complaints about Teacher Materials. If you believe that any Teacher Materials infringe your rights or the rights of any third party, please contact us at [email protected] and we will deal with the matter under our usual notice and takedown process.
6A.7 Student Work and Marked Work
(a) Student Work remains yours. As between you and us, you and the Student retain ownership of any intellectual property rights subsisting in Student Work. We do not claim ownership of Student Work.
(b) Marked Work belongs to the Teacher. Marking, corrections, annotations, commentary, and feedback are the Teacher's own work and belong to the Teacher. Where Marked Work is delivered to you as a single document combining Student Work and the Teacher's marking, your right to use that document is the licence granted in Section 6A.6(b), and the restrictions in Section 6A.9 apply to it in full.
(c) Licence you grant to us. You grant to us, and to our successors and assigns, a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, transferable, and perpetual licence to host, store, copy, transmit, display, reformat, adapt, analyse, and otherwise use Student Work and Marked Work:
(i) to deliver the Run, including by making Student Work available to the Teacher and making Marked Work available to you; (ii) for internal quality assurance, moderation, dispute handling, safety, and fraud prevention; (iii) for the Service Improvement Purposes set out in Section 6A.8; and (iv) where required or permitted by law.
(d) Scope. The licence in Section 6A.7(c) is a licence and not a transfer of ownership, and it does not permit us to publish Student Work or Marked Work in a form from which you or the Student can reasonably be identified. You confirm that you have the authority to grant that licence on the Student's behalf.
(e) Teacher rights. Our right to use Marked Work for the purposes in Section 6A.7(c) is granted to us separately by the Teacher under our agreement with that Teacher. Nothing in this Section gives you any right to license, sublicense, or authorise the use of Marked Work by any person.
6A.8 Data and Service Improvement Purposes
(a) What Service Improvement Purposes means. "Service Improvement Purposes" means developing, operating, evaluating, testing, and improving the Services and any current or future Toshi product or feature, including without limitation: training, fine-tuning, evaluating, and improving machine learning and artificial intelligence models; developing automated or assisted marking, feedback, explanation, and recommendation features; building question banks, error taxonomies, difficulty models, and benchmarks; generating statistics, insights, research, benchmarks, and published reports on learning, assessment, and education trends; and personalising or adapting the Services for you or for other users.
(b) De-identified and aggregated data. We may convert Student Work, Marked Work, and information about how the Services are used into de-identified or aggregated form, meaning a form from which neither you nor the Student can reasonably be identified, and may use, retain, disclose, publish, and commercialise that de-identified and aggregated data for any lawful purpose, including without limitation the Service Improvement Purposes, without restriction and without any obligation to you.
This includes, without limitation, publishing aggregated findings, statistics, research, and reports, whether free or paid, and whether for our own purposes or for or with third parties, provided that nothing published under this Section identifies you, the Student, the Student's school, or any individual item of Student Work. This right is perpetual and survives the end of the Run, the closure of your Account, and the termination of these Legal Terms. De-identified and aggregated data is not personal data and is not subject to any request for deletion of personal data.
(c) Identifiable data. Where we use Student Work or Marked Work in a form from which the Student could reasonably be identified, we will do so only for the purposes set out in Sections 6A.7(c)(i), (ii), and (iv), and for the Service Improvement Purposes to the extent permitted by the Personal Data Protection Act 2012 and our Privacy Policy. We will not publish, sell, or otherwise make publicly available Student Work or Marked Work in a form from which the Student can reasonably be identified.
(d) Consent. By booking a Slot and by submitting Student Work, you consent, on your own behalf and on behalf of the Student, to the collection, use, and disclosure of Student Work, Marked Work, and related personal data for the purposes set out in this Section 6A.8 and in our Privacy Policy. You confirm that you are the parent or legal guardian of the Student, or are otherwise authorised to give that consent on the Student's behalf.
