Legal
Terms of Service
Contents
- 1. Accepting these Terms
- 2. Key terms
- 3. The Service
- 4. Accounts and security
- 5. Plans, free trial, automatic renewal, cancellation and refunds
- 6. HIPAA and the Business Associate Agreement
- 7. Customer Data
- 8. AI Features
- 9. Not a guarantee, and not professional advice
- 10. Acceptable use
- 11. Third-party services and integrations
- 12. Intellectual property and feedback
- 13. Confidentiality
- 14. Availability and support
- 15. Warranties and disclaimers
- 16. Term, suspension and termination
- 17. Limitation of liability
- 18. Indemnification
- 19. Governing law and disputes
- 20. Where the Service is offered
- 21. Changes to these Terms
- 22. General
- 23. Contact us
These Terms of Service (the “Terms”) are a contract between Mosara ABA (“Mosara ABA,” “we,” “us,” or “our”), and the business that signs up for or uses the Mosara ABA service (“Customer” or “you”).
Please read Section 5 carefully. It explains the free trial, automatic renewal, how to cancel, and our refund policy. If Customer will put protected health information into the Service, our Business Associate Agreement also applies (see Section 6).
1. Accepting these Terms
1.1 How you accept. You accept these Terms when you check the box at signup, sign an order form that refers to them, or use the Service. If you do not agree, do not use the Service.
1.2 Business use only. The Service is for businesses, mainly applied behavior analysis (ABA) practices and similar health care providers. It is not for personal, family or household use.
1.3 Authority and age. The person who accepts these Terms confirms that they are at least 18 years old and have authority to bind Customer. Every Authorized User must be at least 18.
2. Key terms
- “Service” means the Mosara ABA software, websites, apps, features and related support we provide.
- “Authorized User” means an employee or contractor of Customer whom Customer allows to use the Service under its account (for example, owners, administrators, BCBAs, RBTs, therapists and billing staff).
- “Customer Data” means all information, notes, records, files and content that Customer or its Authorized Users put into the Service, including any PHI.
- “PHI” means protected health information as defined by HIPAA.
- “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the HITECH Act, and their regulations, as amended.
- “BAA” means the Mosara ABA Business Associate Agreement described in Section 6.
- “Plan” means the subscription plan Customer selects, including its price, billing period and limits.
- “AI Features” means features of the Service that use artificial intelligence or machine-learning models to generate or suggest content.
3. The Service
3.1 What it does. Mosara ABA helps ABA practices write, review and manage session documentation and practice operations. Depending on the Plan and the features released at the time, the Service lets Customer’s staff write session notes; check notes against payer rules and practice rules before signing; track note deadlines (such as a 30-minute internal deadline) with reminders and escalation; route notes for supervisor review and co-signature; collect caregiver signatures; manage authorizations and billing information; schedule sessions; manage hiring; and manage more than one location.
3.2 Features that are not yet available. Some features are described on our website or in the app as “coming soon,” “preview,” “beta” or in design, for example the “Ask Mosara” assistant, billing and claims features, and connections to other software such as Rethink and CentralReach. We do not promise that any such feature will be released, or when. Customer should buy a Plan based on the features available at the time of purchase. Preview and beta features are provided “as is” and may change or be removed.
3.3 Changes to the Service. We improve the Service often and may add, change or remove features. If we remove a feature that is a material part of Customer’s paid Plan, we will give reasonable advance notice when practical. If the change materially reduces the Service, Customer may cancel and receive a pro-rated refund of any prepaid fees for the remaining paid period, as its sole remedy.
4. Accounts and security
4.1 Authorized Users. Customer may let Authorized Users use the Service up to the staff and client limits of its Plan. Customer is responsible for everything done under its account and for its Authorized Users’ compliance with these Terms.
4.2 Logins. Each Authorized User must have their own login. Logins may not be shared. Customer must keep credentials confidential, use the security features we provide (including multi-factor authentication, which is required for owner and administrator accounts), assign each user the correct role, and remove access promptly when someone leaves or no longer needs it.
4.3 Tell us about problems. Customer must notify us promptly at [email protected] if it believes an account has been compromised or the Service has been used without authorization.
5. Plans, free trial, automatic renewal, cancellation and refunds
5.1 Plans and prices. Our current Plans, with their features, staff and active-client limits, and monthly and yearly prices in US dollars, are shown on our pricing page and at checkout. The price that applies to Customer is the price shown at checkout when Customer starts its trial or Plan, as it may later change under Section 5.11. Additional staff or active clients above a Plan’s limits may be available as paid add-ons at the prices shown on the pricing page. Unless the pricing page says otherwise, an “active client” is a client with at least one scheduled session or note in the current billing period. Larger practices may sign a custom order form. If an order form and these Terms conflict on price or limits, the order form controls.
5.2 Going over a limit. If Customer goes over its Plan’s staff or active-client limit, the Service will ask Customer to add add-ons or move to a higher Plan. We will not charge for add-ons unless Customer chooses them.
5.3 7-day free trial; card required. New Customers may start one free trial of 7 days. A valid payment card is required to start the trial. If Customer does not cancel before the trial ends, the trial automatically converts into the paid Plan Customer selected, and we will charge the card on file the Plan’s monthly or yearly price shown at checkout, plus any applicable taxes. One free trial per practice.
5.4 Automatic renewal. Every paid Plan automatically renews at the end of each billing period, monthly or yearly, for another period of the same length, and we will charge the payment method on file the then-current price for that period, until Customer cancels.
5.5 Clear disclosure and consent. Before Customer starts a trial or a Plan, the checkout page will show, next to the button that starts it: the price and billing period; that the trial converts to a paid Plan and the date the first charge will occur; that the Plan renews automatically until cancelled; and how to cancel. Customer must agree to these automatic-renewal terms by checking a box that is not pre-checked. After signup we will email a confirmation that repeats these terms and explains how to cancel.
5.6 Reminders. We may email the account owner a reminder before a free trial converts to a paid Plan. For yearly Plans, we will email a renewal reminder between 30 and 60 days before each yearly renewal, stating the renewal date, the price, and how to cancel. We will also email notice of any price change as described in Section 5.11.
5.7 How to cancel. Customer can cancel online at any time, without calling or emailing anyone, in the app’s billing settings. The account owner or an administrator can cancel. Customer may also cancel by emailing [email protected] from the account owner’s email address. We will confirm the cancellation right away on screen and by email.
5.8 What happens when Customer cancels. Cancelling stops all future renewals and charges. If Customer cancels during the free trial, it will not be charged, and access ends when the trial ends. If Customer cancels a paid Plan, access continues until the end of the period already paid for, and then the subscription ends. Customer can export its Customer Data before and after that date as described in Section 7.
5.9 No refunds once the Service has been used. Fees are non-refundable once the Service has been used in the billing period being charged for. This includes partial periods, unused staff or client capacity, downgrades, and yearly Plans cancelled before the end of the year. “Used” means any Authorized User signed in, or any Customer Data was added or changed, after the charge. If the Service has not been used since a charge, Customer may request a full refund of that charge by emailing [email protected] within 14 days of the charge. This Section does not limit any refund the law requires.
5.10 Payment. Customer authorizes us and our payment processor to charge its payment method for all fees when due. Payments are processed by our third-party payment processor. We do not store full card numbers. Customer must keep its billing information current.
5.11 Price changes. We may change prices for future billing periods by emailing the account owner at least 30 days before the change applies. The new price applies from the first renewal after the notice period ends, unless Customer cancels before that renewal. Price changes never apply to a period Customer has already paid for.
5.12 Upgrades and downgrades. Upgrades and added add-ons take effect immediately; we charge the pro-rated difference for the rest of the current period. Downgrades and removed add-ons take effect at the next renewal. Customer must reduce its usage to fit the lower Plan’s limits before the downgrade takes effect.
