These terms are an agreement between you and Benjamin Jacob McGill, a sole trader in Victoria, Australia, trading as Mellowmoor ("we", "us"), about your use of the Mellowmoor app and this website. By setting up or using Mellowmoor you agree to them. Please also read our privacy policy.
1. Who can set up Mellowmoor
Mellowmoor is for children aged 2 to 9, but it can only be set up, and subscriptions can only be bought, by an adult (18 or older): a parent or legal guardian of each child, or a person authorised by a school, therapy centre or other organisation. You are responsible for your account, for keeping your password and PIN private, and for what happens on your account.
2. Children using Mellowmoor
Children use the children's area, which has no ads, chat, social features or links out of the app. Settings, reports and purchases are in the parents' (or staff) area behind a PIN. The PIN protects areas inside the app only; it cannot stop a child leaving the app. Features such as Guided Access on iPhone and iPad or app pinning on Android can, and we recommend supervising young children's screen time.
3. Subscriptions and the free trial
- Plans. The Family plan covers up to four child profiles. Organisation plans cover up to 15 (Small), 50 (Medium) or 150 (Large) learner profiles, or more under a Larger plan arranged with us. Prices are listed on our pricing page in US dollars; the store shows the price in your currency, including any applicable tax, before you buy.
- How you pay. There are two ways to subscribe:
- Direct from us (the Android app downloaded from our website): the app opens a secure checkout run by RevenueCat, Inc. ("RevenueCat", our billing provider), and your card is charged through Stripe ("Stripe", the payment processor). We are the seller. Stripe holds your card details; we never see or store them.
- Through a store: in the app installed from the Apple App Store or Google Play, through your store account, charged by Apple or Google. Their terms of sale also apply.
- Tax. Prices are listed in US dollars. Where we sell directly, we add GST or other sales tax where the law requires it, and the checkout shows the total, including any tax, before you confirm. Stores add tax under their own rules.
- Free trial. New subscribers get the first 14 days free. For a direct subscription, a trial is offered once per account, and we may decline a further trial to the same person or organisation; for a store subscription, Apple or Google decides eligibility (usually one trial per store account). Unless you cancel before the trial ends (for a store subscription, at least 24 hours before), the subscription starts and you are charged at the end of the trial.
- Automatic renewal. Subscriptions are monthly and renew automatically at the end of each month until you cancel. A direct subscription is charged to the card you gave at checkout on each renewal date, and a receipt is emailed to you. A store subscription is charged to your store account within the 24 hours before the month ends, unless you cancel at least 24 hours before the end of the current month.
- Price changes. If we change a price, we (or the store) will tell you in advance and, where the law or the store's rules require, ask for your agreement. A change never applies to a period you've already paid for, and you can cancel before it takes effect.
- When a subscription ends. If a subscription is cancelled, or a renewal payment fails and is not fixed, it ends at the end of the last period paid for (or at the end of the trial). The devices on the account then keep working for 7 more days. After those 7 days, Mellowmoor stops working on every device signed in to that account (the app shows a screen to renew) until the subscription is renewed. Your account, profiles and progress are kept, and renewing unlocks the devices again. Devices need to go online from time to time to confirm the subscription.
- Without a subscription, a small selection of games stays open to try, along with Story Corner, Play Studio, Music Corner and Calm Cove. We may change which games are in that selection. This is for trying Mellowmoor before you subscribe; when a subscription ends, "When a subscription ends" below applies.
- What's included may change as we improve Mellowmoor. If we take away something significant that you are paying for, we will tell you in advance.
4. Cancelling and refunds
You can cancel at any time, with no cancellation fee. A direct subscription is cancelled with the "manage subscription" link in any receipt email, or by asking us (see Manage billing). A store subscription is cancelled in your App Store or Google Play subscription settings (the steps are on our pricing page). You keep access until the end of the period you've paid for. Deleting the app, or your Mellowmoor account, does not cancel a subscription.
Refunds for direct subscriptions. We handle these ourselves. We don't refund part of a month because you change your mind, but you keep access until the end of that month. If there is a problem with Mellowmoor, contact us: you may be entitled to a refund under the Australian Consumer Law (see section 11). If you were charged in error, for example twice for the same month, we will refund the extra charge.
Refunds for store subscriptions. Because Apple and Google take payment, refunds are requested from them and handled under their refund policies. If Mellowmoor has a major problem that we can't fix, contact us and we will help you seek the remedy you are entitled to. Nothing in these terms limits your rights under the Australian Consumer Law (see section 11).
