Counselor Portal Terms

Version: 1.0-draft
Effective Date: 2026-06-01

LULL Counselor Portal Terms of Access FOR ATTORNEY REVIEW AND APPROVAL

These Counselor Portal Terms of Access ("Counselor Terms") govern the access and use of the Lull Counselor Portal by designated school counselors and administrators. By creating a Counselor or Administrator account, accessing the Counselor Portal, or reviewing any student alert or conversation content through the Portal, you agree to these Counselor Terms.

1. ELIGIBILITY FOR COUNSELOR ACCESS

Counselor Portal access is limited to:

• Licensed school counselors employed at a school that has executed a Lull School Licensing Agreement and Data Processing Agreement with Rhetoric Innovations LLC
• School administrators designated in writing by the School Administrator of record

Counselor Portal access may NOT be granted to: teachers without counselor designation; parents or guardians; third-party vendors or contractors not named in the DPA; or any person not employed by the School at the time of access.

2. WHAT YOU MAY ACCESS THROUGH THE COUNSELOR PORTAL

2.1 Counselor Alert List

You may access a list of Counselor Alerts generated for students at your School. The alert list shows anonymized student identifiers, alert tier, general concern categories, creation date, and alert status. Student names are not shown in the alert list view — only after accessing an individual alert detail are student names displayed.

2.2 Tier 1 Alert Details

Tier 1 (pattern-level) alerts provide: general concern categories identified across multiple sessions; the number of sessions in which the pattern was detected; and an escalation trajectory indicator. Tier 1 alerts do NOT provide access to individual session Conversation Content.

2.3 Tier 2 and Tier 3 Alert Details

Tier 2 and Tier 3 alerts provide access to individual student Conversation Content through the secure Counselor Portal. Specifically:

• Tier 2: The full Conversation Content of the specific session that triggered the alert
• Tier 3: The full Conversation Content of the triggering session plus the three most recent prior sessions

Access to Conversation Content is logged automatically. Each access event records: your identity, the student identifier, the alert accessed, the type of content accessed, and the timestamp. These logs are available to the School Administrator and to Provider upon request.

2.4 Student History

For students with an active Tier 2 or Tier 3 alert, you may access a summary of that student's pattern history including session count, concern category trends over time, and growth trajectory. Full Conversation Content from prior sessions is not accessible beyond what is included in the active alert.

2.5 School Summary Dashboard

School Administrators may access an aggregate school summary dashboard showing: active student count, pending alert counts by tier, sessions in the current period, and consent status summary. No individual student data is displayed on the summary dashboard.

2.6 Consent Management

School Administrators may access the consent status dashboard showing consent status for all enrolled students and may trigger reminder messages for pending consents.

3. WHAT YOU MAY NOT DO WITH COUNSELOR PORTAL ACCESS

• Sharing, exporting, downloading, printing, screenshotting, or otherwise reproducing student Conversation Content outside of the Counselor Portal for any purpose other than direct professional action on behalf of the student's wellbeing
• Sharing student Conversation Content with parents, guardians, other students, or any person not authorized under the DPA
• Using student Conversation Content for any purpose other than supporting the individual student's wellbeing and safety
• Discussing the specific content of a student's journal entries with the student in a manner that reveals the extent of your access or that may cause the student to feel surveilled
• Using Counselor Portal access for research, program evaluation, or any purpose other than direct student safety response without express written authorization from Provider
• Allowing any other person to use your Counselor Portal login credentials
• Accessing alerts for students not enrolled at your School

4. YOUR PROFESSIONAL OBLIGATIONS

4.1 Independent Professional Judgment

Lull's Counselor Alert system provides automated signals only. You are solely responsible for exercising your independent professional judgment regarding the appropriate response to any alert. Provider makes no representation that any alert requires a particular response or that the absence of an alert means a student is not in distress.

4.2 Mandated Reporter Obligations

Your receipt of a Counselor Alert does not modify, diminish, or satisfy your individual obligations as a mandated reporter under applicable state law. If the content of a Counselor Alert creates a reasonable suspicion of abuse, neglect, or other reportable condition, you remain individually obligated to make any required mandated report in accordance with applicable law.

4.3 Crisis Response

If you assess that a student is in immediate danger based on a Counselor Alert or any other information, you are responsible for taking appropriate immediate action including contacting the student, the student's family, emergency services, or other appropriate responders under your professional protocols and applicable law. Provider is not a crisis intervention service and is not responsible for the outcome of your crisis response decisions.

4.4 Student Relationship

When you reach out to a student following a Counselor Alert, you are strongly advised to do so in a manner that preserves the student's trust in the confidentiality of the journaling experience to the extent possible. Revealing to a student the specific content of their journal entry may undermine their willingness to use Lull candidly in the future. Consider framing outreach in terms of general concern rather than specific journal content where clinically appropriate.

5. DATA HANDLING OBLIGATIONS

By accessing the Counselor Portal, you agree to:

• Handle student Conversation Content with the same care and confidentiality obligations as other student education records under FERPA
• Not retain copies of student Conversation Content outside the systems approved by School under its FERPA data management policies
• Report any unauthorized access to the Counselor Portal or any breach of student Conversation Content to your School Administrator and to hello@lulljournal.app immediately upon discovery
• Comply with School's data retention and destruction policies with respect to any notes or documentation created based on Counselor Portal content

6. AUDIT AND MONITORING

All Counselor Portal activity is logged and auditable. Provider reserves the right to monitor Counselor Portal usage for security, compliance, and service integrity purposes. School Administrators may request audit logs of counselor portal access for their school at any time. Provider may review counselor portal activity in response to complaints, security incidents, or regulatory inquiries.

7. ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your Counselor Portal login credentials. You agree to: use a strong unique password; enable any multi-factor authentication offered; not share your login credentials with any other person; and notify hello@lulljournal.app immediately if you suspect unauthorized access to your account.

8. TERMINATION OF ACCESS

Counselor Portal access is tied to your employment or authorized role at School. If your employment or role changes such that you are no longer authorized to access student records, you must notify your School Administrator immediately and your School Administrator must notify Provider at hello@lulljournal.app. Provider may terminate Counselor Portal access at any time if you violate these Counselor Terms.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE COUNSELOR PORTAL SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). PROVIDER IS NOT LIABLE FOR YOUR PROFESSIONAL DECISIONS MADE IN RESPONSE TO COUNSELOR ALERTS, ANY HARM RESULTING FROM DELAYED OR ABSENT COUNSELOR RESPONSE, OR ANY THIRD-PARTY CLAIMS ARISING FROM YOUR USE OF THE COUNSELOR PORTAL.

10. GOVERNING LAW

These Counselor Terms are governed by the laws of the State of Missouri. Disputes shall be brought exclusively in the state or federal courts in Cape Girardeau County, Missouri.

11. CONTACT

Questions about Counselor Portal access: hello@lulljournal.app To report a security concern: hello@lulljournal.app Provider: Rhetoric Innovations LLC | lulljournal.app

FOR ATTORNEY REVIEW AND APPROVAL — NOT EFFECTIVE UNTIL COUNSEL APPROVES Rhetoric Innovations LLC | lulljournal.app | hello@lulljournal.app