Terms of Service

1. Agreement to Terms

By accessing or using the BehavioTech website ("Site") and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services. These Terms apply to all visitors, users, and others who access or use the Site.

2. Description of Services

BehavioTech provides Applied Behavior Analysis (ABA) therapy services for children and families. Our website offers information about our services, an online intake process, a parent portal for managing therapy-related information, and a staff portal for our clinical team.

3. HIPAA Compliance & Healthcare Regulations

By using our services and portals, you acknowledge and agree that:

• Any health information you submit through our Site (including the intake form, parent portal, and document uploads) constitutes Protected Health Information (PHI) and will be handled in accordance with HIPAA and our Notice of Privacy Practices.
• You consent to the electronic transmission and storage of PHI as described in our Privacy Policy.
• You understand that while we implement industry-standard security measures, no electronic transmission or storage method is 100% secure, and you accept the inherent risks of electronic communication.
• You will not share your portal login credentials with unauthorized individuals, as doing so may compromise the privacy and security of PHI.
• If you are a parent or legal guardian, you are authorized to access and manage your child's health information through our portals.

4. Consent to Treatment

Submission of an intake form or use of our portals does not constitute consent to treatment. Formal consent for ABA therapy services will be obtained separately through our clinical intake process, which includes:

• Informed consent for assessment and treatment.
• Acknowledgment of receipt of our Notice of Privacy Practices.
• Authorization for release of information (as applicable).
• Financial responsibility agreement.

5. Use of the Website

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable laws or regulations, including HIPAA.
• Attempt to gain unauthorized access to any part of the Site, other accounts, or computer systems.
• Interfere with or disrupt the Site or servers connected to the Site.
• Submit false, misleading, or fraudulent information through the intake form or portals.
• Use the Site to transmit any harmful or malicious content.
• Attempt to access, download, or copy another individual's PHI or personal information.
• Use automated tools (bots, scrapers) to access the Site or extract data.

6. Accounts and Portals

Access to certain features of our Site, including the Parent Portal and Staff Portal, requires an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

Security obligations: Because our portals contain PHI, you have a heightened responsibility to protect your login credentials. Do not share your password, use the same password across multiple sites, or access the portals from unsecured public computers. If you suspect unauthorized access to your account, contact us immediately at [email protected] or +1 (657) 678-9020.

7. Document Upload & PHI Handling

Our Site allows authorized users to upload documents through the intake form, parent portal, and staff portal. By uploading documents, you represent and warrant that:

• You are authorized to share the information contained in the uploaded documents.
• The documents do not contain malicious code, viruses, or harmful content.
• You understand that uploaded documents containing PHI will be stored in HIPAA-compliant encrypted storage and subject to our privacy and security policies.
• You accept the supported file formats (PDF, JPEG, PNG, DOC, DOCX) and size limits (25 MB per file).

We reserve the right to reject or remove uploaded files that violate these Terms, contain malicious content, or are not relevant to the provision of ABA therapy services.

8. Intake Process

Information submitted through our online intake form is used to evaluate eligibility for our services and begin the onboarding process. Submission of an intake form does not guarantee acceptance into our program. We reserve the right to accept or decline clients based on our clinical capacity, service area, and ability to meet the client's needs.

9. Insurance and Billing

While we assist with insurance verification and authorization, we cannot guarantee coverage or reimbursement by your insurance provider. You are ultimately responsible for understanding your insurance benefits and any out-of-pocket costs. We will make reasonable efforts to inform you of your financial obligations before services begin.

Insurance information submitted through our Site is PHI and is protected under HIPAA. We will use your insurance information only for the purposes of verifying benefits, obtaining authorizations, and submitting claims for services rendered.

10. Telehealth & Electronic Communications

If we provide telehealth services or communicate with you electronically (e.g., through the parent portal messaging system), you acknowledge that:

• Electronic communications carry inherent privacy risks despite encryption and security measures.
• You consent to the use of electronic communications for non-emergency, therapy-related matters.
• Electronic communications are not a substitute for in-person clinical care when clinically indicated.
• You should not use electronic communications for emergencies — call 911 for medical emergencies.

11. Intellectual Property

All content on this Site, including text, graphics, logos, images, and software, is the property of BehavioTech or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on this Site without our prior written consent.

12. Disclaimer of Warranties

The Site and services are provided on an "as is" and "as available" basis. BehavioTech makes no warranties, express or implied, regarding the Site's operation, accuracy, completeness, or reliability. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

13. Limitation of Liability

To the fullest extent permitted by law, BehavioTech shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or services. Our total liability for any claim arising from these Terms shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

Note: This limitation of liability does not apply to any liability that cannot be excluded or limited under applicable law, including liability for HIPAA violations resulting from our willful negligence.

14. Medical Disclaimer

The information provided on this Site is for general informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. This website is not intended for use in medical emergencies. If you are experiencing a medical emergency, call 911 immediately.

15. Privacy & HIPAA Rights

Your use of the Site is governed by our Privacy Policy and Notice of Privacy Practices. These documents describe how we collect, use, disclose, and protect your information, including your PHI. By using the Site, you acknowledge that you have been provided access to these documents.

You retain all rights granted to you under HIPAA, including the right to access, amend, and request restrictions on the use of your PHI. These Terms do not limit or waive any of your rights under HIPAA or applicable state law.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Orange County, California. To the extent that any dispute involves PHI or HIPAA-related matters, applicable federal law shall also apply.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Contact Us

If you have questions about these Terms of Service, please contact us:

• Email: [email protected]
• Phone: +1 (657) 678-9020
• Address: 2102 Business Center Drive, Suite 130, Irvine, CA 92612

For privacy-specific inquiries or to exercise your HIPAA rights, contact our Privacy Officer at [email protected].