Disclaimers and Terms of Use

1. Educational Tool Only

The Behave-iator is an educational planning and drafting tool. It is designed to help adults brainstorm behavior supports, classroom strategies, and instructional ideas. It is not a licensed professional service and does not replace teacher judgment, administrator review, school policy, parent communication, district procedures, or consultation with qualified professionals.

2. No Legal, Medical, Mental-Health, or Special-Education Advice

Content generated by the site is not legal advice, medical advice, psychiatric advice, counseling advice, crisis-response advice, or compliance advice under IDEA, Section 504, FERPA, HIPAA, state education law, restraint or seclusion rules, employment law, or any other regulation. If you need advice in those areas, you must consult a qualified professional.

3. Human Review Is Required

You are solely responsible for checking every output for accuracy, appropriateness, legality, safety, bias, and fit for the specific student, school, and situation. You must independently verify the final content before sharing, implementing, printing, emailing, or saving it as an official record.

4. No Guarantees or Promises of Outcomes

We do not guarantee that any plan, worksheet, suggestion, citation, strategy, schedule, or data visualization will be complete, correct, compliant, safe, effective, noninfringing, or suitable for your use case. We also do not guarantee any educational, behavioral, disciplinary, legal, therapeutic, or business outcome.

5. Sensitive Data and Lawful Use

You are responsible for complying with all laws, contracts, district rules, and school policies that apply to your use of this service. Do not upload or paste information unless you have the legal right to do so. Avoid entering full student names, home addresses, phone numbers, email addresses, student ID numbers, medical record details, or other personally identifiable, protected, or highly sensitive information unless you are fully authorized and legally permitted to share it.

6. No Emergency or Crisis Use

The service is not monitored for emergencies and must not be used to make urgent safety, threat-assessment, self-harm, abuse-reporting, medical, or law-enforcement decisions. In an emergency, contact appropriate emergency services, school leadership, a crisis team, or another qualified responder immediately.

7. As-Is Service; No Warranties

To the maximum extent permitted by law, the service, content, references, generated outputs, downloads, and software are provided on an as-is and as-available basis, without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, title, noninfringement, or uninterrupted availability.

8. Limitation of Liability

To the maximum extent permitted by law, Joseph Gorman d/b/a The Behave-iator, and our affiliates, licensors, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of data, revenue, goodwill, educational opportunity, employment opportunity, funding, or reputation, arising out of or related to your use of the service or reliance on any output.

To the maximum extent permitted by law, the total aggregate liability for any claim arising out of or relating to the service will not exceed the greater of the amount you paid to use the service in the 12 months before the event giving rise to the claim or fifty U.S. dollars (US $50).

9. Indemnification

You agree to defend, indemnify, and hold harmless Joseph Gorman d/b/a The Behave-iator, and our affiliates, licensors, contractors, and service providers from and against claims, demands, investigations, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your content, your use of the service, your reliance on outputs, your violation of these terms, or your violation of any law or rights of another person.

10. Free Accounts, Subscriptions, and Billing

Free Tier Restrictions: We may offer a free version of the Service subject to specific usage limits (e.g., a limited number of generated plans per month). We reserve the right to modify, reduce, or eliminate these free-tier limits at any time, at our sole discretion, without prior notice.

Account Manipulation: You may only create one free account per individual. Creating multiple accounts under different email addresses to bypass free-tier usage limits is strictly prohibited and will result in the immediate termination of all associated accounts.

Paid Subscriptions: If you upgrade to a paid subscription, you agree to pay all applicable fees. Subscriptions automatically renew unless canceled before the end of the current billing cycle. You may cancel your subscription at any time through your account settings; however, we do not provide refunds or credits for partial billing periods.

11. Account Security and Termination

To use certain features, you must register for an account. You are responsible for keeping your password confidential and for all activity that occurs under your account. You may not share your login credentials with others. We reserve the right to suspend or terminate your account, at our sole discretion and without notice, if we believe you have violated these terms, misused the service, or engaged in unlawful conduct.

12. Intellectual Property; Limited License

The Service, including all software, source code, object code, visual interfaces, page layouts, design elements, text, graphics, compilations, databases, prompts, prompt templates, prompt architecture, system instructions, model orchestration logic, taxonomies, proprietary labels, and all related documentation and content made available through the Service (collectively, the “Proprietary Materials”), are owned by Joseph Gorman d/b/a The Behave-iator and are protected by copyright, trademark, trade secret, and other applicable intellectual property laws.

Without limiting the foregoing, The Behave-iator, The Behave-iator Developmental Continuum™, and any associated names, logos, slogans, icons, framework labels, developmental level names, and product identifiers used in connection with the Service are proprietary brand assets of Joseph Gorman d/b/a The Behave-iator. Except as expressly permitted in writing, you may not use any such marks or branding in a manner that suggests affiliation, endorsement, sponsorship, or source.

Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own internal, lawful, professional educational planning and documentation purposes. This license does not include any right to copy, reproduce, distribute, publicly display, publicly perform, modify, adapt, create derivative works from, sell, resell, license, sublicense, white-label, lease, scrape, or commercially exploit the Service or any Proprietary Materials, except as expressly authorized by this Agreement.

Prohibited Actions: You may not, and may not permit any third party to: (a) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, prompt logic, prompt architecture, system instructions, ranking logic, decision trees, model-routing logic, or non-public functionality of the Service; (b) extract, harvest, copy, or reconstruct prompts, prompt templates, taxonomies, hidden instructions, output schemas, internal logic, or other non-public elements of the Service; (c) use the Service, Proprietary Materials, or generated outputs to develop, train, improve, benchmark, validate, seed, or power any competing software product, template library, educational planning system, model, dataset, or service; (d) remove, obscure, or alter any copyright, trademark, proprietary rights, or attribution notices; (e) use any automated means, including bots, scrapers, crawlers, or extraction tools, to access or collect non-public content or functionality from the Service beyond authorized use.

Public Domain Carve-Out: To the extent the Service references, incorporates, operationalizes, or is informed by public-domain or third-party educational, behavioral, or instructional frameworks, including but not limited to PBIS, FBA, ABA-aligned practices, CASEL, Bloom's Taxonomy, or UDL, we claim no ownership in those underlying frameworks, concepts, methods, or source materials themselves. Any rights claimed under this Agreement are limited to the original expression, software implementation, compilation, selection, coordination, arrangement, curation, labeling, presentation, branding, and proprietary framework terminology embodied in the Service.

User Inputs & Outputs: As between you and us, you retain ownership of the information and content you submit to the Service (“User Inputs”). Subject to your compliance with this Agreement, you may use, edit, print, and share the plan outputs generated for you by the Service for your own internal educational and professional purposes. However, you may not resell, sublicense, publish as a standalone commercial product, or systematically compile outputs to create a competing product, service, dataset, prompt library, or methodology. We retain all right, title, and interest in and to the Service and Proprietary Materials, including any proprietary structure, formatting, labels, or framework elements reflected in or used to generate such outputs.

Confidentiality: You acknowledge that certain non-public aspects of the Service, including its prompt architecture, internal instructions, and orchestration methods, derive independent economic value from not being generally known and are treated as confidential and proprietary. You agree not to disclose, publish, share, or misuse any such non-public elements obtained through use of the Service.

Feedback: If you provide any feedback, comments, bug reports, feature requests, or suggestions for improvements to the Service (“Feedback”), you hereby grant Joseph Gorman d/b/a The Behave-iator a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, incorporate, and commercialize such Feedback for any purpose, without any obligation or compensation to you.

13. Artificial Intelligence Disclaimer

The Behave-iator utilizes artificial intelligence and automated systems to generate suggestions, text, and materials. Because AI systems are probabilistic, the service may occasionally generate incorrect, inappropriate, or nonsensical content (“hallucinations”). You agree that you will not rely on the factual accuracy of the output without independent verification and human review.

14. Governing Law and Dispute Resolution

Governing Law: These terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions.

Venue: Any legal action or proceeding arising out of these terms shall be brought exclusively in the state or federal courts located in Missouri.

Class Action Waiver: You agree that any claims against us must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

15. Age Restriction

The Behave-iator is designed strictly for adults, including educators, administrators, and educational specialists. You must be at least 18 years of age to create an account or use this service. We do not knowingly collect information from children under the age of 13.

16. Acceptance, Changes, and Continued Use

By clicking an acceptance checkbox, signing in, generating plans, saving content, or otherwise using the service, you agree to these terms. We may update these terms from time to time. Continued use after an update means you accept the revised terms.