Terms of Use

These Terms of Use (“Terms”) govern access to and use of the websites, iPad web app, web-based applications, assessments, reports, professional learning services, artificial intelligence features, downloadable resources, and related student success tools provided by True Progress, LLC (“True Progress,” “we,” “our,” or “us”) (collectively, the “Services”).

By accessing or using the Services, signing a quote, submitting a purchase order, making payment, creating an account, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of a school, organization, or other entity, you represent that you have authority to accept these Terms on behalf of that entity. In that case, “you” and “your” refer to both you personally and the entity you represent.

True Progress was formerly associated with Track My Progress. References to True Progress in these Terms include any legacy Track My Progress services or systems operated by True Progress.

1. Relationship to Privacy Policy and Other Terms

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information, including student information. The Privacy Policy is incorporated into these Terms.

If a school uses True Progress without a separately signed written agreement, these Terms, our Privacy Policy, and any applicable quote, invoice, order, product, account, or posted service terms govern the school’s use of the Services.

If True Progress and a school enter into a separate written agreement, that agreement controls to the extent it conflicts with these Terms.

Certain Services, resources, transactions, or pages may be subject to additional terms. If additional terms apply, they govern that specific use to the extent they conflict with these Terms.

2. Who May Use the Services

The Services are intended for schools, educators, administrators, specialists, students, parents, guardians, and other authorized users in connection with school-authorized educational purposes.

Students may use the Services only when authorized by their school and only through accounts, access codes, links, or other access methods provided or approved by the school.

If you are under 18, you may use the Services only with authorization from your school, parent, or guardian, as applicable.

3. School Authorization and Responsibility

When a school creates accounts, uploads student information, assigns students to assessments, or otherwise uses True Progress with students, the school represents that it has authority to provide that information to True Progress and to authorize True Progress to process it for school-authorized educational purposes.

Schools are responsible for managing user access, assigning appropriate roles, maintaining accurate account information, ensuring that only authorized personnel access student information, providing required notices, obtaining any required consent or authorization, complying with student privacy laws, and promptly notifying True Progress if access should be removed, limited, or corrected.

4. Student Privacy, FERPA, and COPPA

The Services may involve student information protected by federal or state student privacy laws, including FERPA and COPPA.

When True Progress receives student information from a school, True Progress uses that information only to provide educational services to the school, as authorized by the school and applicable law.

When a school uses True Progress for a school-authorized educational purpose, the school may consent to the collection and use of student information as permitted by COPPA. True Progress uses student information collected in that context only to provide, support, secure, and improve the school-authorized educational Services, and for no unrelated commercial purpose.

True Progress does not sell student personal information, use student personal information for targeted advertising, or use student personal information to build marketing profiles.

Parents and guardians should generally direct requests about student education records to the school. True Progress will work with schools to support valid requests.

5. Accounts, Passwords, and Access

You are responsible for maintaining the confidentiality of account credentials, passwords, access codes, and other login information.

You agree to use only accounts assigned to you, keep credentials confidential, prevent unauthorized access to student information, promptly notify True Progress of suspected unauthorized access or misuse, comply with role-based permissions, and provide accurate account information.

You should use caution when accessing the Services from a shared or public device and should log out at the end of each session.

True Progress may suspend, disable, or terminate accounts if we believe access has been compromised, misused, or used in violation of these Terms.

6. License and Permitted Use

Subject to these Terms, True Progress grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the applicable subscription period for authorized educational, administrative, professional learning, school-related, or internal evaluation purposes.

This right does not give you ownership of the Services, True Progress content, software, assessments, reports, frameworks, technology, trademarks, or other intellectual property.

7. Subscription Periods, Quantities, and Access Limits

If Services are provided under a quote, invoice, order form, proposal, account page, or other ordering document, the subscription period begins and ends on the dates stated in that document.

Access to paid Services ends when the applicable subscription period expires or is terminated.

If an order includes a student count, school count, user count, assessment count, training quantity, service quantity, or other usage limit, the school may not exceed that limit without True Progress approval and payment of applicable additional fees.

If actual use exceeds the purchased quantity, True Progress may invoice the school for the additional use at the applicable rate.

8. Fees, Payment, and Taxes

Some Services require payment. Fees, payment terms, renewal terms, cancellation terms, access periods, and quantities may be described in an order form, invoice, online checkout, proposal, account page, quote, or other posted product or ordering terms.

Unless otherwise stated, fees are due according to the applicable invoice or ordering terms. Fees are non-refundable unless True Progress states otherwise in writing or a refund is required by law.

