ObservV Terms and Conditions

Effective Date: 01 January 2025

The ObservV Terms and Conditions ("Terms") set forth your obligations and rights as a user of ObservV Services ("ObservV", "our", "us", or "we"). When you are added to or invited into an existing ObservV account, your usage and access to ObservV Services are subject to the User Notice. The User Notice is between you and the ObservV account entity. "You" refers to the entity represented by you in agreeing to these Terms, or if not applicable, you as an individual. By accepting these Terms on behalf of your employer or another entity, you affirm that: (i) you possess the requisite legal authority to commit your employer or such entity to these Terms; (ii) you have fully understood these Terms; and (iii) you consent to these Terms on behalf of the entity you represent. Should you lack the legal authority to commit your employer or the relevant entity, please refrain from clicking "I agree" presented to you. NOTE: Registering for ObservV Services with an email address from your employer or another entity implies that (A) you act as a representative for such entity, (B) your agreement to these Terms binds your employer or that entity, and (C) within these Terms, "you" will refer to your employer or that entity.

The validity of these Terms commences upon your initial agreement to these Terms by clicking "I agree", or your first use or access of ObservV Services, whichever occurs first (the "Effective Date"). A physical signature is not required for these Terms to be enforceable. Your consent to these Terms is indicated by clicking "I agree" when you register for ObservV Services and, for Free Accounts, also by accessing or utilizing the said accounts.

Our Mission

Our mission is to improve transparency from the ground up.

What these Terms cover

1.1 ObservV Services. These Terms govern our ObservV Services, related Support, and Additional Services. These Terms include Our Policies (including our Privacy Policy) and your Data Services.

Administration of ObservV Services

2.1 Administrators: Within the framework of ObservV Services, you possess the capability to designate certain End Users as Administrators, thereby granting them authority and control over Your Data and the activities of other End Users. This may include the ability to request Data Services (which may be subject to fees); the creation, suspension, oversight, or modification of End User Accounts; adjustment of End User permissions; and managing access to Your Data by End Users or third parties. Notwithstanding the stipulations of Section 2.3 (Responsibility for End Users), which is fully enforceable for Administrators, you bear full responsibility for the selection of individuals as Administrators and their subsequent actions, including but not limited to those mentioned herein. It is understood that our obligations do not cover the internal management or administration of the ObservV Services on your behalf.

2.2 End User Consent: You will provide all required disclosures to and will obtain and maintain all required consents from End Users to allow: (i) Administrators to possess the access described in these Terms and the Privacy Policy; and (ii) the delivery of ObservV Services to both Administrators and End Users by ObservV. Upon our reasonable request, you are required to furnish proof of such consents.

2.3 Responsibility for End Users: It is incumbent upon you to familiarize yourself with the settings and controls associated with ObservV Services and to exercise discretion in authorizing individuals to assume the role of End User. You are accountable for the conduct of all your End Users, inclusive of requests for Data Services, and the manner in which End Users interact with Your Data, irrespective of whether these End Users are affiliated with your organization. You are tasked with presenting our User Notice to End Users and are liable for any damages resulting from your failure to do so.

2.4 Credentials: You must require that all End Users keep their passwords for ObservV Services strictly confidential and do not share such information with any unauthorized person. You are responsible for all actions undertaken through the use of End User Accounts and passwords.

2.5 Age Requirement for End Users: ObservV Services are not designed for, nor should they be used by, individuals under the age of 16. You are responsible for ensuring that all End Users are at least 16 years old.

What's included in your ObservV Services; what are the restrictions.

3.1. Accessing ObservV Services: During the Subscription Term and subject to adherence to these Terms, you are granted access to utilize ObservV Services for either personal or business purposes as applicable. This access is in line with the terms specified here, Data Services, and Free Accounts. The rights granted under this section are non-exclusive, non-sublicensable, and non-transferable.

3.2. Support: Throughout the Subscription Term, support for ObservV Services will be available in accordance with the ObservV Support Policy.

3.3. Usage Restrictions: Your use of ObservV Services is subject to certain limitations. Unless explicitly allowed within these Terms, you will not:

(a) reproduce, modify, adapt or create derivative works of ObservV Services;

(b) rent, lease, distribute, sell, sublicense, transfer or provide access to ObservV Services to a third party;

(d) incorporate any ObservV Services into a product or service you provide to a third papiarty;

(e) interfere with or otherwise circumvent mechanisms in ObservV Services intended to limit your use;

(f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any ObservV Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to us);

(g) remove or obscure any proprietary or other notices contained in any ObservV Services;

(h) use ObservV Services for competitive analysis or to build competitive products;

(i) publicly disseminate information regarding the performance of ObservV Services; or

(j) encourage or assist any third party to do any of the foregoing.

Our security and data privacy policies.

4.1. Implementing Security Measures: We are committed to safeguarding Your Data by implementing comprehensive physical, technical, and administrative security protocols. These measures are meticulously designed to prevent unauthorized access, destruction, alteration, or disclosure of Your Data.

4.2. Data Privacy: In the course of providing ObservV Services to you and your End Users, we gather certain types of data and information. This collection is done both during the use of ObservV Services by you and your End Users and in other interactions governed by these Terms. The collection and utilization of this data are carried out strictly in line with our Privacy Policy, which we require you to acknowledge.

4.3. Improving ObservV Services: We are always striving to improve ObservV Services. To achieve this, we use analytics to gain insights into the usage patterns of ObservV Services. For details on our analytics methods and the specific data we analyze, please consult our Privacy Policy.

4.4. Legal Disclosures: The provisions of these Terms do not hinder our ability to disclose Your Data when legally obligated, such as in response to subpoenas or court orders. Whenever feasible and allowed, we will endeavor to notify you prior to such disclosure. Our approach aims to carefully weigh your privacy rights against legal obligations.

4.5. GDPR Compliance: If your activities fall within the territorial scope of the GDPR — specifically if you are located within the European Economic Area (EEA), Switzerland, or are otherwise governed by Regulation (EU) 2016/679 (General Data Protection Regulation) or any subsequent legislation — you are entitled to request and fill out the ObservV Data Processing Addendum available here.

Data Usage Terms for ObservV Services:

5.1. Licensing Your Data for Service Provision: By submitting Your Data to ObservV Services, you retain ownership but grant ObservV a worldwide, limited-term license to access, use, process, and publicly display Your Data in an anonymized format. This license includes displaying metrics such as the number of photos uploaded, the suburbs of photo locations, and any future reviews, without disclosing sensitive details like the organization's name or specific street addresses. Your contributions, including photos and potential reviews, will remain associated with your user profile, showcasing metrics like upload quantity and general location data, regardless of your organizational affiliation. This approach ensures your contributions are recognized while protecting organizational and location-specific confidentiality. This also includes permission to modify Your Data for service compatibility. Assistance may extend to accessing Your and End User Accounts upon permission for support issues.

5.2. Compliance Requirements for Your Data: Your and End Users' interaction with ObservV Services must adhere to these Terms and applicable Laws. You guarantee the rightful submission of Your Data to ObservV Services without breaching any laws or third-party rights. You are solely responsible for any consequences arising from the use of Your Data in connection with ObservV Services, except for matters directly related to ObservV's obligations regarding security and data privacy as outlined in these Terms.

5.3. Restrictions on Sensitive Personal Information: Submission of Sensitive Personal Information to ObservV Services is restricted unless specifically supported. ObservV disclaims liability for any Sensitive Personal Information provided contrary to these Terms.

5.4. Indemnification Clause: You agree to protect ObservV against any legal actions or losses related to Your Data usage on ObservV Services, including compliance failures and unauthorized transactions.

5.5. Content Removal and Service Suspension: ObservV may remove Your Data or suspend service access in response to term violations or legal requests without prior notice, especially if such actions pose risks to service operations or other users.

5.6 Public Profile Transparency: To support a transparent and connected user environment, the following profile details are publicly accessible:

API Key: Ensures seamless integration and personalization.
Profile Picture: Facilitates user recognition.
Name: Maintains transparency and accountability.
Organization Name: Identifies affiliations to enhance user interaction.

