Terms of Service

Effective Date: October 23, 2026
Last Updated: October 23, 2026

IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING BEHAVIOR PLAN PRO.

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between the legal operator of Behavior Plan Pro ("Behavior Plan Pro," "Company," "we," "our," or "us") and the individual, clinic, healthcare organization, or other business entity accessing or subscribing to the Behavior Plan Pro platform ("Customer," "Organization," "you," or "your").

Legal Operator: Behavior Plan Pro

Business Location: Georgia 31313, United States

Contact: contact@behaviorplanpro.com

Behavior Plan Pro provides a cloud-based software-as-a-service ("SaaS") platform designed to support applied behavior analysis ("ABA") professionals and healthcare organizations with clinical documentation, behavior intervention planning, assessments, staff collaboration, and related administrative workflows.

By creating an account, initiating a free trial, electronically accepting these Terms, or accessing the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you accept these Terms on behalf of an organization, you represent and warrant that you possess the authority to legally bind that organization.

These Terms incorporate by reference the following documents:

• Privacy Policy
• Refund and Cancellation Policy
• Business Associate Agreement ("BAA"), where applicable

In the event of a conflict involving the use, disclosure, safeguarding, return, or destruction of Protected Health Information ("PHI"), the executed BAA shall control to the extent necessary to comply with applicable law.

1. DESCRIPTION OF SERVICES

1.1 Platform Services

Behavior Plan Pro is a subscription-based clinical documentation and workflow management platform that may provide:

• Behavior intervention plan creation, editing, review, and approval.
• Clinical assessments and documentation tools.
• AI-assisted drafting and documentation support.
• Staff and role-based access management.
• Registered Behavior Technician ("RBT") implementation guides.
• Parent and caregiver training resources.
• Multi-location clinic administration.
• Clinical document sharing and collaboration.
• Other features made available under the Customer's subscription plan.

Features, usage limitations, storage capacity, staff seats, and location allowances may vary by subscription tier.

1.2 Service Modifications

Behavior Plan Pro reserves the right to improve, update, modify, or discontinue individual platform features.

We will provide reasonable advance notice of material changes that substantially reduce functionality included in an active paid subscription, except when immediate changes are necessary for security, legal compliance, or operational integrity.

1.3 No Guarantee of Clinical Outcomes

Behavior Plan Pro does not guarantee specific clinical, behavioral, educational, financial, or treatment outcomes.

The Service is intended to support professional workflows and does not independently deliver clinical treatment.

2. ACCOUNT REGISTRATION AND AUTHORIZED USERS

2.1 Account Eligibility

Customers must be legally capable of entering into binding agreements.

Organizations must designate an authorized account administrator responsible for managing their subscription and users.

2.2 Account Security

Each authorized user must maintain an individual account.

Users must:

• Protect account credentials.
• Use required multifactor authentication.
• Refrain from sharing usernames, passwords, or authentication codes.
• Access only information they are authorized to view.
• Promptly report suspected unauthorized access or compromised credentials.

Security concerns must be reported to contact@behaviorplanpro.com.

2.3 Organizational Responsibilities

The Customer is responsible for managing authorized users, assigning appropriate permissions, and promptly revoking access when employment, contractual relationships, or authorized responsibilities end.

The Customer is responsible for activities conducted through its accounts to the extent attributable to its users or failure to maintain reasonable account security, except where caused by Behavior Plan Pro's breach of its obligations.

2.4 Access Controls

Behavior Plan Pro may implement technical controls, session management, authentication requirements, and security restrictions designed to protect the Service and Customer Data.

3. HIPAA AND BUSINESS ASSOCIATE AGREEMENT

3.1 Protected Health Information

Behavior Plan Pro may create, receive, maintain, or transmit PHI on behalf of Customers subject to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as amended, and applicable implementing regulations.

Where Behavior Plan Pro acts as a business associate, the parties must execute a BAA before PHI is entered, uploaded, transmitted, or otherwise processed through the Service.

3.2 Business Associate Agreement

The BAA establishes the parties' respective obligations regarding:

• Permitted uses and disclosures of PHI.
• Administrative, physical, and technical safeguards.
• Security incidents and breach notification.
• Subcontractor responsibilities.
• Individual rights and required assistance.
• Return or destruction of PHI.
• Other applicable HIPAA requirements.

Acceptance of these Terms alone does not replace execution of the BAA.

3.3 Customer Compliance Responsibilities

The Customer is responsible for:

1. Obtaining required authorizations and consents.
2. Maintaining lawful authority to collect, use, and disclose client information.
3. Ensuring its workforce complies with applicable privacy and security requirements.
4. Establishing appropriate access permissions.
5. Maintaining clinical records according to applicable record-retention requirements.
6. Complying with applicable federal and state healthcare laws.

3.4 Company Responsibilities

Behavior Plan Pro will implement appropriate safeguards required by applicable law and its executed BAA.

The Company will fulfill its applicable security incident reporting, breach notification, subcontractor, and PHI handling obligations in accordance with the BAA and governing law.

3.5 Third-Party Service Providers

Behavior Plan Pro may engage cloud infrastructure, payment processing, security, technical support, and other service providers to operate the platform.

Where a subcontractor creates, receives, maintains, or transmits PHI on our behalf, Behavior Plan Pro will establish the contractual protections required by HIPAA.

4. ARTIFICIAL INTELLIGENCE AND AUTOMATED DOCUMENTATION

4.1 AI-Assisted Features

Certain features may use artificial intelligence, automated processing, or structured content generation to assist authorized users in preparing clinical documents.

Such features are intended solely as professional support tools.

4.2 Human Review Required

All AI-generated or AI-assisted content must be independently reviewed by a qualified and appropriately authorized clinician before clinical adoption, approval, distribution, or implementation.

AI-generated content may contain inaccuracies, omissions, unsupported recommendations, or inappropriate language.

The Customer must independently verify all clinically material information.

4.3 No Autonomous Clinical Decision-Making

Behavior Plan Pro does not independently:

• Diagnose individuals.
• Prescribe treatment.
• Establish medical necessity.
• Determine clinical eligibility.
• Replace functional behavior assessments.
• Authorize behavioral interventions.
• Approve treatment plans.
• Exercise independent clinical judgment.

Clinical decisions remain the responsibility of appropriately qualified professionals.

4.4 Responsibility for Generated Content

The Customer is responsible for determining whether generated content is accurate, clinically appropriate, individualized, ethical, and consistent with applicable professional standards.

Behavior Plan Pro does not warrant that generated content will be accurate, complete, or appropriate for any particular client.

4.5 AI Data Protection

Behavior Plan Pro will process Customer Data through AI-assisted features only as permitted by the applicable agreements, Privacy Policy, BAA, and law.

Behavior Plan Pro will not use identifiable Customer PHI to train general-purpose AI models without separate lawful authorization and any required contractual protections.

Any third-party AI service processing PHI must be appropriately authorized and subject to applicable HIPAA business associate requirements.

5. PROFESSIONAL AND CLINICAL RESPONSIBILITY

5.1 Independent Clinical Judgment

Behavior Plan Pro is a technology provider and does not operate as a healthcare provider through the Service.

The Customer and its qualified professionals retain responsibility for all clinical services, assessments, treatment plans, recommendations, and interventions.

5.2 Professional Standards

Customers must use the Service in accordance with applicable:

• Professional licensing requirements.
• Behavior Analyst Certification Board requirements, where applicable.
• Healthcare laws and regulations.
• Professional ethics standards.
• Clinical supervision requirements.
• Organizational policies.

5.3 Clinical Verification

Before implementation, clinicians must review and verify documentation, including assessment findings, operational definitions, intervention procedures, safety considerations, and individualized treatment recommendations.

5.4 Emergencies and High-Risk Situations

The Service is not an emergency response system, real-time patient monitoring service, or substitute for emergency medical or behavioral crisis procedures.

Customers must maintain independent procedures for emergencies, safety incidents, and continuity of care.

6. CAREGIVER AND PARENT ACCESS

6.1 Authorized Sharing

The Service may permit clinicians to provide parents, legal guardians, or authorized caregivers with access to selected training materials and information.

The Customer is responsible for determining whether a caregiver is legally authorized to receive particular information.

6.2 Access Restrictions

Caregiver access is limited to information expressly made available through the applicable permissions and sharing controls.

6.3 Customer Responsibilities

The Customer must verify caregiver authorization, manage access, and revoke permissions when authorization expires or is no longer appropriate.

6.4 Caregiver Accounts

Caregiver accounts do not count toward paid clinical staff seats unless otherwise disclosed in the applicable subscription terms.

7. SUBSCRIPTIONS, FREE TRIALS, AND PAYMENT

7.1 Subscription Plans

Behavior Plan Pro offers subscription plans with features, seat limits, and location allowances described on its pricing page or in an applicable written order.

7.2 Three-Day Free Trial

Eligible new Customers may receive a three-day free trial.

A valid payment method is required to initiate the trial.

Unless the Customer cancels before the trial expires, the subscription automatically converts to a paid subscription and the selected payment method will be charged the applicable subscription fee.

The checkout process will disclose the trial duration, first billing date, subscription price, renewal frequency, and cancellation method before the Customer authorizes payment.

7.3 Automatic Renewal

Paid subscriptions renew automatically on a monthly or annual basis according to the selected plan unless canceled before the next renewal date.

The Customer authorizes recurring charges in accordance with the pricing and renewal terms disclosed at checkout.

7.4 Payment Processing

Payments are processed through Stripe or another authorized payment processor.

Behavior Plan Pro does not intentionally store complete payment card numbers on its application servers.

Payment processing is also subject to the payment processor's applicable terms and privacy practices.

7.5 Additional Seats and Locations

Customers may purchase additional staff seats or locations where supported by their subscription.

Applicable charges will be disclosed before the Customer confirms the change.

7.6 Plan Changes

Upgrades, downgrades, seat changes, and location changes may result in prorated charges, credits, or changes effective at the next billing period, as disclosed when the change is requested.

Credits have no cash value unless otherwise required by law.

7.7 Taxes

Subscription fees exclude applicable taxes unless expressly stated otherwise.

7.8 Price Changes

Behavior Plan Pro will provide at least 30 days' advance notice of increases to recurring subscription prices.

Price changes will not apply retroactively to completed billing periods.

7.9 Failed Payments

If a payment fails, Behavior Plan Pro may attempt to collect payment again and provide notice to the account administrator.

Continued nonpayment may result in suspension of paid features or account access after reasonable notice.

Access restrictions will not eliminate applicable obligations regarding PHI protection, data return, or legal compliance.

8. CANCELLATION AND REFUND POLICY

8.1 Cancellation Rights

Customers may cancel subscriptions at any time through the Billing section of their account.

Customers may also request cancellation by emailing contact@behaviorplanpro.com, subject to reasonable verification of account authority.

8.2 Cancellation Effective Date

Cancellation ordinarily takes effect at the end of the current paid billing period.

Customers retain access to paid features until that date unless access is otherwise suspended or terminated in accordance with these Terms.

8.3 Refunds

Except as required by applicable law or expressly provided in a separate written agreement, subscription fees are nonrefundable.

Partial billing periods generally do not qualify for prorated refunds.

8.4 Trial Cancellation

Customers who cancel before their free trial expires will not be charged the initial subscription fee.

8.5 Data After Cancellation

Cancellation of billing does not automatically authorize indefinite retention of PHI or immediate deletion of clinical records.

Customer Data will be handled according to Section 11 and the applicable BAA.

Additional terms are available in the Refund and Cancellation Policy.

9. ACCEPTABLE USE

Customers and authorized users must not:

1. Use the Service for unlawful, fraudulent, or unauthorized purposes.
2. Access another Customer's information without authorization.
3. Share account credentials or circumvent security controls.
4. Introduce malware, malicious code, or harmful software.
5. Attempt unauthorized penetration testing, vulnerability exploitation, or disruption of the Service.
6. Reverse engineer or unlawfully reproduce proprietary software.
7. Resell, sublicense, or commercially redistribute the Service without written authorization.
8. Use the Service to violate privacy, intellectual property, or other legal rights.
9. Upload information without lawful authority.
10. Misrepresent AI-generated materials as independently verified clinical findings when they have not been reviewed.

Behavior Plan Pro may investigate suspected violations and take proportionate action, including restricting access or suspending accounts where reasonably necessary.

10. CUSTOMER DATA OWNERSHIP AND RIGHTS

10.1 Customer Ownership

As between the parties, the Customer retains all ownership rights it possesses in information, documents, clinical records, and other materials submitted to or maintained through the Service ("Customer Data").

10.2 Limited Processing Rights

The Customer grants Behavior Plan Pro a limited, nonexclusive right to host, store, process, transmit, display, and otherwise use Customer Data solely as reasonably necessary to provide the Service, fulfill contractual obligations, comply with law, and carry out activities permitted under the applicable BAA.

10.3 No Sale of Customer Data

Behavior Plan Pro will not sell Customer Data or PHI.

10.4 Confidentiality

Behavior Plan Pro will maintain appropriate confidentiality protections for nonpublic Customer Data and will not disclose such information except as permitted by contract or required by law.

10.5 Generated Documents

As between Behavior Plan Pro and the Customer, the Customer may use, reproduce, modify, and distribute documents generated through the Service for its lawful internal clinical and business purposes.

This permission does not transfer ownership of the underlying platform, proprietary software, or separately licensed template library.

Behavior Plan Pro does not guarantee exclusive ownership or copyright protection for AI-generated content.

11. DATA RETENTION, EXPORT, AND DELETION

11.1 Customer Responsibility

The Customer remains responsible for maintaining legally required clinical records and determining applicable retention obligations.

11.2 Data Export

Upon termination or authorized request, Behavior Plan Pro will provide a reasonable mechanism for the Customer to obtain available Customer Data in an appropriate export format, subject to applicable technical, security, legal, and BAA requirements.

11.3 Data Retention After Termination

Customer Data will not be retained indefinitely solely to encourage subscription reactivation.

Following termination, Behavior Plan Pro will return or destroy PHI as required by the BAA, unless retention is legally required or return or destruction is infeasible under applicable HIPAA requirements.

11.4 Deletion Procedures

Where deletion is required, Behavior Plan Pro will follow its documented deletion procedures, including applicable treatment of backups, archives, and subcontractor-held information.

11.5 Continued Protection

Any PHI retained after termination will remain subject to applicable privacy and security protections and restrictions on further use and disclosure.

11.6 Reactivation

Account reactivation may be available where data has been lawfully retained and remains available.

Behavior Plan Pro does not guarantee restoration of data that has already been deleted.

12. INTELLECTUAL PROPERTY

12.1 Company Ownership

Behavior Plan Pro retains all rights, title, and interest in its software, source code, user interface, designs, trademarks, proprietary templates, workflows, documentation, and other intellectual property.

12.2 Limited License

Subject to compliance with these Terms and payment of applicable fees, Behavior Plan Pro grants the Customer a limited, nonexclusive, nontransferable, nonsublicensable right to access and use the Service for its authorized internal business operations during the subscription term.

12.3 Restrictions

No provision transfers ownership of the platform or authorizes unauthorized copying, distribution, resale, or creation of competing derivative software.

12.4 Feedback

Customers may voluntarily submit suggestions or feedback.

Behavior Plan Pro may use nonconfidential feedback to improve its products without compensation, provided such use does not violate confidentiality, privacy, or intellectual property obligations.

13. SERVICE AVAILABILITY AND SECURITY

13.1 Availability

Behavior Plan Pro will use commercially reasonable efforts to maintain Service availability and operational security.

The Company does not guarantee uninterrupted or error-free operation.

13.2 Maintenance

Temporary interruptions may occur because of scheduled maintenance, updates, infrastructure failures, cybersecurity incidents, or events outside the Company's reasonable control.

13.3 Security Practices

Behavior Plan Pro will maintain safeguards consistent with applicable contractual and legal obligations.

The specific safeguards, incident response procedures, and HIPAA-related obligations are governed by applicable policies and the executed BAA.

13.4 Customer Continuity Planning

Customers are responsible for maintaining appropriate clinical continuity and contingency procedures in the event the Service becomes temporarily unavailable.

14. SUSPENSION AND TERMINATION

14.1 Customer Termination

The Customer may terminate its subscription through the cancellation procedures in Section 8.

14.2 Company Suspension

Behavior Plan Pro may suspend or restrict access where reasonably necessary because of:

• Material violations of these Terms.
• Unauthorized access or security threats.
• Fraudulent or unlawful activity.
• Material nonpayment.
• Legal or regulatory requirements.
• Conduct that creates a substantial risk to other users or the Service.

Where reasonably practicable, the Company will provide notice and an opportunity to remedy the issue.

14.3 Material Breach

Either party may terminate this Agreement for a material breach by the other party that remains uncured for 30 days after written notice, unless a shorter period or immediate termination is required by law, the BAA, or an urgent security concern.

14.4 Effect of Termination

Upon termination, the Customer's license to use the Service ends, subject to any authorized transition or data export access.

Accrued payment obligations remain due.

Applicable confidentiality, intellectual property, data protection, liability, dispute resolution, and other provisions intended by their nature to survive termination will remain effective.

15. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS OBLIGATIONS UNDER THESE TERMS OR THE BAA, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

BEHAVIOR PLAN PRO DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW.

BEHAVIOR PLAN PRO DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
• AI-GENERATED CONTENT WILL BE COMPLETE OR ACCURATE.
• THE SERVICE WILL PRODUCE PARTICULAR CLINICAL OUTCOMES.
• USE OF THE SERVICE ALONE WILL SATISFY EVERY CUSTOMER-SPECIFIC LEGAL, PROFESSIONAL, OR REGULATORY OBLIGATION.

NOTHING IN THIS SECTION DISCLAIMS AN EXPRESS CONTRACTUAL DUTY, A MANDATORY LEGAL OBLIGATION, OR A RESPONSIBILITY THAT CANNOT LAWFULLY BE EXCLUDED.

16. LIMITATION OF LIABILITY

16.1 Excluded Damages

To the maximum extent permitted by law, neither party shall be liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages arising from this Agreement, including lost profits or business opportunities, except to the extent such exclusions are prohibited by law or expressly excluded from this limitation below.

16.2 General Liability Cap

Except as provided in Section 16.3, each party's aggregate liability arising from or relating to these Terms shall not exceed the total subscription fees paid or payable by the Customer during the 12 months immediately preceding the event giving rise to the claim.

16.3 Exceptions

The limitations in this section shall not apply to:

• Fraud or willful misconduct.
• Amounts properly due for subscription services.
• Liabilities that cannot legally be limited.
• A party's indemnification obligations under Section 17, subject to applicable law.

Liability arising from privacy, security, or PHI-related obligations shall also be subject to the executed BAA and any expressly agreed liability provisions applicable to those obligations.

17. INDEMNIFICATION

17.1 Customer Indemnification

The Customer agrees to defend, indemnify, and hold harmless Behavior Plan Pro and its officers, employees, and authorized representatives from third-party claims, damages, liabilities, and reasonable legal expenses arising from:

1. Customer clinical services, treatment decisions, or professional negligence.
2. Customer's unlawful collection, disclosure, or submission of information.
3. Customer's material violation of applicable law.
4. Customer's material breach of these Terms.

This obligation applies only to the extent the claim is attributable to the Customer's conduct and does not require indemnification for the Company's own negligence, misconduct, or contractual breach.

17.2 Company Indemnification

Behavior Plan Pro agrees to defend and indemnify the Customer against third-party claims alleging that the Service, when used as authorized under these Terms, infringes a United States patent, copyright, or trademark.

This obligation does not apply to claims arising from unauthorized modifications, misuse, or combinations with products not supplied or authorized by Behavior Plan Pro where the claim would not otherwise have arisen.

17.3 Indemnification Procedures

The party seeking indemnification must provide reasonably prompt notice of the claim, permit the indemnifying party to control the defense, and provide reasonable cooperation.

No settlement may impose an admission of liability or material nonmonetary obligation on the indemnified party without its written consent.

18. DISPUTE RESOLUTION AND GOVERNING LAW

18.1 Governing Law

These Terms shall be governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

18.2 Informal Resolution

Before initiating litigation, the parties agree to attempt in good faith to resolve disputes through written notice and a 30-day negotiation period.

18.3 Jurisdiction and Venue

Subject to applicable law, disputes arising from these Terms shall be brought in a state or federal court of competent jurisdiction located in Georgia.

Each party consents to personal jurisdiction in those courts.

18.4 Equitable Relief

Either party may seek immediate injunctive or other equitable relief when reasonably necessary to prevent unauthorized disclosure of confidential information, misuse of intellectual property, or imminent harm.

19. CHANGES TO THESE TERMS

Behavior Plan Pro may update these Terms to reflect legal, operational, security, or product changes.

Material changes will be communicated to the Customer's designated administrator at least 30 days before their effective date, except when a shorter period is reasonably necessary to address urgent legal or security requirements.

The updated Terms will be posted with a revised effective date.

Continued use of the Service after the effective date constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Changes to an executed BAA will be governed by the amendment requirements of that agreement.

20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms, the applicable subscription order, incorporated policies, and executed BAA constitute the agreement between the parties concerning the Service, subject to any expressly agreed order of precedence.

20.2 Severability

If a provision is determined to be unenforceable, the remaining provisions will remain effective to the extent permitted by law.

20.3 Waiver

Failure to enforce a provision does not constitute a waiver of future enforcement.

20.4 Assignment

The Customer may not assign this Agreement without Behavior Plan Pro's prior written consent, which shall not be unreasonably withheld.

Behavior Plan Pro may assign this Agreement in connection with a merger, acquisition, corporate restructuring, or sale of substantially all relevant assets, subject to applicable law, confidentiality obligations, and BAA requirements.

20.5 Independent Contractors

The parties are independent contractors.

Nothing in these Terms creates a partnership, employment relationship, agency, or joint venture.

20.6 Force Majeure

Neither party shall be liable for delays or failures caused by events beyond its reasonable control, except for payment obligations and obligations that applicable law requires to continue.

20.7 Electronic Acceptance

The parties agree that electronic acceptance, electronic records, and electronic signatures may be used to establish and document their agreement to these Terms, to the extent permitted by law.

21. CONTACT INFORMATION

For legal notices, subscription questions, security concerns, or inquiries concerning these Terms, contact:

Behavior Plan Pro
Georgia 31313, United States
Email: contact@behaviorplanpro.com

We aim to acknowledge general business inquiries within one business day. Security incidents and privacy-related requests will be handled according to applicable legal and contractual requirements.