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Legal

Terms of Use

The rules for creating and using an Observe account, submitting your own or another person's performance, AI analysis, report sharing, payments and intellectual property.

OperatorEdduus Pty Ltd, ABN 18 167 289 616, 15 Roberts Street, Balingup WA 6253, Australia
Effective date1 November 2026
Contactsupport@observe-me.com
Websitehttps://observe-me.com
VersionConsolidated v0.15 - Legal Review Draft

The short version

Observe is a performance-improvement service. Individual Observe accounts are for people aged 15 and over at launch. Users aged 15–17 are subject to additional youth privacy and safety settings. A person under 15 may not create or independently operate an individual account. An eligible adult account holder may submit a performance involving another person, including a younger person, where they have the legal right and any permission or authority required; that person is the subject of the Observation, not the account holder.

Your content stays yours. Uploading content does not transfer ownership to Observe — you give us only the rights reasonably needed to analyse it, generate the outputs you ask for, secure the service and let you export or share generated reports. Performance videos remain private in your account until you delete them or the account is deleted, subject to limited legal and backup retention.

AI-generated outputs are guidance, not a verdict. Nothing in these Terms removes any consumer guarantee, privacy right or other remedy that cannot lawfully be excluded.

How these Terms are organised

These Terms of Use are a single document covering eligibility and account rules, content involving other people, AI analysis, your content and intellectual property, acceptable use, payments and refunds, and general legal terms. They apply when you access or use the Observe progressive web app (PWA), the Observe website and related services.

How we handle personal information is explained separately in our Privacy Policy, published at https://observe-me.com/privacy. That document also explains data retention, account and content deletion, and how to make a privacy request.

Part A Agreement, eligibility and accounts (sections 1–5)
Part B Content involving other people (sections 6–8)
Part C AI and performance analysis (sections 9–12)
Part D Your content and intellectual property (sections 13–19)
Part E Acceptable use and enforcement (sections 20–22)
Part F Payments, credits and refunds (sections 23–32)
Part G General terms (sections 33–38)

Part A — Agreement, eligibility and accounts

1. Agreement and scope

These Terms of Use (Terms) apply when you access or use the Observe PWA, website and related services (the Service), operated by Edduus Pty Ltd trading as Observe (Observe, we, us or our). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Privacy

Our Privacy Policy, published at https://observe-me.com/privacy, explains what personal information we collect, how we use and disclose it, how long we keep it, how account and content deletion works, and the privacy rights available to you. It is a separate document and you should read it alongside these Terms.

Where these Terms refer to the handling, retention or deletion of personal information, the Privacy Policy governs.

3. Eligibility: 15 and over

At launch, you must be at least 15 years old to create or hold an individual Observe account. People under 13 remain ineligible to create or independently operate an account.

At launch, you must accurately select one of these age bands when asked: Under 15, 15–17, or 18+. We may use reasonable and proportionate measures to confirm eligibility where necessary. Users aged 15–17 may receive additional privacy, safety, sharing, moderation or purchasing protections. If we reasonably believe an individual account holder is under 15, we may restrict access, request further information, or restrict or close the account while we review the issue.

You may not create an individual account for a person under 15, give a person under 15 independent control of your account, provide them with your login credentials, or maintain an account that is in your name but is in practice operated by a person under 15.

People under 15 are not eligible for individual accounts at launch. If Observe later changes its minimum age, the age gate, privacy controls and these Terms will be updated before that change is enabled. People under 13 will remain ineligible unless Observe deliberately introduces a legally compliant child-directed account model.

This account-age rule does not prevent an eligible adult account holder from submitting an Observation involving a younger person, where the adult has the legal right and any permission or authority required (see Part B).

4. Your account

You are responsible for keeping your login details secure and for activity performed through your account. Tell us promptly if you believe your account has been compromised. You must not impersonate another person or create an account using materially false information.

5. What Observe does

Observe lets you record or upload performance content and receive technology-assisted analysis, feedback, detected skills or capabilities, scores, comparisons, demonstrations and guidance intended to help you understand and improve performance. Features may include personalised improvement media, questions and answers about an Observation, and Re-Observe, which compares a later performance with an earlier Observation to describe changes and remaining performance gaps.

Observe does not guarantee improvement, a particular score, selection, qualification, sporting result, commercial outcome or other result.

Observe does not provide public user profiles, feeds, comments, likes, follower relationships or direct user-to-user messaging at launch. Another Observe user cannot comment on, react to or directly interact with you through Observe.

Part B — Content involving other people

6. Submitting a performance involving another person

Do not record, upload or analyse content unless you have the right to do so. If another identifiable person appears in your content, you are responsible for having the permission or authority reasonably required to record, upload, analyse and share that content.

An eligible adult account holder may use their own Observe account to record, upload and analyse another person’s performance where the adult has the legal right and any permission or authority required. This includes a parent or guardian submitting a younger person’s performance, and an authorised adult acting for a school, sporting organisation or other organisation.

The person shown in the performance is the subject of the Observation and does not become an Observe account holder merely because their performance is submitted. A younger person may be the subject of an Observation submitted by an eligible adult account holder but may not independently operate the adult’s account. A person aged 15–17 may separately hold their own eligible individual account, subject to the youth settings that apply.

Stored performance media is private and is not published or made discoverable to other Observe users through Observe at launch. Any exported or shared report must stay within the authority or permission that applies to the Observation.

Permission to use copyright material is separate from privacy, consent and recording obligations. If another person appears in your content, you need both.

Observe may require reasonable evidence that an adult has authority to submit content. We may remove or restrict content where authority is disputed, consent has been withdrawn where legally effective, or applicable law requires us to do so.

7. Organisational and institutional use

A school, training provider, sporting club, association or other organisation may use Observe through eligible individual accounts or organisation-authorised accounts. Where an organisation uses an account to submit another person’s performance, the account holder must be authorised for the relevant educational, training, coaching, sporting or other approved purpose and comply with the organisation’s safeguarding requirements and policies.

The organisation is responsible for the notices, permissions, consents, safeguarding approvals and authority required of it for the recording and approved use. Observe remains responsible for the privacy, security and other legal obligations that apply to Observe as the provider of the Service, and does not transfer those obligations to the organisation by these Terms.

A student, learner, junior athlete or other person does not become an Observe account holder merely because an authorised account holder submits their performance through an organisation-approved account. This does not prevent a person aged 15–17 from holding their own eligible individual account. We may require reasonable evidence that an account holder is authorised to act for the organisation.

Additional school, student-record, youth-sport or child-privacy rules may apply depending on the jurisdiction and deployment. Those requirements may be addressed in a separate school, club or data-processing agreement where appropriate.

8. Protecting children and young people

Observe has zero tolerance for child sexual exploitation, grooming or sexualisation of minors.

If you submit a performance involving a child or young person, you must have the legal right and any permission or authority required to record and submit that performance. Generated reports or AI outputs may be exported outside Observe by the eligible account holder; share them only where you have appropriate authority to do so.

For US use, children under 13 remain subject to additional child-privacy requirements, including COPPA where it applies. Observe does not permit under-13s to create or independently operate accounts. Adult-submitted content about a child and direct online collection from a child can raise different legal issues; Observe will apply the requirements that actually apply to the relevant deployment and feature.

Part C — AI and performance analysis

9. How Observe uses AI

When an eligible account holder submits a video, image, audio clip or other performance content, Observe may use artificial intelligence, computer vision and other automated tools to identify features relevant to the task and generate an Observation. Depending on the activity, this may include movement, position, timing, sequence, object location, technique, skills, capabilities, indicators or other performance signals. Re-Observe may compare a later performance with an earlier Observation against the same or related skills, capabilities or indicators.

Observe may analyse faces or bodies where visual features are relevant to performance, but the Service is not designed to identify who a person is using facial recognition.

We may use specialist service providers, including AI, computer-vision, media-generation and cloud providers, to process content on our behalf where needed for a requested feature. Different providers may perform different parts of the Service; these Terms do not state or imply that one provider performs every Observe function. Their handling of information is governed by our arrangements with them, applicable law and our Privacy Policy.

