1. Acceptance of These Terms
These Terms of Service govern your access to and use of the website located at acutebehavior.mom and the services offered by Acute Behavior Academy LLC. By visiting the website, submitting an enquiry, enrolling in a training programme or entering into a service engagement with us, you agree to be bound by these Terms. If you do not agree, please do not use the website or our services.
Where a signed service agreement, statement of work or order form exists between you and Acute Behavior Academy LLC, that document governs the specific engagement and these Terms apply as a supplement. If there is a direct conflict, the signed engagement document controls for that engagement.
You confirm that you have the legal capacity to accept these Terms, or that you accept them on behalf of an organisation that has authorised you to do so. If you accept on behalf of an organisation, the words you and your refer to that organisation.
2. Definitions
In these Terms, the Company, we, us and our refer to Acute Behavior Academy LLC, located at 191 E 200 N, Providence - 84332-9607, United States (US). The website means the public site at acutebehavior.mom and every page served from it. Services means the training, integration, software, analytics, support and related professional services we provide. Client means a person or organisation that engages us for services. Trainee means an individual participating in a training programme. Deliverable means any software, document, configuration, report or other output we furnish under an engagement.
Content means text, images, code, structure, design and other material made available through the website or a deliverable. Personal information has the meaning given in our Privacy Policy. Business day means a day other than a Saturday, Sunday or public holiday at our place of business.
3. Eligibility and Authority
The website is intended for professional and adult audiences. By using it you confirm that you are at least the age of majority in your jurisdiction or that you are using it under the supervision of a person who is. You also confirm that you will not use the website or services for any unlawful purpose or in any manner that could damage, disable or impair them.
Where you act for an organisation, you confirm that you have authority to bind that organisation to these Terms and to any engagement documents you sign. Where a trainee enrols in a programme, the trainee and the sponsoring organisation each confirm that the information provided at enrolment is accurate.
4. Permitted Use of the Website
We grant you a limited, revocable, non exclusive licence to access and use the website for legitimate purposes connected to evaluating or engaging our services. You may view, download and print pages for your own internal use, provided you keep all proprietary notices intact and do not modify the content.
You may not resell, sublicense, mirror, frame or systematically extract content from the website without our prior written consent. You may not use automated tools to harvest contact details or other information, and you may not probe, scan or test the vulnerability of the site except with our express authorisation in a controlled engagement.
We reserve the right to withdraw or amend the website, and any service or material we provide on it, without notice. We will not be liable if for any reason the website is unavailable at any time or for any period, although we will make reasonable efforts to keep it operational.
5. Prohibited Conduct
When using the website or our services, you agree not to do any of the following. You will not violate any applicable law or regulation. You will not infringe the rights of any person, including intellectual property and privacy rights. You will not upload or transmit malicious code, or attempt to gain unauthorised access to any system or network. You will not interfere with the proper working of the website or impose an unreasonable load on our infrastructure.
You will not misrepresent your identity or affiliation, and you will not use the website to send unsolicited commercial messages. You will not copy, adapt or reverse engineer any software deliverable except as expressly permitted by the applicable engagement or by law. You will not use information gained through an engagement to compete unfairly with us or to disclose confidential information belonging to a client.
If we believe that conduct has breached this section, we may suspend or terminate access and, where appropriate, report the matter to the relevant authorities.
6. Description of Services
Acute Behavior Academy LLC provides behavior technician training and computer integrated systems design services. Our service lines include Behavior Technician Training, Systems Integration Delivery, Data Collection Platforms, Custom Software Builds, Progress Analytics Dashboards and Managed IT Support. The website describes these services for general information and does not constitute a binding offer.
Descriptions on the website are intended to help prospective clients understand what we do and how we work. The precise scope for any engagement is established in a written proposal, statement of work or order form that both parties sign. We may decline an engagement, and we may discontinue a service line with reasonable notice to affected clients.
