Terms of Service
Terms governing access to and use of the PhysednHealth platform, including assessment, reporting, planning, and Ed tools.
Last updated: July 23, 2026
| Operator | PhysednHealth, operated by De Monfort LLC |
| Website | https://www.physednhealth.com |
| Support contact | awesome@physednhealth.com · (202) 579-9172 |
| Mailing address | 8829 Gerren Ct, Charlotte, NC 28217 |
- Acceptance of Terms
- Description of the Service
- Authorized Users and School Use
- Account Responsibilities
- Free Trials, Limited-Time Access, and Subscriptions
- Acceptable Use
- Student Data and Privacy
- FERPA, COPPA, and School-Authorized Use
- Ed and AI Planning Tools
- User Content and Generated Content
- Platform Ownership
- Assessment, Fitness, Health, and Wellness Disclaimer
- Third-Party Services and Integrations
- Service Availability and Changes
- Confidentiality and Security
- Feedback
- Suspension and Termination
- Disclaimers
- Limitation of Liability
- Indemnification
- Governing Law and Dispute Resolution
- Changes to the Terms
- General
- Contact
1. Acceptance of Terms
These Terms of Service (Terms) govern access to and use of PhysednHealth, operated by De Monfort LLC (PhysednHealth, we, our, or us). By creating an account, signing in, accessing, or using the Service, you agree to these Terms. Students do not accept these Terms individually: when the Service is used through a school or district, students access the Service under the school or district’s authorization, and the school or district’s acceptance of these Terms (or its separate written agreement) governs student use.
If you are using the Service on behalf of a school, district, organization, or other entity, you represent that you are authorized to accept these Terms on behalf of that entity. If your school or district has a separate written agreement, data privacy agreement, order form, or contract with PhysednHealth, that agreement controls to the extent it conflicts with these Terms.
2. Description of the Service
PhysednHealth is a platform for K-12 physical education, health, wellness, assessment, scoring, reporting, and instructional planning. The Service may include teacher dashboards, class setup, roster management, student access, assessment creation, scoring tools, fitness testing, reports, wellness tools, workout tools, and Ed planning tools.
Ed is a teacher-facing planning assistant that helps generate resources such as lesson plans, unit plans, assessment-day plans, rubrics, station rotations, sub plans, workouts, and program materials.
3. Authorized Users and School Use
The Service is intended for use by authorized schools, districts, teachers, administrators, staff, students, and other users approved by a school or district. The Service is not directed to children outside of school-authorized use, and students under 13 may use the Service only through their school or district as described in the COPPA Direct Notice for Schools and Parents.
- Teachers and staff may use the Service only for school-authorized educational purposes.
- Students may use the Service only when authorized by their school, district, teacher, parent, or guardian as applicable.
- Schools and districts are responsible for determining which users are authorized, maintaining accurate rosters, and managing access rights.
- Users must comply with their school or district policies when using the Service.
4. Account Responsibilities
- You must provide accurate account information and keep it current.
- You are responsible for maintaining the confidentiality of your account credentials.
- You may not share accounts, impersonate another person, or use another user account without authorization.
- You must notify PhysednHealth or your school administrator promptly if you believe an account has been compromised.
- Schools and districts are responsible for promptly removing or updating user access when staff, student, class, or role information changes.
5. Free Trials, Limited-Time Access, and Subscriptions
PhysednHealth may offer free trials, limited-time access, promotional access, or pilot access. Trial and promotional access may include limited access to Ed and other features.
- Trial access may be time-limited, usage-limited, or feature-limited.
- PhysednHealth may pause, restrict, or end trial access when the trial period expires, the account becomes inactive, usage limits are reached, or the trial is misused.
- At the end of a trial, unpaid accounts may lose access to creating new plans, assessments, scores, reports, exports, or Ed generations.
- PhysednHealth may provide read-only access to prior account data for a limited period, subject to the applicable agreement, privacy policy, and data retention practices.
- Paid subscriptions purchased by a school, district, or organization are governed by the applicable order form, invoice, contract, or written subscription terms.
Individual subscriptions: If you purchase a subscription directly from PhysednHealth as an individual, your subscription renews automatically at the end of each billing period at the then-current price until canceled. You may cancel at any time through your account settings or by emailing awesome@physednhealth.com; cancellation takes effect at the end of the current billing period, and you retain access until then. The billing period, renewal price, and any refund terms are disclosed at checkout. Where required by law, PhysednHealth will provide advance notice of renewals or price changes and honor applicable refund rights.
6. Acceptable Use
Users may not misuse the Service. Prohibited conduct includes:
- Using the Service for any unlawful, harmful, abusive, harassing, discriminatory, or fraudulent purpose.
- Attempting to gain unauthorized access to accounts, systems, data, or networks.
- Uploading malware, malicious code, or content that interferes with the Service.