By creating an account, you acknowledge and consent that these elements will be visible to all users and visitors of ObservV Services.

ObservV Developer Access and Agreement

6.1 Using ObservV developer assets. Access to any of our APIs, SDKs or other ObservV developer assets is subject to the ObservV Developer Terms, which is a separate agreement.

Additional Services.

7.1. Additional Services. Subject to these Terms, you may request Additional Services. Additional Services may be subject to additional policies and terms as specified by us, such as Additional Services Terms.

8. Billing and Payment Structure

8.1. Data Service Subscription: Data Services are offered on a monthly subscription, with no required commitment. This subscription is allocated towards bandwidth and storage usage. Exceeding the bandwidth and storage allocation incurs Pay As You Go (PAYG) charges for "Overages".

For Overages, we charge at our current PAYG rates and may require immediate payment (prior to the expiration of the current Subscription Term) if they exceed acceptable levels. We may contact you or other End Users to inform you of Overages. After contacting you (or others) of Overages, there is a 3-day grace period. Without payment within this period, Your Data, except for Free Data, becomes inaccessible. After 14 days without Overage payment, Your Data, excluding Free Data, will be deleted. This does not apply to Free Accounts.

8.2. Automatic Renewal and Cancellation: Your subscription to Data Services will automatically renew at the end of the Subscription Term. You can discontinue the subscription at any time before the next Subscription Term begins to avoid future charges. However, the service does not offer refunds for any fees already incurred.

8.3. Payment Terms: Fees for Data Services, including the subscription and any applicable Overages, are due monthly. Payment is accepted in the specified currency (usually USD) through the designated payment methods. Late payments may accrue interest, and you are liable for any costs associated with collecting overdue payments. Failure to settle overdue charges may result in restricted access to Your Data (excluding Free Data) after a 3-day grace period, followed by deletion of Your Data (excluding Free Data) if payment is 14 days past due. This does not apply to free trial periods.

8.4. Service Confirmation: Upon receipt of your payment, ObservV will send login details and service access information via email. It's your responsibility to verify that payment has been acknowledged and that your Data Service request has been processed correctly.

Free Trial

9.1. Free trial. Data Services are offered for free for 14 days; there are no limits to Your Data during this time period and no commitment to pay (“Free Trial”). Prior to the expiry of the Free Trial, you may request to subscribe to Data Services to retain Your Data; otherwise, Your Data (excluding Your Free Data) may be deleted. Your Free Data will be retained as per our Free Accounts. We may change this practice in the future.

Exclusion of Taxes

10.1. Taxes: The charges for ObservV Services under these Terms do not cover any taxes or duties that may be due in the jurisdiction of the payment's origin or receipt. Should any such taxes or duties be our responsibility, you are obliged to reimburse us for these costs in addition to any fees owed under these Terms. However, if you are exempt from specific taxes or duties, it's your duty to manage this exemption with the relevant tax authorities.

Disclaimers on Future Functionality and Products

No contingencies on other products of future functionality: You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any public comments we make regarding future functionality or features.

Free Accounts

12.1 Availability of Free Accounts: Free Accounts may be provided by us, with all terms and conditions outlined in these Terms applicable to such accounts. We reserve the right to alter or discontinue your access to Free Accounts at any moment, based on our discretion, without any obligation to you. Under applicable laws, we are exempt from all liabilities or responsibilities associated with Free Accounts, including any provisions for Support, warranties, and indemnities. DESPITE ANY PROVISIONS TO THE CONTRARY WITHIN THESE TERMS, OUR TOTAL LIABILITY TOWARDS YOU CONCERNING FREE ACCOUNTS SHALL NOT EXCEED THE SUM OF US$100.

