Termeni de Serviciu

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization (such as an ABA therapy clinic), you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2. Service Description

ABACare is a comprehensive practice management platform designed specifically for Applied Behavior Analysis (ABA) therapy providers. The Service includes:

• Treatment Library Management: A hierarchical curriculum organized from domains to individual targets
• Treatment Plan Creation: Tools to create and customize individualized treatment plans for patients
• Session Scheduling: Calendar-based scheduling with staff availability management
• Mobile Data Collection: iOS and Android applications for real-time session data collection
• Analytics & Reporting: Progress tracking, trend analysis, and outcome reporting
• Multi-Tenant Organization Management: Secure, isolated environments for each organization

The Service is intended for use by licensed ABA therapy providers, Board Certified Behavior Analysts (BCBAs), Registered Behavior Technicians (RBTs), and other authorized personnel within ABA therapy organizations.

3. Account Registration

3.1 Organization Registration

To use the Service, an Organization Owner must register an organization account. You must provide accurate, complete, and current information during registration and keep this information updated.

3.2 User Accounts

Organization Owners may invite users to join their organization with specific roles (BCBA, Aide/RBT, Parent). Each user must have their own account and may not share login credentials.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other security breach.

4. Subscription & Billing

4.1 Subscription Plans

ABACare offers various subscription plans, including a free tier with limited features and paid plans with expanded capabilities. Details of current plans and pricing are available on our website.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.

4.3 Plan Limits & Overages

Each plan includes limits on the number of BCBAs, Aides, patients, and storage. If you exceed these limits, you will be notified and may need to upgrade your plan or enable overage charges. We will never automatically charge for overages without your consent.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of the paid period.

5. User Responsibilities

5.1 Compliance with Laws

You are responsible for ensuring that your use of the Service complies with all applicable laws, regulations, and professional standards, including but not limited to:

• Health Insurance Portability and Accountability Act (HIPAA) and related regulations
• State licensing requirements for ABA therapy providers
• Professional ethical standards (e.g., BACB guidelines)
• Patient consent and authorization requirements

5.2 Data Accuracy

You are responsible for the accuracy and completeness of all data you enter into the Service, including patient information, treatment plans, and session data. ABACare is not responsible for clinical decisions made based on data entered by users.

5.3 Appropriate Use of Clinical Tools

The treatment library, goals, and targets provided through the Service are intended as resources and templates. Clinical professionals are responsible for ensuring that all treatment plans are appropriate for individual patients and meet professional standards of care.

6. Acceptable Use Policy

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Access or attempt to access accounts, systems, or data not belonging to you
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Transmit any viruses, malware, or other malicious code through the Service
• Attempt to reverse engineer, decompile, or disassemble any portion of the Service
• Use the Service to store or transmit content that infringes on intellectual property rights
• Resell, sublicense, or provide access to the Service to third parties without authorization
• Use automated systems or software to extract data from the Service (scraping)

7. Intellectual Property

7.1 ABACare Property

The Service, including its design, features, content, and underlying technology, is owned by ABACare and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

7.2 Your Content

You retain ownership of all data and content you upload to the Service ("Your Content"). By using the Service, you grant ABACare a limited license to process, store, and display Your Content solely as necessary to provide the Service to you.

7.3 Treatment Library

The ABACare Treatment Library content is proprietary to ABACare. While you may use and customize this content within the Service for your clinical practice, you may not extract, copy, or distribute the library content outside of the Service.

8. Data & Privacy

8.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2 Protected Health Information

ABACare is designed to support HIPAA compliance for covered entities. If you are a covered entity or business associate under HIPAA, you may request a Business Associate Agreement (BAA) from us. The handling of Protected Health Information (PHI) is subject to the terms of any applicable BAA.

8.3 Data Isolation

ABACare uses a multi-tenant architecture with strict data isolation between organizations. Each organization's data is logically separated and accessible only to authorized users within that organization.

9. Service Availability

9.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that may affect your use of the Service.

9.3 Support

Support availability varies by subscription plan. Details of support options are provided in your plan documentation.

10. Termination

10.1 Termination by You

You may terminate your account at any time by canceling your subscription and requesting account deletion through the Service or by contacting us.

10.2 Termination by ABACare

We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay applicable fees, or engage in conduct that we determine is harmful to other users, the Service, or ABACare.

10.3 Effect of Termination

Upon termination, your right to access the Service will cease immediately. You may request export of your data for a period of 30 days following termination, after which your data may be permanently deleted.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ABACare does not warrant that the Service will be uninterrupted, error-free, or secure. ABACare is not a healthcare provider and does not provide medical advice, diagnosis, or treatment. The Service is a practice management tool, and all clinical decisions remain the responsibility of licensed professionals.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABACARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

In no event shall ABACare's total liability exceed the amounts paid by you to ABACare during the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the competent courts located in Bucharest, Romania, and you consent to the exclusive jurisdiction of such courts.

For users within the European Union, nothing in these Terms shall affect your rights under applicable EU consumer protection laws, including the right to bring proceedings in the courts of your country of residence.

14. Contact Information

If you have any questions about these Terms, please contact us at: