Terms of Service

ABA MTD ("ABA MTD," "we," "us," or "our") is a service operated by Data Makes the Difference, LLC ("DMTD"), a Pennsylvania limited liability company at 17 Greystone Drive, Mountain Top, PA 18707. By creating an account, accessing, or using the ABA MTD website, application, or related services (together, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

Practice means the organization or individual clinician that holds an account and is responsible for the records within it. Provider means a behavior analyst or other clinician delivering services through the Service. Client means a family, school, or organization seeking services. Learner means the individual receiving services. Learner Data means the assessment results, session data, notes, plans, and other records entered about a Learner. Assessment Content has the meaning given in Section 12. You means you individually, or the entity on whose behalf you use the Service.

ABA MTD is a practice management platform for applied behavior analysis. It provides intake, scheduling, assessment, data collection, supervision, telehealth, documentation, insurance, and billing tools. It also operates a marketplace that helps Clients discover and connect with independent Providers.

ABA MTD is not a clinical provider, healthcare provider, or party to the professional relationship between a Provider and a Client. All clinical decisions, assessments, treatment plans, supervision judgments, documentation, and outcomes are the sole responsibility of the Provider and the Practice. We provide software; we do not practice behavior analysis.

ABA MTD does not provide billing, coding, or reimbursement advice. Eligibility responses, authorization tracking, and claim tooling are conveniences built on data supplied by payers and clearinghouses. You remain responsible for the accuracy of what you submit and for compliance with payer rules and applicable law.

You must be at least 18 years old and able to enter into a binding contract to register an account. If you use the Service on behalf of a Practice, a family member, or a Learner, you represent that you have the authority to do so and to provide their information.

Providers must hold an active, unrestricted Board Certified Behavior Analyst credential or the equivalent professional license required to deliver behavior-analytic services in their jurisdiction, and must maintain it for as long as they use the Service. Technicians must be supervised in accordance with applicable certification and payer requirements.

You are responsible for the confidentiality of your credentials and for all activity under your account. Accounts are individual and may not be shared. Where multi-factor authentication is offered or required, you agree to use it. Notify us promptly at support@datamtd.com if you suspect unauthorized access.

A Practice administrator controls role assignment within their organization and is responsible for granting, reviewing, and revoking staff access, including on termination of a staff member.

• Maintain your credentials, licensure, supervision requirements, and any insurance required in your jurisdiction
• Provide services within your scope of competence and in accordance with the BACB Ethics Code and applicable law
• Keep records accurate, timely, and complete, and co-sign supervised work as required
• Obtain informed consent, including any consent required for telehealth and for recording
• Submit only accurate information to payers, and retain records for the period your jurisdiction requires
• Honor your own obligations as a covered entity or business associate under HIPAA

• Provide accurate information about the Learner, including insurance details
• Use the Service only for arranging and receiving legitimate services
• Attend or cancel scheduled sessions in accordance with your Provider's policy
• Understand that the clinical relationship is with the Provider, not with ABA MTD

8.1 Subscriptions. Practice plans are billed monthly or annually, as selected at purchase, and renew automatically at the end of each billing period until cancelled. We will send a renewal reminder to your administrators before each renewal date.

8.2 Cancellation. You may cancel at any time. Cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. Fees for the current period are not refunded or pro-rated, and a change to a lower plan takes effect at the end of the current billing period.

8.3 Add-on licenses. Assessment and clinical add-on licenses run for a fixed term from the date of purchase. A license may be refunded within thirty (30) days of purchase provided it has not been assigned to a Learner. Once assigned it is non-refundable, because the content becomes available for that Learner on assignment. Unused licenses expire at the end of their term and are not credited or carried forward.

8.4 Effect of cancellation on your data. Cancelling does not delete your Learner Data. Your records remain in your account at the level of the plan you continue to hold. Your rights to export or delete are set out in Section 11.

8.5 Other fees. Except as set out in this Section, fees are non-refundable. Prices are subject to change, but a change will not affect the duration or features of a license already purchased. Nothing here limits a right you have under applicable law that cannot be waived by agreement.

Where a Client engages a Provider through the marketplace, the resulting service agreement is between the Client and the Provider. Providers set their own rates. We present those rates to Clients before booking.

Payments are processed by Stripe, and provider payouts are made through Stripe Connect. By transacting you also agree to Stripe’s terms. We may charge a platform fee, disclosed before you complete a transaction. Cancellation, no-show, and refund policies are set by the Provider and shown before booking. We may assist with disputes as an intermediary, but we are not responsible for the underlying services.

