Terms of Use and Sale
Effective October 19, 2026
The short version
- Our resources are for educational use and support your professional judgment. They aren't legal or clinical advice.
- Your license is listed on your receipt: individual, team, school, or district.
- Share files only with people your license covers. Send everyone else the link.
- If something isn't right, email us within 30 days and we'll make it right. See our Refund Policy.
1. Agreement
These terms apply when you use this website or buy, download, or use a Function First resource. By doing so, you agree to them. “We” and “us” mean Function First, a trade name of Ovatio Tyrian LLC, a Wyoming limited liability company.
2. Educational use
Function First resources are educational tools for trained professionals and families. They support, but don't replace, professional judgment, individualized assessment, or your state's and district's procedures. They are not legal, medical, or clinical advice. Worked examples describe composite students, not real children.
Function First is an independent publisher. It isn't affiliated with, endorsed by, or acting on behalf of any school district, state agency, or government body.
3. Licenses
When you buy a resource, you receive a license to use it. You don't buy the copyright. Your license type is shown on your receipt or invoice.
| License | Who it covers |
|---|---|
| Individual | One teacher, case manager, or staff member, for all of their own students, in every school year |
| Team | Up to five named staff members in one school building |
| School | All staff in one school building |
| District | All staff in the buildings named on the quote or invoice |
| IEP Compliance Command Center | Caseload edition: one case manager's caseload. Building edition: one school building. |
You may
- Print and copy resources for the people your license covers.
- Save editable copies in your own or your organization's accounts.
- Adapt templates for your students and share finished, student-specific documents with your team and families.
You may not
- Share files or copy links with people your license doesn't cover, or post them on public websites or shared drives open to others.
- Sell, redistribute, or claim any resource as your own, or use it to create a competing product.
4. Purchases and payment
Prices are in U.S. dollars. Website purchases are processed by our checkout provider as merchant of record, and its payment terms also apply. Purchases on Teachers Pay Teachers, Etsy, or Amazon are subject to those platforms' terms, and the license terms here still describe how you may use the resource.
Schools and districts can request a quote and pay by purchase order. Invoices are due within the terms shown on the invoice, usually 30 days.
5. Digital delivery
Digital resources are delivered by download link or by a link to make your own copy of a Google file. Once you make a copy, it lives in your account and we can't see or access it. Please keep any student information in accounts and systems your district approves.
6. Pre-orders
Pre-order pages state a delivery date. You can cancel a pre-order for a full refund any time before delivery. If we can't deliver by the stated date, we'll tell you before that date and offer a full refund.
7. Printed products
Printed products are made to order by our print partner and shipped directly to you. We'll give an estimated shipping time at checkout. If an item arrives damaged or misprinted, contact us within 30 days for a replacement or refund.
8. Refunds
See our Refund Policy.
9. Intellectual property
All resources, text, designs, and the Function First name and logo belong to Ovatio Tyrian LLC and are protected by copyright and trademark law. These terms don't grant any rights beyond the license you purchased.
10. Feedback
If you send suggestions, we may use them to improve our resources, with no obligation to you. Thank you; they genuinely shape what we build.
11. Disclaimers
We work hard to keep our resources accurate and current, but laws, regulations, and district procedures vary and change. Resources and this website are provided “as is,” without warranties of any kind, to the fullest extent the law allows. You're responsible for how you use them with your students.
12. Limit of liability
To the fullest extent the law allows, Function First isn't liable for indirect, incidental, or consequential damages arising from use of the website or resources. Our total liability for any claim is limited to the amount you paid us for the resource in the 12 months before the claim.
13. Changes
We may update these terms. The version in effect when you buy a resource applies to that purchase. We'll update the date at the top when terms change.
14. Governing law
These terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules.