Terms of Service

Last updated 17/02/2025

Table of Contents

1. Introduction

Welcome to Obserra (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our web application and browser extension (the “Services”). By using Obserra, you (“User,” “you,” or “your”) agree to comply with and be legally bound by these Terms.

Obserra provides tools to help users manage their time on YouTube. We are not affiliated with, endorsed by, or operated by YouTube or Google LLC.

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, you must stop using the Services immediately.

We may update these Terms from time to time. Any modifications will be posted on our website, and continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.

2. Eligibility

By using Obserra, you confirm that you meet the following eligibility requirements:

  • Age Requirement: You must be at least 13 years old to use our Services. If you are under 18, you may only use the Services with the consent of a parent or legal guardian. In certain jurisdictions (such as the European Economic Area), the minimum age may be 16 in compliance with local laws. If you are under the applicable age, you must not use the Services.
  • Legal Compliance: You may only use Obserra if your use complies with all applicable laws and regulations. You are responsible for ensuring that your use of the Services does not violate any local, national, or international laws.
  • Account Responsibility: If you create an account, you confirm that all information provided is accurate and that you are using the Services for personal, non-commercial purposes unless otherwise authorized by us.

We reserve the right to suspend or terminate your access to the Services if we determine that you do not meet these eligibility requirements.

3. Account Registration and Security

Account Creation: To access certain features of Obserra, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update it as necessary.

Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your password. Any activity under your account will be considered your responsibility. If you suspect unauthorized access, you must notify us immediately.

Account Usage: You may not share your account with others or allow unauthorized users to access the Services through your account. We reserve the right to suspend or terminate accounts that are misused or violate these Terms.

Third-Party Login: If you register using third-party authentication (such as Google), you agree to allow us to access certain account information as permitted by that service. Your use of third-party login methods is also subject to their respective terms and privacy policies.

Account Termination: You may request to delete your account by contacting our support team at [email protected]. Upon termination, some data may be retained as required by law or for legitimate business purposes, as outlined in our Privacy Policy.

4. Subscription and Payments

Payment Processing: Obserra offers paid subscription plans, which are securely processed by Stripe. By subscribing, you authorize Stripe to charge your selected payment method. We do not store or process your payment details directly.

You acknowledge that your payment transactions are subject to Stripe's Terms of Service and Privacy Policy, which you should review before using their payment services.

Billing and Renewal: Subscription plans are billed on a recurring basis (e.g., monthly or annually) unless canceled. By subscribing, you agree to automatic renewal unless you cancel before your next billing date.

Refund and Dispute Policy:

  • Payments are non-refundable unless required by law.
  • If you believe you were incorrectly charged, you must contact us at [email protected] within 7 days of the charge.
  • If you dispute a charge with your bank or Stripe, we reserve the right to suspend or terminate your access to the Services until the dispute is resolved.

Cancellation Policy:

  • You can cancel your subscription at any time through your account settings or by contacting our support team.
  • Your subscription will remain active until the end of the billing cycle, and you will not be charged for the next period.
  • Canceling does not trigger a refund, but you will retain access until your current subscription period ends.
  • Pricing Changes: We may update subscription prices at our discretion. Any price changes will be communicated in advance, and continued use after the change constitutes acceptance of the new pricing.

Legal and Export Restrictions:

  • You may not use Obserra if you are in a country or region where our services are prohibited by law or subject to trade restrictions.

5. Use of Services

Authorized Use: You may use the Services solely for personal, non-commercial purposes, in compliance with these Terms. You agree not to use the Services for any illegal or unauthorized purposes, and you will not engage in any activity that could damage, disable, or impair the functionality of the Services or interfere with other users' access to the Services.

Prohibited Activities: You may not:

  • Violate any applicable local, state, national, or international laws or regulations.
  • Use the Services to track, monitor, or access content in ways that are not authorized by the Services.
  • Attempt to reverse engineer, decompile, or disassemble any part of the Services, including any software or systems.
  • Use the Services to engage in spamming, phishing, or other forms of unauthorized marketing or solicitation.
  • Access or use the Services for purposes that could damage or disable any third-party services, software, or devices.

Content Responsibility and License Grant:

  • You are solely responsible for any content you access, upload, or share through the Services. Obserra does not review or control user-generated content and is not responsible for its legality, accuracy, or appropriateness.
  • By uploading or sharing content through the Services, you grant Obserra a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, distribute, and display such content for the purpose of operating, improving, and providing the Services.
  • This license will remain in effect as long as you use the Services. Upon termination of your account, we will remove your content as outlined in our Privacy Policy, but we may retain copies for legal or operational purposes.

License to Use the Services: You are granted a non-exclusive, limited, revocable license to access and use the Services solely for the purposes intended by Obserra. You may not copy, modify, sublicense, or distribute the Services without express written consent from Obserra.

Compliance with YouTube Terms of Service: By using the Services, you acknowledge that your use of YouTube is subject to YouTube's Terms of Service and Privacy Policy. Obserra is not responsible for your use of YouTube or any changes to YouTube's terms, functionality, or policies.

