General
1. All purchases are subject to these Terms of Use.
2. We, BURLEIGH CREATIVE YAZILIM VE BILISIM HIZMETLERI LIMITED SIRKETI, offer subscription-based and other paid access to features within the Totsie App and related services.
3. Subscriptions may be purchased either directly from:
3.1. the TOTSIE website (Website Purchase); or
3.2. externally through an app marketplace or similar provider (In-App Purchase).
4. Different subscription plans, trial periods, pricing, currencies, taxes, and payment methods may be offered depending on your location, platform, promotion, or place of purchase.
5. The subscription fee applies regardless of how much or how often you access or use your subscription during the billing period.
Currency and Taxes
6. Prices may be shown in USD or the applicable currency in your region. Prices may also be subject to taxes, foreign exchange charges, bank fees, or platform-imposed fees that are outside our control.
In-App Purchase
7. These include purchases made via a third-party App Store or marketplace, such as the Apple App Store or Google Play Store.
8. An In-App Purchase is purchased from and billed by the relevant App Store provider, not by us.
9. In relation to In-App Purchases:
9.1. the purchase is subject to the terms, conditions, billing rules, and licensing arrangements of the relevant App Store provider;
9.2. the payment is processed securely via the payment systems used by that provider; and
9.3. you must take up payment issues, cancellations, and refund requests with that provider unless applicable law requires otherwise.
Website Purchase
10. Subscriptions purchased directly from the TOTSIE website are managed and billed by us.
11. Website Purchases are processed securely through third-party payment gateway providers, such as Stripe or PayPal. Their own terms may also apply.
12. Transactions are handled over secure connections. We do not store your full credit card details.
Payment and Renewal
13. Subject to any free trial period, payment must be made at the time of purchase and before you receive access to the paid subscription or feature.
14. Subscriptions renew automatically at the start of each new billing period unless cancelled before renewal in accordance with the rules of the relevant platform.
15. You are responsible for keeping your payment method information current.
15.1. We or the relevant platform will assume your nominated payment method details are current unless updated by you; and
15.2. if payment cannot be processed for any reason, we may suspend or limit access until payment is successfully received.
16. We may change subscription fees for future billing periods.
16.1. Where required, we will provide reasonable notice before the change takes effect; and
16.2. if you do not cancel before the new billing period starts, you will be treated as having accepted the updated pricing.
Free Trials
17. Your TOTSIE subscription may start with a free trial for a period specified at sign up.
18. Free trials are generally limited to new users unless we expressly state otherwise.
19. We reserve the right to revoke, limit, or withdraw a free trial where misuse, duplicate trials, abuse, or technical error is identified.
20. Unless you cancel at least 24 hours before the end of the trial period, the free trial may automatically convert into a paid subscription.
21. Any unused portion of a free trial will be forfeited when you start a paid subscription where permitted by the platform rules.
Promotions
22. We may offer promotions, discounts, coupons, bundled offers, or special access arrangements from time to time, either directly or through third parties.
23. These offers may be subject to separate terms, including eligibility limits, time limits, territory limits, or automatic conversion to a paid plan. It is your responsibility to read and understand those terms.
Cancellation
24. You may cancel your subscription at any time.
25. Unless you cancel at least 24 hours before the start of the next billing period, you may be charged for the next billing period.
26. After cancellation, you will usually continue to have access to paid features for the remainder of the current billing period unless otherwise stated by the relevant platform.
27. To cancel your subscription, you must use the same platform through which the subscription was created.
27.1. If you subscribed via the website, follow the cancellation flow in your account or settings area, where available; and
27.2. if you subscribed via iOS or Android, you must cancel through the relevant App Store account settings.
Refunds
28. We do not generally offer refunds or credits for partially used billing periods, accidental purchases, change of mind, unused subscriptions, medical situations, or similar reasons, except where required by applicable law.
29. If your purchase was made through Apple, Google, or another app marketplace, refund decisions are generally made by that marketplace under its own policies.
30. If Apple requests information from us to assess a refund request, you consent to our sharing limited data about your usage or consumption of purchased content with Apple for that purpose, in accordance with Apple’s policies.
Support and Collections
31. If we take lawful steps to recover unpaid subscription fees from you, you agree to pay reasonable recovery costs to the extent permitted by law.
32. For billing or support enquiries, contact us at support@totsieapp.com.
Governing Law
33. These Billing Terms are governed by the laws of the Republic of Türkiye, unless mandatory consumer protection laws in your country of residence require otherwise.
YOUR PRIVACY IS IMPORTANT TO US. PLEASE READ THIS PRIVACY POLICY CAREFULLY, INCLUDING THE SECTIONS ABOUT IMAGE PROCESSING, AI FEATURES, AND CHILDREN’S DATA, BEFORE USING THE TOTSIE APP OR ANY RELATED SERVICES.
This Privacy Policy applies to the Totsie App, the website at www.totsieapp.com, and related services we provide (together, the “Services”). Totsie is operated by BURLEIGH CREATIVE YAZILIM VE BILISIM HIZMETLERI LIMITED SIRKETI, a company registered in Türkiye, with its registered address at IC KAPI NO:20, NO:4 KUCUKBAKKALKOY MAHALLESI SELVILI SOKAK, ATASEHIR 34750 Istanbul, Türkiye.
By accessing or using the Services, other than solely to read this Privacy Policy for the first time, you agree to the practices described here.
A. WHAT INFORMATION WE COLLECT
(1) Account and profile information: This may include your name, email address, authentication identifiers, subscription status, and other information you provide when creating or using your account.
(2) Family, child, and milestone information: Depending on the features you use, this may include your child’s or baby’s name, due date, date of birth, age-related information, milestone details, and other information you choose to enter into the app.
(3) Uploaded content: This includes photos, images, prompts, captions, text inputs, and other content you upload or submit for editing, storing, enhancement, or AI-based generation.
(4) Generated outputs: This includes processed images, edited images, AI-generated images, and related technical metadata associated with generating or delivering those outputs.
(5) Usage and device data: We may collect information such as device type, operating system, browser type, unique device identifiers, crash data, log data, IP address, approximate location inferred from IP, app interactions, and performance or diagnostic information.
(6) Transaction and billing data: We may receive billing status, subscription details, renewal dates, store order identifiers, and transaction metadata. We do not store full payment card details.
(7) Communications: If you contact support, respond to a survey, participate in a promotion, or otherwise communicate with us, we may collect the contents of those communications.
(8) Lawful basis for processing: Where required by applicable law, we process personal information based on one or more lawful grounds, including your consent, the need to perform a contract with you, compliance with legal obligations, and our legitimate interests in operating, securing, and improving the Services.
B. HOW WE USE INFORMATION
We use information we collect to:
C. AI PROCESSING, IMAGES, AND FACE DATA
(1) AI image processing: We may use proprietary and third-party automated systems, including AI-based tools, to process images and create requested outputs. This may include enhancement, segmentation, editing, stylisation, generation, transformation, layout, captioning, or related automated modifications.
(2) Purpose limitation: We process uploaded media and prompts solely to provide the feature or output you requested, improve service performance and reliability, maintain safety, and support lawful business operations described in this Privacy Policy.
(3) Face data: Images uploaded to the Services may contain a person’s face. Totsie does not use uploaded faces for identity verification, facial recognition, biometric identification, emotion analysis, age estimation, or profiling.
(4) No biometric identification: We do not extract, create, or store facial templates, biometric identifiers, or biometric profiles for the purpose of identifying a person.
(5) AI training: Uploaded images, prompts, and generated outputs are not used to train AI models unless we clearly state this at the point of collection and obtain any consent required by applicable law.
(6) Human access and vendors: Access to uploaded content is restricted to authorized personnel and trusted service providers who need access to operate, secure, support, or improve the Services and who are subject to contractual confidentiality and data protection obligations.
(7) Regional processing: Where technically feasible, we may process content in infrastructure or regions chosen for performance, reliability, legal compliance, or user experience. By using the Services, you understand that data may be processed in countries other than your own.
D. CHILDREN’S PRIVACY AND IMAGES OF MINORS
(1) Adult-directed service: The Services are intended to be used by adults, including parents, guardians, or other authorized caregivers. Children are not permitted to create accounts or use the Services independently unless applicable law allows otherwise and such use is supervised by a parent or legal guardian.
(2) Images of minors: If you upload a photo or other content depicting a child or minor, you represent and warrant that you are the child’s parent or legal guardian, or that you have obtained all permissions and consents necessary to upload and process that content.
(3) Sensitive handling: Images of children are treated with heightened care. We do not sell such content and do not use it for advertising, profiling, or AI training unless we expressly say so and obtain any required consent.
(4) Unauthorized uploads: If you believe a child’s image or personal information has been uploaded without proper authorization, contact us at support@totsieapp.com and we will review and, where appropriate, remove it without undue delay.
E. SHARING OF INFORMATION
We do not sell personal data. We may disclose information in the following circumstances:
F. APPLE REFUND REQUESTS
If you make purchases through Apple’s App Store, Apple may request limited usage or consumption information from us to help review a refund request. By using the Services and making in-app purchases through Apple, you consent to our sharing such limited information with Apple for that purpose, in accordance with Apple’s policies.
G. THIRD-PARTY SERVICES AND SHARING FEATURES
If you choose to share content from Totsie to social media platforms or other third-party services, your content will also be subject to that third party’s own terms and privacy practices. We are not responsible for the privacy or security practices of those third parties.
H. RETENTION AND DELETION
We retain personal data only for as long as reasonably necessary to provide the Services, maintain your account, support re-download or history features where offered, resolve disputes, enforce agreements, meet legal obligations, and protect the security and integrity of the Services.
You may request deletion of your account data, uploaded media, or generated outputs by contacting support@totsieapp.com. Deleted data will be removed from active systems within a reasonable period, except where continued retention is required or permitted by law, required for fraud prevention or dispute resolution, or retained in backups for a limited period.
I. SECURITY
We apply reasonable physical, technical, and organizational safeguards designed to protect personal information from unauthorized access, disclosure, alteration, and destruction. Despite these safeguards, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
J. INTERNATIONAL TRANSFERS
Your information may be processed and stored in countries outside your country of residence, including countries whose data protection laws may differ from those in your jurisdiction. By using the Services, you acknowledge and, where required, consent to those transfers, subject to applicable law.
K. YOUR RIGHTS AND CHOICES
Depending on where you live, you may have rights to access, correct, update, delete, restrict, object to, or request a copy of certain personal information. You may also be able to withdraw consent where processing is based on consent. To exercise any such rights, contact support@totsieapp.com. We may need to verify your identity before completing your request.
L. CALIFORNIA PRIVACY DISCLOSURES
Residents of California may have additional rights under California law. Where applicable, you may request information about certain disclosures of personal information or exercise rights provided by California privacy laws by contacting support@totsieapp.com.
M. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time. The updated version will be posted on this page, and your continued use of the Services after the updated version becomes effective means you accept the updated policy to the extent permitted by law.
N. CONTACT
For privacy questions, data requests, deletion requests, or other enquiries about this Privacy Policy, contact us at support@totsieapp.com.
1. INTRODUCTION
These Terms of Use govern your access to and use of the Totsie website, applications, and related services (together, the “Services”). Totsie is operated by BURLEIGH CREATIVE YAZILIM VE BILISIM HIZMETLERI LIMITED SIRKETI (“Totsie”, “we”, “our”, or “us”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
2. ELIGIBILITY AND ACCOUNTS
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account, purchase a subscription, or use paid features. If you use the Services in connection with a child or minor, you are responsible for ensuring that all information and content submitted is authorized and lawful.
You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.
3. LICENSE AND PERMITTED USE
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use.
You may not use the Services for commercial exploitation, resale, or any business purpose unless we have expressly agreed otherwise in writing.
4. YOUR CONTENT
You retain ownership of the photos, text, prompts, and other content you upload or submit (“User Content”).
You grant us a limited, non-exclusive, worldwide license to host, store, reproduce, modify, process, display, and transmit your User Content only as reasonably necessary to operate, provide, secure, improve, and support the Services, including generating requested outputs.
You represent and warrant that you have all rights, permissions, and consents necessary to upload and use your User Content, including any rights relating to children or other people depicted in the content.
5. AI-GENERATED AND EDITED OUTPUTS
Certain features of the Services generate or modify content automatically using AI or other automated systems. Outputs may vary, may not be perfect, and may not always match your expectations, original inputs, or prompts exactly.
You are responsible for reviewing and deciding how to use any generated output. To the maximum extent permitted by law, we do not guarantee visual accuracy, likeness, suitability, uninterrupted availability, or error-free outputs.
Unless we state otherwise, you may use generated outputs for your personal, non-commercial use. Commercial use may require our prior written consent.
6. RESTRICTIONS
You must not:
7. INTELLECTUAL PROPERTY
Except for your User Content and any rights expressly granted to you in these Terms, the Services, including software, branding, designs, text, graphics, interfaces, and underlying technology, are owned by us or our licensors and are protected by intellectual property laws.
8. SUBSCRIPTIONS, PURCHASES, AND REFUNDS
Paid features, subscriptions, and purchases are subject to the Billing Terms above and to any additional rules imposed by the platform through which you purchased. App Store terms may govern renewals, cancellations, and refunds for in-app purchases.
9. FEEDBACK
If you send us suggestions, comments, or ideas relating to the Services (“Feedback”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, and otherwise exploit that Feedback without compensation to you.
10. THIRD-PARTY SERVICES
The Services may contain links to third-party websites, services, marketplaces, or platforms. We do not control those third parties and are not responsible for their content, terms, privacy practices, products, or services.
11. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BURLEIGH CREATIVE YAZILIM VE BILISIM HIZMETLERI LIMITED SIRKETI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE RELEVANT SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD $100, WHICHEVER IS GREATER.
13. INDEMNITY
You agree to indemnify, defend, and hold harmless BURLEIGH CREATIVE YAZILIM VE BILISIM HIZMETLERI LIMITED SIRKETI and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against claims, losses, liabilities, damages, judgments, costs, and expenses arising out of or related to your User Content, your misuse of the Services, or your breach of these Terms, to the extent permitted by law.
14. TERMINATION
We may suspend, restrict, or terminate your access to the Services at any time if you breach these Terms, create legal or security risk, or where we otherwise reasonably need to protect the Services, our users, or our business. You may stop using the Services at any time.
15. CHANGES TO THE SERVICES OR TERMS
We may modify, update, suspend, or discontinue all or part of the Services at any time. We may also update these Terms from time to time by posting a revised version. Your continued use of the Services after the updated Terms become effective means you accept the revised Terms.
16. GOVERNING LAW
These Terms are governed by the laws of the Republic of Türkiye, unless mandatory laws in your country of residence require otherwise.
17. CONTACT
For questions about these Terms or the Privacy Policy, contact support@totsieapp.com.