5.13 Taxes. Prices do not include taxes. Customer is responsible for sales, use, value-added and similar taxes on its purchases, other than taxes on our income.
5.14 Late or failed payments. If a charge fails, we will notify Customer and may retry the charge. If the amount remains unpaid 10 days after our notice, we may suspend the Service until it is paid. We will not delete Customer Data because of a suspension for non-payment unless the subscription ends under Section 16.
5.15 Promo codes and discounts. We may offer promotional codes, discounts or extended trials. Whether to offer, accept or honor a promo code is at Mosara ABA’s discretion. A promo code applies only to the Plans, billing periods and number of uses stated with it, has no cash value, cannot be combined with other offers unless we say so, and may be changed or withdrawn at any time before it is redeemed. When a discount ends, the regular price shown on the pricing page applies to later billing periods, under the automatic-renewal terms above.
6. HIPAA and the Business Associate Agreement
6.1 Our roles. Customers are typically “covered entities” under HIPAA. When we create, receive, maintain or transmit PHI for Customer through the Service, we act as Customer’s “business associate.”
6.2 BAA required before PHI. Customer may not put PHI into the Service until (a) Customer and Mosara ABA have entered into the BAA, which we offer to every paying Customer, and (b) we have confirmed to Customer in writing (including by email or in the app) that its account is enabled for PHI. Until then, Customer may use only test or sample data that is not PHI. The BAA is part of these Terms. If the BAA conflicts with these Terms on the handling of PHI, the BAA controls.
6.3 PHI only where it belongs. Customer must not send PHI to us through demo requests, website forms, ordinary email, support chats, screenshots, or any channel we identify as not intended for PHI. If support needs to see PHI, we will access it inside the Service under the BAA.
6.4 Safeguards. We use administrative, physical and technical safeguards designed to protect Customer Data, and for PHI we follow the safeguard obligations in the BAA. No system is perfectly secure, and we do not promise that the Service will be free of all security incidents.
6.5 Customer’s HIPAA duties. Customer remains responsible for its own obligations as a covered entity, including its notice of privacy practices, patient authorizations and consents, honoring patient rights, configuring user roles and access correctly, and notifying patients and regulators of breaches when the law requires.
7. Customer Data
7.1 Customer owns its data. As between the parties, Customer owns all Customer Data. We do not acquire any ownership of Customer Data.
7.2 Our limited permission. Customer gives us permission to host, store, copy, process, transmit and display Customer Data only as needed to provide, secure, maintain and support the Service for Customer, to prevent fraud and abuse, and to comply with law, and always as permitted by the BAA.
7.3 No sale, no advertising, no model training. We do not sell Customer Data, use it for advertising, or use Customer Data or PHI to train or improve artificial intelligence models, whether ours or a third party’s.
7.4 Service data. We may collect information about how the Service is used and performs (for example, feature usage, error logs and page load times) to operate, secure and improve the Service. We may create aggregated statistics that do not identify Customer, any individual or any patient. Any PHI is used for this purpose only if it has first been de-identified as HIPAA permits and the BAA allows.
7.5 Export. Customer may export its Customer Data at any time while subscribed, using the export tools in the Service or by asking us at [email protected]. We will provide exports in a common, machine-readable format (such as CSV or PDF).
7.6 Deletion after the subscription ends. For 30 days after the subscription ends, Customer may export its Customer Data. After that, we will delete Customer Data from the live Service within 30 days, and copies in our backups will be overwritten or deleted within 90 days after that, unless the law requires us to keep them. Customer may ask us to delete its Customer Data sooner. Any Customer Data we must keep remains protected under these Terms and the BAA for as long as we keep it.
8. AI Features
8.1 Assistive only. AI Features, such as AI wording review of session notes and the upcoming “Ask Mosara” assistant, are tools that suggest wording, point out possible issues, or answer questions. They do not make clinical decisions and do not replace the professional judgment of Customer’s staff.
8.2 The clinician is responsible for the note. AI output can be incomplete, inaccurate or unsuitable. The Authorized User who writes or signs a note is responsible for reviewing every suggestion, accepting only what is accurate, and making sure the final note truthfully reflects the services actually provided. Customer is responsible for all notes, records and claims its Authorized Users sign or submit.
8.3 How Customer Data is handled in AI Features. To produce AI output, we send only the information needed for that feature to our AI model provider, under a written agreement that requires it to protect the information, including a business associate agreement where PHI is involved, and that does not allow it to use the information to train its models. Customer Data and PHI are never used to train AI models.
8.4 Turning AI Features off. Customer may ask us to turn AI Features off for its account.
9. Not a guarantee, and not professional advice
9.1 The note audit is an aid, not a guarantee. The note audit and the Service’s other checks, flags, warnings, rule sets, deadlines and suggestions are tools to help Customer’s staff catch common documentation issues. They are based on our reading of payer, state and industry requirements, which change often, differ by payer and contract, and may be interpreted differently by a payer or auditor. The Service does not guarantee any audit result, claim approval, payment, reimbursement, authorization or regulatory outcome. A note that passes every check may still be denied, recouped or found deficient.
9.2 Not medical, legal or billing advice. The Service, our website, our materials and our support do not provide medical, clinical, legal, compliance, coding or billing advice. Customer should rely on its own qualified professionals and on each payer’s current manuals and contracts.
9.3 Customer’s responsibilities. Customer stays responsible for its own documentation and claims. Customer is responsible for: (a) the accuracy, completeness and timeliness of its documentation, records and claims; (b) all clinical decisions and the supervision of its staff; (c) staff credentials, licensing and training; (d) knowing and following the payer, state, federal and contractual rules that apply to it; (e) the rules and settings it configures in the Service; and (f) obtaining any consents and giving any notices required to put information into the Service, including caregiver signatures.
10. Acceptable use
Customer and its Authorized Users must not: (a) use the Service in violation of any law, including HIPAA and health care fraud and abuse laws; (b) create false or misleading documentation or claims; (c) share logins or give access to anyone who is not an Authorized User; (d) try to get around security, access controls, usage limits or role permissions; (e) probe, scan or test the Service’s vulnerabilities without our written permission; (f) upload malware or interfere with the Service; (g) copy, reverse engineer, resell or build a competing product from the Service, except as the law expressly allows; or (h) use the Service to send spam or unlawful messages.
11. Third-party services and integrations
The Service relies on third-party providers (see our Privacy Policy) and may offer connections to third-party software, such as Rethink and CentralReach, when available. Those connections are “coming soon” and are not live as of the effective date of these Terms. Third-party products are governed by their own terms, and we are not responsible for them. Third-party names and trademarks belong to their owners and do not imply any affiliation with or endorsement of Mosara ABA.
12. Intellectual property and feedback
We and our licensors own the Service, including its software, design, rule content and documentation. Subject to these Terms and payment of fees, we grant Customer a limited, non-exclusive, non-transferable right for its Authorized Users to use the Service during the subscription for Customer’s internal business purposes. If Customer gives us suggestions or feedback, we may use them without restriction or payment, but we will not identify Customer publicly as their source without permission.
13. Confidentiality
Each party will protect the other’s non-public business information that it receives in connection with the Service with at least reasonable care, use it only to perform under these Terms, and not disclose it except to its personnel and providers who need it and are bound by similar duties, or as the law requires. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from someone else. PHI is governed by the BAA.
14. Availability and support
We aim to keep the Service available at all times, except for planned maintenance and events beyond our reasonable control, but we do not guarantee uninterrupted or error-free operation unless an order form says otherwise. Support is available by email at [email protected]. Plans may include different support levels as described on our pricing page.
15. Warranties and disclaimers
Each party confirms that it has the authority to enter into these Terms. We will provide the Service in a professional manner consistent with these Terms. Except as stated in these Terms, the Service is provided “as is” and “as available,” and we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service or its output will be accurate, complete or error-free.
16. Term, suspension and termination
16.1 Term. These Terms apply from the moment Customer accepts them until its subscription ends and any data-retention period under Section 7 has passed.
16.2 Termination by Customer. Customer may cancel at any time as described in Section 5.7.
16.3 Termination or suspension by us. We may suspend or terminate Customer’s access if Customer materially breaches these Terms and does not fix the breach within 30 days after our notice (10 days for non-payment), or immediately if needed to prevent serious harm to the Service, other customers, patients or the public, or if the law requires it. If we terminate for reasons other than Customer’s breach, we will refund any prepaid fees for the remaining paid period.
16.4 Survival. Sections on fees owed, Customer Data, the BAA, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification and governing law survive termination.
17. Limitation of liability
17.1 No indirect damages. To the maximum extent the law allows, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, reimbursements or data, even if it was told they were possible.
17.2 Cap. To the maximum extent the law allows, each party’s total liability arising out of or relating to these Terms and the Service is limited to the amounts Customer paid us for the Service in the 12 months before the event giving rise to the claim.
17.3 Exceptions. Sections 17.1 and 17.2 do not limit Customer’s obligation to pay fees, either party’s indemnification obligations, or liability for gross negligence, willful misconduct or fraud.
18. Indemnification
18.1 By us. We will defend Customer against any third-party claim alleging that the Service, as provided by us, infringes that party’s US intellectual property rights, and pay the resulting damages and costs finally awarded or agreed in settlement.
18.2 By Customer. Customer will defend us against any third-party claim arising from Customer Data, Customer’s documentation, claims or billing, the clinical services Customer provides, or Customer’s breach of Section 10, and pay the resulting damages and costs finally awarded or agreed in settlement.
18.3 Process. The party seeking defense must promptly notify the other, give it control of the defense and settlement (no settlement may admit fault for the protected party without its consent), and reasonably cooperate.
19. Governing law and disputes
19.1 Florida law. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by applicable US federal law, including HIPAA.
19.2 Talk first. Before filing a claim, each party will try in good faith to resolve the dispute informally for at least 30 days after written notice to the other.
19.3 Venue. Any lawsuit arising out of or relating to these Terms or the Service must be brought exclusively in the state courts located in Miami-Dade County, Florida, or the federal courts for the Southern District of Florida, and each party consents to their jurisdiction. Either party may seek temporary injunctive relief in any court with jurisdiction to protect its confidential information or intellectual property.
19.4 Jury waiver. To the extent the law allows, each party waives its right to a jury trial in any lawsuit arising out of or relating to these Terms.
20. Where the Service is offered
The Service is designed for use in the United States and to support US health care requirements. If Customer uses the Service from or for patients outside the United States, Customer is responsible for making sure that its use complies with local laws, including data protection and health records laws. Customer Data is stored and processed in the United States.
21. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will email the account owner or notify Customer in the app at least 30 days before it takes effect. Changes do not apply retroactively. If Customer does not agree to a material change, it may cancel before the change takes effect, and the change will not apply during the rest of its current paid period. Continued use after the effective date means Customer accepts the updated Terms.
22. General
22.1 Entire agreement and order of precedence. These Terms, the BAA, any order form, and the policies they refer to (including our Privacy Policy) are the entire agreement between the parties about the Service. If they conflict: the BAA controls for PHI; then an order form; then these Terms.
22.2 Notices. We may send notices to the account owner’s email address or in the app. Customer may send notices to [email protected]. Customer agrees to receive notices and records electronically.
22.3 Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all of its assets or of the relevant business, if the successor agrees in writing to be bound, including by the BAA.
22.4 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages of internet or hosting providers, war, or government action, other than obligations to pay.
22.5 Other terms. The parties are independent contractors. There are no third-party beneficiaries. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. Headings are for convenience only, and “including” means “including without limitation.”
23. Contact us
Questions about these Terms: [email protected]
Questions? [email protected]