13. Intellectual Property and User Contributions

13.1 IP Rights in ObservV Services and Feedback: 13.1 IP Rights in ObservV Services and Feedback: ObservV Services are provided on a limited access basis, with no transfer of ownership rights to users. All intellectual property rights in Our Technology, including ObservV Services, are retained by us. Users may submit Feedback or contributions, which we can freely use, copy, disclose, license, distribute, and exploit without obligation. Importantly, user contributions, such as photo uploads and associated metadata, will be attributed to the user's profile, ensuring personal achievements, such as the number of photos uploaded and general location data, are preserved and follow the user across organizational changes or personal account transitions. Specific organizational details and precise locations will remain anonymous, respecting user privacy.

14. Preservation of Confidentiality

14.1. Confidentiality: Under these Terms, both parties acknowledge that disclosed information such as code, inventions, know-how, business, technical, and financial details provided by one party (the "Disclosing Party") to the other (the "Receiving Party") is recognized as the confidential asset of the Disclosing Party ("Confidential Information"). This applies if the information is explicitly marked confidential or its confidential nature is apparent due to the content and context of disclosure. Our specific technology and performance data related to ObservV Services are automatically considered Confidential Information, requiring no additional labeling.

The Receiving Party is obligated to:

(a) Protect and not reveal any Confidential Information to external parties.
(b) Utilize the Confidential Information solely to meet its duties and enforce its rights as outlined in these Terms.

However, the Receiving Party is permitted to share Confidential Information with personnel, agents, contractors, and advisors who genuinely need this information, assuming they adhere to confidentiality agreements that are at least as protective as the stipulations in this section, with the Receiving Party ensuring their compliance.

Exceptions to these confidentiality obligations include situations where the Receiving Party can prove the information:

Was already known or in its possession before receiving the Confidential Information.
Became publicly known through no fault of the Receiving Party.
Was received rightfully from another source without violating confidentiality commitments.
Was developed independently by the Receiving Party's employees who did not have access to the Confidential Information.

Moreover, the Receiving Party is allowed to disclose Confidential Information when legally required, provided this is done to the least extent necessary and with prior notification to the Disclosing Party. The Receiving Party understands that unauthorized disclosure could significantly harm the Disclosing Party, and monetary damages may not be an adequate remedy. Therefore, in such instances, the Disclosing Party is entitled to seek equitable relief and any other legal remedies available.

Term and Termination.

15.1. Survival. The following provisions will survive any termination or expiration of these Terms: Sections 3.3 (Usage Restrictions), 5.4 (Indemnification Clause), 8.3.(Payment Terms), 10.1 (Taxes), 12.1 (Availability of Free Accounts), 13.1 (IP Rights in ObservV Services and Feedback), 14.1 (Confidentiality), 15 (Term and Termination), 16.4 (Limitation of Warranty), 17 (Limitation of Liability),19 (Dispute Resolution) and 22 (General Provisions).

Warranties and Service Quality Guarantee

16.1 Agreement Authorization: Both parties confirm their full legal capacity and authority to agree to these Terms.

16.2 Commitment to Quality: We commit to using recognized industry standards to shield ObservV Services from viruses, Trojan horses, and similar threats, recognizing that we are not liable for any such materials introduced by you or any End Users (hereby referred to as the "Performance Guarantee").

16.3 Rectification Process: Should any ObservV Services not adhere to the Performance Guarantee, we will endeavor to rectify these issues promptly at no extra cost to you. If a resolution is deemed unfeasible, either party may opt to conclude the current Subscription Term, wherein you will be reimbursed for any advance payments made for the service period post-termination. Claims under the Performance Guarantee must be made within a 30-day period from first noticing the issue and do not cover instances of misuse, unauthorized alterations, or Free Accounts. This section outlines your exclusive remedy and our ultimate responsibility for any breach of the Performance Guarantee.

16.4 Limitation of Warranty: EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 17, ALL OBSERVV SERVICES, SUPPORT AND ADDITIONAL SERVICES ARE PROVIDED “AS IS,” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF ObservV SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF OBSERVV SERVICES NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Limitation of Liability

17.1 Consequential Damages Waiver: EXCEPT FOR EXCLUDED CLAIMS (AS DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

17.2 Liability Cap: EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY YOU TO US UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

17.3 Excluded Claims: “Excluded Claims” means (i) amounts owed by you under Data Services, (ii) either party’s express indemnification obligations in these Terms, and (iii) your breach of Section 3.3 (Usage Restrictions).