7. Service Engagements and Scopes
Every engagement begins with a documented scope that describes objectives, activities, assumptions, dependencies, delivery milestones and acceptance criteria. We work in reviewable increments and we ask clients to designate a single point of contact with authority to approve deliverables. Changes to a scope are handled through a written change note that records the effect on timeline, effort and fees.
Where a project depends on client resources, access or decisions, timelines are adjusted accordingly and we will raise a delay in writing as soon as we become aware of it. Acceptance criteria are agreed before development begins, so that sign off can be judged against a standard rather than an impression. If a client does not respond to a request for approval within a reasonable period, we may pause the affected work and resume it when guidance is available.
8. Fees, Invoicing and Payment
Fees for services are set out in the applicable engagement document. Unless stated otherwise, fees are exclusive of taxes, travel and third party costs, which are billed at cost with reasonable evidence. Invoices are issued according to the schedule in the engagement document, and payment is due within the period stated on the invoice.
Late payment may attract interest at the rate permitted by law, and we may suspend work on an overdue account after giving written notice. Where an engagement is terminated for convenience, the client remains responsible for fees for work performed and authorised commitments incurred up to the effective date of termination. Deposits are non refundable except where these Terms or applicable law require otherwise.
9. Training Programmes and Assessment
Training is delivered in cohorts and combines instruction with supervised rehearsal. Participation requires punctuality, professional conduct and completion of assigned practice. Assessment is continuous, and a trainee must meet the agreed fidelity and knowledge standards to complete a programme. A successful trainee receives a training record that describes the competencies assessed and the date of completion.
A training record confirms the assessment we performed; it is not a licence to practise and does not replace any certification, registration or supervision that law or a professional body requires. We may remove a participant from a programme for conduct that endangers others or materially disrupts learning, and fees for delivered instruction remain payable.
10. Software Deliverables and Handover
Where an engagement includes software, we deliver in increments and provide the agreed handover materials. These generally include source code or binaries as specified, a written description of how the software works, a test record and a maintenance note. Unless the engagement says otherwise, a deliverable is accepted when it meets the acceptance criteria in the scope and the client confirms acceptance or does not raise a defect within the agreed review period.
We correct defects that fall within the agreed scope at no additional charge during the warranty period stated in the engagement. Enhancements, integrations with new systems and work required because a third party changed an interface are handled as new work under a change note. We are not responsible for modifications made by others after handover, and we may decline to support a version that has been altered outside our control.
11. Client Responsibilities
A client engaging us agrees to provide timely access to the people, systems, accounts and information we reasonably need. The client is responsible for the accuracy of information it supplies, for maintaining its own legal basis for processing personal information and for obtaining any consents that apply to the individuals whose records are placed in the systems we build or support.
The client is also responsible for maintaining adequate backups where the engagement does not expressly include backup management, for applying updates we recommend and for ensuring that its staff use the systems as intended. Where a client instructs us to take an action that would cause a breach of law or of a third party agreement, we may decline and will explain the reason in writing.
12. Intellectual Property
The website and all content on it are owned by Acute Behavior Academy LLC or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers ownership of the website or its content to you. Our name, logo and service names may not be used without prior written permission.
For custom software builds, ownership of the bespoke deliverable passes to the client on full payment, except for pre existing materials, third party components and generic tools that we developed independently of the engagement. We retain ownership of those background items and grant the client a perpetual licence to use them as embedded in the deliverable. We also retain the right to reuse general knowledge, skills and techniques gained during an engagement, provided we do not disclose confidential information or personal information.
13. Data, Records and Privacy
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms by reference. Where we process personal information on behalf of a client, we do so under written instruction, we apply the security measures described in the engagement documents and we return or delete the information at the end of the engagement as the client directs.
Each party is responsible for complying with the data protection law that applies to it. Where a client transfers information to us, the client confirms that it has the right to do so and that it has provided any notice or obtained any consent that law requires. We will notify the client without undue delay if we become aware of an incident affecting information we process on the client behalf.
14. Confidentiality
Each party may receive information that the other treats as confidential. The receiving party will use that information only for the purposes of the engagement, will protect it with at least the care it uses for its own confidential information and will not disclose it except to personnel and providers who need it and who are bound by confidentiality obligations.
Confidential information does not include information that is or becomes public without breach, that the receiving party already lawfully held, that is independently developed without use of the disclosed information, or that is required to be disclosed by law. Where disclosure is required, the receiving party will give prompt notice where lawful and will limit the disclosure to what is required.
15. Warranties and Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner by suitably qualified personnel, and that our deliverables will materially conform to the agreed scope for the agreed warranty period. Our sole obligation for a breach of these warranties is to re perform the affected service or repair the affected deliverable within a reasonable time.
Except for the warranties stated above, the website and services are provided on an as available basis, and we disclaim all other warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non infringement, to the fullest extent permitted by law. We do not warrant that the website will be uninterrupted or error free, or that any content is complete or current.
16. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or business interruption, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to an engagement will not exceed the total fees paid by the client for that engagement during the twelve months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, wilful misconduct or death or personal injury caused by negligence. These limits apply regardless of the legal theory on which a claim is based, whether contract, tort, statute or otherwise.
17. Indemnification
You agree to indemnify and hold harmless Acute Behavior Academy LLC, its members, officers, employees and contractors from claims, losses, liabilities and reasonable expenses arising from your breach of these Terms, your misuse of the website or services, or content or information you supply that infringes the rights of another person.
We agree to indemnify and hold harmless a client from third party claims that a bespoke deliverable, as supplied by us and used as intended, infringes a United States intellectual property right, provided the client promptly notifies us and allows us to control the defence. This indemnity does not apply where the claim arises from client materials, modifications by others or use outside the agreed scope.
18. Term, Suspension and Termination
These Terms apply while you use the website and for as long as an engagement remains active. Either party may terminate an engagement for convenience with the notice stated in the engagement document, and either party may terminate immediately for a material breach that is not cured within a reasonable cure period after written notice.
We may suspend access to a system we host if we reasonably believe that continued access poses a security risk, infringes the rights of another person or breaches law, and we will restore access as soon as the issue is resolved. On termination, the client pays for work performed, we provide the handover materials described in the engagement and each party returns or destroys the other confidential information as instructed.
19. Third Party Materials and Links
Deliverables may include third party components, each governed by its own licence terms. We identify material third party components in the handover documentation and, where required, pass through the applicable licence notices. The client is responsible for complying with those licences after handover.
The website may contain links to third party sites. Those links are provided for convenience only. We do not control and are not responsible for the content, privacy practices or availability of any third party site, and a link does not imply endorsement.
20. Governing Law and Disputes
These Terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute arising out of or relating to these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Before commencing formal proceedings, the parties agree to attempt in good faith to resolve a dispute through direct discussion between senior representatives. If discussion does not resolve the matter within thirty days, the parties may proceed to mediation or to court as they consider appropriate. Nothing in this section prevents a party from seeking urgent relief where delay would cause irreparable harm.
21. Changes to These Terms
We may revise these Terms from time to time. When we make a material change, we will update the effective date at the top of this page and, where appropriate, provide a more prominent notice on the website or by email. Changes apply to use of the website after they take effect and, for active engagements, as the engagement documents permit.
If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will continue in full force. A failure to enforce a provision is not a waiver of it.
22. Contact Information
Questions about these Terms should be directed to Acute Behavior Academy LLC using the details below. We aim to respond within one business day.
Company: Acute Behavior Academy LLC
Address: 191 E 200 N, Providence - 84332-9607, United States (US)
Email: intake@acutebehavior.mom
Phone: +19146269296
Thank you for reading these Terms. We value clear expectations on both sides and we welcome the chance to answer any question before an engagement begins.