Noticings — Terms of Service

Last updated: September 30, 2026

Provider: Adam Birch, operating as “Noticings” (“we,” “us,” “our”)

1. Agreement

These Terms of Service (“Terms” or the “Agreement”) are a binding contract solely between you and Adam Birch, operating as Noticings, governing your use of the Noticings website (https://noticingsapp.com/) (the “Website”), mobile application, and related services (the “Service”). By accessing the Website, creating an account, or using the Service, you agree to these Terms and to the Privacy Policy, which is incorporated by reference. These Terms contain limitations on our liability, a requirement that you indemnify us for certain types of losses or damages, and limit your ability to bring claims against us in court. If you do not agree, do not use the Service.

You agree to the most updated version of the Terms each time you access our Website or access and use the Service.

2. Who may use the Service

You may use the Service only if you:

• are at least 18 years old;
• are located in Ontario, Canada;
• are an educator (such as a teacher or designated early childhood educator) using the Service for your own professional documentation; and
• have the professional standing to document the students whose information you enter into the Service — that is, they are students in your care in your professional role;

The Service is not offered to children, and accounts may not be created for or used by anyone under the age of 18.

3. What the Service is — and is not

The Service lets you capture observation notes about classroom learning and generate draft report-card language (“Drafts”), including drafts structured for Ontario's Kindergarten Communication of Learning.

The Service is a drafting aid, not a system of record. You acknowledge and agree that:

• Drafts are starting points. You are solely responsible for reviewing, editing, verifying, and approving any content before using it in official reporting or communicating it to anyone.
• Official student records, including final report cards, live in your school board’s official systems (including under Ontario Student Record requirements). The Service holds your working professional notes only.
• We do not guarantee that any Draft meets the requirements of your board, school, principal, or professional regulatory body (such as character limits, required elements, or style rules), or that Drafts are complete or error-free.
• Noticings is an independent product. It is not affiliated with, endorsed by, or approved by the Ontario Ministry of Education, any school board, or professional body. References to Ontario curriculum and reporting structures describe compatibility, not endorsement.

4. Accounts

You must create an account to access the Service (an “Account”). You are responsible for maintaining access to the email address you use to sign into your Account, for the security of your device, and for all activity under your Account. You must promptly report any unauthorized activity on your Account to Noticings. You agree to choose a strong, unique password for your Account and to protect your password. Your Account is unique to you: one account is for one educator. You may not transfer your Account or permit third parties to access or use your Account. You are responsible for ensuring that information entered into your account is accurate.

You may invite one or more co-educators (such as a designated early childhood educator or a supply teacher) to work in your class under permissions you set (each a “Co-educator”). A Co-educator creates their own Account and joins your class using a code you provide; you may revoke their access at any time. When you invite a Co-educator, you represent and warrant that they are authorized to access and work with Your Content within the permissions you grant them. Notes a Co-educator creates in your class form part of Your Content and remain in your Account after their access ends.

5. Your content and your responsibilities

Ownership. Your notes, student entries, and edited reports (“Your Content”) belong to you. We claim no ownership of Your Content.

Licence to us. You grant us a limited, non-exclusive licence to host, store, transmit, process, and display Your Content solely as needed to provide the Service to you — including transmitting pseudonymized note text (with all student names replaced by tokens or similar pseudonymization technique) to our AI provider to generate Drafts. This licence ends when the content is deleted.

Data-entry rules. The Service is engineered around data minimization, and using it requires keeping to that design. You agree that you will:

• obtain all necessary permissions and consents before submitting personal information to the Service;
• enter only student first name and last initial to your student roster, as the app provides;
• not dictate or input in any free-text field to the Service: students’ last names, dates of birth, health or diagnostic information, family details, parent/guardian contact information, or any personal information not relevant to generate Drafts;
• not attempt to work around the app’s data-minimization or pseudonymization features;
• comply with your employment and professional obligations and your school board’s policies, including any acceptable-use policy that applies to professional tools. You are responsible for confirming that your use of the Service is permitted in your professional context.

