END USER LICENSE AGREEMENT (EULA)

End User License Agreement (Eula) For The Tcms Mobile Application

Last Updated: August 20, 2026

This End User License Agreement (“EULA” or “Agreement”) is a binding legal contract between you (either an individual user or a single legal entity, hereinafter referred to as “User,” “You,” or “Your”) and Smith Enterprises and Endeavors Company, Inc. (“Licensor,” “Company,” “We,” “Us,” or “Our”), the owner and operator of The Conduct Management System platform, also known as “TCMS.”

This EULA governs your download, installation, access, and use of the TCMS Mobile Application, including all software, code, databases, documentation, features, updates, and related services delivered therein (the “Application” or “Licensed Application”).

IMPORTANT NOTICE:

BY DOWNLOADING, INSTALLING, REGISTERING FOR, ACCESSING, OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THE TCMS TERMS & CONDITIONS (AVAILABLE AT https://tcms.systems/terms-conditions/), AND THE TCMS PRIVACY POLICY (AVAILABLE AT https://tcms.systems/privacy-policy/), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, REGISTER FOR, ACCESS, OR USE THE APPLICATION. YOU MUST IMMEDIATELY DELETE ANY COPIES OF THE APPLICATION IN YOUR POSSESSION.

 

1. Relation To Main Terms And Privacy Policy

This EULA operates in conjunction with, and incorporates by reference, the TCMS Terms & Conditions and the TCMS Privacy Policy hosted on our website.

  • Definitions: Any terms not explicitly defined in this EULA shall have the meanings ascribed to them in the website Terms & Conditions.
  • Precedence: In the event of a direct and irreconcilable conflict between this EULA and the website Terms & Conditions regarding your use of the mobile software, this EULA shall control strictly to the extent of such mobile application usage. For all other platform aspects (including web backend access, invoicing, and corporate licensing), the website Terms & Conditions shall govern.

2. End User License Grant And Restrictions

2.1 License Grant

Subject to your strict compliance with this Agreement and payment of any applicable platform fees, Licensor grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use one (1) copy of the Application on compatible mobile devices (such as iOS and Android smartphones or tablets) owned or controlled by You, solely for:

  1. Professional Clinical Use: (e.g., if You are a Board Certified Behavior Analyst [BCBA], clinical lead, therapist, or special educator), or
  2. Authorized Stakeholder Collaboration: (e.g., if You are a parent, guardian, or caregiver linked securely to a client’s profile by a primary clinical lead).

2.2 App Store / Google Play Usage Rules

You acknowledge that this license is further conditioned upon Your adherence to the usage rules set forth in the applicable third-party app store terms of service:

  • Apple App Store: The license is non-transferable and limited to using the Application on any Apple-branded products running iOS or iPadOS that You own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms of Service (except that the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing).
  • Google Play Store: The license is governed by the Google Play Terms of Service and any applicable device/distribution rules.

2.3 Restrictions on Use

You shall not, and shall not permit any third party to:

  • Copy, distribute, publish, rent, lease, lend, sell, sublicense, redistribute, or host the Application.
  • Decompile, reverse-engineer, disassemble, attempt to derive the source code of, decrypt, or modify the Application, or create derivative works based on the Application (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components included with the Application).
  • Scrape, harvest, extract, or otherwise collect platform data or code, including attempting to build a competing data-logging or reporting product using the structural schema, the 8-index tracking categories, or report formats of the Application.
  • Circumvent, disable, or bypass any security measures, authentication gateways, or digital rights management features within the Application.
  • Use the Application to enter data, track behavioral topography, or log clinical observations without possessing explicit authorization, consent, and a lawful basis from the client or their legal guardian.

3. User Accounts, Roles, And Security

3.1 Account Creation and Credentials

To access the Application’s features, You must log in via a verified account. You agree to provide accurate, current, and complete profile information, protect Your password, and notify Us immediately at support@tcms.systems of any suspected breach of security or unauthorized access to Your account.