- Scraping, copying, reverse engineering, or attempting to extract source code except where permitted by law.
- Using the Service to collect, publish, or disclose student information without proper authorization.
- Entering unnecessary sensitive student information into Ed prompts or other free-text areas.
- Using Ed or generated content to make medical, legal, disciplinary, eligibility, special education, placement, or other high-stakes decisions without appropriate professional review and school processes.
- Misrepresenting assessment results, altering records improperly, or using reports for purposes not authorized by the school or district.
7. Student Data and Privacy
Student data is handled according to our Privacy & Security Policy, COPPA Direct Notice for Schools and Parents, Student Data & AI Use Summary, and any applicable school or district agreement.
PhysednHealth does not sell student personal information and does not use student personal information for targeted advertising. Student personally identifiable information and student assessment data are not used to train core AI models.
Schools and districts remain responsible for obtaining or providing required authorizations or consents for use of the Service, including any required parent, guardian, or school consent under applicable law and school policy.
- Privacy & Security Policy: https://www.physednhealth.com/privacy-and-security/
- COPPA Direct Notice: https://www.physednhealth.com/coppa-direct-notice/
- Student Data & AI Use Summary: https://www.physednhealth.com/student-data-ai-use-summary/
8. FERPA, COPPA, and School-Authorized Use
When used by a school or district for school-authorized educational purposes, PhysednHealth acts as a service provider to the school or district. Student information maintained in the Service may be part of education records controlled by the school or district.
Parents and eligible students should generally direct access, correction, deletion, or records requests to the school or district. PhysednHealth will reasonably support schools and districts in responding to authorized requests.
For COPPA-covered use, a school or district may authorize the collection, use, and disclosure of student personal information on behalf of parents when permitted by law and when the Service is used for the school educational benefit.
9. Ed and AI Planning Tools
Ed provides planning assistance and generated resources for teacher review. Ed-generated content may include suggestions for lessons, activities, station rotations, assessment-day logistics, rubrics, differentiation, and program materials.
- Teachers and authorized staff are responsible for reviewing generated content before using it with students.
- Generated plans should be checked for safety, facility fit, age appropriateness, student needs, standards alignment, and school policy alignment.
- Ed does not replace teacher judgment, professional judgment, medical advice, legal advice, special education processes, or district-approved decision-making procedures.
- Users should avoid entering unnecessary student names, health information, disability details, discipline information, family information, or other sensitive student-specific information into Ed prompts.
- PhysednHealth may modify, improve, suspend, or limit Ed features, including during free or limited-time access periods.
10. User Content and Generated Content
Users may submit content to the Service, including prompts, lesson context, assessment details, scores, notes, uploaded documents, and other materials (User Content). As between the user or school and PhysednHealth, the school or user retains ownership of User Content, subject to the rights needed for PhysednHealth to operate and support the Service.
Users may use plans, rubrics, activities, and other outputs generated by the Service for their own school-authorized educational purposes. PhysednHealth does not guarantee that generated content will be error-free, complete, safe for every setting, or appropriate for every student or school. Users are responsible for reviewing and adapting generated content before use.
11. Platform Ownership
PhysednHealth and its licensors retain all rights, title, and interest in the Service, including software, interfaces, design, workflows, templates, platform content, documentation, trademarks, and related intellectual property. These Terms do not grant users ownership of the platform or any PhysednHealth intellectual property.
12. Assessment, Fitness, Health, and Wellness Disclaimer
PhysednHealth supports school-authorized physical education, health, wellness, assessment, and reporting workflows. The Service is not a medical device and does not provide medical diagnosis, treatment, or medical advice.
- Schools, teachers, and authorized staff are responsible for using appropriate safety practices.
- Users should follow school, district, state, and professional guidelines for physical activity, fitness testing, and student accommodations.
- Teachers should modify or avoid activities that are unsafe or inappropriate for the available space, equipment, staffing, weather, class size, or student needs.
- Any health, fitness, or wellness information should be interpreted by qualified school personnel according to applicable policy.
13. Third-Party Services and Integrations
PhysednHealth uses service providers to operate the Service, including Amazon Web Services, Inc. (AWS) for cloud hosting, data storage, and security infrastructure, and OpenAI OpCo, LLC (OpenAI) for the AI processing that powers Ed. PhysednHealth remains responsible for these service providers as described in the Privacy & Security Policy and requires them, with written assurances, to use information only to provide services to PhysednHealth.
The Service may also connect to third-party integrations selected and controlled by a school or district, such as SSO, roster import, and LMS/SIS connections. Those services have their own terms and privacy practices, and PhysednHealth is not responsible for third-party services it does not control, except as required by applicable agreement or law.
14. Service Availability and Changes
PhysednHealth works to provide a reliable service, but the Service may be unavailable from time to time due to maintenance, updates, technical issues, security events, internet failures, third-party service interruptions, or other causes.