10. What an Observation may contain

  • a description of what the system observed;
  • strengths and areas that may improve;
  • scores, measurements or comparisons;
  • suggested adjustments or practice ideas;
  • visual or spoken guidance;
  • answers to questions about the Observation.

• personalised improvement media, such as “Show Me Better”, Reimagine, “See the Fix” or similar visual or video guidance;

• a Re-Observation comparison describing what improved, what changed little, and which performance gaps may remain.

11. AI outputs are guidance, and AI can be wrong

AI is useful because it can notice patterns and compare performance consistently. It is not infallible. An Observation is guidance, not a verdict.

The quality of an Observation depends on the content submitted, camera angle, lighting, visibility, audio quality, available context and the limitations of the models being used. Observe may miss something important, misunderstand what happened, or give advice that is not appropriate for your circumstances.

Any score, rating, classification or comparison generated by Observe is an interpretation based on the information available to the system. It is not an official qualification, selection decision, medical assessment or professional certification.

A Re-Observation comparison is an AI-generated interpretation of change between submitted performances. It is not proof that every underlying cause has been corrected, and a lack of observed evidence is not the same as a finding that a person lacks a capability.

Observe outputs must not be used as the sole basis for medical treatment, diagnosis, employment decisions, legal decisions, safety-critical decisions or other high-impact decisions about a person.

12. Human judgment and physical safety

Some activities analysed by Observe involve physical exertion, equipment or environmental risk. You are responsible for deciding whether an activity is appropriate for you and for using suitable supervision, equipment and safety precautions. Stop an activity and seek appropriate professional advice if you are injured, unwell or unsure whether it is safe for you.

Do not treat an AI-generated Observation as a substitute for appropriate supervision, coaching, medical advice or normal safety precautions. Do not use Observe to encourage obviously dangerous acts or reckless use of equipment.

Personalised generated images, diagrams or videos that show what better performance may look like are instructional visualisations. They are not recordings or evidence of what the person actually did. A new claim about actual performance requires new submitted evidence, such as a Re-Observation.

Where the activity involves injury risk, medical issues, professional qualification, employment, legal rights or another high-impact decision, seek appropriately qualified human advice rather than relying on Observe alone.

Part D — Your content and intellectual property

13. Your content remains yours

You retain ownership of the videos, images, audio, text and other original material you submit to Observe (Your Content), subject to any rights another person already has in that material. Uploading Your Content does not assign or transfer your copyright to Observe.

14. The licence you give Observe

By submitting Your Content, you give Observe a worldwide, non-exclusive, royalty-free licence to host, copy, process, analyse, adapt for technical purposes, transmit, display and transform Your Content into service outputs, including personalised improvement media requested through features such as Show Me Better, Reimagine or See the Fix, only to the extent reasonably necessary to provide, secure and operate the Service, generate and export the outputs you request, enable sharing you choose, investigate misuse, comply with law and exercise our rights under these Terms. We may allow service providers acting for us to exercise those rights only to the extent needed to provide their services to Observe.

Because performance videos are part of the account holder’s private performance history, they may remain stored until the account holder deletes the relevant video or Observation, or deletes the account. This licence ends when Your Content is deleted from our active systems, except where copies remain temporarily in backups, have been retained where required or permitted by law, or have already been shared outside Observe by you or an authorised recipient. Our Privacy Policy sets out the applicable retention periods.

15. Only submit material you have the right to use

You must only submit or analyse material that you created, own, have permission to use, or are otherwise legally entitled to use. If a generated report contains protected third-party material, you must also have the right to export or share it.

Copyright can apply to videos, photographs, music, broadcasts, training materials, coaching content, graphics, written material and other creative works. Material found online is not automatically free to use, and giving credit to the creator does not by itself give you permission.

If your use is permitted by an applicable licence, a legal exception or another lawful basis, you remain responsible for complying with the conditions of that permission or exception. You must also respect creators’ moral rights, including rights of attribution and integrity, where those rights apply.