3.2 Subscribed Roles & Visual Identity Safeguards

The Application supports multi-tiered access to protect clinical boundaries:

  • Primary Leads / BCBAs: Control client profile generation, assign observer roles, configure custom data fields, and generate consolidated reports.
  • Caregivers / Stakeholders: Log data during assigned observation windows and view restricted individual reports.

To support rapid visual identification and prevent data logging errors under incorrect files during high-intensity clinical sessions, the Application allows users to upload custom profile photos or avatars for clinical team members and clients. If You choose to upload any profile images, You represent that You have obtained all necessary consents, and such upload conforms with Your organization’s media and privacy policies.

3.3 SMS Account Verification Program

To protect sensitive patient information, the Application utilizes the TCMS Account Verification SMS Program to deliver secure, transactional, one-time passcodes (OTPs) for registration, multi-factor authentication, and password resets. By requesting a passcode, You consent to receive these transactional SMS messages. Message and data rates may apply. You can opt out at any time by replying STOP, though doing so may prevent You from securely authenticating and accessing the Application.

4. Clinical Data, HIPAA, FERPA, And Regulatory Compliance

4.1 HIPAA and FERPA Compliance Disclaimer

TCMS is a clinical data management, team collaboration, and analytical reporting utility. It is designed to be used in therapeutic environments (such as Applied Behavior Analysis [ABA] clinics, classrooms, and private homes) where Protected Health Information (PHI) under HIPAA or student records under FERPA may be entered.

  • Your Responsibility: You (or Your subscribing organization) are the “Covered Entity” or “Data Controller” under applicable laws. You are solely responsible for determining whether Your use of TCMS complies with HIPAA, FERPA, state privacy regulations, or professional licensing board standards.
  • Required Agreements: The use of this Application does not independently establish or guarantee legal compliance. Where We act as a “Business Associate” under HIPAA, You and We must execute a separate Business Associate Agreement (BAA). Accepting this EULA or downloading the app does not automatically create a BAA.
  • Consent: You warrant that You have secured all required parental/guardian consents, clinical disclosures, or client authorizations before entering any behavioral observations or personal identifiers into the Application.

4.2 Professional Judgment and Accuracy Disclaimer

  • Administrative Utility Only: The Application is an administrative logging tool and analytical mathematical funnel. It does not diagnose, treat, prevent, or cure any medical or psychological condition. It does not recommend clinical dosages, automate therapy programs, or generate automated clinical decisions.
  • Human-Driven Decisions: The advanced reporting tools (including “Compare Timeframes” and “Compare Variables”) are designed strictly to present math-based correlations and historical trend comparisons. All therapeutic adjustments, behavioral treatment decisions, and program modifications must be made solely by the qualified, licensed human professional (e.g., the BCBA or Lead Therapist) reviewing the data.
  • Errors and Omissions: Licensor is not responsible for, and assumes no liability for, any professional decisions or treatment plans executed based on inaccurate data entry, incorrect behavioral codes, or misinterpreted reporting metrics.

5. Consent To Use Of Data (Privacy)

You agree that Licensor may collect and use technical data, device diagnostics, IP addresses, app versioning, usage logs, and related information to facilitate software updates, provide product support, and improve the Application’s stability. All personal information and entered client data will be handled securely in strict compliance with the TCMS Privacy Policy (https://tcms.systems/privacy-policy/). Mobile phone numbers collected for SMS OTP authentication will never be shared with third parties or affiliates for marketing or promotional purposes.

6. Intellectual Property Rights

You acknowledge that Licensor (and its parent entity, Smith Enterprises and Endeavors Company, Inc.) retains all right, title, and interest in and to the Application, including all software code, databases, system architecture, UX/UI designs, logos, graphics, behavioral templates, and reporting configurations. You receive no ownership rights. Your rights are strictly limited to the license granted in Section 2.

7. App Store Compliance And Third-party Beneficiaries

As required by Apple Inc. (Apple) and Google LLC (Google), the following clauses are explicitly incorporated:

  • 7.1 Party Acknowledgment: You and Licensor acknowledge that this EULA is concluded solely between You and Licensor, and not with Apple or Google. Licensor, not Apple or Google, is solely responsible for the Licensed Application and the content thereof.
  • 7.2 Scope of License: The license granted to You for the Application is limited to a non-transferable license to use the Application on any Apple-branded or Android products that You own or control, and as permitted by the usage rules in the respective App Store Terms of Service.
  • 7.3 Maintenance and Support: Licensor is solely responsible for providing any maintenance and support services for the Application, as specified in this EULA or under applicable law. You and Licensor acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  • 7.4 Warranty: Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple/Google, and Apple/Google may refund the purchase price (if any) for the Application to You. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility.
  • 7.5 Product Claims: You and Licensor acknowledge that Licensor, not Apple or Google, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of that Application, including, but not limited to:
  1. Product liability claims;
  2. Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
  3. Claims arising under consumer protection, privacy, or similar legislation.
  • 7.6 Intellectual Property Claims: You and Licensor acknowledge that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Licensor, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

8. Termination

This Agreement is effective from the date You first download, install, or use the Application and remains in force until terminated.

  • By You: You may terminate this Agreement at any time by deleting the Application and all copies from Your devices, or by requesting account closure via our support team.
  • By Licensor: Licensor may suspend or terminate Your access to the Application immediately without notice if You violate any provision of this EULA, the main website Terms & Conditions, fail to pay subscription fees, or if Your continued usage poses a legal or security risk to the platform, other users, or client data.
  • Effects of Termination: Upon termination, all license rights granted to You under this EULA will immediately cease, and You must stop using the Application and delete all copies from Your devices.

9. Disclaimer Of Warranties

To The Maximum Extent Permitted By Applicable Law, The Application Is Provided On An “As Is” And “As Available” Basis, With All Faults And Without Warranty Of Any Kind. Licensor Hereby Disclaims All Warranties And Conditions With Respect To The Application, Either Express, Implied, Or Statutory, Including, But Not Limited To, The Implied Warranties Of Merchantability, Satisfactory Quality, Fitness For A Particular Purpose, Accuracy, Quiet Enjoyment, And Non-infringement. Licensor Does Not Warrant That The Operation Of The Application Will Be Uninterrupted Or Error-free, Or That Defects Will Be Corrected.

10. Limitation Of Liability

To The Maximum Extent Permitted By Law, In No Event Shall Smith Enterprises And Endeavors Company, INC., Or Its Officers, Directors, Employees, Contractors, And Affiliates, Be Liable For Personal Injury, Or Any Incidental, Special, Indirect, Or Consequential Damages Whatsoever, Including, Without Limitation, Damages For Loss Of Profits, Loss Of Clinical Data, Loss Of Observation Logs, System Interruption, User Error, Professional Decisions Made In Therapeutic Programs, Or Any Other Commercial Damages Or Losses, Arising Out Of Or Related To Your Use Or Inability To Use The Application, However Caused, Regardless Of The Theory Of Liability (Contract, Tort, Or Otherwise) And Even If Licensor Has Been Advised Of The Possibility Of Such Damages.
In No Event Shall Licensor’s Total Liability To You For All Damages (Other Than As May Be Required By Applicable Law In Cases Involving Personal Injury) Exceed The Amount Paid By You To Acquire Or Use The Application In The Twelve (12) Months Prior To The Claim.

11. Governing Law And Dispute Resolution

This Agreement, and all disputes arising out of or relating to it, shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, excluding its conflict-of-law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the state or federal courts located in New York, and the parties hereby consent to personal jurisdiction and venue therein.

12. Contact Information

For questions, complaints, support, or claims regarding the Application, please contact the Licensor at:

The Conduct Management System (TCMS)

A product of Smith Enterprises and Endeavors Company, Inc.

  • Address: 120 Einstein Loop North, Building 28B, Suite 24D, Bronx, NY 10475
  • Phone: (917) 231-1182
  • Support Email: support@tcms.systems
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