Terms of Services

Effective Date: November 20, 2025

These Terms of Service (the “Terms”) are a legal agreement between Moving Mindz LLC dba Zobtopia (“Zobtopia,” “we,” “us,” or “our”) and the individual or entity who accesses or uses the Zobtopia online learning platform (the “Platform”) – including students, parents or guardians, teachers, school and district administrators, and other authorized users (collectively, “Users,” “you,” or “your”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

If Zobtopia has entered into a separate written agreement with a school, district, or other organization (an “Institution”) that governs access to and use of the Platform, that agreement controls to the extent it conflicts with these Terms.

1. Definitions

For purposes of these Terms:

“Institution” means any school, school district, education agency, afterschool or community program, or other organization that purchases or authorizes use of the Platform for its students or staff.
“Authorized Users” means individuals that an Institution permits to use the Platform under its account, such as students, teachers, instructional staff, school or district administrators, and other personnel.
“Student” means an Authorized User who is a minor using the Platform for educational purposes through an Institution or under the supervision of a parent or guardian
“Educator” means a teacher, instructional aide, specialist, coach, or other staff member or contractor who uses the Platform for educational purposes with Students.
“Student Data” means any information that relates to an identifiable Student and is provided to Zobtopia by an Institution or collected by Zobtopia on behalf of an Institution through the Platform.
“Content” means all curriculum materials, activities, assessments, graphics, text, images, audio, video, software, and other materials made available on or through the Platform.
“User Content” means any content that Users or Institutions submit, upload, or create using the Platform, including student work, teacher-created activities, and other materials.

2. Eligibility and User Types

2.1 Institutional Use

The Platform is primarily intended for use by Institutions and their Authorized Users for educational purposes. By enabling access for Authorized Users, the Institution represents and warrants that:

It is duly authorized to enter into these Terms and any related agreements with Zobtopia.
It will ensure that all Authorized Users comply with these Terms and any applicable organizational policies.
It has obtained all necessary consents and permissions required under applicable law to allow Zobtopia to process Student Data in connection with providing the Platform.

2.2 Individual Use

Where permitted, parents or guardians and individual educators may create accounts or access the Platform directly (for example, as part of a pilot program or supplemental use at home). By registering or using the Platform in this way, you represent that:

You are at least 18 years old, and
If you permit a child under 18 to use the Platform, you are that child’s parent or legal guardian or have appropriate authority from the child’s parent or guardian.

2.3 Children Under 13

The Platform may be used by children under 13 only:

As Students whose access is arranged and supervised by an Institution, or
Under the supervision of a parent or legal guardian who has reviewed and agreed to these Terms and the Privacy Policy.

Zobtopia complies with the Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from children under 13 except as permitted by law and as described in our Privacy Policy. For Institutional use, the Institution may provide any required COPPA consent on behalf of parents or guardians where permitted, and only for educational use of the Platform.

3. Accounts and Registration

3.1 Account Creation

Accounts on the Platform may be:

Created and managed by an Institution or its administrators,
Created through integrations with third party systems such as single sign on or student information systems, or
Created directly by a User in cases where Zobtopia allows individual registration

Student accounts are typically created and managed by Institutions or Educators. Students are not required to create their own accounts unless explicitly permitted by the Institution and Zobtopia.

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your login credentials,
Restricting access to your device or account, and
All activities that occur under your account.

You agree to:

Notify Zobtopia promptly at the contact information below if you become aware of any unauthorized access or suspected breach of security, and
Not share your login credentials with others, including Students, except as allowed by your Institution’s policies.

Zobtopia may require you to change your password or may suspend or disable your account if we believe it is being used in violation of these Terms or in a way that may harm the Platform, Users, or Zobtopia.

4. Student Data and Privacy

Your privacy is important to us. Our Privacy Policy, available at https://www.zobtopia.com/privacy-policy/, explains how we collect, use, and protect personal information, including Student Data. By using the Platform, you agree that Zobtopia may process personal information in accordance with the Privacy Policy.

4.1 Role Under FERPA and Similar Laws

When an Institution in the United States provides Student Data to Zobtopia or allows Zobtopia to collect Student Data on its behalf, Zobtopia will:

Act as a “school official” or similar role with a legitimate educational interest, as that term is used under the Family Educational Rights and Privacy Act (FERPA), where applicable.
Use Student Data only to provide, maintain, secure, and improve the Platform, to support educational and school purposes, and as otherwise permitted by the Institution and applicable law.
Not disclose Student Data to third parties except:
- To service providers that are bound by confidentiality and security obligations and use the information only for purposes of providing services to Zobtopia.
- As directed or authorized in writing by the Institution.
- As required by law or to protect the rights, safety, or security of Users or others, consistent with applicable law.

4.2 COPPA and Children’s Privacy

Consistent with COPPA and our Privacy Policy:

For Students under 13, we limit the personal information we collect and process to what is reasonably necessary to provide the educational program.
For Institutional use, we rely on the Institution to obtain any necessary consent from parents or guardians where permitted by law, and we use Student Data only for educational purposes.
We do not use Student Data to serve targeted advertising to Students or to build profiles for marketing purposes.

4.3 Data Security and Retention

Zobtopia uses reasonable administrative, technical, and physical safeguards intended to protect personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is perfectly secure, and we cannot guarantee absolute security.

We retain Student Data and other personal information for as long as needed to provide the Platform and to fulfill the purposes described in these Terms and our Privacy Policy, unless a longer retention period is required or permitted by law or by our agreement with an Institution.

Upon termination of services with an Institution, Zobtopia will, within a reasonable period of time and consistent with applicable law and any written agreement with the Institution:

Delete or de identify Student Data, or
Return Student Data to the Institution upon written request, if technically feasible.

5. License to Use the Platform

Subject to your compliance with these Terms and any applicable agreement between Zobtopia and an Institution, Zobtopia grants you a limited, revocable, non-exclusive, non transferable license to access and use the Platform and Content solely:

For your own educational use, if you are a Student or parent or guardian, or
For instructional, administrative, or professional use in connection with your role at an Institution, if you are an Educator or administrator.

You may not:

Reproduce, modify, publicly display, publicly perform, distribute, or create derivative works of the Platform or Content except as expressly permitted by these Terms or by Zobtopia in writing.
Use the Platform or Content for any commercial purpose unrelated to educational use of the Platform without our prior written consent.

6. Content and Intellectual Property Rights

6.1 Zobtopia Content

The Platform and all Content, including but not limited to software, code, curriculum materials, learning activities, assessments, design elements, logos, and trademarks, are owned by Zobtopia or its licensors and are protected by intellectual property laws.

Except for the limited license granted in Section 5, you do not acquire any ownership interest in the Platform or Content. All rights not expressly granted to you in these Terms are reserved by Zobtopia and its licensors.

6.2 User Content

As between you, your Institution, and Zobtopia:

Your Institution (or the individual User, as applicable) retains ownership of User Content created or submitted through the Platform.
By submitting or uploading User Content to the Platform, you and your Institution grant Zobtopia a non exclusive, worldwide, royalty free license to host, store, reproduce, process, display, and otherwise use User Content solely:
- To provide, maintain, and support the Platform and related services. o To prevent or address service, security, or technical issues.
- As otherwise instructed by the Institution or permitted by these Terms or another written agreement.

Zobtopia will not use User Content, including Student work, to advertise or market to Students.

6.3 Aggregated and De Identified Data

Zobtopia may use aggregated or de identified information derived from use of the Platform for purposes such as:

Improving or developing educational content and features.
Analyzing usage trends and learning outcomes at an aggregate level.
Conducting research and preparing reports or insights that do not identify individual Students or Users.

Where we do so, we will not attempt to re-identify de-identified information except as required for security or legal compliance.

6.4 Feedback

If you submit feedback, suggestions, or ideas about the Platform or Content, you acknowledge that:

Zobtopia may use such feedback for any lawful purpose, including improving the Platform, without obligation to you, and
You are not entitled to any compensation or attribution for such use.

7. Acceptable Use

You agree to use the Platform only for lawful purposes and in a manner consistent with these Terms, our Privacy Policy, and any applicable policies of your Institution.

You agree not to:

1. Unlawful or harmful conduct
1. Use the Platform in any way that violates applicable law or regulations.
2. Engage in harassment, bullying, discrimination, threats, or other harmful behavior toward any User.
3. Upload or transmit content that is obscene, defamatory, or otherwise objectionable in an educational setting.
2. Misuse of accounts and data
1. Share your login credentials with unauthorized individuals.
2. Attempt to access or view Student Data or other personal information that you are not authorized to access.
3. Upload or store highly sensitive information that the Platform is not designed to handle, such as social security numbers or detailed medical records.
3. Intellectual property violations
1. Infringe on the intellectual property or other rights of Zobtopia or any third party.
2. Upload content for which you do not have appropriate rights or permissions.
4. Security violations
1. Attempt to gain unauthorized access to the Platform, other accounts, or Zobtopia systems.
2. Probe, scan, or test the vulnerability of the Platform or any related system or network.
3. Introduce viruses, malware, or other harmful code.
5. Interference and misuse
1. Interfere with or disrupt the operation of the Platform or any User’s ability to access the Platform.
2. Use any automated system, such as robots, scrapers, or offline readers, to access the Platform in a manner that sends more requests to our servers than a human can reasonably produce.
3. Use the Platform to build or train a competing product or service without our prior written consent.

Institutions may adopt additional rules for the appropriate use of the Platform by Students and staff. Where those rules conflict with these Terms, Users should follow the stricter requirement.

8. Third Party Services and Integrations

The Platform may integrate or interoperate with third party services such as:

Single sign-on providers,
Student information systems,
Learning management systems, or
Cloud hosting and analytics providers.

Your use of any third party services is subject to their own terms and privacy policies, which we do not control. Zobtopia is not responsible for the content or practices of third party services.

Where Zobtopia engages third party service providers to assist in operating the Platform or processing personal information on our behalf, those providers are bound by contractual obligations to protect the confidentiality and security of that information and to use it only for purposes of providing services to Zobtopia.

9. Payments, Subscriptions, and Refunds

This Section applies only where Zobtopia offers paid subscriptions, licenses, or other paid features directly through the Platform. If you access the Platform solely under a separate agreement between Zobtopia and an Institution, the payment and refund terms in that separate agreement will govern.

Pricing, billing cycles, and payment methods will be described at the point of purchase or in an order form or invoice.
Unless stated otherwise, fees are non-refundable except where required by law or explicitly provided in the applicable order form or separate agreement.
Zobtopia may change its pricing and available plans, but such changes will not apply retroactively to an existing prepaid subscription term.

10. Term, Suspension, and Termination

These Terms remain in effect while you use the Platform.

10.1 Suspension or Termination by Zobtopia

We may suspend or terminate your access to the Platform or any portion of it, with or without notice, if we reasonably believe that:

You or your Institution have violated these Terms or any applicable law,
Your use of the Platform poses a security risk or may harm other Users, Zobtopia, or third parties, or
We are required to do so by law or by a governmental or regulatory authority.

For Institutional accounts, we will use reasonable efforts to notify the Institution’s designated contact of any suspension that is not required by law or related to an emergency security issue.

10.2 Termination by Institution or User

An Institution may stop using the Platform at any time, subject to any separate agreement with Zobtopia regarding subscription terms, termination, and data handling.

Individual Users may stop using the Platform by discontinuing access and, where applicable, requesting that their account be closed.

10.3 Effect of Termination

Upon termination or expiration of access:

The license granted to you under these Terms will end.
Zobtopia may deactivate or delete your account and related information, subject to any data retention obligations described in these Terms, our Privacy Policy, and any separate agreement with an Institution.
For Institutions, Zobtopia will handle Student Data in accordance with Section 4.3 and any applicable written agreement.

Sections that by their nature should survive termination will continue in effect, including but not limited to Sections 4, 6, 7, 8, 11, 12, 13, 15, and 16.

11. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOBTOPIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ZOBTOPIA DOES NOT WARRANT THAT:

THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, • DEFECTS OR ERRORS WILL BE CORRECTED, OR
THE PLATFORM WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Institutions are responsible for determining whether the Platform is appropriate for their educational programs and for meeting their own legal and regulatory obligations.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZOBTOPIA OR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ZOBTOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOBTOPIA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

THE AMOUNT PAID BY THE APPLICABLE INSTITUTION TO ZOBTOPIA FOR ACCESS TO THE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
ONE HUNDRED U.S. DOLLARS (US $100) IF NO SUCH PAYMENTS HAVE BEEN MADE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

13. Indemnification

To the extent allowed by law and any applicable agreement between Zobtopia and an Institution, you agree to indemnify and hold harmless Zobtopia and its officers, directors, employees, and agents from and against any third party claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or related to:

Your violation of these Terms,
Your misuse of the Platform or Content, or
Your violation of any rights of a third party.

Indemnification obligations of Institutions may be set out in more detail in a separate written agreement. In the event of any conflict between that agreement and this Section, the separate agreement will control for the Institution.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Platform that is not subject to a separate written agreement will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

Nothing in this Section limits the ability of an Institution and Zobtopia to adopt different dispute resolution terms in a separate written agreement.

15. Changes to the Platform and to these Terms

We may update or modify the Platform from time to time, including by adding or removing features.

We may also update these Terms from time to time. When we do:

We will post the updated Terms on the Platform with a new “Effective Date” at the top, and
For material changes that affect how we use Student Data or significantly change Users’ rights or obligations, we will take additional steps to provide notice, such as sending an email to the Institution’s contact on file or posting a prominent notice within the Platform.

Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using the Platform. Institutions that have a separate written agreement with Zobtopia may have additional rights regarding changes to terms as set out in that agreement.

16. Copyright Complaints

If you believe that any content on the Platform infringes your copyright, you may notify us by providing a written notice that includes the information required under applicable copyright laws (for example, the U.S. Digital Millennium Copyright Act).

17. Accessibility

Zobtopia aims to support accessible learning experiences for all Users. If you encounter any barriers to access or have questions about accessibility features, please contact us at the email below so we can review and address your concern.

18. Miscellaneous

Entire Agreement. These Terms, together with any separate written agreement between Zobtopia and an Institution and our Privacy Policy, constitute the entire agreement between you and Zobtopia regarding the Platform.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any provision of these Terms will not be considered a waiver of our rights.
Assignment. You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. Zobtopia may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

19. Contact Us

If you have questions or concerns about this Privacy Policy or our data practices, you may contact us at:

Email: info@zobtopia.com

Alternate email: info@movingmindz.com

Moving Mindz LLC dba Zobtopia
17434 Bellflower Blvd, Ste 200-189
Bellflower, CA 90706

Phone: (562) 329 9659