Terms of Service

1. Introduction and Acceptance

Welcome to VizyPlan. These Terms of Service ("Terms") constitute a legally binding agreement between you and VizyPlan, Inc. ("VizyPlan," "we," "us," or "our") governing your use of the VizyPlan mobile application and web services (collectively, the "Service").

By creating an account, downloading, accessing, or using VizyPlan, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

Parent and Caregiver Use Only: VizyPlan is designed exclusively for use by parents, guardians, caregivers, and authorized service providers. The Service is not intended for independent use by children. By creating an account, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement.

2. Compliance Framework — Consumer vs. Healthcare Provider Use

VizyPlan operates under two distinct compliance frameworks depending on your account type:

Consumer/Parent Accounts

VizyPlan operates as a consumer application for parents managing their own children's schedules and routines. When used by parents for personal family organization, VizyPlan is not subject to HIPAA requirements, as parents are not covered entities under HIPAA.

Healthcare Provider Accounts — Staged Rollout

Phase 1 (Current): Visual schedule creation, family collaboration tools, and resource sharing. No Protected Health Information (PHI) entry permitted during Phase 1.

Phase 2 (Q2 2026): Clinical documentation features including session notes, goal tracking, and meeting transcription with full HIPAA compliance and executed Business Associate Agreements (BAAs).

Providers in Phase 1 acknowledge they are using VizyPlan solely for visual support creation and family communication, not clinical documentation. PHI entry is prohibited until Phase 2 launch.

Important Medical Disclaimer

VizyPlan is not a medical device, diagnostic tool, or therapeutic intervention. The Service does not provide medical, mental health, or therapeutic advice and is not a substitute for professional medical care.

3. Description of Service

VizyPlan is a visual planning and routine management platform designed to help parents, caregivers, and service provider professionals support children's daily activities, behavioral goals, and therapeutic objectives. The Service includes features such as:

• Visual schedules and daily routine management
• Activity tracking and progress monitoring
• Goal setting and achievement tracking
• Collaboration tools for service providers
• AI-powered image generation for visual supports
• Emergency calm strategies and coping tools
• Gamification features including rewards and motivation systems

4. No Medical Advice or Therapeutic Claims

VizyPlan is not a medical device, diagnostic tool, or therapeutic intervention. The Service is designed for organizational and planning purposes only and does not provide medical, mental health, or therapeutic advice.

• The Service is not a substitute for professional medical advice, diagnosis, or treatment
• Always seek the advice of qualified healthcare professionals regarding any medical, behavioral, or developmental concerns
• Do not disregard professional medical advice or delay seeking treatment because of information accessed through VizyPlan
• In case of a medical emergency, call 911 or your local emergency services immediately

Any content, suggestions, or features within VizyPlan are provided for general informational and organizational purposes only and should not be construed as clinical recommendations.

Emergency Calm Features

VizyPlan includes "Emergency Mode" and calming strategy features designed to help with everyday emotional regulation. These features are NOT:

• Crisis intervention or mental health emergency services
• A substitute for professional behavioral or mental health support
• Appropriate for serious behavioral or psychiatric emergencies

In any emergency involving risk of harm, call 911 or your local emergency services immediately. For mental health crises, contact the 988 Suicide and Crisis Lifeline by calling or texting 988.

5. User Accounts and Eligibility

Account Creation

To use VizyPlan, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful and accurate account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

Age and Authority Requirements

You must be at least 18 years of age to create a VizyPlan account. By creating an account, you represent and warrant that:

• You are at least 18 years old
• You have the legal authority to accept these Terms
• If providing information about a child, you are the parent, legal guardian, or authorized caregiver with lawful consent to do so
• If you are a service provider, you have obtained appropriate consent from families to collaborate through VizyPlan

Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, illegal activity, fraudulent behavior, or any other reason at our sole discretion. You may terminate your account at any time through the app settings or by contacting us.

5A. Healthcare Provider Requirements

If you are a licensed healthcare provider using VizyPlan:

Phase 1 Provider Compliance

You represent and warrant that you will:

• Use VizyPlan only for visual support creation and family collaboration during Phase 1
• Not enter any Protected Health Information (PHI) until Phase 2 launches with HIPAA compliance
• Obtain appropriate family consent for collaboration through VizyPlan
• Comply with all applicable professional ethics codes and licensing requirements

BCBA-Specific Requirements

BCBAs using VizyPlan acknowledge that BACB Ethics Code compliance is their sole responsibility. When Phase 2 clinical features launch, BCBAs must obtain written client/guardian consent per Ethics Code 2.07 before using AI features with client data.

