Terms and Conditions

2. Description of the Service

Observation Assistant is a software platform designed to support instructional reflection and coaching through automated analysis of classroom transcripts and user-provided materials.

The Service:

• Does not provide evaluation, employment decisions, or disciplinary determinations

• Does not store, retain, or provide access to audio recordings at any time

• Generates analyses that are stored locally on the user’s device

• Allows users to export analyses at their discretion

• Does not replace professional judgment

All outputs are intended for reflective and informational purposes only.

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you have the legal authority to enter into these Terms.

4. Accounts and Access

• You are responsible for maintaining the confidentiality of your account credentials

• You are responsible for all activity that occurs under your account

• You agree to provide accurate and current registration information

We reserve the right to suspend or terminate accounts that violate these Terms.

5. User Content and Data

5.1 Audio Recordings

Audio recordings uploaded to the Service are processed ephemerally for the sole purpose of generating a transcript.

• Audio recordings are never accessible to the user or to Observation Assistant LLC

• Audio recordings are not stored, retained, reviewed, or retrievable at any time

• Audio data is automatically deleted immediately upon successful transcript generation

• Observation Assistant LLC does not claim ownership, custody, or control over audio recordings

At no point does the Service provide playback, download, review, or access to audio recordings.

5.2 Transcripts

Text transcripts generated from audio recordings may be processed as necessary to generate analyses.

You retain ownership of all transcripts and materials you submit or generate through the Service (“User Content”).

5.3 Analyses and Outputs

Analytical reports and outputs generated by the Service are:

• Stored locally on the user’s device

• Not accessible to Observation Assistant LLC

• Exportable at the user’s discretion

You are solely responsible for how exported analyses are stored, shared, or used after export.

5.4 Limited License to Operate

You grant Observation Assistant LLC a limited, non-exclusive, non-transferable license to process User Content only as necessary to operate the Service.

This license expressly excludes:

• AI model training

• Data resale or monetization

• Third-party marketing or advertising use

The Service may use third-party sub-processors to generate transcripts and analyses; these partners are bound by the same non-training/privacy constraints.

5.5 Data Use and Privacy Commitments

• Personally identifiable information (PII) is automatically redacted where applicable

• User Content is not used to train AI models

• Observation Assistant LLC does not sell, lease, or commercialize User Content

Additional details are provided in the Privacy Policy.

• Because analyses are stored locally on your device, Observation Assistant LLC cannot recover lost or deleted data. You are responsible for exporting and backing up your analyses.

6. Acceptable Use

You agree not to:

• Upload content you do not have the legal right to use

• Upload unlawful, harmful, or misleading content

• Attempt to reverse engineer, scrape, or misuse the Service

• Use the Service for surveillance, automated evaluation, or disciplinary enforcement

• Interfere with the security or operation of the Service

7. Educational and Professional Disclaimer

The Service provides automated, informational insights only.

• Outputs may contain errors or inaccuracies

• The Service does not provide legal, employment, or professional advice

• You remain solely responsible for interpretation and use of outputs

8. Subscriptions and Payments

Some features require a paid subscription.

• Pricing and features are disclosed at the time of purchase

• Subscriptions renew automatically unless canceled

• Payments are processed through third-party platforms (e.g., Apple App Store)

• Refunds are governed by the policies of the platform through which the purchase was made

9. Intellectual Property

All software, branding, design elements, and non-user content are the exclusive property of Observation Assistant LLC and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, or create derivative works without prior written permission.

10. Termination

We may suspend or terminate access to the Service if you violate these Terms or if required by law.

You may stop using the Service at any time.

11. Limitation of Liability

To the maximum extent permitted by law, Observation Assistant LLC shall not be liable for any indirect, incidental, consequential, or special damages arising from use of the Service.

Total liability shall not exceed the amount paid by you for the Service in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Observation Assistant LLC from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

13. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

14. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

14.1 Informal Resolution

Before initiating arbitration, you agree to first contact Observation Assistant LLC at support@observationassistant.com and attempt to resolve the dispute informally.

If the dispute is not resolved within thirty (30) days, either party may proceed to arbitration as described below.

14.2 Binding Arbitration

Except for claims that may be brought in small claims court or requests for injunctive or equitable relief, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

• Arbitration may be conducted remotely, unless the parties agree otherwise

• Fees and costs shall be allocated in accordance with AAA Consumer Arbitration Rules

• The arbitrator’s decision shall be final and binding

• Judgment on the award may be entered in any court of competent jurisdiction

14.3 Class Action Waiver

YOU AND OBSERVATION ASSISTANT LLC AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

The arbitrator may not consolidate claims or preside over any form of class or representative proceeding unless both parties agree otherwise.

By agreeing to these Terms, you waive the right to a jury trial or to participate in a class action.

14.4 Exceptions

Nothing in this Section prevents Observation Assistant LLC from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, data security, or proprietary rights.

15. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

16. Contact Information

Questions regarding these Terms may be directed to:

Observation Assistant LLC
📧support@observationassistant.com