Fees do not include taxes unless stated otherwise. The school is responsible for applicable sales, use, excise, value-added, or similar taxes, except taxes based on True Progress’s income.

True Progress may suspend or limit access to paid Services if payment is not received when due after reasonable notice. Suspension does not waive amounts owed.

9. Prohibited Use

You agree not to use the Services for any unlawful purpose; access or attempt to access systems, accounts, or student information without authorization; share login credentials; interfere with or disrupt the Services; bypass security controls; reverse engineer the Services; scrape, crawl, harvest, bulk download, or extract data or content except through ordinary authorized use; use bots or automated tools without written permission; upload malware; impersonate others; violate student privacy laws; use student information for advertising or profiling; remove proprietary notices; or use True Progress names, logos, or trademarks in a way that suggests endorsement without written permission.

You may not use the Services or True Progress Content to design, develop, train, test, validate, operate, or improve any competing product, service, machine learning model, artificial intelligence system, large language model, foundation model, or data extraction tool.

You may not create, assemble, archive, cache, or distribute datasets containing True Progress Content except as expressly authorized by True Progress.

10. Prohibited Data

The Services are designed for educational assessment, student success, reporting, professional learning, and school-authorized educational purposes.

You may not submit Social Security numbers, payment card numbers, bank account information, driver’s license numbers, passport numbers, visa numbers, protected health information, medical records, psychotherapy notes, biometric identifiers, or other sensitive information not requested by True Progress.

True Progress has no obligation to monitor for prohibited data, but may delete, restrict, or remove prohibited data if discovered.

11. Content Standards

Any content submitted through the Services must be lawful, accurate to the best of your knowledge, appropriate for an educational setting, and consistent with student privacy obligations.

You may not submit content that is unlawful, harmful, defamatory, obscene, abusive, threatening, harassing, discriminatory, hateful, sexually explicit, violent, misleading, infringing, privacy-violating, confidential without authorization, promotional without authorization, or inconsistent with school authorization, student privacy obligations, or these Terms.

12. Monitoring and Enforcement

True Progress may review, remove, restrict, or refuse content submitted through the Services when we believe it violates these Terms, applicable law, school authorization, student privacy obligations, or the integrity of the Services.

True Progress may investigate suspected misuse, suspend or terminate access, preserve relevant information, and cooperate with schools, service providers, or legal authorities when appropriate.

True Progress has no obligation to monitor all content or activity and is not responsible for user-submitted content or for any delay or failure to remove content.

13. True Progress Content and Intellectual Property

The Services contain content, software, technology, assessments, reports, frameworks, text, graphics, designs, interfaces, images, videos, documents, guides, tools, trademarks, logos, trade names, and other materials owned by True Progress or its licensors (“True Progress Content”).

True Progress Content is protected by copyright, trademark, trade secret, patent, and other intellectual property laws.

You may view, download, or print True Progress Content only for authorized educational, professional, school, or personal reference use in connection with the Services.

You may not copy, modify, distribute, publish, display, perform, sell, create derivative works from, train models on, or otherwise exploit True Progress Content without written permission, except as expressly allowed by these Terms or by the Services.

All rights not expressly granted are reserved by True Progress.

14. School Content and Student Data

“School Content” means information, data, files, student information, student responses, student work, rosters, demographic information, records, or other materials provided by or on behalf of a school, educator, student, parent, or guardian through the Services.

As between the school and True Progress, the school retains its rights in School Content and student information.

You grant True Progress a limited right to use School Content only as needed to provide, operate, support, secure, maintain, improve, and develop the Services; comply with law; enforce these Terms; and carry out school-authorized educational purposes, as described in the Privacy Policy.

True Progress does not claim ownership of student education records. True Progress may use de-identified or aggregated information as described in the Privacy Policy.

15. Confidentiality

The Services may provide access to confidential information, including student information, school information, reports, assessment results, account information, non-public True Progress materials, business information, technical information, and other information not intended for public disclosure (“Confidential Information”).

You agree to protect Confidential Information and use it only for authorized educational, administrative, support, or professional purposes. You agree not to disclose Confidential Information to unauthorized persons, including competitors of True Progress or individuals who do not have a legitimate educational or operational need to access it.

Confidential Information does not include information that becomes public without breach of these Terms, was already known without confidentiality obligation, is received from a third party without breach of a confidentiality obligation, or is independently developed without use of Confidential Information.

16. Artificial Intelligence Features

Some True Progress features may use artificial intelligence or related technologies to help educators interpret information, identify patterns, generate explanations, or understand possible next steps.