17.4 Nature of Claims and Failure of Essential Purpose: The parties agree that the waivers and limitations specified in this Section 17 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

18 Publicity Rights

18.1 Publicity Rights: We may identify you as a ObservV customer in our promotional materials. We will promptly stop doing so upon your request.

Dispute Resolution

19.1 Before Legal Action: Both parties commit to attempting an amicable resolution through negotiation for any disputes related to these Terms. If unresolved after 60 days, legal remedies per Section 19.2 may be sought. These discussions are confidential and considered part of settlement negotiations under applicable laws.

19.2 Legal Framework: These Terms are subject to Australian law, yet consumer protection laws more favorable to you in your residence country take precedence. Disputes will be adjudicated in relevant courts based on the consumer's residence or ObservV’s business location in Queensland, Australia. Businesses agree to Australian court jurisdiction exclusively. ObservV Services use is void where prohibited by law, and you confirm non-affiliation with restricted countries or entities.

19.3 Seeking Court Orders: Notwithstanding the provisions of Section 19.1 (Before Legal Action) and 19.2 (Legal Framework), we can seek court intervention for intellectual property or confidentiality breaches anywhere applicable.

19.4 UN Convention and UCITA: These Terms are not governed by the United Nations Convention on Contracts for the Sale of Goods or the Uniform Computer Information Transactions Act.

Amendments to Terms

20.1 General Updates: We reserve the right to amend these Terms, including Our Policies, notifying you as per Section 22.1 (Notices) or via our website announcement. The effective date for such amendments will be communicated.

20.2 Free Accounts: To maintain access, you must agree to any amendments. Disagreement allows cessation of use as the sole remedy.

20.3 Data Services: Changes predominantly become applicable in the forthcoming Subscription Term. Exceptionally, for legal compliance or essential feature additions, amendments may be immediate within the current Subscription Term. If disagreeing with such amendments, termination of Data Services is permissible with a refund for the unused portion, provided objection and termination notice is given within 30 days of amendment notification.

20.4 Policy Adjustments: Amendments to Our Policies during the current Subscription Term will not significantly reduce our obligations and become effective as specified without diminishing overall service obligations unless necessitated by law.

Changes to ObservV Services

21.1 Acknowledging that ObservV Services are dynamic, subscription-based offerings, we may implement changes or enhancements. Any discontinuation of services or features will be executed without liability, with appropriate updates to the Documentation.

General Provisions

22.1 Notices: All notices under these Terms shall be in written form. Notices to you may be sent via your designated Notification Email Address, your user account, or through notifications within our product. You acknowledge that electronic notices fulfill any legal requirement for written communications. Notices sent to you are considered delivered on the first business day after dispatch. Notices to us should be sent via email and are considered delivered once we confirm receipt.

22.2 Force Majeure: Neither party shall be held responsible for delays or failures in fulfilling obligations under these Terms (with the exception of fee payments) due to circumstances outside their reasonable control, such as strikes, blockades, warfare, acts of terrorism, riots, natural catastrophes, power or telecommunications network failures, or government licensing denials.

22.3 Delegation of Agreement: Without our explicit prior written approval, you are not permitted to delegate or transfer your rights and obligations under these Terms. However, as an exception, you may delegate these Terms in full, including all Data Services, to an entity that takes over your role due to a merger, acquisition, or the sale of the majority of your assets or shares, on the condition that you promptly notify us in writing of such delegation and the new party agrees in writing to uphold all responsibilities outlined in these Terms. Any unauthorized attempt to delegate or transfer these Terms by you will be considered invalid. We reserve the right to delegate our rights and responsibilities under these Terms, either in whole or in part, without needing your consent. We may also authorize our Affiliates, agents, and contractors to act on our behalf or fulfill our duties under these Terms, for which we will ensure their adherence to these Terms. These Terms will extend to and be binding upon the permitted successors and delegates of the parties involved.

22.4 Entire Agreement. These Terms represent the complete and exclusive agreement between you and us regarding ObservV Services and any related subject matter, superseding all previous oral or written communications, proposals, and representations between us concerning ObservV Services or any related subject matter. No terms of any purchase order or other business document issued by you will override or add to the terms and conditions of these Terms, and any such documents pertaining to these Terms will serve solely for administrative purposes and will not be legally binding.

22.5 Resolution of Discrepancies: Should there be any discrepancies between the core provisions of these Terms and either Our Policies or Additional Services Terms, the latter documents will prevail regarding their respective subject matters.

22.6 Forbearance and Alterations: The injured party's failure or delay in enforcing any rights, powers, or privileges under these Terms does not constitute a waiver. Likewise, partial enforcement does not prevent further enforcement or the exercise of any other rights, powers, or privileges legally or equitably. Modifications to these Terms, other than those outlined in Section 20 (Amendments to Terms), require written confirmation by an authorized representative from each party.

22.7 Clarification of Terms: The term "including" used within this document is interpreted as "including, but not limited to." The headings are merely for organizational purposes and hold no legal significance. Should any part of these Terms be deemed void, invalid, unenforceable, or illegal, the remaining provisions shall remain effective.

22.8 Nature of the Relationship: The relationship established by these Terms is not to be interpreted as a partnership, joint venture, or any form of legal association that would imply one party acting as the representative of the other. Furthermore, neither party shall interpret these Terms or any related transactions as forming a partnership for tax purposes. Each party is to act independently, and nothing in these Terms grants the authority to act on behalf of, bind, or commit the other party in any way.

Definitions

Certain capitalized terms are defined in this Section 24, and others are defined contextually in these Terms.

Additional Services: Independent contractor services not covered by your subscription, including consulting, photography, sales, support, and technical training.

Additional Services Terms: Specific terms applicable to Additional Services.

Administrators: Users authorized to manage ObservV Services for End Users.

Affiliate: An entity with control over, or under the control of, or under common control with a party, where control is defined as owning more than 50% of voting interests.

Data Services: Paid subscription services for data storage and bandwidth associated with Your Data.

Documentation: Official ObservV Services documentation, available online.

End User: Any individual using ObservV Services to access Your Data, including Your Free Data.

End User Account: Accounts for End Users accessing Your Data, including Your Free Data via ObservV Services.

Feedback: Suggestions or feedback on ObservV Services for potential improvements.

Free Accounts: No cost accounts that do not have any properties. Free accounts have unlimited End Users and can contribute content to other organisations accounts.

Laws: All applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer, international communications and the exportation of technical or personal data.

Notification Email Address: Your registered email for receiving ObservV communications.

ObservV Services: Includes our website, app, and any provided software or services.

Our Policies: Includes our Acceptable Use Policy, Copyright and Trademark Violation guidelines, Privacy Policy, Support Policy, and terms for Third Party Code.

Our Technology: The technology behind ObservV Services, including all related or derivative works.

Sensitive Personal Information: Special personal data categories protected by law.

Subscription Term: The active duration of your Data Services subscription.

Support: ObservV Services support as detailed in the Support Policy.

Training: Training and certification services provided by ObservV.

Your Free Data: Data within your Free Account.

Your Data: Any data you or End Users input into ObservV Services.

User Notice

Effective starting: 01 January 2025

By accessing or using ObservV Services and Additional Services, you acknowledge and agree to be bound by ObservV Privacy Policy and ObservV Acceptable Use Policy. You are responsible for (and must have sufficient authority to take) all actions that are performed on or through your ObservV account. If you have been added or invited to ObservV Services, Administrators (and not you) control your use of ObservV Services, including but not limited to adding or removing you from ObservV Services and managing permissions. Any content that you submit or upload to ObservV Services will be retained, accessed, used, modified, shared, or removed by Administrators. You acknowledge that your ObservV account can become managed by the entity that owns or controls the email address domain with which your account was created or registered, as described in our Privacy Policy (see “Notice to End Users”).