Terms of Service
These terms govern the use of BehaviorDash by schools, districts and behavioral organizations. They are written to be read, not to be survived. Where your procurement process requires different terms, we expect to negotiate them rather than point at this page.
1. Who this agreement is with
BehaviorDash is provided to organizations — a school, district, agency or practice — not to individuals. When an organization creates accounts for its staff, the organization accepts these terms on their behalf and remains responsible for how those accounts are used.
Staff members using an account do so under their employer's agreement with us. They cannot enter into a separate agreement with us for the same data, and they cannot take that data with them.
2. The service is in private beta
BehaviorDash is in private beta. That is a statement about the commercial stage of the product, and it has consequences we would rather be plain about than bury:
- Features may change, move, or be withdrawn while we refine them.
- We do not yet offer a contractual uptime guarantee. We aim for continuous availability and we will tell you about planned interruptions, but we will not promise a number we have not yet earned the operating history to stand behind.
- We may contact beta organizations for feedback. You are never obliged to give it.
None of the above changes how your data is treated. Beta describes the maturity of the product, not the seriousness with which we hold student records. The commitments in our Privacy Policy apply in full from the first day of use.
3. Accounts and access
Two-factor authentication is required for every account, in every role, with no opt-out. This is not configurable, and it is not limited to administrators.
Your organization is responsible for deciding who has an account, assigning the right role to each person, and removing access promptly when someone leaves. We provide the controls; we cannot know that a staff member has left unless you tell us or act on it.
Accounts are personal. Sharing credentials defeats the audit trail that makes the record trustworthy, and it is not permitted.
4. Your data stays yours
The data your organization enters — student records, session data, behavior plans, notes, signatures — belongs to your organization. We do not acquire ownership of it by storing it, and we do not use it for any purpose other than providing the service to you.
We do not sell it, do not use it for advertising, and do not use it to train machine-learning models. The Privacy Policy sets this out in detail and forms part of these terms.
5. Clinical responsibility
BehaviorDash is a record-keeping and reporting tool. It does not practise behavior analysis.
It does not diagnose, does not recommend interventions, does not determine whether a goal has been met, and does not decide whether a behavior plan is appropriate for a student. Those are clinical judgments, and they remain entirely with the qualified professionals responsible for the student.
Graphs, progress indicators, goal percentages and summaries are presentations of the data your staff entered. They are calculations, not opinions, and they should be read by someone qualified to interpret them. Nothing the software displays substitutes for supervision, and nothing in it removes a supervisor's responsibility to review the work of the staff they oversee.
You are responsible for ensuring the people using BehaviorDash are appropriately trained, credentialed and supervised for the work they are recording.
6. Your record-keeping obligations
Schools and behavioral organizations have their own legal obligations for the retention, accuracy and disclosure of student records. Using BehaviorDash does not transfer those obligations to us and does not discharge them.
We retain behavior records for seven years by default and an organization can configure a different period, but you are responsible for knowing what your jurisdiction requires and setting the service accordingly. If your obligations exceed what the service is configured to do, tell us and we will work out how to meet them.
We recommend exporting your own copies of records that matter to you on a schedule that suits your obligations, rather than relying on any single system as the only copy of a clinical record.
7. Acceptable use
Do not use BehaviorDash to:
- Store data about people your organization has no lawful basis to hold data about.
- Attempt to access another organization's data, or probe, scan or test the security of the service without our written permission. If you find a vulnerability, tell us — we would much rather hear from you.
- Circumvent access controls, including the two-factor requirement.
- Re-sell, sublicense or provide the service to a third party as though it were your own.
- Upload malicious code, or use the service in a way that degrades it for other organizations.
We may suspend access where we reasonably believe continued use presents a security risk to student data or to other organizations. Where we do, we will tell you why and restore access as soon as the risk is resolved.
8. Availability and support
We work to keep the service available and to fix faults promptly. Support is by email, and we aim to respond to every message from an organization within one business day.
The recorder is designed to keep working without a connection and to synchronize when one returns, so that a network failure at your site does not stop data collection. That is a design property, not a guarantee: a device that is lost, wiped or reset before synchronizing may lose the data held on it.
9. Fees
Fees, where they apply, are those set out in the written order or agreement between your organization and us. During the private beta, access is provided without charge unless we have agreed otherwise in writing.
If we introduce charges for an organization currently using the service without charge, we will give reasonable advance notice and you will be free to decline and export your data.
10. Term, termination and export
Either party may terminate on written notice. You do not have to give a reason, and you do not have to wait for a renewal date.
On termination, you may request an export of your organization's data, and we will provide it in a usable format. We will return or delete your data on request; absent instructions, we delete it within 90 days, and backups are purged on their normal rotation.
We will not hold your data hostage to a commercial dispute. If you want it back, you can have it.
11. Disclaimers
The service is provided as it is. Beyond what these terms and the Privacy Policy state expressly, and to the extent the law permits, we do not make other warranties — including implied warranties of merchantability or fitness for a particular purpose.
We do not warrant that the service will be uninterrupted or error-free, or that it will meet a regulatory requirement specific to your jurisdiction that you have not raised with us.
12. Limitation of liability
To the extent the law permits, neither party is liable to the other for indirect or consequential loss, and our total liability arising out of these terms is limited to the fees paid by your organization for the service in the twelve months preceding the claim.
Nothing in these terms limits liability that cannot lawfully be limited — including liability for death or personal injury caused by negligence, or for fraud. Our obligations regarding student data under the Privacy Policy and any data privacy agreement we have signed with you are not limited by this section.
13. Changes
We may update these terms. If a change materially affects your organization's rights or our obligations, we will give notice before it takes effect, and continued use after that date constitutes acceptance. We will not apply a materially different term retroactively to data already collected.
14. Governing law and procurement
Public sector purchasers frequently require their own governing law, venue, insurance, accessibility and data-protection terms, and are often prohibited from accepting a vendor's standard terms as written.
We expect that, and we would rather negotiate than exclude you. Where your organization has a required agreement — a district contract, a state data privacy agreement, an addendum from your legal office — that signed agreement takes precedence over this page to the extent the two conflict. Contact us and we will work through it.
15. Contact
BehaviorDash
hello@behaviordash.com
Schools requiring a signed data privacy agreement, a completed security questionnaire, or our registered business details for procurement should contact us at the address above and we will provide them.