16. Observation reports and AI-generated outputs

As between you and Observe, you may use, download and share Observation reports, feedback and other outputs generated for your account, subject to these Terms, applicable law and the rights of other people.

Observe does not promise that an AI-generated output is unique, that the same or similar output will not be generated for another user, or that every AI-generated element is capable of copyright protection.

17. Observe intellectual property

Except for Your Content and third-party material, the Observe PWA, website, software, branding, trade marks, logos, interface designs, report formats, scoring methods, proprietary analysis systems, models, prompts, proprietary workflows, documentation and other platform materials are owned by or licensed to Observe and are protected by applicable intellectual-property laws.

You may use them only as permitted by the Service and these Terms. You must not copy, reproduce, distribute, sell, licence, scrape, reverse engineer or create a competing derivative of protected Observe technology, except where we give permission or the law expressly allows it. Your right to use an Observation output does not transfer ownership of any of those materials to you.

18. Sharing reports and AI outputs

You may choose to export or share a generated Observation report or other AI-generated output outside Observe using available device or browser sharing tools. Stored performance video is not included in that share.

A recipient may be able to copy or retain a report after you share it, so share only where you are comfortable doing so and have any authority required for the person whose performance is described.

19. Copyright and intellectual-property complaints

If you reasonably believe material processed or generated through Observe infringes copyright or another intellectual-property right, use the in-product Report option where available or contact copyright@observe-me.com. Please provide enough information for us to investigate, including your name and contact details, the work or right you believe is affected, the relevant Observation or output, why you believe the use is unauthorised, and whether you are the rights owner or are authorised to act for them.

We may review the material, ask the complainant or uploader for further information, temporarily restrict access while we investigate, remove or disable access to material, restore material where a complaint is not substantiated, or take action against an account that repeatedly or seriously infringes intellectual-property rights. Our response will depend on the circumstances and any legal obligations that apply.

If we remove or restrict Your Content following an intellectual-property complaint and you believe the decision is wrong, contact copyright@observe-me.com with the relevant Observation or content reference and explain the basis on which you own the material, have permission, or are otherwise entitled to use it. We may provide relevant information to the complainant where reasonably necessary to resolve the dispute and permitted by law.

Do not knowingly submit false, misleading or abusive intellectual-property complaints. Misuse of the reporting process may lead to restrictions on your account and may expose you to legal consequences.

Part E — Acceptable use and enforcement

20. Acceptable use

Observe exists to help people get better. Only record, upload or analyse performance content that you are legally entitled and appropriately authorised to use. Do not submit unlawful, exploitative, seriously harmful or deliberately deceptive material.

Do not upload private recordings or identifiable information about another person unless you have the right and appropriate permission or authority to do so. Do not use Observe to expose another person’s private contact details, precise location, medical information or other sensitive personal information.

You must not use Observe to:

  • harass, threaten, bully, stalk, shame or deliberately humiliate another person;
  • sexually exploit, groom or sexualise a person under 18;
  • upload unlawful, seriously harmful or exploitative content;
  • publish private information or recordings without appropriate permission or authority;
  • infringe copyright, trade marks or other intellectual-property rights;
  • impersonate others, scam users or deliberately deceive people;
  • interfere with, probe, reverse engineer, overload or compromise the security or operation of the Service, except where law expressly permits;
  • introduce malicious code, automated abuse, scraping or spam;
  • use the Service in a way that violates applicable law or these Terms.

21. Reporting problems

If an Observation or AI output appears inaccurate, unsafe, offensive or inappropriate, use the Report this response option or contact support@observe-me.com. Feedback helps us investigate problems and improve the Service.

If you believe content or a report infringes privacy, copyright or another legal right, use the relevant Report option or contact safety@observe-me.com, privacy@observe-me.com or copyright@observe-me.com as appropriate.

22. Enforcement, suspension and termination

We may remove or restrict content, limit a feature, suspend an account or terminate access where reasonably necessary to enforce these Terms, protect users, investigate misuse, respond to a legal requirement or protect the Service. Where appropriate, we may consider the seriousness and context of the conduct and provide a way to challenge an enforcement decision.