Where you use the insurance features, you instruct us to transmit information to payers, clearinghouses, and their intermediaries on your behalf. Eligibility and benefit responses are generated by the payer and are not a guarantee of coverage or payment. Authorization tracking is a convenience based on what you record in the platform and does not relieve you of the obligation to confirm authorization with the payer. You are responsible for the accuracy and completeness of anything submitted under your credentials, including diagnosis and procedure coding.

11.1 Ownership. As between you and DMTD, you retain all right, title, and interest in Learner Data. These Terms do not transfer ownership of Learner Data to DMTD.

11.2 License to operate the Service. You grant DMTD a non-exclusive license to host, store, process, transmit, and display Learner Data as necessary to provide the Service to you, to provide support, and to maintain the security and integrity of the platform.

11.3 De-identified data. DMTD may create de-identified data from Learner Data in accordance with the standard at 45 C.F.R. § 164.514, such that it no longer identifies, and cannot reasonably be used to identify, any individual. DMTD may use and disclose de-identified and aggregated data for any lawful purpose, including operating and improving the Service, conducting and publishing research, and producing benchmarks and normative reference data. DMTD will not attempt to re-identify de-identified data and will require any recipient to agree not to attempt re-identification.

11.4 No sale of identifiable data. DMTD does not sell identifiable Learner Data or identifiable personal information, and will not use identifiable Learner Data for third-party marketing.

11.5 Export and deletion. You may export or request deletion of Learner Data as described in the documentation and the Privacy Policy. Deletion does not require DMTD to retrieve or delete de-identified data already created under Section 11.3, which by definition can no longer be associated with any individual.

11.6 Precedence. Where a Business Associate Agreement, student data privacy agreement, data processing agreement, or other written agreement between you and DMTD governs Learner Data, that agreement controls to the extent it conflicts with this Section.

If you are a HIPAA covered entity or business associate, you may store Protected Health Information in the Service only while you hold both a plan that DMTD designates as eligible for use with Protected Health Information and a Business Associate Agreement in effect. If your eligible plan lapses or the Business Associate Agreement terminates, you must stop entering Protected Health Information and should export or request deletion of what is already stored. We will give you notice and a wind-down period of thirty (30) days to do so, after which we may delete or de-identify any Protected Health Information we still hold for you. Until it has been returned, deleted, or de-identified, we continue to protect it under the terms of that agreement. Where a Business Associate Agreement is in effect, it controls over this Section to the extent of any conflict.

13.1 Proprietary frameworks. Assessment frameworks made available through the Service — including all assessment items, milestones, scoring criteria, placement guidelines, barriers and transition items, task analyses, and supporting guide content (collectively, "Assessment Content") — are copyrighted material authored by their respective authors and exclusively licensed to DMTD. The VB-MAPP framework is authored by Dr. Mark L. Sundberg. Assessment Content embodies years of scientific research and clinical expertise and constitutes valuable intellectual property.

13.2 License to use, not to reproduce. Your subscription grants a limited right to access and use Assessment Content solely within the Service for its intended clinical and educational purposes. It does NOT grant any right to reproduce, extract, copy, republish, redistribute, or create derivative works from Assessment Content in any form, in whole or in part.

13.3 Prohibition on AI and machine learning use. YOU MAY NOT, DIRECTLY OR INDIRECTLY, USE, INPUT, OR PROVIDE ANY ASSESSMENT CONTENT, DATA DERIVED FROM ASSESSMENTS, SCORING METHODOLOGIES, MILESTONE DESCRIPTIONS, OR ANY OTHER COPYRIGHTED MATERIAL FROM THE SERVICE TO TRAIN, DEVELOP, IMPROVE, OR VALIDATE ANY ARTIFICIAL INTELLIGENCE MODEL, MACHINE LEARNING SYSTEM, LARGE LANGUAGE MODEL, NEURAL NETWORK, OR ANY OTHER AUTOMATED SYSTEM, WHETHER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES. This includes using Assessment Content as training data, feeding it into any AI system to generate similar or competing assessment tools, using AI tools to extract or reproduce its substance, and creating any automated system that replicates or derives from the assessment methodology.

13.4 Data mining and scraping. You may not engage in systematic or automated collection, extraction, scraping, harvesting, or mining of Assessment Content, assessment results, scoring data, or other content from the Service. Any attempt to aggregate or build a database from Assessment Content is prohibited.

13.5 Permitted and prohibited use. Permitted clinical and educational use includes sharing a Learner’s completed assessment record — including exported scoring grids and reports — with that Learner’s parents or guardians, treatment team, supervising clinician, school team, or funding source, including to document services or support a claim for reimbursement. Permitted use does NOT include providing Assessment Content to any third-party product or service that analyses, scores, interprets, summarises, or reproduces that content, or that offers equivalent functionality to its own users, whether free or paid and whether or not it uses artificial intelligence. Nothing here limits your rights in your own Learner Data under Section 11, or requires you to withhold a record you are legally obliged to provide.