PhysednHealth may update, modify, suspend, replace, limit, or discontinue features, including trial features, beta features, Ed features, workouts, reports, or integrations. When practical, PhysednHealth will provide notice of material changes affecting school or district use.
15. Confidentiality and Security
Users must protect confidential school, district, staff, and student information accessed through the Service. Users may not disclose student information except as authorized by the school or district and applicable law.
PhysednHealth maintains a written information security program with administrative, technical, and organizational safeguards designed to protect the confidentiality, security, and integrity of information processed through the Service, as described in the Privacy & Security Policy. No system can guarantee absolute security.
16. Feedback
If users provide suggestions, comments, ideas, or feedback about the Service, PhysednHealth may use that feedback to improve the Service without obligation or compensation, provided that PhysednHealth will not disclose student personal information in violation of its privacy commitments or applicable agreements.
17. Suspension and Termination
PhysednHealth may suspend or terminate access to the Service if a user violates these Terms, a school or district requests termination, payment is not received, the account is inactive or a trial expires, access creates a security/privacy/legal/operational risk, or the Service is discontinued or materially changed.
Upon termination, access to some or all features may end. Data export, deletion, read-only access, and retention will be handled according to the applicable agreement, Privacy & Security Policy, and data retention practices.
18. Disclaimers
To the maximum extent permitted by law, the Service is provided as is and as available. PhysednHealth disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, and accuracy of generated content or reports, except where a written agreement expressly provides otherwise.
Some schools or public entities may require different warranty language in a negotiated agreement. In that case, the negotiated written agreement controls.
19. Limitation of Liability
To the maximum extent permitted by law, PhysednHealth will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, lost instructional time, or business interruption, arising from or related to the Service.
To the maximum extent permitted by law, PhysednHealth total liability for claims arising from or related to the Service will not exceed the amounts paid to PhysednHealth for the Service during the twelve months before the event giving rise to the claim, or one hundred dollars ($100) for free trial users, unless a different written agreement applies.
20. Indemnification
To the extent permitted by law, organizations and individual users who purchase or use the Service outside of a school or district agreement agree to indemnify and hold PhysednHealth harmless from third-party claims arising out of misuse of the Service, violation of these Terms, unauthorized disclosure of information, or content submitted by the user or organization. Public schools, government entities, and districts may be subject to legal restrictions on indemnification, and nothing in this section requires indemnification where prohibited by law; any negotiated written agreement controls.
21. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules, unless a different written agreement applies or applicable law requires otherwise.
Before filing a claim, the parties will attempt in good faith to resolve any dispute informally by contacting awesome@physednhealth.com and allowing at least 30 days for resolution. Any dispute not resolved informally will be brought in the state or federal courts located in North Carolina, and the parties consent to venue and personal jurisdiction there. Public schools and government entities may be subject to their own venue, sovereign immunity, or governing-law requirements, which control where applicable law or a negotiated written agreement requires.
22. Changes to the Terms
PhysednHealth may update these Terms from time to time. If a material change affects school or district use, student data, paid access, or Ed use, PhysednHealth will provide notice as required by applicable law or written agreement. Continued use of the Service after updated Terms become effective means the user accepts the updated Terms.
23. General
If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. A failure to enforce any provision is not a waiver of it. Users may not assign these Terms without PhysednHealth’s consent; PhysednHealth may assign these Terms in connection with a merger, acquisition, or sale of assets, subject to its privacy commitments. These Terms, together with the documents they reference and any applicable written agreement, are the entire agreement between the parties regarding use of the Service.
24. Contact
Questions about these Terms may be directed to De Monfort LLC at awesome@physednhealth.com or by mail at 8829 Gerren Ct, Charlotte, NC 28217.
Related Documents
- Privacy & Security Policy: https://www.physednhealth.com/privacy-and-security/
- COPPA Direct Notice for Schools and Parents: https://www.physednhealth.com/coppa-direct-notice/
- Student Data & AI Use Summary: https://www.physednhealth.com/student-data-ai-use-summary/
- Data Privacy Agreement or School Data Processing Addendum: available on request at awesome@physednhealth.com
Reference sources considered
- FTC, Children’s Online Privacy Protection Rule: A Six-Step Compliance Plan for Your Business: https://www.ftc.gov/business-guidance/resources/childrens-online-privacy-protection-rule-six-step-compliance-plan-your-business
- FTC, Complying with COPPA: Frequently Asked Questions: https://www.ftc.gov/business-guidance/resources/complying-coppa-frequently-asked-questions
- U.S. Department of Education, Privacy and Education Technology resources: https://studentprivacy.ed.gov/privacy-and-education-technology
- U.S. Department of Education, FERPA resources: https://studentprivacy.ed.gov/ferpa
