Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Cothink LLC, a Florida limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the FAST-Action web application and related services (collectively, the "Service").

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

FAST-Action is an educational technology platform designed to assist Florida educators in:

• Analyzing Florida FAST (Florida Assessment of Student Thinking) assessment data
• Generating personalized student learning plans with IXL skill recommendations
• Providing AI-assisted analysis of Individualized Education Programs (IEPs)
• Supporting differentiated instruction through data-driven insights

3. User Representations and Warranties

• Administrative Authority: You are a school official with a legitimate educational interest in the student records you are uploading, as defined under FERPA (34 CFR § 99.31(a)(1)), OR you have received explicit authorization from such a school official to process such records;
• Institutional Authorization: Your use of the Service to process student education records is authorized by your employing educational institution, school district, or educational agency;
• Parental Consent (Where Required): Where your institution's policies or applicable law require parental consent for the use of third-party educational technology services, you have obtained or verified that such consent has been obtained;
• Compliance with Institutional Policies: Your use of the Service complies with all applicable policies, procedures, and guidelines established by your educational institution or district;
• Proper Purpose: You are uploading student data solely for legitimate educational purposes.

4. Artificial Intelligence Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• AI Limitations: Artificial intelligence and large language models may produce "hallucinations" - responses that appear authoritative but are factually incorrect. This cannot be completely eliminated.
• No Guarantee of Accuracy: THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CORRECTNESS OF ANY AI-GENERATED CONTENT.
• Assistive Tool Only: AI features are designed to assist and augment—not replace—the professional judgment of qualified educators. AI-generated content does not constitute:
  • Professional educational advice
  • Legal advice or legal interpretation
  • Medical or psychological diagnosis
  • Official IEP recommendations or required components
  • Compliance verification for IDEA, FERPA, ADA, or Section 504
• Professional Review Required: All AI-generated content MUST be reviewed, verified, and validated by qualified professionals before being relied upon or incorporated into official documents.
• No Substitute for Expertise: AI features cannot replace the expertise of licensed special education teachers, school psychologists, education attorneys, or IEP teams.
• User Responsibility: You assume full responsibility for evaluating and validating any AI-generated content before use.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COTHINK LLC SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities
• Any damages arising from reliance on AI-generated content
• Any damages resulting from unauthorized access to or alteration of your data
• Any damages exceeding the total amount you paid to us in the twelve (12) months preceding the claim

6. Fees and Payment

Usage of the Service requires the purchase of credits. All credit purchases are:

• Non-refundable except as required by law
• Valid for use within the timeframe specified at purchase
• Non-transferable except within authorized organization accounts

7. Indemnification

You agree to indemnify, defend, and hold harmless Cothink LLC from any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your uploading of student data without proper authorization

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any legal action shall be brought exclusively in the state or federal courts located in Florida.

9. Contact Information

For questions about these Terms of Service:

Cothink LLC
Email: alberto@cothink.pro
Website: https://fastixl.com