AI-enabled features are designed to support educator judgment, not replace it.

You are responsible for reviewing AI-generated or AI-assisted outputs before relying on them or sharing them. Schools and educators remain responsible for educational decisions, communications with families, and actions taken based on information from the Services.

You may not use AI-enabled features to generate harmful, discriminatory, unlawful, misleading, or unauthorized content.

True Progress does not use student personal information to train third-party general-purpose AI models unless expressly authorized by the school and permitted by law.

17. Outputs, Reports, and Educational Judgment

The Services may provide assessments, reports, indicators, explanations, recommendations, AI-assisted outputs, or other tools to support educational judgment.

These outputs are provided to help educators understand student learning, recognize patterns, and plan next steps. They should be reviewed by qualified educators and used with professional judgment, school context, family context, student context, and other relevant information.

True Progress does not make educational placement, diagnosis, disciplinary, promotion, retention, admissions, accommodation, or high-stakes decisions for schools.

18. Professional Learning, Training, and Implementation Services

True Progress may provide professional development, coaching, workshops, implementation support, leadership sessions, training, or related services (“Professional Learning Services”).

Professional Learning Services must be scheduled within the applicable service period unless True Progress agrees otherwise in writing. Scheduling, rescheduling, cancellation, attendance limits, travel requirements, remote-session requirements, unused service expiration, and related details may be stated in a quote, invoice, proposal, scheduling communication, or other written communication from True Progress.

Schools may not record professional development, coaching, implementation sessions, or training sessions without prior written permission from True Progress.

Training materials, slides, guides, templates, recordings, and related materials are True Progress Content and may not be copied, shared externally, published, resold, or used outside the school without written permission.

19. Downloadable Materials and Resources

True Progress may provide guides, reports, webinars, templates, frameworks, articles, research summaries, and other downloadable or online resources.

These materials are provided for educational and professional learning purposes. You may use them internally within your school or organization unless the materials state otherwise.

You may not sell, repackage, publish, distribute externally, train models on, or create commercial derivative works from these materials without written permission from True Progress.

20. Feedback and Suggestions

If you provide ideas, suggestions, comments, or feedback about the Services, you grant True Progress the right to use that feedback without restriction or compensation to you.

True Progress will not publicly identify you or your school as the source of feedback without permission, except as permitted by law or agreement.

21. Third-Party Links and Tools

The Services may contain links to third-party websites, tools, forms, scheduling systems, video platforms, payment processors, analytics providers, integrations, or other services that are not owned or controlled by True Progress.

True Progress is not responsible for third-party websites, services, content, privacy practices, security practices, terms, or availability.

Your use of third-party services is governed by the terms and privacy policies of those third parties.

22. Customer Systems, Devices, and Connectivity

You are responsible for providing and maintaining devices, browsers, operating systems, internet access, bandwidth, networks, software, and other systems needed to access and use the Services.

True Progress is not responsible for failures, delays, interruptions, incompatibilities, or errors caused by your equipment, network, internet connection, browser settings, device settings, firewall settings, third-party systems, or other circumstances outside True Progress’s reasonable control.

23. Changes to the Services

True Progress may update, change, suspend, replace, or remove parts of the Services, website, content, tools, resources, reports, assessments, interfaces, or functionality at any time.

Content available through the Services may not always be complete, current, or error-free. We may update content from time to time, but we are not obligated to update every item unless required by law or agreement.

For paid Services, True Progress may update, improve, modify, or replace features, reports, assessments, interfaces, content, or functionality, provided that changes do not materially reduce the core functionality of the paid Services during the applicable subscription period.

The performance of maintenance, updates, or modifications may result in temporary unavailability of some or all Services.

24. Service Availability and Suspension

True Progress works to provide reliable Services, but we do not guarantee that the Services will be uninterrupted, error-free, secure, or available at all times.

True Progress may suspend access to some or all Services if we determine in good faith that access or use poses a security risk, may harm True Progress or others, is fraudulent or illegal, violates these Terms, depends on a suspended or unavailable third-party service, involves overdue payment, or is necessary to comply with law or protect student information.

True Progress will use reasonable efforts to restore access when the issue causing suspension is resolved.

25. Termination

True Progress may suspend or terminate access to the Services if you violate these Terms, fail to pay amounts owed, misuse the Services, compromise security, violate student privacy obligations, or use the Services in a way that may harm True Progress, a school, a student, another user, or the integrity of the Services.

A school may stop using the Services at any time, but stopping use does not cancel payment obligations or create a refund unless True Progress states otherwise in writing or a refund is required by law.

