Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Subscriber," "User," or "you") and Totoka Wokapa ("Company," "we," or "us"), governing your access to and use of the website at totoka-wokapa.info and your participation in the monthly house plant subscription service operated from 5527 Chester Ave, Philadelphia, PA. By accessing the website or subscribing to the service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you should not use the website or subscribe to the service.

A. Eligibility and Account

To subscribe to the Totoka Wokapa service, you must be at least eighteen (18) years of age and a resident of a US state to which we ship. By subscribing, you represent and warrant that you meet these eligibility requirements. You are responsible for providing accurate information during the subscription process, including a valid email address and a deliverable US shipping address. You are responsible for maintaining the accuracy of your account information and updating it if your circumstances change, including your light conditions or shipping address. We reserve the right to decline or terminate a subscription at our discretion where eligibility requirements are not met or where account information is found to be materially inaccurate.

B. Description of Service

Totoka Wokapa provides a month-to-month subscription service that delivers one house plant per calendar month to the subscriber's designated address. Each delivery includes one live plant selected based on the subscriber's quiz responses, one plant-specific care card, and one seasonal tip sheet. The service is informational and horticultural in nature. We make plant selections based on the information you provide about your home's light conditions and your experience level; however, the success of any plant in your specific environment depends on many factors beyond our control, including the actual care provided, temperature, humidity, and other environmental variables. The service does not include ongoing advisory services, horticultural consultation, or any form of professional guidance beyond the printed materials included with each delivery.

C. Subscription, Billing, and Cancellation

The subscription operates on a monthly billing cycle. Charges are made on a recurring basis on the same calendar date each month or, where that date does not exist in a given month, on the last day of that month. Subscribers may cancel at any time before the next billing date to avoid the next charge. Cancellation does not result in a refund of charges already processed for the current billing period. Subscribers may pause their subscription for one or more months by notifying us before the billing date for the relevant month. We reserve the right to adjust pricing with reasonable advance notice to active subscribers. Continued use of the service after a price change takes effect constitutes acceptance of the new price.

D. Delivery and Risk of Loss

Plants are shipped via carrier services to the address provided by the subscriber. Risk of loss or damage to plants passes to the subscriber upon delivery to the carrier. We take reasonable measures to package plants appropriately for transit, but we cannot control conditions during shipping. Subscribers who receive a plant that arrives in a condition inconsistent with reasonable expectations for transit should contact us at [email protected] within five (5) business days of delivery with a description and photographs. We review such reports and address them on a case-by-case basis. We do not ship to PO boxes or addresses in states where applicable plant import restrictions apply to particular species.

E. Intellectual Property

All content on the Totoka Wokapa website, including text, images, graphics, layout, and design, is the property of Totoka Wokapa or its licensors and is protected by applicable copyright and intellectual property law. The care cards and seasonal tip sheets provided with deliveries are for the personal use of the subscriber and may not be reproduced, distributed, or used commercially without written permission. You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes. Nothing in these Terms transfers ownership of any intellectual property to you.

F. Disclaimer of Warranties

The Totoka Wokapa service and website are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the fitness of any plant for a particular purpose, the outcome of using the care information provided, the availability or continuity of the service, or the accuracy or completeness of any information on the website. Plant care results depend significantly on the individual environment and care practices of the subscriber. The information provided through care cards and tip sheets is general in nature and does not take the place of professional horticultural advice.

G. Limitation of Liability

To the fullest extent permitted by applicable law, Totoka Wokapa shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the service or website, including but not limited to damages related to plant health outcomes, delayed deliveries, or the accuracy of care information. Our total liability to you for any claim arising out of or related to the service shall not exceed the amount paid by you for the monthly subscription in the two months preceding the claim. Some states do not allow the exclusion or limitation of certain damages; in such states, the above limitations may apply only to the extent permitted by law.

H. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the service that cannot be resolved informally shall be submitted to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction in Philadelphia, Pennsylvania. You waive any right to participate in a class action lawsuit or class-wide arbitration related to the service. Nothing in this section prevents either party from seeking emergency relief from a court where necessary to prevent irreparable harm.

I. Modifications to Terms

We may revise these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of this page and may notify active subscribers by email. Your continued use of the service or website after updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should cancel your subscription before the next billing date.

J. Contact

Questions or concerns about these Terms should be directed to Totoka Wokapa at 5527 Chester Ave, Philadelphia, PA, by email at [email protected], or by telephone at +1 267-257-2467 during business hours (Monday to Friday, 9 am to 5 pm Eastern Time).