Part F — Payments, credits and refunds

Nothing in this Part removes any right or remedy you have under the Australian Consumer Law or another law that applies to you.

23. Prices and purchases

Observe may offer individual Observations, packs, credits, subscriptions or other paid features. The price, currency, inclusions, taxes and any material conditions will be displayed before you complete a purchase.

24. Payment processing

Payments may be processed by a third-party payment provider. You authorise the applicable provider to charge the payment method you choose and the amount shown at checkout. Payment processing may also be subject to the payment provider’s terms. Observe may receive transaction identifiers, payment status and limited billing information, but does not necessarily receive or store your full payment-card details.

25. Credits and when they are used

Where a purchase provides Observe credits, the number of credits and what each credit can be used for will be shown before purchase. A Re-Observation is a new analysis of newly submitted performance evidence and may use a credit where disclosed in the product. A credit is treated as used when the corresponding paid analysis or feature has been successfully provided. If any expiry or special condition applies, it will be clearly disclosed before you buy it.

26. Technical failures

If a paid Observation fails because of an Observe technical problem and the paid service is not successfully delivered, contact support@observe-me.com. Depending on the circumstances, we may restore the credit, rerun the Observation, provide the service again or provide another remedy required by law.

27. Change of mind

Unless required by law or stated otherwise at purchase, we do not have to provide a change-of-mind refund for a paid Observation or credit that has already been used. We may consider requests involving unused purchases on a case-by-case basis.

28. Consumer guarantees

Where the Australian Consumer Law applies, services come with consumer guarantees that cannot be excluded. If a service has a problem, the remedy depends on the nature and seriousness of the problem and may include re-supply, cancellation, refund or compensation where the law requires it. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

29. Promotional credits

Free, bonus or promotional credits may be subject to additional conditions, including an expiry date, provided those conditions are clearly stated when the credit is offered. Promotional credits have no cash value unless required by law.

30. Account closure and unused credits

Before deleting your account, review any unused paid credits or active paid service. Deleting an account may make those credits unavailable. We will not use these Terms to remove any refund or consumer right that applies by law.

31. Suspected fraud or chargebacks

We may pause a transaction or account where reasonably necessary to investigate suspected fraud, payment abuse or an unauthorised transaction. If you believe a charge is unauthorised, contact your payment provider and support@observe-me.com promptly.

32. Payment and refund enquiries

For payment or refund questions, contact support@observe-me.com and include the account email, transaction reference and a brief description of the issue.

Part G — General terms

33. Closing your account

You may close your account through Settings > Account > Delete Account or by following the process at https://observe-me.com/account/delete. If you cannot access your account, contact privacy@observe-me.com.

Account deletion is subject to the retention, backup and request-handling provisions set out in our Privacy Policy, which also explains what deletion does and does not do, and how to make a request about content involving another person. Before deleting your account, see section 30 about unused credits.

34. Service availability and changes

We aim to keep Observe available and reliable, but the Service may occasionally be unavailable because of maintenance, technical faults, third-party services or circumstances outside our control. We may add, change or retire features. If a change materially affects a paid service you have already purchased, we will act consistently with applicable consumer law.

35. Disclaimers and liability

To the maximum extent permitted by law, Observe is provided on an as-available basis and we do not promise that every analysis, score or output will be accurate, complete or suitable for every purpose. To the maximum extent permitted by law, we are not liable for loss caused by using the Service contrary to these Terms or by matters outside our reasonable control.

Nothing in these Terms excludes or limits liability, consumer rights or remedies that cannot lawfully be excluded or limited.

36. Governing law

These Terms are governed by the laws of Western Australia, Australia, subject to any mandatory laws that apply to you based on where you live or purchase the Service.

37. Changes to these Terms

We may update these Terms as Observe evolves. We will publish the updated version with a new effective date and provide additional notice where a change materially affects existing users or paid services.

38. Contact

General support support@observe-me.com
Privacy requests and complaints privacy@observe-me.com
Safety reports safety@observe-me.com
Copyright and IP complaints copyright@observe-me.com
© 2026 Edduus Pty Ltd. All rights reserved.
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