Professional Indemnification

Provider agrees to indemnify VizyPlan for any violations of professional ethics codes, licensing requirements, or unauthorized PHI entry during Phase 1.

6. Parental Control and Responsibility

Children's Privacy and Safety: VizyPlan is designed as a parent-controlled platform. As the account holder, you acknowledge and agree that:

• Children do not have independent accounts or login credentials
• You are responsible for all information you enter about children in your care
• You will not share account access with children or allow unsupervised use
• You maintain full control over what information is shared about your family
• You are responsible for monitoring how children interact with visual schedules and activities created in VizyPlan

If you invite service providers to collaborate through VizyPlan, you authorize them to view relevant child profiles and activity data as necessary to provide their services. You may revoke provider access at any time.

Provider Verification Disclaimer

VizyPlan allows you to add and manage information about service providers (therapists, teachers, specialists, etc.). You acknowledge that:

• VizyPlan does NOT verify the credentials, licenses, or qualifications of any providers you add
• You are solely responsible for verifying provider credentials and ensuring they are appropriate for your child
• Provider information you enter is for your organizational purposes only
• VizyPlan does not endorse, recommend, or guarantee any provider

7. Subscription Plans and Payment Terms

Free Trial

VizyPlan offers a 7-day free trial for new users. During the trial period, you will have full access to all features of the Service. No payment information is required to start your trial. After your trial ends, you will need to subscribe to continue using the Service.

Subscription Fees

After the free trial period, continued use of VizyPlan requires a paid subscription. Subscription fees are charged on a recurring basis (monthly or annually, depending on your selected plan) and are billed in advance through Apple's In-App Purchase system.

• Current pricing is displayed in the app and managed through your Apple ID account
• Payment will be charged to your Apple ID account at confirmation of purchase
• All fees are in U.S. dollars unless otherwise specified
• Taxes may apply based on your location

Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period. You can manage your subscription and turn off auto-renewal in your Apple ID account settings after purchase.

Cancellation and Refunds

You may cancel your subscription at any time through your Apple ID account settings. To cancel, open Settings on your device, tap your name, tap Subscriptions, select VizyPlan, and tap Cancel Subscription. Upon cancellation:

• You will retain access to paid features through the end of your current billing period
• Your subscription will not renew for the next billing period
• You may reactivate your subscription at any time

Refund requests must be submitted to Apple directly through your Apple ID account settings or by contacting Apple Support. Refunds are subject to Apple's refund policies and are provided at Apple's sole discretion. For more information, visit support.apple.com/billing.

Price Changes

We reserve the right to modify subscription pricing at any time. If we increase prices, Apple will notify you in advance, and the price change will take effect at the start of your next billing period. Your continued use of the Service after a price increase constitutes acceptance of the new pricing.

8. License and Restrictions

Limited License

Subject to your compliance with these Terms, VizyPlan grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes. This license does not include any rights to:

• Modify, copy, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the software
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Service for commercial purposes or on behalf of third parties
• Rent, lease, sublicense, or resell access to the Service

Prohibited Uses

You agree not to use VizyPlan to:

• Violate any applicable laws, regulations, or third-party rights
• Store or transmit Protected Health Information (PHI) or medical records
• Upload viruses, malware, or any harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity
• Harvest or collect information about other users without their consent
• Use automated systems (bots, scrapers) to access the Service

9. Third-Party Services and Integrations

VizyPlan uses the following third-party services to provide and enhance the Service:

Supabase (Cloud Infrastructure)

• Provides database hosting, authentication, and cloud storage
• SOC 2 Type II certified for data security
• Review their privacy practices at supabase.com/privacy

xAI (AI Image Generation)

• Powers AI-generated images for visual supports, activities, and story illustrations
• Text prompts are sent to their API for image creation
• Review their privacy practices at x.ai/legal/privacy-policy

Amazon Web Services — Bedrock (AI Processing)

• Powers Vizy Advocate, Vizy Copilot, Story Copilot, meeting analysis, and other conversational AI features (Anthropic Claude models accessed via AWS Bedrock)
• Text prompts, conversation history, and relevant context are sent to AWS for response generation
• AWS has executed a HIPAA Business Associate Agreement (BAA) with VizyPlan that covers Bedrock and the Claude models we use; no data is used to train AWS or Anthropic models
• Review AWS privacy practices at aws.amazon.com/privacy

AssemblyAI (Audio Transcription)

• Transcribes meeting recordings into text
• Audio files are sent to their API for transcription processing
• AssemblyAI has executed a HIPAA Business Associate Agreement (BAA) with VizyPlan; audio is processed under their medical-domain model
• Review their privacy practices at assemblyai.com/legal/privacy-policy

Stripe (Payment Processing)

• Handles subscription payment processing
• Review their privacy practices at stripe.com/privacy

Resend (Email Delivery)

• Sends transactional emails (invitations, notifications)
• Review their privacy practices at resend.com/legal/privacy-policy

RevenueCat (Subscription Management)

• Manages subscription entitlements and purchase validation
• Review their privacy practices at revenuecat.com/privacy

Apple (In-App Purchases)

• Handles subscription purchases and billing through the App Store
• Review their privacy practices at apple.com/legal/privacy

Google Calendar (Calendar Sync)

• Syncs calendar events to your VizyPlan activity schedule
• Requires read-only access to your Google Calendar data via OAuth
• Event titles, dates, and times are imported; no data is sent to Google
• Review their privacy practices at policies.google.com/privacy

Apple Calendar (Calendar Sync)

• Syncs on-device calendar events to your VizyPlan activity schedule
• Requires calendar permission on your device
• Event data is read locally and never sent to third parties

We are not responsible for the practices or content of third-party services. Your use of these services is subject to their respective terms and privacy policies.

10. AI-Powered Features

Certain features of VizyPlan, including the Parent Advocacy Assistant, Vizy Copilot, Story Copilot, and meeting analysis, use artificial intelligence services provided by Amazon Web Services Bedrock (running Anthropic Claude models under a signed HIPAA Business Associate Agreement). Content generated by these features is AI-assisted and should not be considered professional advice.

By using AI-powered features, you acknowledge that:

• Responses are generated by AI based on information you provide
• AI-generated content may contain errors or inaccuracies
• You are responsible for how you use any AI-generated guidance
• Use of these features is subject to AWS's Responsible AI Policy at aws.amazon.com/machine-learning/responsible-ai/policy and Anthropic's Usage Policy at anthropic.com/legal/aup

Parent Advocacy Assistant Limitations

The Vizy Advocate feature provides AI-generated suggestions to help parents prepare for IEP meetings, 504 plans, and educational advocacy. This feature is NOT:

• A substitute for professional educational advocates, special education attorneys, or legal counsel
• A source of legal advice or official educational guidance
• A replacement for consultation with qualified special education professionals

AI-generated advocacy suggestions are for informational purposes only. For complex situations, disputed IEPs, or legal matters, consult with qualified professionals.

11. AI-Generated Visual Content

VizyPlan uses xAI (Grok) to generate visual content (such as activity images, story illustrations, and visual schedules). By using these features, you acknowledge that:

• AI-generated images may not be unique and similar images may be generated for other users
• Generated content is provided "as-is" without guarantees of originality or freedom from third-party rights
• You are responsible for reviewing AI-generated content before use

For details on xAI's data practices, see their Privacy Policy at x.ai/legal/privacy-policy.

12. Meeting Recording and Transcription (Phase 2 Feature)

The meeting recording and transcription feature will be available in Phase 2 (Q2 2026) for provider accounts with executed BAAs. This feature is not available during Phase 1.

Personal Notes Feature

When launched, the Personal Notes Feature will be designed for parents and caregivers to create personal notes and reference materials. Recordings and transcripts you create are your personal records — similar to handwritten notes you might take during a meeting. They are stored in your private account for your own reference and organization.

Recording Consent — Your Responsibility

VizyPlan provides tools to record and transcribe meetings for your personal reference. By using these features, you acknowledge and agree that:

• YOU are solely responsible for obtaining consent from all meeting participants before recording, as required by applicable federal, state, and local laws
• Recording laws vary by jurisdiction. Some states (including California, Florida, Illinois, Maryland, Massachusetts, Pennsylvania, and Washington) require consent from ALL parties to a conversation
• VizyPlan does not obtain consent on your behalf and has no way to verify whether you have obtained proper consent
• Recording someone without proper consent may violate federal and state wiretapping laws and could result in civil or criminal liability
• You agree to indemnify and hold harmless VizyPlan from any claims arising from recordings made without proper consent

Transcription Accuracy — Personal Reference Only

AI-generated transcriptions and meeting summaries are provided "AS IS" for your personal reference only, without any warranty of accuracy, completeness, or fitness for any particular purpose. These are your personal notes, not official records or clinical documentation.

• Transcriptions may contain errors, omissions, or misattributions
• AI-generated summaries and action items may not accurately reflect meeting content
• You are responsible for reviewing and verifying all transcriptions and summaries before relying on them
• Do not use AI-generated transcriptions as official legal, medical, or educational records without independent verification

Third-Party Processing

Audio recordings are processed by AssemblyAI for transcription (under a signed HIPAA Business Associate Agreement) and by Amazon Web Services Bedrock for meeting analysis (Anthropic Claude models under AWS's HIPAA BAA). Your use of the recording feature is subject to these providers' terms and policies.

13. Intellectual Property Rights

All content, features, functionality, software, and materials provided through VizyPlan, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of VizyPlan, Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your Content

You retain ownership of any content you create or upload to VizyPlan (photos, notes, schedules, etc.). By using the Service, you grant VizyPlan a limited, worldwide, non-exclusive license to use, store, and display your content solely for the purpose of providing and improving the Service.

AI-Generated Content

Images generated through VizyPlan's AI features are created based on your prompts and are stored in your account for your personal use. You agree not to use AI-generated content for commercial purposes or in ways that violate applicable laws or third-party rights.

Community Forum Content

If you participate in VizyPlan's community forum features, you are solely responsible for content you post. You agree not to post content that:

• Is false, misleading, defamatory, or harmful
• Infringes on intellectual property or privacy rights of others
• Contains personal information about other individuals without their consent
• Promotes illegal activities or constitutes professional advice (medical, legal, etc.)

VizyPlan does not endorse user-generated content and is not liable for posts made by other users. We reserve the right to remove content that violates these Terms.

14. User Feedback and Suggestions

We welcome feedback, comments, and suggestions for improvements to VizyPlan ("Feedback"). By submitting Feedback, you grant VizyPlan a perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, distribute, and incorporate your Feedback into the Service without any obligation to compensate you or provide attribution.

15. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using VizyPlan, you consent to the data practices described in our Privacy Policy.

Key privacy points:

• We do not sell or rent your personal information
• We use encryption to protect data in transit and at rest
• You can export or delete your data at any time
• We do not collect information directly from children

16. Disclaimers and Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, VizyPlan disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected

We do not guarantee that the Service will meet your specific requirements or that it will be compatible with all devices or operating systems. We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice.

Data Loss and Backup

While we implement reasonable measures to protect your data, we do not guarantee against data loss. You acknowledge that:

• VizyPlan is not a backup service and should not be your only copy of important information
• Data may be lost due to technical failures, security incidents, or service discontinuation
• You are responsible for maintaining your own backups of critical information
• We are not liable for any data loss, corruption, or inability to access your data

We recommend periodically exporting important schedules, notes, and records for your own safekeeping.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VIZYPLAN, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ANY DAMAGES ARISING FROM YOUR RELIANCE ON THE SERVICE
• ANY DAMAGES ARISING FROM YOUR VIOLATION OF THESE TERMS
• ANY DAMAGES ARISING FROM YOUR MISUSE OF THE SERVICE FOR MEDICAL OR PHI PURPOSES

OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO VIZYPLAN IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

18. Indemnification

You agree to indemnify, defend, and hold harmless VizyPlan, Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including privacy or intellectual property rights
• Your storage or transmission of PHI or medical information through VizyPlan
• Any content you submit or share through the Service
• Your failure to comply with Phase 1 provider restrictions or unauthorized PHI entry
• Your violation of professional ethics codes or licensing requirements in your use of the Service
• Your failure to obtain required client/guardian consents per professional obligations

19. Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim, you agree to contact us at info@vizyplan.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for at least 30 days.

Binding Arbitration

If informal resolution is unsuccessful, any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AND VIZYPLAN AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms (other than arbitration) shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

21. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms in the app with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice within the Service

Your continued use of VizyPlan after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.

The most current version of these Terms will always be available at vizyplan.com/terms and within the app.

22. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

23. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VizyPlan regarding the Service and supersede all prior agreements and understandings, whether written or oral.

24. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact us:

Email: info@vizyplan.com
Support: Available through the app or via email

Mailing Address:
VizyPlan, Inc.
2470 South Dairy Ashford Rd., Suite #521
Houston, TX 77077
United States

By using VizyPlan, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including all sections regarding HIPAA non-compliance, medical disclaimers, subscription terms, and limitations of liability.