ABA ENGINE, LLC
Terms of Service for ABA Engine
Effective Date: January 1, 2025
Welcome to ABA Engine, a software platform designed to streamline operations for ABA (Applied Behavior Analysis) businesses. By using our platform, you agree to comply with and be bound by these Terms of Service (“Agreement”). Please read this Agreement carefully before using our services. If you do not agree to these terms, you may not access or use ABA Engine.
1. ACCEPTANCE OF TERMS
By signing up for, accessing, or using ABA Engine, you acknowledge and agree to the terms and conditions outlined in this Agreement, including any future updates or modifications. ABA Engine reserves the right to modify or update these terms at any time, with changes becoming effective once posted on our website. You are responsible for regularly reviewing these terms to stay informed of any changes.
2. SERVICES PROVIDED
ABA Engine offers a comprehensive practice management platform for ABA therapy providers, including tools for client intake, employee onboarding, scheduling, session notes, billing, and automation of various operational tasks. Our platform provides communication solutions that facilitate the management of ABA teams and client interactions within a HIPAA-compliant environment.
3. ACCOUNT REGISTRATION AND ACCESS
To access ABA Engine, you must register for an account and provide accurate, current, and complete information. You agree to maintain the confidentiality of your login credentials and are responsible for all activities that occur under your account.
3.1 Account Types
Your access to the platform will be based on the subscription plan specified in your signed agreement.
3.2 User Responsibilities
You are solely responsible for all activity on your account and agree to notify ABA Engine immediately of any unauthorized use of your account.
4. SUBSCRIPTION AND PAYMENT TERMS
ABA Engine operates on a subscription-based model. By subscribing to our service, you agree to the payment terms associated with the plan you select. Payments are billed on a recurring basis. Subscriptions are available in initial terms of six (6) months or twelve (12) months, as specified in your signed agreement.
4.1 Payment Processing
ABA Engine uses Stripe as our payment processor. When you provide your payment information, you acknowledge that your payment details will be stored and processed by Stripe in accordance with their privacy policy and terms of service.
4.2 Billing
Payments will be automatically charged to your provided payment method at the start of each billing cycle through Stripe’s secure payment system.
4.3 No Refunds Policy
ABA Engine does not offer refunds as part of our standard policy. All subscription fees are non-refundable, and cancellations do not result in any refund for the remainder of the billing period. Any exceptional refund consideration will be determined on a case-by-case basis at the sole discretion of ABA Engine.
4.4 Late Payments
If your payment is not received by the due date, ABA Engine reserves the right to suspend access to the platform until payment is made in full. Multiple failed payment attempts may result in additional processing fees from Stripe.
5. ONBOARDING AND SUPPORT
After signing up, you will receive access to the platform immediately upon payment confirmation. Onboarding support will be available upon scheduling. Following sign-up, you will receive a calendar link to select a convenient time for a session with our onboarding specialist. This session will guide you through the setup process. Please refer to our Fulfillment Policy at https://abaengine.com/fulfillment-policy/ for full details on service delivery and onboarding commitments.
6. USER RESPONSIBILITIES AND CONDUCT
6.1 Accurate Information
You are responsible for providing accurate, current, and complete information when registering for and using the platform, including updating business details, billing information, and any other required data. Failure to provide accurate information may result in suspension or termination of your account.
6.2 Compliance with Laws
You agree to comply with all applicable local, state, and federal laws and regulations while using ABA Engine’s services, including HIPAA, data protection regulations, and any other laws governing the collection, use, and sharing of personal and sensitive information.
6.3 Authorized Use Only
You are granted access to ABA Engine’s platform solely for the legitimate purpose of using the services in accordance with these Terms. You may not use the platform for any unauthorized, illegal, or malicious activities, including:
6.4 Account Security
You are responsible for maintaining the security and confidentiality of your account, username, and password. Credentials may not be shared with third parties. You agree to notify ABA Engine immediately of any unauthorized use or security breach.
6.5 Onboarding and Training Engagement
As part of your subscription, you are responsible for fully engaging in the onboarding and training process provided by ABA Engine. Failure to complete the onboarding process or properly train your team will not be grounds for complaints or disputes. ABA Engine provides the necessary tools, training materials, and support, but it is your responsibility to ensure your team is adequately prepared to use the platform.
6.6 Prohibited Content
You agree not to upload, submit, or transmit any content that is illegal, offensive, defamatory, obscene, harmful, threatening, or otherwise violates the rights of others.
6.7 Data Usage and Responsibility
You are solely responsible for the data you input, upload, or share via ABA Engine, including ensuring compliance with applicable privacy laws. ABA Engine makes no claims regarding the accuracy or legality of data you choose to store and share.
6.8 No Unauthorized Use of Software
You agree not to reverse engineer, decompile, disassemble, or attempt to derive the source code of ABA Engine’s software. You also agree not to license, sublicense, distribute, or make available any of ABA Engine’s intellectual property to any third party without prior written consent.
6.9 Compliance with ABA Engine’s Policies
You agree to follow all policies, guidelines, and procedures established by ABA Engine, including these Terms of Service, the Privacy Policy (https://abaengine.com/privacy_policy/), and the Fulfillment Policy (https://abaengine.com/fulfillment-policy/).
6.10 Indemnification
You agree to indemnify, defend, and hold harmless ABA Engine, its affiliates, officers, employees, and agents from any claims, losses, or damages (including legal fees) arising out of your breach of these responsibilities or any unlawful use of the platform.
6.11 Liability for User Content
You are fully responsible for any content, data, or materials you upload or transmit through ABA Engine. ABA Engine shall not be liable for any loss, damage, or issue arising from such content, including third-party claims related to content you submit.
6.12 Termination of Account
ABA Engine reserves the right to suspend or terminate your access to the platform if you violate any of these responsibilities or conduct guidelines. Termination may occur with or without prior notice depending on the severity of the breach, and no refunds will be provided for any remaining subscription term if your account is terminated due to misconduct.
6.13 Good Faith Engagement
You agree to engage with ABA Engine in good faith, especially when working with the support team to resolve issues. If you fail to respond to support requests, refuse to follow the support process, or engage in unprofessional behavior, ABA Engine reserves the right to terminate or limit access to the platform.
7. PRIVACY AND DATA SECURITY
We are committed to protecting your privacy and the security of your data. ABA Engine complies with HIPAA standards to ensure the confidentiality and security of client and employee data. For full details on how we handle your data, please refer to our Privacy Policy at https://abaengine.com/privacy_policy/.
7.1 Data Ownership and Retention
7.2 Intellectual Property Rights
7.3 Data Export
ABA Engine provides built-in export tools within the platform. The following data types are available for bulk export: employee records, client information, session notes, and session scheduling data. Please note that individual client and employee forms must be downloaded one by one and are not available for bulk export. It is the customer’s sole responsibility to export all required data prior to the expiration or termination of their active subscription period.
8. SERVICE LEVEL AND SUPPORT
8.1 Service Response Time
ABA Engine will strive to address service issues within 24 hours, though we reserve flexibility to resolve certain issues within up to 7 days depending on complexity. ABA Engine does not guarantee specific uptime percentages but uses commercially reasonable efforts to maintain platform availability. Planned maintenance windows will be communicated in advance where practicable.
8.2 User Feedback
Users can provide feedback on the platform via the in-app chat functionality. We encourage users to share their experiences, suggestions, and concerns to help us improve our services.
9. ACCOUNT TERMINATION PROCESS
9.1 Initial Contract Period
Users sign an initial term of either six (6) months or twelve (12) months, as specified in their signed agreement. If you wish to cancel within the initial term, you may do so, but the remainder of the initial term fees will become immediately due and payable.
9.2 After Initial Period
After the initial term, agreements automatically transition to month-to-month service. Cancellation requires thirty (30) days’ written notice sent to support@abaengine.com. Any fees that fall due during the thirty (30) day notice period remain payable in full. Platform access will continue through the end of the period covered by the last monthly payment made.
9.3 Termination Requests
All requests for account termination must be submitted in writing to support@abaengine.com.
10. THIRD-PARTY INTEGRATIONS
10.1 Practice Management Platforms
We currently integrate with Therapy PM and Central Reach. Users interested in these integrations should note that Central Reach integration requires users to purchase an API package directly from Central Reach, and Therapy PM integration requires a specific API key. Users wishing to implement either integration should contact ABA Engine support to initiate the process.
10.2 Standard Services
We also provide self-service integrations with standard mail services that users can configure independently within the platform.
10.3 Third-Party Terms
When using third-party integrations, you may be subject to the terms and conditions of those third-party services. ABA Engine is not responsible for the practices, policies, or content of these third-party services.
10.4 Integration Support
While we strive to maintain operational third-party integrations, ABA Engine cannot guarantee continuous functionality of these integrations as they may be affected by changes made by third-party providers.
11. DISPUTE RESOLUTION
11.1 Informal Resolution
Prior to initiating any formal proceedings, the parties agree to attempt to resolve any dispute through direct communication with ABA Engine’s customer support team at support@abaengine.com. If ABA Engine does not receive a response within 30 days, the company may consider the matter resolved or proceed to formal dispute resolution.
11.2 User Error Exclusion
If the dispute arises from user error or failure to follow ABA Engine’s onboarding process, training materials, or usage instructions, such issues shall not be considered legitimate grounds for mediation or arbitration. In such cases, the customer agrees to fully engage with ABA Engine’s support team to address any user-related issues.
11.3 Mediation
If the dispute cannot be resolved informally, the parties agree to participate in mediation using a neutral third-party mediator. The cost of mediation will be shared equally between both parties unless the dispute is found to be related to user error, in which case the customer will bear the full cost.
11.4 Arbitration
If the dispute remains unresolved after mediation, the parties agree to resolve it through binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English in the State of Florida. Any arbitration decision shall be final and enforceable in a court of law.
11.5 Non-Disparagement
During the dispute resolution process, you agree to refrain from making any false, misleading, or defamatory statements about ABA Engine, its services, employees, or affiliates, either publicly or privately. Both parties will work in good faith to resolve disputes professionally.
11.6 Jurisdiction
Any legal action that cannot be resolved through mediation or arbitration shall be brought in the courts located in the State of Florida, and you consent to the jurisdiction of such courts.
12. LIMITATION OF LIABILITY
ABA Engine is not liable for any indirect, incidental, special, punitive, or consequential damages arising from the use of the platform, including but not limited to loss of revenue, data, or profits, or any other loss or damage resulting from the use or inability to use the platform.
Our total aggregate liability under this Agreement is limited to the total subscription fees actually paid by the customer in the twelve (12) months preceding the event giving rise to the claim. In no event shall ABA Engine’s liability exceed that amount.
13. FORCE MAJEURE
ABA Engine shall not be liable for any failure or delay in performance of its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, government action, internet or telecommunications outages, or failure of third-party infrastructure providers. The affected party will notify the other as soon as practicable and will use commercially reasonable efforts to resume performance.
14. CHANGES TO TERMS OF SERVICE
ABA Engine reserves the right to modify these Terms of Service at any time. Any changes will be posted on our website and will become effective immediately upon posting. We encourage you to review this Agreement periodically to stay informed about any updates.
15. CONTACT INFORMATION
For any questions or concerns about these Terms of Service, please contact us at:
ABA Engine, LLC
1 SE Ocean Blvd, Stuart, FL 34994
support@abaengine.com
(772) 202-0659
Privacy Policy: https://abaengine.com/privacy_policy/
Terms of Service: https://abaengine.com/terms_of_service/
Fulfillment Policy: https://abaengine.com/fulfillment-policy/
16. SMS MESSAGING TERMS
By providing your mobile number and opting in to receive SMS messages from ABA Engine, you agree to receive text messages related to:
Message frequency may vary. Message and data rates may apply based on your mobile carrier plan. You can opt out at any time by replying STOP, and get support by replying HELP or contacting us at support@abaengine.com.