(e) No marketing use in identifiable form without separate consent. We will not use Student Work or Marked Work in a form from which the Student can reasonably be identified in any advertising, marketing, or promotional material unless you give us separate, specific consent at the time. For the avoidance of doubt, this Section 6A.8(e) does not restrict our use or publication of de-identified or aggregated data under Section 6A.8(b).
(f) Withdrawing consent. You may withdraw your consent to the use of identifiable personal data for the Service Improvement Purposes by contacting us at [email protected]. Withdrawal takes effect prospectively only, does not affect anything already lawfully done before withdrawal, and does not extend to de-identified or aggregated data under Section 6A.8(b). Where withdrawal makes it impossible for us or the Teacher to deliver a Run, we may cancel your Slot, and Section 6A.13 does not apply to that cancellation.
(g) Retention. We retain Run Content for as long as is necessary for the purposes set out in this Section and in our Privacy Policy, and for as long as we are required to retain it by law.
6A.9 Restrictions on Run Content
Run Content is provided to you for the use of one Student in one Run. You must not, and must not permit any other person to:
(a) copy, reproduce, republish, upload, post, transmit, distribute, share, sell, licence, rent, lend, or otherwise make available any Run Content to any person outside your immediate household, whether for payment or free of charge, and whether for a commercial purpose or a personal one;
(b) share Run Content with another parent, another student, a tuition centre, a tutor, a school, a study group, a class or parent chat group, a file-sharing service, a forum, or any similar channel;
(c) post, upload, or publish any Run Content, including any Video, any Practice Paper, and any Marked Work, on any social media platform, video platform, website, blog, application, or other public or semi-public channel, in whole or in part, including as a clip, a screenshot, a screen recording, or a story;
(d) record, screen-capture, re-record, or download other than where the Services expressly permit it, circumvent any access control, or remove or obscure any watermark, credit, or proprietary notice on any Run Content;
(e) use Run Content to train, fine-tune, evaluate, prompt, or otherwise provide input to any artificial intelligence or machine learning model or service, or submit Run Content to any such service;
(f) use Run Content to create, compile, or contribute to any question bank, answer key, revision resource, course, tuition programme, or other product or service;
(g) use Run Content for any commercial purpose, including tutoring, teaching, or coaching any child other than the Student; or
(h) share your Account credentials, or permit any other person to use your Account to access Run Content.
These restrictions continue to apply after the Run ends and after your access period under Section 6A.10 ends.
A breach of this Section 6A.9 is a material breach of these Legal Terms. We may suspend or terminate your Account without notice and without refund in accordance with Section 15, and you remain liable to us and to the Teacher for any loss caused. Where a Teacher's rights are infringed, that Teacher may also bring a claim against you directly.
6A.10 Access Period
Unless the Run Listing states otherwise, Deliverables remain accessible through your Account until ninety (90) days after the Run End Date, after which we may remove them without notice and without liability. Videos may be made available for viewing only and need not be downloadable. You should download and save anything you wish to keep, within the scope of your licence under Section 6A.6(b), before the access period ends. We do not undertake to host, back up, or restore Run Content, and Section 23 applies.
6A.11 Payment
(a) The Slot Fee is payable in full at the time of booking. A Slot is not confirmed until payment is received.
(b) Prices are as stated in the Run Listing at the time of booking, in the currency shown. Section 7 applies to the mechanics of payment.
(c) If you initiate a chargeback or payment dispute in respect of a Slot other than where you have a valid claim under Section 6A.13, that is a breach of these Legal Terms. We may suspend or terminate your Account, recover the disputed amount together with any fees we incur, and decline to accept future bookings from you.
6A.12 No Refunds
(a) The general rule. All Slot Fees are non-refundable. By booking a Slot, you confirm that you have read the Run Listing and understand what is and is not included.
(b) In particular, no refund is available where: the Student is unwell, injured, away, busy, or otherwise unable to complete a Practice Paper or meet a submission deadline; you or the Student change plans; you booked the wrong Run, the wrong level, or the wrong subject; you change your mind; you are dissatisfied with a Teacher's marking, teaching style, commentary, accent, language, handwriting, video production quality, or professional judgement; the Student's results, grades, or performance do not improve; you did not create or access an Account; you did not read the Run Listing; or you did not submit Student Work on time or at all.
(c) Discretionary transfer. We may, entirely at our discretion and subject to availability, transfer an unused Slot to a future Run. This is a goodwill gesture and not a right. It may be refused for any reason, may be offered subject to conditions, is normally offered once only, may require payment of any difference in price, and does not convert into a refund if a suitable future Run does not become available.
(d) Statutory rights. Nothing in this Section 6A.12 excludes or limits any right you may have under the Consumer Protection (Fair Trading) Act 2003 or any other law that cannot be excluded.
6A.13 Non-Delivery and the Delivery Remedy
This Section 6A.13 sets out your sole remedy against us where a Run is not delivered.
(a) Non-Delivery. A Deliverable is "Not Delivered" if it has not been made available to you through the Services by the Long Stop Date.
(b) Late delivery is not Non-Delivery. A Deliverable made available after the turnaround time or date stated in the Run Listing, but on or before the Long Stop Date, has been delivered. Late delivery, on its own, does not entitle you to a refund, a credit, or any other remedy, however inconvenient the delay. This applies even where the delay means that a Deliverable arrives after an examination or other date that mattered to you.
(c) No remedy where the cause is yours. A Deliverable is not Not Delivered where the reason it was not delivered is, wholly or partly, that you or the Student did not submit Student Work, submitted it late, submitted it in an unusable or incomplete form, did not create or access an Account, withdrew consent under Section 6A.8(f), or otherwise did not do something required of you under Section 6A.5.
(d) What you are entitled to. Where a Deliverable is Not Delivered and Section 6A.13(c) does not apply, you are entitled to a remedy equal to the portion of the Slot Fee allocated to that Deliverable, as follows:
| Deliverable | Portion of the Slot Fee |
|---|---|
| Each Practice Paper made available | 4% |
| Each set of Marked Work returned | 8% |
| Each Correction Video delivered | 16% |
| Concluding Video delivered | 16% |
The allocation above is calculated for a standard Slot comprising three Practice Papers, three sets of Marked Work, three Correction Videos, and one Concluding Video, and totals 100%. Where a Run's Deliverables differ from that set, the Run Listing will state the allocation applicable to that Run, and that allocation applies instead. The total remedy under this Section can never exceed the Slot Fee you actually paid.
(e) Form of the remedy. We will provide the remedy as Toshi credit, valid for twelve (12) months and usable across the Red Pen, the Events Portal, and the Calendar App, or, at our election, as a refund to your original payment method. Where every Deliverable in a Slot is Not Delivered, we will refund the Slot Fee in full to your original payment method.
(f) How to claim. You must notify us at [email protected], identifying the Run, the Slot, and the Deliverables you say were Not Delivered, within fourteen (14) days after the Long Stop Date. A claim made after that period is waived.
(g) Sole remedy. This Section 6A.13 is your sole and exclusive remedy against us in respect of the non-delivery, late delivery, incomplete delivery, or defective delivery of a Run or any Deliverable, and is in place of any other claim in contract, tort, or otherwise.
6A.14 Changes, Substitution, and Cancellation by Us
(a) Schedule changes. We or the Teacher may adjust submission deadlines, turnaround times, and the Run End Date for operational reasons, and we will give you reasonable notice. A reasonable adjustment of this kind does not entitle you to a refund and is not Non-Delivery, and the Long Stop Date moves with any change to the Run End Date.
(b) Teacher substitution. If a Teacher becomes unable or unwilling to complete a Run, we may arrange for another suitably qualified Teacher to complete it. A substitution is not Non-Delivery and does not entitle you to a refund, provided that the Deliverables stated in the Run Listing are delivered.
(c) Cancellation by us. We may cancel a Run, or a Slot, before or during a Run. Where we do so and the cancellation is not the result of your breach, we will refund the portion of the Slot Fee allocated under Section 6A.13(d) to Deliverables not yet delivered. That refund is your sole remedy in respect of the cancellation.
(d) Minimum numbers. Unless the Run Listing states otherwise, a Run proceeds regardless of how many Slots are filled.
6A.15 Teachers Are Independent Contractors
(a) Each Teacher is an independent third party. No Teacher is an employee, worker, agent, partner, or representative of Toshi, and nothing in these Legal Terms or in the manner in which a Run is presented on the Services creates any such relationship. A Teacher determines their own materials, marking standards, methods, professional judgement, and, within the parameters of the Run, their own schedule.
(b) We are not responsible for, and give no warranty in respect of, the acts, omissions, conduct, statements, qualifications, competence, marking accuracy, teaching quality, or professional judgement of any Teacher.
(c) Nothing in this Section prevents us from setting standards that a Teacher must meet in order to list on the Red Pen, from moderating or removing a Run, or from suspending or removing a Teacher. Our doing so does not make us responsible for a Teacher's delivery of a Run.
6A.16 What We Check, and What We Do Not
(a) Before a Teacher lists a Run, we carry out a basic review of that Teacher, which may include reviewing information and documents the Teacher provides about their identity, teaching background, and experience, reviewing sample material, and conducting an interview or call. The extent of that review is a matter for us and may vary between Teachers.
(b) We do not independently verify every claim a Teacher makes about themselves. We do not audit, supervise, review, or approve Teacher Materials, marking, corrections, commentary, or Videos before they reach you. We do not verify that Teacher Materials are original to the Teacher or that the Teacher holds the rights to them, and we rely on the Teacher's own warranties and indemnities in that respect. We do not conduct criminal record checks unless the Run Listing states that we have.
(c) Nothing we do under Section 6A.16(a) is a guarantee, endorsement, warranty, or recommendation of any Teacher, any Run, or the quality, accuracy, or suitability of anything a Teacher delivers.
6A.17 No Outcome Guarantee
The Red Pen is an educational service. We make no representation, warranty, or guarantee that a Run will improve a Student's grades, marks, results, examination performance, understanding, confidence, or learning, or that any Teacher's marking, corrections, commentary, explanations, or examination tips are accurate, complete, suitable for the Student, aligned to any syllabus or examination board, or reflective of the standards that any school or examining authority will in fact apply. Any examination tips, predictions, question tendencies, or patterns a Teacher shares are that Teacher's opinion only. You are responsible for deciding whether a Run is suitable for your child.
6A.18 Off-Platform Dealings
(a) You must not, for twelve (12) months after the end of a Run, engage or attempt to engage a Teacher to whom you were introduced through the Red Pen for marking, tutoring, teaching, or similar services outside the Services, or solicit or encourage a Teacher to provide such services outside the Services, in each case where the purpose or effect is to avoid our fees.
(b) Section 6A.18(a) does not apply where you already had a relationship with that Teacher before the Run, and does not prevent you from engaging a Teacher for genuinely unrelated services on genuinely independent terms.
(c) We are not responsible for anything agreed, paid, delivered, or suffered outside the Services, and neither Section 6A.13 nor our liability under Section 6A.19 extends to it.
6A.19 Liability and Indemnity for the Red Pen
(a) To the fullest extent permitted by law, our total liability to you arising out of or in connection with the Red Pen, a Run, a Slot, any Deliverable, any Run Content, or any Teacher, however arising and whether in contract, tort, statute, or otherwise, is limited to the greater of (i) SGD 100 and (ii) the total Slot Fees paid by you to us in the six (6) month period prior to the cause of action arising.
(b) We are not liable for any loss arising from a Teacher's marking, corrections, commentary, explanations, examination tips, or professional judgement, or for any academic, examination, admission, placement, or educational outcome, or for any decision you or the Student takes in reliance on anything delivered in a Run.
(c) Sections 20 and 21 apply to the Red Pen in full, and this Section 6A.19 applies in addition to them. Nothing in this Section excludes or limits our liability for death or personal injury caused by our own negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
(d) In addition to Section 22, you agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal costs, arising out of or in connection with: (i) your breach of Section 6A.9; (ii) any claim by a Teacher or any third party in respect of your or the Student's use of Run Content; (iii) any Student Work you submit that is not the Student's own work or that infringes the rights of any third party; and (iv) any dispute between you and a Teacher.
6A.20 Disputes with Teachers
A dispute about the delivery, quality, or content of a Run is a matter between you and the Teacher. We may, at our discretion, assist in facilitating communication between you and a Teacher, or pass on a complaint. Doing so on one occasion does not oblige us to do so again, does not make us a party to your dispute with the Teacher, and does not extend our liability beyond Sections 6A.13 and 6A.19.
6A.21 Removal and Suspension
We may, at our discretion and without liability to you, remove or unpublish any Run Listing, decline to process a payment, or suspend or terminate a Teacher's or a Customer's access to the Red Pen, including where we consider that a Run or a user's conduct breaches these Legal Terms, applicable law, or poses a risk to any person, to us, or to Stripe's payment services.
We accept the following forms of payment for purchases made directly with us, such as a subscription to an individual paid Routine, an Events Pro subscription, a Slot Fee for a Run on the Red Pen, or another in-app purchase through the Calendar App: Visa, Mastercard, American Express, and any other payment method we make available from time to time, including through Apple's or Google's in-app purchase systems, and PayNow and other methods made available through Stripe. This section does not apply to payment for a Paid Ticket, which is processed by Stripe as described in Section 6.6.
Prices for purchases made directly with us are shown in the currency indicated at checkout, on the applicable pricing page, or in the applicable Run Listing, which may be Singapore Dollars or United States Dollars depending on the Service. You agree to provide current, complete, and accurate purchase and account information for all purchases, and to promptly update this information, including your payment method and its expiry date, so that we can complete your transactions and contact you as needed. We may change prices at any time; the price in effect at the time you complete a purchase will apply to that purchase.
You agree to pay all charges at the prices then in effect for your purchases, and you authorise us (or, where applicable, Apple, Google, or Stripe on our behalf) to charge your chosen payment method for those amounts. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and to refuse, limit, or cancel any order in our sole discretion, including where we suspect fraud or abuse.
Billing and Renewal
You may hold one or more subscriptions at the same time, including a subscription to an individual paid Routine (for example, our Spelling or 听写 Routines, each of which is currently offered as a separate paid plan), a general Calendar App subscription, and an Events Pro subscription. Each subscription will continue and automatically renew independently of any other subscription you hold, unless you cancel that specific subscription. You consent to us charging your payment method on a recurring basis for each subscription you hold, without requiring your prior approval for each recurring charge, until you cancel it. The length of the billing cycle depends on the plan you choose. Before a subscription first converts from a free trial or promotional period into a paid, recurring charge, and before any renewal at a higher fee than you were last charged for that subscription, we will give you reasonable advance notice as required by applicable law, including Singapore's Consumer Protection (Fair Trading) Act 2003 and its subsidiary legislation on negative option and opt-out practices.
A Slot in a Run is a one-off purchase and not a subscription. It does not renew automatically and does not continue beyond the Run for which it was booked.
Cancellation
All subscription purchases are non-refundable. You may cancel any subscription independently of any other subscription you hold, at any time, through your Account settings or, for an in-app purchase, through the applicable App Distributor's account settings; cancelling is no more difficult than subscribing. Cancelling one subscription (for example, a paid Routine) does not cancel any other subscription you hold (for example, Events Pro), unless you cancel that one too. Your cancellation will take effect at the end of the current paid term for that subscription. If you have questions or are unsatisfied with our Services, please email us at [email protected].
Fee Changes
We may, from time to time, change a subscription fee, including the fees or Platform Fee tiers shown on the Pricing Page, and will communicate any price change to you in accordance with applicable law before it takes effect for your then-current subscription term.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those specifically endorsed or approved by us, such as creating and publishing an Event as an Organiser in accordance with Section 6, or listing and delivering a Run as a Teacher in accordance with our separate agreement with you.
