Acceptance of These Terms
These Terms of Service ("Terms") form a binding agreement between you and BobbyBrowser ("BobbyBrowser," "we," "us," or "our") and govern your access to and use of the BobbyBrowser website, browser application, dashboards, APIs, and related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Service. If you are using the Service on behalf of a school, district, or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.
Eligibility
You must be old enough under the laws of your jurisdiction to enter into a binding contract to create an account on your own behalf. If you are not, you may use the Service only with the involvement and consent of a parent, legal guardian, or authorized school official.
BobbyBrowser is designed for use in educational settings. Student accounts are typically created under the direction of a teacher or school. Where applicable law requires parental consent before a child uses an online service, schools and parents are responsible for obtaining and maintaining that consent.
Accounts
To use most features of the Service, you must create an account. You agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify us promptly at [email protected] if you suspect any unauthorized access to or use of your account.
Each account is for one individual. You may not share account credentials, transfer your account, or allow another person to use your account.
The Service
BobbyBrowser provides an educational browser, dashboard, and related tools that help teachers create assignments and observe student activity during teacher-assigned sessions, and that help students complete classroom work with the assistance of artificial intelligence features such as in-product help and writing feedback.
We are continually improving the Service. We may add, change, suspend, or remove features at any time, and we may impose limits on usage. We will use reasonable efforts to provide notice of material changes that materially reduce functionality you rely on.
Acceptable Use
You agree not to, and not to allow any third party to:
(a) use the Service for any unlawful, fraudulent, harmful, or abusive purpose, or in violation of any applicable law or regulation;
(b) use the Service to harass, threaten, defame, or harm any person, including minors;
(c) upload, submit, or transmit content that infringes the intellectual property, privacy, publicity, or other rights of any third party, or that is unlawful, obscene, or otherwise objectionable;
(d) attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service;
(e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent applicable law expressly prohibits this restriction;
(f) scrape, crawl, harvest, or use automated means to access the Service or extract data from it, except as expressly permitted in writing by us;
(g) attempt to circumvent, disable, or interfere with any security, rate-limiting, content-filtering, or safety feature of the Service, including filters designed to protect minors;
(h) use the Service to develop a competing product or service, or to train machine learning models;
(i) resell, sublicense, or otherwise commercialize access to the Service except as expressly permitted; or
(j) impersonate any person or misrepresent your affiliation with any person or organization.
We may investigate and take any action we consider appropriate, including suspending or terminating accounts, in response to suspected violations of these Terms.
Your Content
You retain ownership of the content you submit to the Service, including text you write, prompts you provide to AI features, files you upload, and other materials you create or share ("Your Content"). You represent and warrant that you have all rights necessary to submit Your Content to the Service and that Your Content does not violate any law or these Terms.
You grant BobbyBrowser a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, modify, and create derivative works of Your Content solely as needed to operate, provide, maintain, secure, and improve the Service and to enforce these Terms. This license ends when you delete Your Content from the Service, except to the extent we are required to retain it by law or it is contained in backups or aggregated, de-identified records.
Our Intellectual Property
The Service, including all software, text, graphics, designs, logos, and other materials made available through the Service (other than Your Content), is owned by BobbyBrowser or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal educational use or your school’s authorized educational use. No other rights are granted by implication, estoppel, or otherwise.
AI Features
The Service includes features that use artificial intelligence and large language models, including third-party AI providers, to generate responses, feedback, and suggestions based on input you and other users provide.
AI-generated outputs are produced by statistical models and may be inaccurate, incomplete, out of date, biased, or otherwise inappropriate. AI outputs are not professional advice of any kind (including educational, legal, medical, psychological, or financial advice) and are not a substitute for the judgment of a qualified teacher, parent, or other responsible adult.
You agree to review AI outputs before relying on them, and you are solely responsible for any decision you make or action you take based on AI outputs. BobbyBrowser does not guarantee the accuracy, suitability, or fitness of any AI output for any purpose, and to the maximum extent permitted by law disclaims all liability arising from AI outputs.
Third-Party Services
The Service may interoperate with or link to third-party services, websites, or content that we do not control (for example, identity providers, classroom platforms, AI providers, and websites students visit while using the browser). We are not responsible for third-party services or for any content, terms, or practices of those third parties. Your use of any third-party service is subject to that third party’s terms and policies.
Privacy
Our handling of personal information is described in our Privacy Policy at /privacy, which is incorporated into these Terms by reference.
Fees
Some features of the Service may be offered free of charge and others may require payment. If you purchase a paid plan, the applicable fees, billing cycle, and payment terms will be described at the time of purchase. Unless otherwise stated, fees are non-refundable, and you are responsible for all applicable taxes. We may change our fees prospectively on reasonable notice.
Termination
You may stop using the Service at any time and may request that we close your account by contacting [email protected].
We may suspend or terminate your account or your access to all or part of the Service at any time, with or without notice, including if we believe you have violated these Terms, if we are required to do so by law, or if continuing to provide the Service to you would create risk for BobbyBrowser, other users, or third parties.
Upon termination, your right to access and use the Service ends immediately. Sections of these Terms that by their nature should survive termination will survive, including the sections on Your Content, Our Intellectual Property, AI Features, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.
Disclaimers
THE SERVICE AND ALL CONTENT, INCLUDING AI OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOBBYBROWSER AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY DEFECT WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOBBYBROWSER, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOBBYBROWSER’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) US $100 OR (B) THE AMOUNTS YOU PAID TO BOBBYBROWSER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless BobbyBrowser and its affiliates and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your access to or use of the Service; (b) Your Content; (c) your breach of these Terms; or (d) your violation of any law or the rights of any third party.
Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully. It affects your legal rights and requires most disputes between you and BobbyBrowser to be resolved by individual binding arbitration rather than in court.
Informal resolution. Before filing any formal proceeding, you agree to first contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least 30 days.
Binding arbitration. If we are unable to resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be held in Delaware (or by remote means at the arbitrator’s discretion), and judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. You and BobbyBrowser agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person and may not preside over any form of representative or class proceeding.
Carve-outs. Notwithstanding the foregoing, (a) either party may bring an individual claim in small claims court if it qualifies; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of its intellectual property or confidentiality rights.
Minors. The arbitration and class action waiver provisions of this section do not apply to claims brought by a user who is a minor under applicable law, to the extent such provisions would be unenforceable against that minor.
Jury trial waiver. To the maximum extent permitted by applicable law, you and BobbyBrowser each waive the right to a trial by jury for any dispute not subject to arbitration.
If any portion of this section is found to be unenforceable, the remainder of this section will remain in effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed from arbitration and brought in court.
Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. For any matter not subject to arbitration, you and BobbyBrowser agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.
Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date below and, where appropriate, provide additional notice (for example, by email or in-product notice to account administrators). Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.
Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any additional terms you agree to in connection with specific features, constitute the entire agreement between you and BobbyBrowser regarding the Service and supersede any prior agreements on the same subject matter.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms without restriction.
Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or third-party service failures.
Notices. We may provide notices to you by email to the address associated with your account, by posting in the Service, or by other reasonable means. You may provide notices to us at [email protected].
Headings. Section headings are for convenience only and have no legal effect.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].