Modali Ed System
Terms of Service (Terms of Use)
Welcome to Modali (ModaliEd), an evidence-based pedagogical diagnostic profiling and differentiated instruction platform operated by LiquidVisuals under the direction of Lead Architect Michael Amancio Avergonzado. These Terms govern access to and use of our diagnostic assessments, psychometric matrix algorithms, and classroom management tools.
1. Acceptance of Terms & Eligibility
By accessing, creating an account on, or administering the Modali Ed System (the "Service" or "Platform"), you ("User", "Educator", "Student", or "School District") agree to be bound by these Terms of Service, our Privacy Policy, and all applicable statutory educational regulations. If you do not agree, you must not access or use the Service.
School administrators, principals, and teachers who register accounts or onboard students certify they are authorized representatives of their educational institution and possess the requisite authority to permit student participation under FERPA, COPPA, and local privacy acts.
Students access the platform via school-issued join codes or under the supervision of educators or parents. For children under 13, schools act as agents for parents to provide educational consent in full compliance with COPPA (16 CFR Part 312).
2. Educational Scope & Non-Clinical Disclaimer
MODALI IS AN INSTRUCTIONAL DIFFERENTIATION & PEDAGOGICAL PROFILING PLATFORM. IT IS NOT A MEDICAL, NEURODEVELOPMENTAL, PSYCHIATRIC, OR CLINICAL DIAGNOSTIC INSTRUMENT.
- No Medical or Clinical Diagnosis: Scores, indices, radar profiles, and typologies generated by Modali do not constitute, and must not be interpreted as, diagnoses of ADHD, Autism Spectrum Disorder (ASD), Dyslexia, Sensory Processing Disorder (SPD), or any other clinical pathology classified in DSM-5 or ICD-11.
- Pedagogical Purpose: The platform is designed solely to support teachers, school teams, and learners in identifying learning preferences, cognitive pacing, and sensory sensitivities in order to implement Universal Design for Learning (UDL) strategies and tiered classroom accommodations.
- Professional Consultation: If a student exhibits profound developmental, cognitive, sensory, or psychological distress, formal assessments must be conducted by qualified medical professionals, clinical psychologists, speech-language pathologists, or licensed educational psychologists.
3. Description of Platform Services & Features
Modali provides educational institutions with a cloud-based suite of psychometric, diagnostic, and instructional differentiation tools, including:
Multilingual rating scale across 8 cognitive, academic, and sensory pillars (Oral Communication, Reading, Writing, Mathematics, Executive Function, Socio-Emotional, Motor/Sensory, and Learner Agency). Calibrated across 4 developmental grade bands (K–2, 3–6, 7–9, 10–12).
Automated generation of individual Student Profiles (Ontario Learning for All Appendix B format), 13-subscale radar graphs, and Tiered Intervention Index (TII) calculations.
Algorithmic aggregation of individual student profiles into Class Profile Matrices (Appendix A format), generating automated flexible student groupings and UDL instructional adjustments.
Integration of the Avergonzado Model, MTSS 6-step precision intervention tracking, and PLC (Professional Learning Community) / LAC collaboration trackers.
4. User Accounts, Roles & Security Obligations
Access to Modali is governed by strict Role-Based Access Control (RBAC). Users agree to uphold security standards commensurate with their assigned role:
Students may only access their personal diagnostic results and assigned class activities. Sharing accounts or attempting to view classmate profiles is strictly prohibited.
Teachers must ensure student rosters and diagnostic records are accessed only for authorized instructional planning and kept confidential in compliance with FERPA/DPA standards.
Administrators oversee institutional staff, maintain school-wide matrix confidentiality, and coordinate parental inquiries or data deletion requests.
Users are responsible for safeguarding their login credentials and Google Identity tokens. You agree to immediately notify LiquidVisuals of any suspected compromise or unauthorized access to your account.
5. Intellectual Property & Educational Data Ownership
The software, algorithms, source code, visual designs, 100-indicator assessment items, 8-Pillar architecture, 13 subscales, 324 Canonical Pipeline Typologies, MAA Adaptive Response Framework, Tiered Intervention Index (TII) formulas, and UDL accommodation catalogs are the exclusive intellectual property of LiquidVisuals and Michael Amancio Avergonzado.
Users receive a non-exclusive, non-transferable, revocable license strictly to utilize the platform for legitimate educational and instructional purposes.
Educational institutions, teachers, and students retain complete, exclusive ownership of all student names, enrollment rosters, diagnostic responses, and instructional intervention logs uploaded or entered into Modali.
Modali is granted only the limited license necessary to process, analyze, and display these records back to the authorized school and student. We claim zero ownership over student educational records.
6. Acceptable Use Policy (AUP)
Users agree not to misuse the Modali Ed System. Prohibited actions include, but are not limited to:
- No Reverse Engineering: Decompiling, reverse engineering, scraping, or disassembling any algorithm, scoring formula, or source code of Modali.
- No Automated Scraping: Using bots, spiders, or automated scripts to systematically harvest question items, typologies, or user rosters.
- No Security Breaches: Probing, scanning, or testing vulnerabilities, or attempting to bypass role permissions and authentication gates.
- No Commercial Exploitation: Reselling, sublicensing, or commercially redistributing Modali’s diagnostic items or UDL catalogs without written authorization.
7. Speech Synthesis & Accessibility Tools
Modali incorporates browser Web Audio and Neural Speech Synthesis to read assessment indicators aloud in multiple languages and regional accents. Users acknowledge:
The Text-to-Speech (TTS) feature generates synthetic spoken audio to make questions accessible to early learners, ELL/ESL students, and auditory learners. Modali does not record, capture, process, or transmit student voice or microphone audio.
8. Warranty Disclaimers & Limitation of Liability
The Modali Ed System is provided on an "as is" and "as available" basis. LiquidVisuals makes no representations or warranties of any kind, express or implied, regarding uptime, uninterrupted service, or that instructional strategies will guarantee specific standardized test outcomes.
To the maximum extent permitted by applicable law, in no event shall LiquidVisuals, its developers, or Lead Architect Michael Amancio Avergonzado be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the platform. In any event, LiquidVisuals’ aggregate liability shall be limited to the fees paid by the user or school district in the twelve (12) months preceding the claim.
9. Governing Law, Modifications & Legal Contact
These Terms shall be governed by and construed in accordance with applicable laws governing educational services agreements. We reserve the right to modify these Terms with reasonable advance notice of material updates posted on the site.