5. Organisation accounts
If you set up Mellowmoor for an organisation, you confirm that you are authorised to agree to these terms for it, and that it has the consent of each child's parent or guardian for Mellowmoor to store the information described in our privacy policy. The organisation is responsible for how its staff use Mellowmoor and for its learners' information it enters; we process that information on its behalf, as its service provider. A Larger plan, and any invoicing, is arranged by separate written agreement, which applies where it differs from these terms.
6. Insights, reports, skill scores and homeschool records
The Insights tab, the Play Observation Report, progress reports and skill scores describe play in a game app. They are not a medical, psychological, developmental or educational assessment, and they are not a diagnosis. In the app's own words:
This is a record of play in a game app. It is not a measurement of ability, development or behaviour, and it is not a diagnosis.
It has not been validated against any standard.
Patterns in play have many ordinary causes: the game itself, the time of day, a noisy room, a call to dinner.
If you would like help reading it, share it with a teacher or a health professional.
Reports make no recommendations and should not be relied on alone to make decisions about a child. If you have concerns about a child's development, health or behaviour, please speak to a qualified professional. When you share a report, you are responsible for choosing who receives it.
In Homeschool mode, games and stories are mapped by us to outcomes in published curricula (the Australian Curriculum and EYLF, US standards and national references, and the National Curriculum in England and EYFS). The mappings are our own reading of those documents: no curriculum authority has reviewed, approved or accredited them, and they may contain mistakes. Learning paths, records and the portfolio are tools to help you plan and keep records; they are not an assessment of your child. Home education requirements differ between places, and you remain responsible for meeting the requirements that apply to you. Homeschool plans and records are kept only on the device where you make them, so keep your own copy (for example by saving the portfolio PDF) if you need one.
7. Acceptable use
Please don't:
- enter information about a child you are not authorised to, or put full names, contact details or sensitive information (such as health information) into nicknames or group names;
- copy, modify, reverse engineer or resell Mellowmoor, except as the law allows;
- try to reach other people's information, get round the app's protections, or overload or disrupt our services;
- use Mellowmoor for anything unlawful.
8. Intellectual property
Mellowmoor, including its characters, artwork, games, stories and software, belongs to us or our licensors. We give you a personal, non-exclusive, non-transferable licence to use the app on devices you own or control: for a family, for your household's own use; for an organisation, for use with the learners in its care. Some music, models, sounds, fonts and voices are used under their own licences, listed on our licences and credits page. Pictures your child makes in Play Studio stay on your device and are yours.
9. Changes and availability
We work to keep Mellowmoor running smoothly, but we can't promise it will always be available or free of errors. Most of the app works offline; signing in, syncing and voice downloads need an internet connection. We may update, change or retire features over time.
10. Ending your account
You can delete your account at any time in Parents > Safety & account > Delete account, or by asking us. We may suspend or close an account that seriously or repeatedly breaks these terms, after telling you why where we reasonably can. If we close an account without good reason, we will refund any amount paid for the time remaining. Deleting your account does not cancel a direct subscription; cancel it first (see section 4).
11. Australian Consumer Law and our liability
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.
Nothing in these terms excludes, restricts or modifies those rights, or similar rights you have under the law of the country where you live. Subject to that:
- to the extent the law allows, we are not liable for loss that is not reasonably foreseeable, or for loss caused by things outside our reasonable control;
- where Mellowmoor is supplied to an organisation and is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited, where the law allows, to supplying the service again or paying the cost of having it supplied again.
12. App Store terms and the Android app from our website
If you downloaded Mellowmoor from the Apple App Store: these terms are between you and us, not Apple, and we, not Apple, are responsible for the app and its content. Your licence is limited to using the app on Apple-branded products you own or control, as the App Store's Usage Rules allow. Apple has no obligation to provide maintenance or support for the app. If the app fails to meet an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app; to the extent the law allows, Apple has no other warranty obligation. We, not Apple, are responsible for handling any claims relating to the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer protection or privacy claims, and claims that it infringes someone's intellectual property. You confirm that you are not located in a country subject to a US Government embargo or on a US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
If you downloaded the Android app from our website: install it only from our download page, and check that the file's SHA-256 checksum matches the one shown there. The app checks our website for updates and offers to install them; please install them, as they include fixes. We are responsible for the app and its support in the same way as for the store versions.
13. Changes to these terms
We may update these terms. If a change is significant, we will tell you in the app or by email before it takes effect. If you don't agree, you can cancel your subscription and delete your account.
14. Governing law and contact
These terms are governed by the law of Victoria, Australia, and the courts of Victoria have jurisdiction, without taking away any right you have to bring proceedings where you live under your local consumer law.
Benjamin Jacob McGill, a sole trader in Victoria, Australia, trading as Mellowmoor.
Email: hello@mellowmoor.com