Terms of Service

1. Acceptance of Terms

By accessing or using TebTally Pro ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

These Terms constitute a legally binding agreement between you ("User", "you", or "your") and TebTally ("we", "us", or "our").

2. Description of Service

TebTally Pro is a classroom management platform designed for teachers and educators. The Service provides tools for:

• Managing classroom schedules and dayboards
• Creating and managing seating plans
• Organizing student groups
• Tracking classroom energy levels
• Using teaching tools (timers, dice, wheels, etc.)
• Accessing analytics and insights

3. Eligibility

You must be at least 18 years old to use TebTally Pro. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement.

The Service is intended for use by teachers, educators, and educational professionals. You represent that you are using the Service in a professional educational capacity.

4. Account Registration and Security

4.1 Account Creation

To use TebTally Pro, you must create an account using Google OAuth. You agree to:

• Provide accurate and complete information
• Maintain and update your information as necessary
• Maintain the security of your account
• Not share your account credentials with others
• Notify us immediately of any unauthorized access

4.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

5. User Responsibilities

5.1 Acceptable Use

You agree to use TebTally Pro only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content
• Use automated systems (bots, scrapers) without permission
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to harm, harass, or discriminate against anyone

5.2 Student Data Responsibilities

When entering student information into TebTally Pro, you agree to:

• Obtain necessary consent and authorization from your school or educational institution
• Comply with all applicable privacy laws and regulations
• Only enter the minimum necessary information (names only)
• Ensure you have the right to process and store student information
• Not enter sensitive personal information beyond what is required
• Delete student data when it is no longer needed

6. Content and Intellectual Property

6.1 Your Content

You retain all rights to the content you create and upload to TebTally Pro (classroom data, schedules, seating plans, etc.). By using the Service, you grant us a limited license to store, display, and process your content solely for the purpose of providing the Service.

6.2 Our Intellectual Property

TebTally Pro, including its design, features, code, and branding, is owned by TebTally and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

7. Subscription and Billing

TebTally Pro offers both free and paid subscription tiers:

• Free Tier: Access to basic classroom management features
• Pro Tier: Access to advanced features, analytics, and integrations (billing details to be announced)

When billing is implemented, subscription fees will be charged according to the billing cycle you select. Refund and cancellation policies will be provided at that time.

8. Service Availability

8.1 Uptime and Availability

We strive to provide reliable, uninterrupted service, but we do not guarantee that TebTally Pro will be available 100% of the time. The Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or system failures
• Circumstances beyond our reasonable control

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

9. Data Backup and Security

While we implement security measures to protect your data, you acknowledge that:

• No system is completely secure
• You are responsible for maintaining your own backups of important data
• We are not liable for data loss, corruption, or unauthorized access
• You should use the data export feature to create regular backups

10. Privacy

Your use of TebTally Pro is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you agree to our Privacy Policy.

11. Termination

11.1 Termination by You

You may terminate your account at any time by using the account deletion feature in Settings. Upon termination:

• Your access to the Service will be immediately revoked
• Your data will be permanently deleted within 30 days
• You will not be entitled to any refunds (when billing is implemented)

11.2 Termination by Us

We reserve the right to suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activity
• Abuse the Service or harm other users
• Fail to pay subscription fees (when applicable)

12. Disclaimers and Limitation of Liability

12.1 "As Is" Service

TebTally Pro is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

12.2 Limitation of Liability

To the maximum extent permitted by law, TebTally shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or goodwill
• Service interruptions or errors
• Unauthorized access to your account or data
• Third-party actions or content

Our total liability for any claims arising from your use of TebTally Pro shall not exceed the amount you paid us in the 12 months prior to the claim, or $100 AUD, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless TebTally, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your student data processing activities

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

14.2 Dispute Resolution Process

In the event of any dispute arising from these Terms or your use of the Service:

1. Contact us at support@tebtally.com to attempt informal resolution
2. If informal resolution fails, disputes will be resolved through binding arbitration in Australia
3. You agree to waive your right to a jury trial or class action lawsuit

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last updated" date at the top of this page
• We will notify you via email or in-app notification for material changes
• Your continued use of the Service after changes constitutes acceptance of the new Terms

If you do not agree to the modified Terms, you must stop using the Service and delete your account.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TebTally regarding the Service.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have questions about these Terms of Service, please contact us:

• Email: privacy@tebtally.com
• Support: support@tebtally.com