1. The Service
ABA AuditShield provides software-as-a-service tools that help ABA agencies review, score, and correct clinical documentation. Eligibility to use the Service requires being at least 18 and authorized by your agency.
2. Accounts and security
You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at security@abaauditshield.com if you suspect unauthorized access.
3. HIPAA and Business Associate Agreement
If you will upload, paste, or otherwise transmit Protected Health Information (PHI) through the Service, you must first execute a Business Associate Agreement (BAA) with us. The BAA controls over these Terms with respect to PHI. You may not transmit PHI through the Service before a BAA is in effect.
4. Acceptable use
- No use that violates law or another party's rights.
- No reverse engineering, scraping, or unauthorized access attempts.
- No uploading malware or content that infringes intellectual property rights.
- No use of the Service to provide a competing product.
5. Subscription, fees, and taxes
Fees, billing frequency, and any free trial terms are described at sign-up or in your order form. Fees are non-refundable except as required by law. You are responsible for applicable taxes.
6. Termination
Either party may terminate for material breach with 30 days' written notice and opportunity to cure. We may suspend immediately for security risk or violation of §4. Upon termination, your right to use the Service ends and we will delete or return data per the BAA.
7. Disclaimer of clinical advice
The Service is a decision-support tool. It does not provide medical advice and is not a substitute for the clinical judgment of a qualified provider. You are responsible for all clinical decisions you make using the Service.
8. Warranty disclaimer
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of liability
OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
10. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Disputes will be resolved exclusively in the state and federal courts located in Delaware.