Terms of Service & EULA

1License Grant & Permitted Scope of Use

Subject to these Terms and timely payment of applicable subscription fees, BxOps Technologies LLC (d/b/a BehaviorOps) (“BehaviorOps,” “we,” “us,” or “our”) grants you a limited, non-exclusive, non-transferable, revocable license to access and use our software-as-a-service application and associated mobile applications strictly for internal clinical operations, patient scheduling, session documentation, electronic visit verification (EVV), and electronic medical billing.

You agree not to reverse engineer, decompile, resell, sub-license, scrape, or extract source code from the platform, nor use the services to develop a competing commercial offering.

2Clinical Discretion & Disclaimer of Medical Advice

All automated tools, clinical templates, milestone trackers, graphing tools, curriculum suggestions, AI narrative generators, and billing rule engines provided by BehaviorOps are operational aids. Licensed professionals (including Board Certified Behavior Analysts, licensed assistant behavior analysts, and clinical supervisors) retain independent clinical discretion, responsibility, and oversight for evaluating targets, approving session notes, diagnosing patients, and delivering care.

You and your clinicians bear sole professional responsibility for confirming the clinical accuracy and compliance of all treatment records and medical claims submitted through the platform.

3HIPAA & Business Associate Obligations

When you submit Protected Health Information (PHI) to BehaviorOps, the parties acknowledge that you act as a “Covered Entity” (or Business Associate thereof) and BehaviorOps acts as your “Business Associate” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act.

Our data processing, confidentiality, and technical safeguards regarding electronic Protected Health Information (ePHI) are governed by our statutory Business Associate Agreement (BAA), which is incorporated into and forms an integral part of these Terms.

4Apple App Store Additional Terms (Standard EULA Terms)

If you access or download our mobile application from the Apple App Store, the following terms apply in accordance with Apple Media Services Terms and Conditions:

• Acknowledgement:You and BehaviorOps acknowledge that these Terms are concluded between you and BehaviorOps only, and not with Apple Inc. (“Apple”). BehaviorOps, not Apple, is solely responsible for the Licensed Application and its content.
• Scope of License: The license granted to you for the iOS application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Maintenance & Support: BehaviorOps is solely responsible for providing any maintenance and support services with respect to the application. You and BehaviorOps acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services for the application.
• Warranty & Refunds: BehaviorOps is solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the iOS application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
• Product Claims: You and BehaviorOps acknowledge that BehaviorOps, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the application or your possession and/or use of that application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Rights:In the event of any third-party claim that the application or your possession and use of that application infringes that third party’s intellectual property rights, BehaviorOps, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Legal Compliance:You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary:You and BehaviorOps acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

5Subscription Billing, Renewals, & Payment

BehaviorOps is offered on a recurring subscription basis (monthly or annual billing). Clinic accounts are billed based on the active tier, active user count, or active client caseload as specified in your order form or pricing tier.

Subscriptions automatically renew at the conclusion of each billing cycle unless cancelled prior to the renewal date. Payments are processed securely via Stripe. All fees are exclusive of applicable taxes.

6Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall BehaviorOps, its directors, officers, employees, or infrastructure providers be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or clinical business interruption, whether based on warranty, contract, tort (including negligence), or any other legal theory.

In no event shall BehaviorOps’ aggregate liability arising out of or related to these Terms exceed the total amounts paid by you in the twelve (12) months preceding the event giving rise to the claim.

7Termination & Clinical Data Return

Either party may terminate these Terms upon thirty (30) days’ written notice for cause if the other party materially breaches any provision. Upon termination, BehaviorOps will provide the clinic with a reasonable opportunity (not less than thirty days) to export client clinical files, session records, and billing data in standardized formats (CSV/JSON/PDF) prior to permanent, secure de-identification or deletion in accordance with our BAA.

8Contact Information

If you have any questions or require legal or technical assistance regarding these Terms, please contact our Compliance and Legal Team: