Please review and accept the Terms of Service to continue.
Behavior Support Platform
Effective Date: March 16, 2026
Version: 2.0
PLEASE CAREFULLY READ THIS AGREEMENT BEFORE ACCEPTING. PROCEEDING WITH REGISTRATION, OR ACCESSING, USING, PRINTING, OR DISPLAYING THE SERVICES INDICATES YOUR ACCEPTANCE OF THE TERMS OF THIS SUBSCRIPTION AND LICENSE AGREEMENT. IF YOU ARE A COVERED ENTITY AS DEFINED UNDER HIPAA OR FERPA, PLEASE PAY PARTICULAR ATTENTION TO THE DATA PRIVACY SECTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS, USE, PRINT, OR DISPLAY THE PRODUCTS OR SERVICES.
This Terms of Service Agreement ("Agreement") is a legal agreement between Fluency Plus, LLC, a Mississippi limited liability company ("Company," "we," "us," or "our") and the school district, educational entity, or individual accessing or using our Behavior Support Platform ("Platform") ("District," "Customer," "you," or "your"), including any Authorized Users. An Authorized User is any user that has been given authority to use the account by the Customer.
This Agreement supersedes and replaces any prior proposal, representation, or understanding you may have regarding your use of the Platform; further, this agreement may not be modified or amended except by a written amendment signed by both parties. By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
2.1 License Grant: Fluency Plus, LLC grants to you, the undersigned customer, a personal, non-transferable, nonexclusive license to use the Behavior Support Platform to enable creation of behavior support plans during the term of this Agreement.
2.2 Service Description: The Platform provides a web-based tool for generating behavior plans based on evidence-based intervention strategies. The Platform offers two plan types:
IMPORTANT: Tier 2 Behavior Support Plans generated by the Platform are legally distinct from formal Behavior Intervention Plans. Tier 3 Behavior Intervention Plans generated by the Platform require that a Functional Behavior Assessment (FBA) has been completed separately; the Platform does not include FBA functionality and is not a substitute for conducting an FBA. You understand and agree that the Platform is meant to be used as a tool to supplement you in the overall assessment and intervention process and is not intended or designed to be used alone or replace professional judgment.
The term of this Agreement begins on the date this Agreement is electronically or physically accepted by you or when you use the Platform and will continue, except as otherwise provided in this Agreement, unless or until terminated by either party in accordance with Section 14.
4.1 Zero Retention Policy: The Platform maintains FERPA compliance through zero student data retention. All student information entered into the Platform is:
4.2 District Responsibility: You are responsible for:
4.3 Business Associate: If you are a Covered Entity under HIPAA, special provisions may apply. Please contact us for a Business Associate Agreement if required.
4.4 De-identified Usage Data: Fluency Plus, LLC may collect de-identified usage statistics (number of plans generated, feature usage patterns) that cannot be linked to any individual student for quality assurance and product improvement purposes.
5.1 Subscription Types: Platform access is available through:
5.2 Payment Terms: Unless otherwise specified by Fluency Plus, LLC, charges are due and payable within thirty (30) days of invoice. You agree to pay all applicable charges.
5.3 Renewal: Annual subscriptions will renew automatically unless cancelled at least thirty (30) days prior to renewal date. Renewal pricing will be at then-current rates unless otherwise agreed in writing.
6.1 Authorized Use: You agree to use the Platform in accordance with this License and all federal, state and local laws and regulations.
6.2 User Credentials: Each Authorized User must maintain individual user credentials for accessing the Platform, which shall not be shared with, or transferred to, any other individual. The confidentiality of these credentials is the sole responsibility of the Authorized User. Any sharing or transfer of user credentials may result in termination of the license and/or legal actions.
6.3 Restrictions: You shall not:
6.4 Limitations: Customer will utilize this service only for students attending the schools within the subscribing school district. The service shall only be used by employees of the customer.
7.1 Proprietary Property: The Platform and strategy database are the proprietary property of Fluency Plus, LLC and/or its licensors. Title to the Platform and all intellectual property rights shall remain with Fluency Plus, LLC.
7.2 Trade Secret Protection: Because the Platform and its outputs are protected as trade secrets, these TRADE SECRETS ARE NOT PERMITTED TO BE DISCLOSED in response to requests made pursuant to any data disclosure law that exempts disclosure of information protected as trade secrets, except as required by law with appropriate protective orders.
7.3 Restrictions on Use: You agree not to:
7.4 Citation Rights: You may excerpt portions of generated Plans, limited to the minimum text necessary, for incorporation into your written evaluations and individualized education plans, in accordance with your profession's citation standards.
8.1 Implementation Responsibility: By using the Platform, you acknowledge and agree that:
8.2 NO GUARANTEED OUTCOMES: WE MAKE NO GUARANTEES REGARDING EDUCATIONAL OUTCOMES, BEHAVIORAL IMPROVEMENTS, OR SUITABILITY FOR ANY PARTICULAR STUDENT OR SITUATION.
9.1 Availability: While we strive for continuous availability, we do not guarantee uninterrupted access. The Platform is provided with the following service level expectations during the term:
9.2 Support: Technical support is available via email during regular business hours (8 AM - 5 PM CST, Monday-Friday):
9.3 Force Majeure: Neither party shall be liable for failures or delays in performance resulting from circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
YOU ARE ADVISED TO EXPORT AND SAFEGUARD YOUR IMPORTANT DATA FREQUENTLY.
While the Platform operates with zero student data retention, you understand that:
11.1 Intellectual Property Warranty: Fluency Plus, LLC warrants that normal use of the Platform will not infringe any valid United States patents or copyrights. If you promptly notify us of any infringement claim, we will, at our option:
11.2 DISCLAIMER: EXCEPT AS EXPRESSLY STATED ABOVE, FLUENCY PLUS, LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
11.3 Indemnification: You agree to indemnify, defend, and hold harmless Fluency Plus, LLC, its partners, officers, directors, employees, and agents from and against any and all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
12.1 LIMITATION: IN NO EVENT SHALL FLUENCY PLUS, LLC 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.
12.2 CAP ON LIABILITY: OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS IS YOUR EXCLUSIVE REMEDY.
12.3 BASIS OF BARGAIN: YOU ACKNOWLEDGE THAT FLUENCY PLUS, LLC HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
13.1 Termination for Breach: Either party shall have the right to terminate this Agreement if the other party breaches any material obligations and fails to cure within thirty (30) days after receipt of written notice (except no cure period for breaches of Sections 6 or 7).
13.2 Effect of Termination: Upon termination:
13.3 Termination for Non-Payment: Fluency Plus, LLC may suspend or terminate this Agreement immediately if you fail to pay subscription fees when due.
14.1 Active Accounts: As long as you maintain an active subscription, your access remains available without expiration.
14.2 Account Suspension: Accounts may be suspended for non-payment or breach of terms. Suspended accounts may be reactivated upon cure of the breach or payment of outstanding amounts.
14.3 Data Reminder: The Platform maintains zero student data retention. There is no data to retrieve from suspended or terminated accounts.
15.1 Governing Law: THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MISSISSIPPI, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. Copyright, trademark, and patent claims are subject to U.S. Federal law.
15.2 Dispute Resolution:
15.3 Federal Government: If you are a U.S. Government entity, the Platform is provided with RESTRICTED RIGHTS as set forth in applicable federal acquisition regulations.
15.4 Entire Agreement: This Agreement constitutes the entire agreement between parties and supersedes all prior communications, representations, or agreements, whether oral or written.
15.5 Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.6 Assignment: You may not assign these Terms without prior written consent from Fluency Plus, LLC.
15.7 Modifications: We may update these Terms with thirty (30) days notice for material changes. Continued use after the effective date constitutes acceptance of modified terms.
15.8 Waiver: No waiver is effective unless in writing and signed by an authorized representative of Fluency Plus, LLC.
15.9 Notice: All notices shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by certified mail, return receipt requested, to the addresses provided at registration.
For questions about these Terms of Service:
Fluency Plus, LLC
215 North Bolivar Avenue
Cleveland, Mississippi 38732
Email: contact@fluencyplus.com
BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.