Upon expiration or termination, your right to access and use the applicable Services ends. You must stop using the Services and return or destroy True Progress Confidential Information if requested, except as needed for lawful recordkeeping.

Student data will be retained, returned, or deleted as described in the Privacy Policy and applicable school instructions or terms.

26. Copyright Complaints

If you believe that material available through the Services infringes your copyright, you may send a notice to:

Your notice should include identification of the copyrighted work, identification of the material you claim is infringing and where it is located, your contact information, a statement that you have a good-faith belief the use is not authorized, a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act for the owner, and your physical or electronic signature.

27. Disclaimers

THE SERVICES, TRUE PROGRESS CONTENT, TOOLS, REPORTS, OUTPUTS, RESOURCES, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY LAW, TRUE PROGRESS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

TRUE PROGRESS DOES NOT WARRANT THAT THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, OUTCOME, OR SUCCESS; THAT ERRORS WILL BE CORRECTED; OR THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

28. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRUE PROGRESS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF TRUE PROGRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, TRUE PROGRESS’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID TO TRUE PROGRESS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR $1,000 IF NO AMOUNTS WERE PAID.

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

29. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless True Progress and its officers, directors, employees, contractors, agents, service providers, licensors, successors, and assigns from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your violation of these Terms, your violation of law, your School Content, your violation of another person’s rights, or unauthorized access enabled by your failure to safeguard credentials.

30. True Progress Intellectual Property Indemnity

Subject to this section, True Progress will defend a school against a third-party claim alleging that the school’s authorized use of the paid Services infringes a U.S. copyright, trademark, or patent.

True Progress has no obligation for claims arising from School Content, unauthorized use, modification of the Services by anyone other than True Progress, combination with third-party products or services, use after True Progress provides a non-infringing alternative, or use outside the scope of these Terms.

If a claim is made or appears likely, True Progress may obtain a license, modify the Services, replace the Services, or terminate the affected Services and provide a pro rata refund of prepaid unused fees for the terminated portion.

This section states the school’s exclusive remedy for intellectual property infringement claims related to the Services.

31. Dispute Resolution

Before filing a claim, the party asserting the claim must provide written notice to the other party and allow 30 days for the parties to attempt in good faith to resolve the dispute. This does not prevent either party from seeking injunctive or equitable relief for misuse of intellectual property, confidentiality violations, security threats, or unauthorized access.

32. Limitation of Action

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after the claim accrues, unless a longer period is required by applicable law.

33. Governing Law and Venue

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict of law principles.

Any legal action arising out of or relating to these Terms or the Services shall be brought in the state or federal courts located in New Hampshire, unless applicable law requires otherwise. You consent to the jurisdiction and venue of those courts.

34. Notices

Legal notices to True Progress must be sent to:

Notices to a school or user may be sent to the email address, mailing address, account contact, billing contact, administrator contact, or other contact information associated with the school’s account, order, invoice, or use of the Services.

35. Export and Sanctions Compliance

The Services may be subject to U.S. export control and sanctions laws. You may not use the Services in violation of those laws or permit access by any person or entity prohibited by applicable law.

36. Anti-Corruption

Each party agrees to comply with applicable anti-bribery and anti-corruption laws. You represent that you have not received or been offered any unlawful bribe, kickback, payment, gift, or thing of value in connection with your use or purchase of the Services.

37. Force Majeure

Except for payment obligations, neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disruptions, pandemic, government action, power failure, internet failure, hosting failure, third-party service failure, or other events outside reasonable control.

38. Assignment

You may not assign or transfer these Terms without True Progress’s prior written consent.

True Progress may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer to an affiliate or successor.

39. Relationship of the Parties

The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and True Progress.

There are no third-party beneficiaries to these Terms unless expressly stated.

40. Waiver and Severability

No waiver of any term is effective unless in writing and signed by the party granting the waiver.

If any provision of these Terms is held invalid, illegal, or unenforceable, the provision will be limited or modified to the minimum extent necessary, and the remaining provisions will remain in effect.

41. Entire Agreement

These Terms, together with the Privacy Policy and any applicable quote, invoice, order, product, account, or posted service terms, constitute the entire agreement between you and True Progress regarding the Services and supersede prior or contemporaneous understandings on that subject.

42. Changes to These Terms

True Progress may update these Terms from time to time. When we make changes, we will update the “Last Updated” date above.

Changes apply going forward. Your continued use of the Services after updated Terms are posted means you accept the updated Terms.

43. Contact True Progress

For questions about these Terms, contact: