Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Bem LLC (“Bem LLC,” “Obzi,” “we,” “us,” or “our”) governing your access to and use of the Obzi website and web application, including the installable progressive web app and any future Obzi mobile applications (together, the “Service”).

By checking the box presented at sign-up or sign-in, creating an account, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a school, program, organization, or other entity (a “Customer”), you represent and warrant that you are authorized to accept these Terms on its behalf, and “you” refers to that entity.

You must be at least 18 years old, or the age of majority where you live, to create an account. The Service is intended for adults — administrators, teachers, and caregivers — and the families they invite, and is not directed to or intended for use by children.

You must provide accurate information when creating an account and keep it current. You are responsible for safeguarding your sign-in credentials and for all activity that occurs under your account, and you agree to notify us promptly of any unauthorized use.

Obzi is a web-based application that lets educators and caregivers create observation updates and share them with families. The Service is delivered through the web and an installable progressive web app; Obzi does not currently offer native iOS or Android applications.

We may add, change, suspend, or discontinue features of the Service at any time. We will use reasonable efforts to give notice of material changes that adversely affect paid plans.

You are solely responsible for the information you collect, upload, and share through the Service and for your use of the Service in compliance with all applicable laws, including those governing student records, children’s privacy, photography, and consent (such as FERPA and COPPA, where applicable).

You are solely responsible for obtaining, maintaining, and honoring all consents and permissions required to photograph a child and to collect, upload, and share that child’s information and images with families and other users — including any verifiable parental consent. Obzi’s photo-consent and approval settings are tools to help you, and do not constitute legal advice or relieve you of these obligations.

You represent and warrant that you have all rights, permissions, and consents necessary for the information and content you place in the Service, and that your use of the Service does not violate any law or the rights of any person.

As between the parties, you are the controller of children’s and families’ information and Obzi acts as your service provider and processor, as further described in the Privacy Policy.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not: misuse, interfere with, or disrupt the Service; attempt to gain unauthorized access to it or its systems; reverse engineer or copy it except as permitted by law; use it to store or share content that is unlawful, harmful, harassing, defamatory, or infringing; or use it to send unsolicited communications.

We may investigate and take appropriate action, including removing content and suspending or terminating accounts, for any violation of these Terms or any use that may create liability for us or harm others.

You retain ownership of the photos, notes, and other content you upload or create (“Your Content”). You grant Bem LLC a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, reproduce, and display Your Content solely as needed to operate and provide the Service to you — for example, to build and deliver updates to the recipients you choose.

You are responsible for Your Content and for ensuring you have the rights and consents necessary to use it within the Service. We may, but are not obligated to, remove content that violates these Terms.

Obzi offers a free plan and paid subscription plans. Paid plans may begin with a free trial; if you do not cancel before the trial ends, you authorize us to charge the applicable fees through our payment processor.

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected) and are non-refundable except where required by law. Prices may change; we will give reasonable notice of changes, which take effect on your next billing cycle. You can upgrade, downgrade, or cancel from your billing settings, and changes take effect according to the terms shown at the time you make them. Applicable taxes may be added.

The Service relies on and may integrate with third-party services (for example, payment processing, email delivery, and hosting). Your use of those services may be subject to their own terms, and we are not responsible for third-party services or for any acts or omissions of their providers.

The Service, including its software, design, templates, and trademarks, is owned by Bem LLC and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. We reserve all rights not expressly granted.

You may stop using the Service and cancel your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, fail to pay fees, or use the Service in a way that could cause harm or create legal liability.

Upon termination, your right to use the Service ends. Sections that by their nature should survive — including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive. We will handle Your Content in accordance with our Privacy Policy.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service is free of harmful components. You use the Service at your own risk, and you are responsible for your use of it and for the information and content you share through it.

TO THE FULLEST EXTENT PERMITTED BY LAW, BEM LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BEM LLC ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless Bem LLC and its owners, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms or any law; or (d) your failure to obtain or honor any required consent, including consent to photograph or share information about a child.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules.

Before filing any claim, you agree to first contact us at hello@obzi.app and attempt to resolve the dispute informally for at least 30 days. Except where prohibited by law, any dispute that is not resolved informally will be resolved by binding arbitration on an individual basis, and you and Bem LLC waive the right to a jury trial and to participate in a class or representative action. Either party may bring an individual claim in small-claims court where eligible. Nothing in this section limits either party from seeking injunctive relief for misuse of intellectual property.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Service after a change takes effect means you accept the updated Terms.

These Terms, together with the Privacy Policy and any order or plan you select, are the entire agreement between you and Bem LLC regarding the Service. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control.

Questions about these Terms? Reach Bem LLC at hello@obzi.app and a real person will reply.