ABA ENGINE, LLC

Terms of Service for ABA Engine

Effective Date: 1/1/2025

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 platform for ABA business owners, including tools for client intake, employee onboarding, scheduling, and automation of various tasks. Our platform also 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. During registration, you will 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 may be based on the subscription plan you select.

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 for the service are billed on a recurring basis, with a minimum commitment of six (6) months for all subscriptions.

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. Users sign a 6-month agreement, and 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. Onboarding support will be available as soon as you schedule it. Following your 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 to ensure you are set up for success.

6. User Responsibilities and Conduct

By accessing or using ABA Engine’s platform, you agree to the following responsibilities and obligations:

6.1 Accurate Information

You are responsible for providing accurate, current, and complete information when registering for and using the platform. This includes updating your business details, billing information, and any other data required to access the services. Failure to provide accurate information may result in the 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 but not limited to compliance with HIPAA (Health Insurance Portability and Accountability Act), data protection regulations, and any other relevant 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 of Service. You may not use ABA Engine’s platform for any unauthorized, illegal, or malicious activities, including but not limited to:

• Accessing, transmitting, or storing content that violates the rights of others, including intellectual property rights or privacy rights.

• Using the platform in any manner that could harm, disable, overburden, or impair the services or interfere with any other user’s ability to use the platform.

• Introducing viruses, malware, or other harmful software into the platform.

6.4 Account Security

You are responsible for maintaining the security and confidentiality of your account, username, and password. You agree to notify ABA Engine immediately of any unauthorized use or breach of security regarding your account.

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 on how to use the platform 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 that you and your team are adequately prepared to use the platform effectively.

6.6 Prohibited Content

You agree not to upload, submit, or transmit any content to the platform that is illegal, offensive, defamatory, obscene, harmful, threatening, or otherwise violates the rights of others. This includes:

• Content that incites or encourages hate speech, violence, or discrimination based on race, gender, sexual orientation, religion, or other protected categories.

• Content that is harmful or invasive of the privacy of others, including personal, confidential, or proprietary information without consent.

6.7 Data Usage and Responsibility

You are solely responsible for the data you input, upload, or share via ABA Engine, including the responsibility for ensuring that any data complies with applicable privacy laws. ABA Engine makes no claims regarding the accuracy or legality of the data you choose to store and share.

6.8 No Unauthorized Use of Software

You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of ABA Engine’s software. You also agree not to license, sublicense, distribute, or otherwise 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 to ensure the smooth and efficient use of the platform. This includes understanding the features and limitations of the platform and adhering to the terms related to its intended use.

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 agree that 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 any third-party claims related to the 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 and with a collaborative mindset, especially when working with the support team to resolve issues or address concerns. If you fail to respond to support team 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 more information about how we handle your data, please refer to our Privacy Policy.

7.1 Data Ownership and Retention

• User Data Ownership: All data uploaded by users to the ABA Engine platform belongs to the users. We do not sell or rent user information as specified in our Privacy Policy.

• Data Retention and Deletion: Upon account termination, we will delete all user data unless otherwise requested in writing with an agreement for continued storage payment. Should you require extended data retention, this must be arranged prior to account termination.

• Regulatory Compliance: As a healthcare SaaS provider, we maintain appropriate data security measures in compliance with HIPAA regulations.

7.2 Intellectual Property Rights

• User-Created Content: Any content created using the platform (forms, automations, templates, etc.) is owned by the user. Any data uploaded to the platform is owned by the user.

• Platform Limitations: While you own the content you create, the forms, automations, and templates are part of our platform and cannot be used separately from our platform.

7.3 Data Export

ABA Engine provides built-in export tools within the platform. All employee data, client information, session notes, completed forms, and session scheduling information can be exported by users.

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.

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

All users sign an initial 6-month contract. If you wish to cancel within this initial period, you may do so, but the remainder of the 6-month fees will become immediately due and payable.

9.2 After Initial Period

After the initial 6-month term, contracts typically transition to month-to-month service. Termination requires 30 days written notice sent to support@abaengine.com.

9.3 Termination Requests

All requests for account termination must be submitted in writing to support@abaengine.com.

10. Third-Party Integrations

ABA Engine offers integrations with third-party services to enhance platform functionality. By using these integrations, you agree to the following terms:

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.

• Therapy PM integration requires users to request a specific API key, which ABA Engine will use to establish the connection.

• 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 the third-party providers.

11. Dispute Resolution

In the event of any dispute, claim, or disagreement arising out of or relating to these Terms of Service or the services provided by ABA Engine, both parties agree to the following dispute resolution process:

11.1 Informal Resolution

Prior to initiating any formal proceedings, the parties agree to attempt to resolve any dispute through direct communication. If you have concerns or issues regarding the platform, you agree to contact ABA Engine’s customer support team at support@abaengine.com to address and attempt to resolve the matter informally. If ABA Engine does not receive a response to this communication within 30 days, the company may consider the matter resolved or proceed to formal dispute resolution, as outlined below.

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. ABA Engine reserves the right to resolve such disputes through customer support, without resorting to formal dispute resolution processes. 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 is not related to user error and 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 of mediation.

11.4 Arbitration

If the dispute remains unresolved after mediation, or if the other party fails to participate in mediation, the parties agree to resolve the dispute through binding arbitration, rather than through court proceedings. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) and will take place in Florida. Any arbitration decision shall be final and enforceable in a court of law. If the dispute is found to be related to user error, ABA Engine reserves the right to bypass mediation and proceed directly to arbitration, with the customer responsible for all associated costs.

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 together in good faith to resolve the dispute in a professional manner. If you fail to respond to our efforts to resolve the dispute, you agree not to make disparaging statements or reviews regarding ABA Engine until the matter is formally resolved.

11.6 Jurisdiction

Any legal action arising out of this Agreement shall be brought in the courts located in Florida, and you consent to the jurisdiction of such courts for any proceedings that cannot be resolved through mediation or arbitration.

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 liability under this Agreement is limited to the amount paid by the customer for the subscription during the one (1) month immediately prior to the event that caused the liability. In no event shall ABA Engine be liable for more than the total subscription fees actually paid by the customer in the 12 months preceding the event.

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, war, strikes, or any other event beyond ABA Engine’s reasonable control.

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 the changes 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
1 SE Ocean Blvd
Stuart, FL 34994
support@abaengine.com