Terms of Service
Effective: 2026-06-14 · Last updated: 2026-06-14
1. Agreement
These Terms of Service (the “Terms”) govern your use of the websites, applications, and services (collectively, the “Services”) provided by Octafish Systems, LLC (“Octafish,” “we,” “us,” or “our”). By signing in to or using any of the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.
2. Who can use Octafish
You may use the Services if you can form a binding contract with Octafish and are not prohibited from doing so under applicable law. Specifically:
- Teachers and administrators may create accounts directly using a Google account.
- Students under 13 may use the Services only with prior school authorization that includes any required parental consent under the U.S. Children’s Online Privacy Protection Act (COPPA).
- Students 13 and older may use the Services under school authorization.
- If you are using the Services on behalf of a school, district, or other organization, you represent that you are authorized to do so and that your acceptance of these Terms binds that organization.
3. Your account
Authentication is provided through Google Sign-In. You are responsible for maintaining the security of your Google account and for all activity that occurs under your Octafish account. Notify us immediately at security@octafish.com if you believe your account has been compromised.
You may sign out at any time. You may revoke Octafish’s access to your Google account from your Google account security page.
4. Free and paid tiers
Octafish currently offers our Services at no cost during a tester and early access period. We may introduce paid plans, paid add-ons, and site-license arrangements in the future. We will provide notice of any paid plan changes that affect you at least 30 days in advance.
Where a school or district holds a site license, the terms of that license agreement govern the relevant users’ use of the Services and prevail over these Terms in the event of conflict on covered matters.
5. Acceptable use
You agree not to use the Services to:
- Violate any applicable law or regulation.
- Infringe the intellectual property or privacy rights of any person.
- Upload or transmit malware, viruses, or other harmful code.
- Attempt to reverse engineer, decompile, scrape at scale, or otherwise interfere with the operation of the Services.
- Use the Services to harass, bully, threaten, defame, or otherwise harm any person.
- Access another user’s account without their authorization.
- Misrepresent your identity or affiliation.
We may suspend or terminate accounts that violate these Acceptable Use rules.
6. Schools, districts, and student users
When the Services are used in a K-12 educational setting, Octafish operates as a “school official” with a legitimate educational interest under FERPA. The school or district remains the custodian of student records. Octafish is willing to enter into a Data Privacy Agreement (DPA) with any district as a condition of deployment; districts should request a DPA at privacy@octafish.com.
Use of the Services by a student is contingent on the school’s authorization. If a school revokes authorization or a parent objects, the affected student’s account and data will be deleted within 30 days of the request.
7. Your content
You retain all rights to content you create or upload (for example, custom quiz questions, classroom names, and similar). By using the Services, you grant Octafish a limited, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical purposes such as caching and formatting), and display your content solely to the extent needed to provide the Services to you and those you have authorized.
We do not claim ownership over Google Classroom data accessed through our Services. Such data remains owned and controlled by you and your school per Google’s terms.
8. Intellectual property
The Services, including our software, designs, text, graphics, and trademarks (including “Octafish” and the Octafish logo), are owned by Octafish Systems, LLC and protected by intellectual property laws. Except for the rights expressly granted to you in these Terms, all rights are reserved.
9. Third-party services
The Services integrate with third-party services, including Google Sign-In and the Google Classroom API. Your use of those third-party services is subject to the third party’s own terms and privacy policies. We are not responsible for the practices of those third parties.
10. Service availability and changes
We aim to keep the Services available and working but do not guarantee uninterrupted operation. We may modify, suspend, or discontinue any part of the Services at any time. Where we discontinue a paid feature you have paid for, we will provide a prorated refund or credit.
11. Termination
You may stop using the Services at any time. You may delete your account by emailing privacy@octafish.com. We may suspend or terminate accounts that violate these Terms or that threaten the security or integrity of the Services.
Upon termination, your account and associated data will be deleted in accordance with our Privacy Policy.
12. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OCTAFISH SYSTEMS, LLC AND ITS MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNT YOU PAID OCTAFISH IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow exclusion or limitation of certain damages. To the extent any portion of the above is unenforceable, the remainder will be enforced to the maximum extent permitted.
14. Indemnification
You agree to indemnify and hold Octafish Systems, LLC harmless from any claims, damages, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms or your misuse of the Services.
15. Governing law and disputes
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Livingston County, Michigan, and the parties consent to personal jurisdiction in those courts.
16. Changes to these Terms
We may update these Terms from time to time. For material changes, we will give at least 14 days advance notice by email or in-app banner. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes.
17. Miscellaneous
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Octafish regarding the Services. If any provision is found unenforceable, the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.
18. Contact us
Octafish Systems, LLC
509 Franklin Street
Brighton, MI 48116
United States
General questions: hello@octafish.com
Legal/privacy: privacy@octafish.com
Security: security@octafish.com