No Right to Modify Services: You agree not to modify, adapt, or otherwise create derivative works of the Services without express written consent from Obserra. You also agree not to attempt to access any part of the Services that is not made available to you.

Suspension of Services: We reserve the right to suspend or terminate your access to the Services if we believe you are violating these Terms or engaging in any prohibited activities.

6. Data Collection and Privacy

Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. We encourage you to read the Privacy Policy carefully to understand our practices.

Third-Party Services: We use third-party services, such as Stripe for payment processing. These third parties may collect information about your use of the Services, and their practices are governed by their respective Terms of Service and Privacy Policies.

Data Security: We implement robust security measures to protect your data from unauthorized access, use, or disclosure. While no method of data transmission or storage can guarantee absolute security, we work diligently to maintain the integrity and confidentiality of your information.

Children's Privacy: We do not knowingly collect personal data from individuals under the age of 13. If we learn that we have collected data from a child under 13, we will take steps to delete it.

7. Intellectual Property

Ownership of Services: All rights, title, and interest in and to the Services, including any associated software, designs, graphics, text, trademarks, logos, and other intellectual property, are owned by Obserra or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

Web Extension Code: The code associated with the Obserra web extension, although viewable, remains the exclusive property of Obserra. You are granted no rights or licenses to use, distribute, modify, or otherwise exploit the code.

User Content: You retain ownership of any content you upload, share, or create through the Services. By uploading or sharing content, you grant Obserra a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, distribute, and display such content solely for the purpose of operating and improving the Services. This license will remain in effect as long as your account is active, and upon termination, we will remove your content from the Services as outlined in our Privacy Policy.

Trademarks: All trademarks, service marks, and trade names used in connection with the Services are the property of Obserra or its respective owners. You may not use any trademarks, service marks, or trade names without prior written permission from the respective owner.

Feedback: If you provide us with any feedback, suggestions, or recommendations regarding the Services, you grant Obserra a perpetual, royalty-free, fully transferable license to use such feedback without any obligation to compensate you.

No Ownership Rights: Except for the limited rights expressly granted in these Terms, you do not acquire any ownership or other rights in the Services, content, or intellectual property associated with the Services.

8. Termination

Termination by You: You may terminate your account at any time by contacting our support team at [email protected]. Upon termination, you will lose access to your account and the Services, but some data may be retained as required by law or for legitimate business purposes, as outlined in our Privacy Policy.

Termination by Obserra: We reserve the right to suspend or terminate your access to the Services at our sole discretion, without notice, for any reason, including if we believe you have violated these Terms, engaged in fraudulent activity, or conducted illegal or harmful activities.

Effect of Termination: Upon termination, all rights granted to you under these Terms will immediately cease. You must cease all use of the Services and delete any copies of the Services or related content in your possession. Termination does not affect any accrued rights or obligations up to the date of termination.

Survival: Certain provisions of these Terms, such as those related to intellectual property, liability, indemnification, and dispute resolution, will survive the termination of these Terms.

9. Disclaimer of Warranties

No Warranty: The Services are provided "as is" and "as available", without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Obserra disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

No Guarantee of Service Availability: Obserra does not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any content available through the Services.

Third-Party Services: We are not responsible for the availability, content, or services provided by third parties, including payment processors (such as Stripe) and other external platforms integrated with the Services. Your use of such third-party services is at your own risk and subject to their respective terms and privacy policies.

Use at Your Own Risk: You acknowledge and agree that your use of the Services is at your own risk. You are solely responsible for any damage to your device or data loss resulting from your use of the Services.

10. Limitation of Liability

No Liability for Damages: To the fullest extent permitted by applicable law, Obserra and its affiliates, officers, employees, agents, or licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, whether in an action of contract, tort (including negligence), or otherwise, arising out of or in connection with your use or inability to use the Services, even if Obserra has been advised of the possibility of such damages.

Maximum Liability: In no event shall the total liability of Obserra for all claims arising out of or in connection with these Terms or your use of the Services exceed the total amount you paid to Obserra in the 12 months immediately preceding the event giving rise to the liability.

Excluded Liability: Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

11. Indemnification

User Indemnification: You agree to indemnify, defend, and hold harmless Obserra, its affiliates, officers, employees, agents, and licensors from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Services, including any content you upload, share, or otherwise make available through the Services.
  • Your violation of these Terms or any applicable law or regulation.
  • Your infringement or misappropriation of any intellectual property, privacy, or other rights of a third party.

Obligations to Cooperate: Obserra reserves the right to assume exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with Obserra in asserting any available defenses.

12. Modification of the Services and Terms

Modification of Services: Obserra reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We may add, remove, or change features or functionality of the Services based on our discretion and in order to improve the user experience. We will make reasonable efforts to notify users of significant changes.

Modification of Terms: We reserve the right to modify or update these Terms at any time. Any changes to these Terms will be posted on our website and will be effective immediately upon posting. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the Services after any changes to the Terms constitutes your acceptance of the updated Terms.