Accuracy. You are responsible for the accuracy of what you record. Do not record observations you did not make.

Backups. We take reasonable measures to prevent data loss, but it is your responsibility to backup your data. We are not responsible for any loss, damage, or corruption of your data and we make no representations concerning the availability, reliability, or accuracy of any data backup or recovery service.

System Requirements. You are responsible for ensuring the compatibility of any device, operating system, and internet connection you use with any minimum requirements Noticings may specify from time to time. We are not responsible for any limitations or reduced functionality due to your failure to meet these requirements.

6. Beta Services

We may offer pre-release, trials, or beta versions of the Service (each a “Beta Service”) to test and evaluate existing or new portions of the Service. By using a Beta Service, you acknowledge and agree that it may contain bugs, errors, and other technical issues that could lead to data loss or system failures; that it may not include all features or functionality available in the final release of the feature in the Service; and that Noticings is under no obligation to support or update the Beta Service.

All feedback and suggestions you provide related to Beta Services shall be subject to Section 15 “Intellectual property and feedback” of these Terms. If you encounter a Beta Service feature that does not function as intended, you must promptly report it to us.

7. Maintenance and Downtime

We may perform maintenance, updates, or upgrades to the Service that can result in scheduled or unscheduled downtime. In each case, we will make reasonable efforts to minimize disruptions to the Service and provide you with advance notice. We are not liable for any loss or damage resulting from downtime or service interruptions.

8. AI-generated content

Drafts are generated by an artificial-intelligence system from Your Content. The system is designed to work only from your notes and to avoid inventing events, but AI output can contain errors, omissions, mischaracterizations, or awkward phrasing, and may occasionally produce text not supported by your notes. You must review every Draft against your own professional knowledge before use. Your professional judgment — not the Service — is the final authority on what appears in any report. Drafts are not professional, pedagogical, or legal advice.

9. Acceptable use

You agree not to:

• use the Service for any unlawful purpose, in violation of the terms of your agreement(s) with any third party, or in violation of these Terms;
• use the Service to document individuals who are not students in your professional care;
• probe, scan, or test the vulnerability or security of the Service, bypass authentication or security measures, or access another user’s data;
• reverse engineer, decompile, or disassemble the Service except to the extent such a restriction is prohibited by applicable law;
• scrape, harvest, or systematically extract data from the Service by automated means;
• resell, sublicense, or provide the Service to third parties;
• you must not submit content that contains viruses or malware;
• you must not tamper or interfere with the proper running of any part of the Website or the Service or any function thereof provided by Noticings;
• you must not attempt to crash, overload, spam, or hack the Website or the Service;
• you must not submit content to the Website or the Service that defames anyone or violates the legal rights of anyone, including their intellectual property rights, rights of privacy, or rights of publicity;
• you must not use the Service for any purpose other than those described under Section 3 “What the Service is — and is not”.

We may suspend or terminate any Account that violates these Terms without notice.

10. Fees and payment

The Service, or certain features thereof, may be offered free of charge as a Beta Service. Paid subscriptions are purchased through the Apple App Store or the Google Play Store (each, an “App Store”) using the in-app purchase and subscription mechanisms of that App Store, at the price presented there, plus applicable taxes. Payment is collected by the App Store operator under its own terms; Noticings does not receive or store your payment card information. You agree to pay all applicable fees, taxes, and charges associated with your use of the Service. Subscriptions automatically renew at the end of each billing cycle unless you cancel through your App Store account settings before the renewal date. Noticings cannot cancel an App Store subscription on your behalf, and deleting the app or your Account does not by itself cancel your subscription. Refunds are governed by the policies of the App Store operator; to the maximum extent permitted by law, Noticings does not itself issue refunds. Noticings may change its fees by providing you with reasonable notice. Fee changes take effect in accordance with the App Store’s procedures, and your continued use of the Service following the effective date of the change constitutes your acceptance of the new fees.

11. Term, termination, and your data

You may cancel your subscription at any time through your App Store account settings, and you may stop using the Service and delete your Account at any time from app Settings. Deletion is immediate, permanent, and irreversible — export your data first. The app provides one-tap JSON export and a year-end export-and-erase flow for exactly this purpose.

We may suspend your access, or terminate your Account, for breach of these Terms without notice. If we terminate your Account, we will keep Your Content available for you to export for 30 days after termination (unless we are required by law, or by a court or regulatory order, to delete it sooner), after which Your Content is deleted in accordance with the Privacy Policy. If you delete your Account, Your Content is deleted immediately as described above. Sections of these Terms that by their nature should survive termination (including Sections 8, 12, 13, 14, and 17) shall survive.

12. Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE, USAGE, TRADE, CUSTOM OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, COMPLETENESS, ACCESSIBILITY, TITLE, NON-INFRINGEMENT, MERCHANTABLE QUALITY, DURABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DRAFTS WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR REPORTING REQUIREMENT.

13. Limitation of liability

WE AND OUR SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, SAVINGS, INCOME, USE, REPUTATION OR GOODWILL UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AND $250.00 CAD.

14. Indemnity

You agree to defend, indemnify, and hold Noticings harmless from and against any and all liabilities, claims, damages, costs, and expenses, including lawyer’s fees and expenses, and tribunal and/or court costs and awards, arising from or related to your misuse of the Website, the Service, or any breach by you of these Terms. We reserve the right to choose counsel if we do not agree with your choice. We also reserve the right to assume control of any defence. You agree to cooperate with Noticings in the defence of any claim whether or not we assume defence of it. You will not settle any claim that involves injunctive relief or mandatory orders against us without our consent.

15. Intellectual property and feedback

The Service, including its software, design, and content other than Your Content, is the sole property of Noticings and/or our licensors. The Service is licensed to you, not sold. We grant you a non-exclusive, non-transferable, limited license to install the Service on any compatible single mobile device, tablet, or similar technology owned or controlled by you and to cache and display its contents solely in connection with the Service for your professional use.

If you send us suggestions or feedback, you grant us a perpetual, royalty-free, irrevocable, and sublicensable licence to use and incorporate it without obligation to you.

16. Apple / Google terms

If you download the Service from the Apple App Store or Google Play Store: these Terms are between you and us, not Apple or Google; Apple and Google have no obligation to provide maintenance or support for the Service; Apple and Google are not responsible for addressing claims relating to the Service; and Apple and Google and their subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you download the Service from the Apple App Store, your use of the Service is also governed by Apple’s Terms and Conditions, including the Licensed Application End User License Agreement (available at http://www.apple.com/legal/internet-services/itunes/ca/terms.html).

If you download the Service from the Google Play Store, your use of the Service is also governed by the Google Play Terms of Use (available at https://play.google.com/about/play-terms.html).

If there is a conflict or inconsistency between these Terms and the Apple Terms and Conditions or the Google Play Terms of Use, then, as between you and Noticings, these Terms will govern to the extent of that conflict or inconsistency.

17. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES OR CLAIMS BETWEEN YOU AND US ARISING OUT OF, RELATING IN ANY WAY TO, OR IN CONNECTION WITH THE WEBSITE OR THE SERVICE SHALL BE RESOLVED EXCLUSIVELY BY FINAL, BINDING ARBITRATION IN THE CITY OF TORONTO, ONTARIO, CANADA.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY.

18. Language – English / Anglais

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

19. Changes to these Terms

We may update these Terms. For material changes, we will give notice in the app or by email before the change takes effect. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and delete your account (exporting first).

20. General

These Terms, the Privacy Policy, and all other disclaimers and warnings on the Website and the Service constitute the entire agreement between you and Noticings. If any provision or portion thereof of these Terms is found by a court or arbitrator to be invalid or unenforceable for any reason, the remaining provisions and portions thereof will continue in full force and effect. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, without your consent. Our failure to enforce a provision is not a waiver.

21. Contact

Adam Birch, operating as Noticings · 5343 Dundas St W, Ste 601 #114, Etobicoke, ON M9B 6H8, Canada · Support: [email protected] · Privacy: [email protected]