1. Description of TCMS

TCMS provides digital tools designed to help Applied Behavior Analysis professionals, technicians, organizations, educators, parents, caregivers, and other authorized stakeholders collect, manage, track, and analyze behavioral information.

TCMS may include:

• Behavioral data collection
• Session documentation
• Progress tracking
• Reports and analytics
• Account and user management
• Web and mobile access
• Communications and notifications
• Authentication and security features
• Other related tools

TCMS is a technology platform. It does not provide medical, psychological, educational, legal, or behavioral treatment advice and does not replace the judgment of qualified professionals.

2. Eligibility

You may use TCMS only if:

• You are legally capable of entering into a binding agreement
• You are authorized to act on behalf of your organization, where applicable
• You are legally permitted to collect and process the information entered into TCMS
• Your use complies with applicable professional, legal, and regulatory obligations

You may not use TCMS if your access has previously been suspended or terminated, unless TCMS provides written authorization.

3. User Accounts

Certain TCMS features require an account.

When creating or maintaining an account, you agree to:

• Provide accurate and current information
• Maintain the confidentiality of your credentials
• Use a strong and secure password
• Restrict access to authorized users
• Notify TCMS promptly of suspected unauthorized access
• Keep contact and billing information updated
• Accept responsibility for activity performed through your account

You may not share an individual account with unauthorized persons or allow another person to impersonate you.

TCMS may require email, mobile-phone, multifactor, or other identity verification.

4. Authorized Organizations and Users

Organizations may create or manage accounts for employees, contractors, clinicians, technicians, administrators, or other personnel.

The subscribing organization is responsible for:

• Determining who may access its account
• Assigning appropriate roles and permissions
• Removing access when no longer required
• Monitoring activities conducted through organizational accounts
• Ensuring that authorized users comply with these Terms
• Obtaining any permissions or consents required for data entered into TCMS

An organization may control information entered through an organization-managed account, subject to applicable law and contractual arrangements.

5. User Responsibilities

You agree to use TCMS responsibly and lawfully.

You are responsible for:

• The accuracy and legality of information you enter
• Confirming that you have authorization to collect and process such information
• Maintaining professional and regulatory compliance
• Reviewing reports and output before relying on them
• Maintaining reasonable safeguards for your devices and credentials
• Making appropriate professional decisions independently of the platform
• Ensuring that your use does not violate the rights of another person

TCMS is not responsible for professional decisions made by users based on incomplete, inaccurate, improperly entered, or misinterpreted information.

6. HIPAA, FERPA, and Regulated Information

Users may use TCMS in contexts involving Protected Health Information, education records, or other regulated data.

Users and subscribing organizations are responsible for determining whether HIPAA, FERPA, state privacy laws, professional licensing rules, or other requirements apply to their activities.

Users are responsible for:

• Obtaining appropriate consent or authorization
• Following minimum-necessary access principles where applicable
• Configuring user permissions correctly
• Protecting login information
• Avoiding unauthorized disclosure
• Following their organization’s policies
• Reporting suspected security incidents
• Maintaining any records required by law

Use of TCMS does not independently establish or guarantee compliance with HIPAA, FERPA, or any other legal requirement.

Where TCMS qualifies as a business associate under HIPAA and the parties agree that HIPAA applies, TCMS and the applicable customer may enter into a separate Business Associate Agreement. A Business Associate Agreement is not automatically created solely by accepting these Terms.

7. TCMS Account Verification SMS Program

Program Name

The SMS program is called the TCMS Account Verification Program.

Program Description

The TCMS Account Verification Program sends one-time passcodes and transactional account-security messages to users who request them while:

• Registering for an account
• Signing in
• Verifying a mobile phone number
• Resetting a password
• Confirming a security-sensitive action
• Completing another authentication process

The program is transactional and is not used to send marketing or promotional messages.

SMS Consent

By providing your mobile phone number and actively selecting “Send Code,” “Verify Phone Number,” “Log In,” or a similar verification button, you consent to receive an SMS one-time passcode or account-security message from TCMS at the number you provide.

SMS consent applies only to the authentication or security message requested by the user. Consent to receive SMS authentication messages is not consent to receive marketing communications.

You represent that:

• You are the subscriber or authorized user of the mobile number provided
• You are authorized to receive messages at that number
• The information provided is accurate
• You will notify TCMS if the number changes or is reassigned

Message Frequency

Message frequency varies based on the number of verification or security requests initiated by the user.

TCMS does not send recurring promotional messages through this program.

Message and Data Rates

Message and data rates may apply according to your wireless carrier, mobile plan, and location.

TCMS does not charge a separate fee for receiving an OTP, but your carrier may impose messaging or data charges.

Opt-Out Instructions

You may opt out of SMS messages by replying STOP.

After opting out, you may receive a confirmation message stating that you have been unsubscribed. You will no longer receive messages from the applicable TCMS messaging program unless you later provide valid consent or opt back in.

Opting out may prevent you from receiving authentication codes and may make certain TCMS account features unavailable.

Help Instructions

For assistance, reply HELP, call (917) 231-1182, or email support@tcms.systems.

Delivery and Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

SMS delivery depends on mobile-carrier networks and other systems outside TCMS’s control. TCMS does not guarantee that every message will be delivered or delivered within a specific period.

Supported Carriers and Devices

Availability may vary by carrier, mobile device, mobile plan, location, and network conditions.

Privacy

Mobile information, SMS opt-in information, and consent are handled in accordance with the TCMS Privacy Policy.

Mobile information will not be sold or rented. Mobile information, SMS opt-in data, and consent will not be shared with third parties or affiliates for their own marketing or promotional purposes.

TCMS may share mobile information with service providers that support delivery, security, hosting, fraud prevention, and operation of the SMS service, solely as reasonably necessary to provide those services.

SMS Program Changes

TCMS may modify, suspend, or discontinue the SMS program or any part of it at any time, subject to applicable law.

8. Acceptable Use

You may not use TCMS to:

• Violate any law or regulation
• Enter information without proper authorization
• Access another person’s account without permission
• Circumvent authentication or security measures
• Copy, scrape, reverse-engineer, or improperly extract platform content or code
• Upload malware or harmful code
• Interfere with platform operation
• Conduct penetration testing without written authorization
• Harass, threaten, exploit, or harm another person
• Send unlawful, deceptive, or unsolicited communications
• Misrepresent your identity or professional qualifications
• Use TCMS for unauthorized surveillance
• Resell or sublicense the platform without written permission
• Use platform data to build a competing product without authorization
• Attempt to discover source code, except where applicable law expressly permits it

TCMS may investigate suspected misuse and suspend access where reasonably necessary to protect the service or its users.

9. Client and User Data Ownership

As between TCMS and the user or subscribing organization, the user or organization retains its applicable rights in data lawfully entered into TCMS.

By entering information into TCMS, you grant TCMS a limited right to host, process, transmit, back up, display, and otherwise handle the information as necessary to:

• Provide the service
• Fulfill user instructions
• Maintain security
• Provide support
• Comply with legal obligations
• Enforce these Terms

You represent that you have all rights, permissions, consents, and lawful authority needed to provide such information to TCMS.

10. Intellectual Property

TCMS and its licensors retain all rights in the platform, including:

• Software
• Source code
• Object code
• Databases
• System architecture
• User-interface designs
• Logos
• Graphics
• Text
• Templates
• Documentation
• Reports and report formats
• Trademarks
• Service marks
• Other proprietary materials

Except for the limited right to use TCMS under these Terms, no intellectual-property rights are transferred to you.

You may not copy, modify, distribute, reverse-engineer, sublicense, sell, or create derivative works from TCMS without prior written authorization, except where applicable law expressly permits otherwise.

11. Feedback

If you submit ideas, suggestions, or feedback regarding TCMS, you grant TCMS permission to use that feedback without restriction or compensation, provided that TCMS does not publicly identify you as the source without permission.

12. Fees, Billing, and Subscriptions

Certain TCMS features may require a paid subscription.

Where applicable:

• Fees will be presented before purchase
• Subscription charges may recur according to the selected plan
• You authorize TCMS or its payment provider to charge the payment method supplied
• Taxes may be added where required
• You must maintain accurate billing information
• Failure to pay may result in suspension or termination

Specific pricing, renewal, cancellation, and refund terms may be shown during checkout, in an order form, or in another agreement.

Unless otherwise required by law or stated in a written agreement, fees already paid are non-refundable.

13. Third-Party Services

TCMS may use or integrate with third-party services, including:

• Hosting providers
• Payment processors
• SMS and email providers
• Analytics tools
• Authentication providers
• Data-storage services
• Other software integrations

Third-party services may be governed by separate terms and privacy policies. TCMS is not responsible for third-party services that it does not control.

14. Availability and Modifications

TCMS may:

• Modify features
• Add or remove functionality
• Perform maintenance
• Restrict access temporarily
• Update technical requirements
• Change available subscription plans

TCMS aims to maintain reliable service but does not guarantee uninterrupted or error-free availability.

Maintenance, security events, telecommunications failures, internet failures, third-party outages, and circumstances outside TCMS’s reasonable control may affect availability.

15. Backups and Data Export

TCMS may perform system backups for business continuity and disaster recovery. Backups are not a substitute for a user’s independent record-retention obligations.

Users and organizations should maintain copies of records where required by law, contract, professional standards, or internal policy.

Data-export options may depend on the subscription plan, platform configuration, technical limitations, and applicable agreement.

16. Confidentiality

Users may receive access to confidential information through TCMS.

Users agree to:

• Use confidential information only for authorized purposes
• Restrict disclosure to authorized persons
• Apply reasonable safeguards
• Notify the appropriate party of unauthorized access or disclosure

This section does not replace any Business Associate Agreement, data-processing agreement, nondisclosure agreement, or other written agreement between the parties.

17. Suspension and Termination

TCMS may suspend or terminate access if:

• These Terms are violated
• Fees remain unpaid
• Use creates a security or legal risk
• An account is used fraudulently
• Required by law or governmental order
• Continued access may harm TCMS, users, or third parties
• The service or applicable feature is discontinued

Where reasonably practical, TCMS may provide notice and an opportunity to correct the issue. Immediate action may be taken when necessary for security, legal compliance, or protection of users.

Users may stop using TCMS at any time and may request account closure by contacting support, subject to applicable contractual, payment, legal, and record-retention obligations.

18. Disclaimers

To the maximum extent permitted by law, TCMS is provided on an “as is” and “as available” basis.

TCMS does not warrant that:

• The platform will always be available
• The platform will be free from errors
• Every report or calculation will be accurate under all circumstances
• The platform will satisfy every legal or regulatory obligation applicable to the user
• The platform will prevent every unauthorized access or security incident
• Third-party integrations will remain available

Users are responsible for independently reviewing information, exercising professional judgment, and maintaining legally required records.

19. Limitation of Liability

To the maximum extent permitted by applicable law, TCMS, Smith Enterprises and Endeavors Company, Inc., and their officers, directors, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to:

• Use or inability to use TCMS
• Loss or corruption of information
• Unauthorized account access
• User error
• Professional decisions
• Third-party services
• Service interruption
• Lost profits or business opportunities

Where liability cannot legally be excluded, liability will be limited to the maximum extent permitted by law.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless TCMS, Smith Enterprises and Endeavors Company, Inc., and their officers, directors, employees, contractors, and affiliates from claims, damages, losses, liabilities, costs, and expenses arising from:

• Your misuse of TCMS
• Your violation of these Terms
• Data entered without authorization
• Your violation of another person’s rights
• Your professional services or decisions
• Your failure to comply with applicable law

21. Governing Law

These Terms are governed by the laws applicable in the State of New York, without regard to conflict-of-law principles, unless another written agreement requires otherwise.

Any dispute will be handled in the courts of competent jurisdiction located in New York, unless applicable law or a separate written agreement provides otherwise.

22. Changes to These Terms

TCMS may update these Terms periodically.

When material changes are made, TCMS may provide notice through the website, mobile application, account notification, email, or another reasonable method.

The “Last Updated” date identifies the latest revision. Continued use after revised Terms become effective constitutes acceptance to the extent permitted by law.

23. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain effective. The invalid provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted.

24. No Waiver

Failure by TCMS to enforce a provision of these Terms does not waive the right to enforce that provision later.

25. Entire Agreement

These Terms, the Privacy Policy, any applicable order form, subscription agreement, Business Associate Agreement, and other written agreement between the parties constitute the applicable agreement regarding use of TCMS.

Where a separately signed agreement conflicts with these Terms, the signed agreement will control to the extent of the conflict.

26. Contact Us

Questions about these Terms or the TCMS Account Verification Program may be directed to:

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

Email:
info@tcms.systems
support@tcms.systems