As a user of the Services, you agree not to:
Run Content is excluded from this Section and from Section 11. Run Content, as defined in Section 1, is not a Contribution for the purposes of these Legal Terms. Run Content is not treated as non-confidential or non-proprietary, is not made viewable by other users of the Services, and is governed exclusively by Section 6A. Nothing in this Section 10 or in Section 11 grants us any right to publish, broadcast, sell, resell, publicly perform, or publicly display any Run Content.
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, Event listings, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, 'Contributions'). Contributions may be viewable by other users of the Services, and, for a Public Event, by the public. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:
Given that our Services are used by families and may involve content about or directed at children, we treat any breach of the representation above concerning minors as a zero-tolerance matter: we will immediately remove the content, may permanently terminate the accounts involved, and will report the matter to the Singapore Police Force and, where applicable, the relevant authorities in any other jurisdiction, or an organisation such as the National Center for Missing & Exploited Children (NCMEC), without further notice to you.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.
This Section 11 does not apply to Run Content, which is governed exclusively by Section 6A.
By posting your Contributions to any part of the Services, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorise sublicences of the foregoing.
This licence applies to any form, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions. We do not assert ownership over your Contributions; you retain full ownership of them and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any responsibility regarding them.
We have the right, in our sole discretion, to edit, redact, re-categorise, pre-screen, or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
User Licence
If you access the Services via our mobile application (the 'App'), we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, or attempt to derive the source code of the App; (2) modify, adapt, or create derivative works from the App; (3) violate any applicable laws in connection with your use of the App; (4) remove or obscure any proprietary notice on the App; (5) use the App for any revenue-generating endeavour other than as permitted under Section 6 or under our separate agreement with you as a Teacher; (6) make the App available over a network permitting access by multiple devices or users simultaneously; (7) use the App to create a competitive product or service; (8) use the App to send automated queries or unsolicited commercial messages; or (9) use our proprietary information in the design or distribution of any application, accessory, or device for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from the Apple App Store or Google Play (each an 'App Distributor'): (1) your licence is limited to a non-transferable licence to use the App on a device that runs Apple iOS or Android, in accordance with the applicable App Distributor's usage rules; (2) we, not the App Distributor, are responsible for providing any maintenance and support for the App; (3) in the event of any failure of the App to conform to an applicable warranty, you may notify the App Distributor, which may refund the purchase price for the App, and to the maximum extent permitted by law will have no other warranty obligation; (4) you represent that you are not located in a country subject to a government embargo and are not on any prohibited or restricted party list; (5) you must comply with applicable third-party terms of agreement when using the App; and (6) the App Distributors are third-party beneficiaries of this section and may enforce it against you.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates these Legal Terms or the law, including reporting such user to law enforcement; (3) refuse, restrict, limit, or disable any of your Contributions; (4) remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.
We care about data privacy and security, including in relation to information shared through the Events Portal and the Red Pen. By using the Services, by booking a Slot, or by registering for an Event, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Our Privacy Policy explains, among other things, how we handle Student Work and Marked Work, the purposes for which we use it, including the Service Improvement Purposes, and how long we keep it. Please be advised the Services are hosted in Singapore. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Services, you are transferring your data to Singapore, and you expressly consent to have your data transferred to and processed in Singapore.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES, DELETE ANY EVENT YOU HAVE LISTED, CANCEL ANY SLOT YOU HAVE BOOKED, OR DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your Account for any reason, you are prohibited from registering a new Account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
Sections 6A.7, 6A.8, 6A.9, 20, 21, 22, 23, and 27, and any other provision which by its nature is intended to survive, continue in force after these Legal Terms end.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services, and will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.
These Legal Terms shall be governed by and defined following the laws of Singapore. Somewhat Tiger Parents Pte. Ltd. and you irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms, subject to Section 18 below.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute') brought by either you or us (each a 'Party'), the Parties agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.
Binding Arbitration
Any Dispute, including any question regarding the existence, validity, or termination of these Legal Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ('SIAC') in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ('SIAC Rules') for the time being in force, which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator, unless the SIAC Rules or the parties otherwise agree. The language of the arbitration shall be English. The governing law of these Legal Terms shall be the substantive law of Singapore.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right for any Dispute to be arbitrated on a class-action basis; and (c) there is no right for any Dispute to be brought in a representative capacity on behalf of the public or other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions: (a) Disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found illegal or unenforceable, neither Party will elect to arbitrate the Dispute falling within that portion, and it shall be decided by a court of competent jurisdiction under Section 17, to whose personal jurisdiction the Parties agree to submit.
There may be information on the Services, including on Event listings, Run Listings, and the Pricing Page, that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, INCLUDING ANY EVENT LISTING OR RUN LISTING, AND WE ASSUME NO LIABILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING YOUR ATTENDANCE AT AN EVENT; (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, ORGANISER, ATTENDEE, RUN, TEACHER, OR DELIVERABLE, OR FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES. IN PARTICULAR, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY EVENT LISTED ON THE EVENTS PORTAL WILL TAKE PLACE AS SCHEDULED, WILL BE SUITABLE, SAFE, OR OF SATISFACTORY QUALITY, OR WILL BE CONDUCTED IN ACCORDANCE WITH ITS LISTING, OR THAT ANY RUN LISTED ON THE RED PEN WILL BE DELIVERED AS DESCRIBED, THAT ANY MARKING, CORRECTION, COMMENTARY, EXPLANATION, OR EXAMINATION TIP WILL BE ACCURATE, COMPLETE, OR SUITABLE, OR THAT ANY LEARNING, ACADEMIC, OR EXAMINATION OUTCOME WILL BE ACHIEVED. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Nothing in this Section 20 excludes or limits our liability for death or personal injury caused by our own negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law, including the Unfair Contract Terms Act 1977 of Singapore.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
Where a Dispute relates to the Events Portal, and to the extent permitted by law, our total liability to you under this Section 21 is limited to the greater of (a) SGD 100, and (b) the total Platform Fees paid by or attributable to you in the six (6) month period prior to the cause of action arising. For the avoidance of doubt, this cap excludes, and we are not liable for, any part of a Ticket price that is or was payable to an Organiser, or any amount processed by Stripe that does not form part of our Platform Fee.
Where a Dispute relates to the Red Pen, our total liability to you is limited as set out in Section 6A.19(a).
This Section 21 is subject to the savings clause in Section 20.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims. If you are an Organiser or an Attendee, you additionally agree to the specific indemnities and assumption of risk in Section 6.11 and Section 6.10, and if you are a Customer of the Red Pen, you additionally agree to the indemnity in Section 6A.19(d), each of which is in addition to this Section 22.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption. In relation to the Red Pen, this Section applies in addition to Section 6A.10, and you should retain your own copy of any Run Content you wish to keep before your access period ends.
Visiting the Services, sending us emails, completing online forms, and booking a Slot or a Ticket constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights under any law that requires an original signature or the delivery or retention of non-electronic records.
By providing your mobile phone number and opting in via heytoshi.com (or any other Toshi opt-in flow), you consent to receive verification and other service-related text messages from Toshi, delivered through AWS Notify. This may include Account notifications and service-related messages about an Event you have registered for or are organising, or a Run in which you have booked a Slot. Message frequency may vary depending on your usage of the Services.
You can reply HELP at any time for assistance, or reply STOP to cancel and opt out of further messages. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. For questions about the Services, please email [email protected]. For details on how we handle your information, please review our Privacy Policy at heytoshi.com/privacy.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services, including our Privacy Policy, the Pricing Page, and each Run Listing, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us, between us and any Organiser, or between us and any Teacher, as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
Somewhat Tiger Parents Pte. Ltd. 513 Balestier Road Singapore 329850 [email protected]