Terms of Service

1. Acceptance of Terms

Welcome to ChartMyBehavior! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ClassroomPulse.io ("Company," "we," "us," or "our") governing your access to and use of ChartMyBehavior's website, applications, and services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

2. Eligibility

To use ChartMyBehavior, you must:

• Be at least 18 years of age
• Be a licensed educator, certified behavior analyst (BCBA), or authorized school official
• Have the legal authority to enter into these Terms
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations

3. Account Registration and Security

3.1 Account Creation

When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or other conduct we deem harmful to our Services or other users. You may terminate your account at any time through your account settings or by contacting support.

4. Subscription and Payment

4.1 Subscription Plans

ChartMyBehavior offers multiple subscription tiers:

• Basic (Free): Limited features for 1 student with 7-day data retention
• Professional ($29/month): Full features for unlimited students
• School & District: Custom pricing with advanced administrative features

4.2 Billing and Renewals

• Subscriptions automatically renew at the end of each billing period
• You will be charged using your selected payment method
• Prices are subject to change with 30 days advance notice
• All fees are non-refundable except as required by law
• Failed payments may result in service suspension

4.3 Free Trials

Professional plans include a 14-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your subscription will automatically begin and your payment method will be charged.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

5. Acceptable Use Policy

You agree to use ChartMyBehavior only for lawful, educational purposes. You must NOT:

• Violate any applicable laws, regulations, or third-party rights
• Upload false, misleading, or fraudulent information
• Impersonate another person or entity
• Attempt to gain unauthorized access to our systems or other user accounts
• Introduce viruses, malware, or harmful code
• Scrape, data mine, or use automated tools to access our Services
• Reverse engineer, decompile, or disassemble our software
• Resell, redistribute, or sublicense our Services without permission
• Use the Services in any way that could harm minors
• Interfere with or disrupt the integrity or performance of our Services

6. User Content and Data Ownership

6.1 Your Data Ownership

You retain all ownership rights to the data you input into ChartMyBehavior, including student records, behavior observations, and assessment results ("User Data"). We do not claim ownership of your User Data.

6.2 License to Use Your Data

By using our Services, you grant us a limited, non-exclusive license to:

• Store, process, and transmit your User Data to provide the Services
• Create backups and ensure data security
• Generate charts, reports, and analytics for your use
• Use aggregated, anonymized data for product improvement and research

6.3 Responsibility for User Data

You are solely responsible for the accuracy, quality, legality, and appropriateness of your User Data. You must obtain all necessary consents and comply with FERPA and other applicable privacy laws when entering student information.

7. Intellectual Property Rights

ChartMyBehavior and its entire contents, features, and functionality (including but not limited to software, designs, text, graphics, logos, and trademarks) are owned by ClassroomPulse.io and are protected by United States and international copyright, trademark, and other intellectual property laws.

Your use of our Services does not grant you ownership of any intellectual property rights. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Services without our prior written consent.

9. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

• The Services will meet your specific requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• Any defects or errors will be corrected

ChartMyBehavior is a data collection and visualization tool. It is not a substitute for professional clinical judgment, diagnosis, or treatment. You remain solely responsible for all educational and behavioral decisions regarding students.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLASSROOMPULSE.IO SHALL 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.

In no event shall our total liability to you for all claims exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless ClassroomPulse.io, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any third-party rights, including privacy rights
• Your User Data or content you submit
• Any negligent or wrongful conduct on your part

12. Modifications to Services and Terms

12.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.

12.2 Terms Modifications

We may revise these Terms at any time. Material changes will be communicated via email or prominent notice within the Services. Continued use after changes constitutes acceptance of the revised Terms.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions.

13.2 Arbitration

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall take place in Dallas County, Texas.

13.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and not as part of any class, consolidated, or representative action.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ClassroomPulse.io regarding the Services.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.