Terms of Service

Last updated: June 17, 2026

1. Acceptance of Terms

By accessing or using SPEDup Education's behavior tracking platform (the "Service"), including our mobile application and web dashboard, you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a school, district, or organization, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

SPEDup Education provides a behavior tracking and documentation platform designed for K-12 special education teams. The Service includes:

  • Mobile application for real-time behavioral incident documentation
  • Web dashboard for analytics, reporting, and administration
  • ABC (Antecedent-Behavior-Consequence) and BASE report creation tools
  • Real-time alert and notification systems
  • Data analytics and pattern identification features
  • Student and staff management capabilities

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

3.3 School Codes

School administrators are responsible for managing school access codes and ensuring they are only shared with authorized personnel.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service in violation of any applicable law or regulation
  • Access or attempt to access accounts or data you are not authorized to access
  • Share your login credentials with unauthorized individuals
  • Enter false or misleading information about students or incidents
  • Use the Service to harass, abuse, or harm others
  • Attempt to interfere with or disrupt the Service or its servers
  • Reverse engineer, decompile, or attempt to extract the source code of the Service
  • Use automated systems (bots, scrapers) to access the Service without permission
  • Transmit viruses, malware, or other harmful code

5. User Responsibilities

5.1 Data Accuracy

Users are responsible for the accuracy and completeness of information entered into the Service, including student information and behavioral reports.

5.2 Compliance

Users must comply with all applicable laws, regulations, and school policies when using the Service, including but not limited to state and federal privacy laws.

5.3 Appropriate Use

The Service is intended for documenting student behaviors for educational purposes, including IEP development and behavioral intervention planning. Users must use the Service in a manner consistent with professional educational standards.

6. Data Ownership and Rights

6.1 Your Data

Schools and districts retain ownership of all student educational records and data entered into the Service. We do not claim ownership of your content.

6.2 License to Use

By using the Service, you grant us a limited license to use, process, and store your data solely for the purpose of providing and improving the Service.

6.3 Aggregated Data

We may use anonymized, aggregated data that does not identify any individual student or user to improve our Service and for research purposes.

7. Intellectual Property

The Service, including its design, features, and content (excluding user-provided data), is owned by SPEDup Education and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

8. Subscription and Payment

8.1 Subscription Plans

Access to the Service requires a paid subscription. Subscription terms, pricing, and features are described on our website and in your subscription agreement.

8.2 Payment

You agree to pay all fees associated with your subscription plan. Fees are non-refundable except as expressly stated in your subscription agreement or required by law.

8.3 Free Trials

We may offer free trial periods. At the end of a trial, your subscription will begin unless you cancel before the trial ends.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, you may request export of your data.

9.2 Termination by Us

We may suspend or terminate your access to the Service if you violate these Terms, fail to pay fees, or for any other reason with reasonable notice. In cases of severe violations, we may terminate access immediately.

9.3 Effect of Termination

Upon termination, your right to use the Service will cease. We will provide a reasonable period to export your data before deletion, unless prohibited by law.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

The Service is a documentation and analytics tool and does not provide medical, psychological, or legal advice. All educational and behavioral decisions should be made by qualified professionals.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEDUP EDUCATION 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.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless SPEDup Education and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or violation of any rights of a third party.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes through the Service or by email. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property violations.

14.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

14.4 Entire Agreement

These Terms, together with our Privacy Policy and any subscription agreement, constitute the entire agreement between you and SPEDup Education regarding the Service.

15. SMS Communications

The Service may send SMS text messages to phone numbers users have voluntarily provided and verified within the SpedUp Education mobile application. SMS is used exclusively for transactional purposes:

  • Two-Factor Authentication (2FA): Users who enable SMS-based 2FA in Settings > Security will receive a one-time verification code via SMS each time they sign in.
  • Admin Support Alerts: Users designated as part of a teacher's Response Team will receive an SMS when that teacher initiates an admin support request from the SpedUp Education mobile app.

15.1 Consent

You provide affirmative, opt-in consent to receive SMS messages from SpedUp Education during account onboarding in the mobile app, when you enter and verify your mobile phone number. The consent disclosure shown at that step reads: "By tapping Send Verification Code, you agree to receive SMS messages from SpedUp Education, including one-time verification codes if you enable SMS-based 2FA and admin support alerts if a teacher in your school adds you to their Response Team. Message frequency varies. Message and data rates may apply. Reply HELP for help, STOP to cancel." Consent is unchecked by default; entering a phone number is optional and can be skipped during onboarding.

15.2 Opt-Out

You may revoke consent and opt out of all SMS messages from SpedUp Education at any time by replying STOP to any message, disabling SMS 2FA in Settings > Security, or asking the Response Team owner to remove you from their team. Reply HELP to any message for assistance.

15.3 Rates, Frequency, and Sharing

Message and data rates may apply. Message frequency varies based on your account settings and incident frequency. SpedUp Education does not send marketing SMS of any kind. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. See our Privacy Policy for details on how SMS data is collected and protected.

16. Contact Us

If you have questions about these Terms of Service, please contact us:

  • Email: legal@spedupeducation.com
  • Address: SPEDup Education, Inc.