Effect of Modification: If any modification to these Terms is unacceptable to you or causes you to no longer be in agreement with the Terms, you may terminate your account by contacting [email protected]. Continued use of the Services after a modification will be considered your acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

Governing Law: These Terms and any disputes arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

Dispute Resolution: Any dispute, claim, or controversy arising out of or in connection with these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA) or another mutually agreed-upon arbitration provider. The arbitration will take place in the United Kingdom, and the proceedings will be conducted in English.

Exclusion from Arbitration: Notwithstanding the foregoing, either party may bring a claim in a court of competent jurisdiction to seek injunctive relief or enforcement of these Terms.

Class Action Waiver: You agree that any dispute resolution will be conducted on an individual basis, and not as part of a class action, consolidated action, or representative action. If a court finds this waiver to be unenforceable, the entire arbitration clause will be void.

Cost of Arbitration: The party initiating the arbitration will bear the costs of the arbitration. However, each party will be responsible for their own legal fees and expenses, unless the arbitrator determines otherwise.

14. Affiliate Program Terms

Eligibility: To become an affiliate, you must register with Obserra. You must be at least 18 years old (or the minimum age required by your country's laws for online services) to participate in the Affiliate Program. By participating, you agree to these Terms and any additional guidelines or agreements associated with the Affiliate Program.

Referral Tracking and Cookies: When you share your referral link with potential users, you will be eligible to earn a commission for any new users who sign up within 30 days of visiting your link. Referrals are tracked via cookies. Please note that if a user blocks cookies, your referral may not be tracked, and you may not earn a commission for that sign-up.

Commissions:

  • You will earn a commission only for users who pay for and have an active Pro subscription. The commission amount will depend on your affiliate rank, which is determined by the number of qualified users (users with a paid subscription) you have referred.
  • You can track your rank and progress toward higher ranks through the Affiliate Dashboard.
  • Commissions are recurring as long as the referred user maintains an active Pro subscription.

Commission Tiers: The commission you earn depends on your referral rank. The rank is based on the number of qualified users you have referred (users who register using your referral code and subscribe to the Pro plan). Your rank may unlock additional commission rates, incentives, or bonuses.

Payout Methods: Affiliates can claim their earnings via one of the following methods:

  • Bank transfer (Wise): You will need to provide the necessary bank details for payout.
  • Cryptocurrency: You can redeem earnings in the cryptocurrencies we support (listed on the redemption page).
  • Obserra Pro Subscription: You may claim your earnings as an Obserra Pro subscription.

The minimum payout threshold is £10 to cover transaction fees.

Payout Requests: To receive your earnings, you must submit a payout request through the Affiliate Dashboard. Depending on your chosen redemption method, you may be required to provide additional information (e.g., bank details for Wise payouts).

Payout requests are processed manually to prevent abuse, so please note that processing times may vary due to volume. We will notify you via email regarding the status of your payout request.

Rejection of Payout Requests: We may reject payout requests if we determine that the referrals are not genuine organic users, if fraud is suspected, or if you have violated the Terms of Service. In such cases, we will notify you via email and may provide details regarding the rejection.

Prohibited Activities: Affiliates are prohibited from engaging in fraudulent, misleading, or deceptive practices. This includes, but is not limited to:

  • Using false or misleading advertising.
  • Generating fake referrals or incentivizing users to sign up for the sole purpose of earning commissions.
  • Spamming or using unauthorized methods to distribute referral links.

If we find that an affiliate has violated these rules, we reserve the right to suspend or terminate their participation in the Affiliate Program and forfeit any outstanding commissions.

Modification or Termination of Program: We reserve the right to modify or terminate the Affiliate Program at any time, including changing commission rates, modifying eligibility requirements, or discontinuing the program. Any changes will be communicated, and continued participation in the program constitutes acceptance of the new terms. We may also remove affiliates who engage in unethical practices or violate these Terms.

Tax Obligations: Affiliates are responsible for reporting and paying any applicable taxes on the commissions they earn. Obserra will provide any necessary documentation for tax purposes as required by law.

15. Miscellaneous

Entire Agreement: These Terms, along with any other legal notices or agreements published by Obserra on the Services, shall constitute the entire agreement between you and Obserra concerning the Services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Obserra's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Force Majeure: Obserra shall not be held liable for any delay or failure in performance of the Services if the delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor strikes, power outages, or natural disasters.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Obserra. Obserra may assign or transfer its rights and obligations at any time without restriction.

Relationship of the Parties: Nothing in these Terms shall create a partnership, joint venture, or employment relationship between you and Obserra. You agree not to hold yourself out as an agent, employee, or representative of Obserra.

Headings: The section titles in these Terms are for convenience only and have no legal or contractual effect.

Severability: If any part of these Terms is determined to be invalid or unenforceable, the remainder of these Terms will continue in full force and effect.

16. Contact Information

If you have any questions or concerns about these Terms, please contact us at [email protected]