13.6 Survival. The restrictions in this Section survive any termination or expiration of these Terms or your subscription. Violation is a material breach and may result in immediate termination, legal action, and liability for damages including statutory damages for copyright infringement.

The Service includes optional AI-assisted features that draft goals, targets, and narrative content from data you have already entered. Output is a supplementary drafting tool. It does not constitute clinical advice, and the clinician remains solely responsible for reviewing, correcting, and approving anything they sign. Use of AI features may be governed by a separate AI Usage Agreement that your organization must accept before activation. How AI features handle data is described in the Privacy Policy.

Telehealth is provided as a communication tool. You are responsible for determining whether telehealth is clinically appropriate, for complying with licensure and telehealth rules in the Learner’s jurisdiction, and for obtaining informed consent. Sessions are not recorded by default. Where recording is enabled, the Provider is responsible for obtaining all consents required before recording, and the recording is a clinical record of the Practice.

You agree not to:

• Access or attempt to access records you are not authorized to see
• Misrepresent your credentials, identity, or authority
• Reverse engineer, decompile, disassemble, scrape, or frame any part of the Service
• Rent, lease, sell, sublicense, assign, or transfer your rights in the Service
• Offer the Service on a service bureau basis or let third parties use your instance for their benefit
• Upload malicious code, or interfere with or disrupt the Service or its security
• Use the Service to transmit unlawful, abusive, harassing, or infringing content
• Remove or obscure any copyright, trademark, or proprietary notice

The Service, its software, structure, organization, and code are the intellectual property of DMTD and its suppliers, protected by copyright law and international treaty. These Terms grant no intellectual property rights beyond those expressly stated, and all rights not expressly granted are reserved.

If you send us suggestions for changes to the Service or its documentation ("Feedback"), DMTD is free to use that Feedback without obligation. You assign to DMTD all rights, title, and interest in any ideas, know-how, concepts, or techniques contained in the Feedback, for any purpose, without attribution or compensation.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

We verify Provider credentials and run background checks at onboarding, but we do not guarantee the quality, safety, competence, or outcome of any Provider’s services. We do not guarantee that any claim will be paid or that any eligibility or authorization response is accurate or current.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DMTD AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR PERSONAL INJURY, EVEN IF ADVISED OF THE POSSIBILITY. DMTD’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO DMTD IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limitations apply to the maximum extent permitted by applicable law in your jurisdiction.

You agree to indemnify, defend, and hold harmless DMTD, its affiliates, licensors, suppliers, and their directors, officers, employees, consultants, and agents from any claims, damages, losses, and costs (including reasonable attorneys’ fees) arising from your use of the Service, your breach of these Terms, the services you deliver or receive, anything you submit to a payer, or any allegation that content you submit infringes the rights of a third party.

These Terms are governed by the substantive laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles and excluding the U.N. Convention on Contracts for the International Sale of Goods. The state and federal courts located in Luzerne County, Pennsylvania have exclusive jurisdiction over all disputes relating to these Terms.

You may close your account at any time. We may suspend or terminate access if you materially breach these Terms and do not cure the breach within thirty (30) days of notice, or immediately where required by law, to protect the safety of users, or where a credential lapses or is revoked.

On termination you remain responsible for fees due before termination, and you retain the export and deletion rights in Section 11. Sections 11, 12, 13, 17, 18, 19, 20, 21, and 22 survive termination.

We may issue updated versions of these Terms from time to time. An updated version is published in the application and on our websites and carries an effective date. We will give notice of a material change in the application before its effective date. Your continued use of the Service on or after that date constitutes acceptance.

For changes that materially affect how we use or share Learner Data, we will additionally ask you to review and affirmatively accept the updated version, and may require that acceptance before you continue to use the affected features. If you do not agree, you may stop using the Service and terminate your subscription in accordance with its terms.

An update to these Terms does not modify a Business Associate Agreement, student data privacy agreement, data processing agreement, or other separately signed agreement between your organization and DMTD. Those agreements continue to control and are amended only in accordance with their own terms.

ABA MTD™, EFL App™, VBMAPP App™, and DMTD App™ are trademarks of Data Makes the Difference, LLC. VB-MAPP is the property of its author. All other trademarks are the property of their respective owners.

Questions about these Terms can be sent to support@datamtd.com or +1 (570) 550-4013.

Data Makes the Difference, LLC
17 Greystone Drive, Mountain Top, Pennsylvania 18707, USA