Terms of Service

1. Acceptance of Terms

Welcome to Cue (the "Platform" or the "Service"). These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "Customer", or "Clinic") and Cue ABA, LLC ("Cue", "we", "us", or "our"), concerning your access to and use of our website located at cueaba.com (the "Site"), our interactive software applications, and SaaS tools hosted at app.cueaba.com and eu.cueaba.com.

By registering for an account, accessing the Platform, or subscribing to our services, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, you are prohibited from using the platform and must discontinue use immediately.

2. Account Registration and Roles

To use Cue, you must create a registered clinic account. You represent and warrant that all information provided during registration is accurate, current, and complete.

• Credentials Security: You are entirely responsible for maintaining the confidentiality of your credentials (emails, passwords, API tokens) and for all actions occurring under your accounts. You must notify us immediately of any unauthorized access or breach of security.
• User Roles & Staff Accounts: The Platform supports various role configurations (e.g., Owners, BCBAs, Registered Behavior Technicians/RBTs, Billers, Parents/Caregivers). Clinic owners are responsible for allocating permissions appropriately and ensuring staff members comply with local clinical regulations and ethical codes.

4. Fees, Billing & SaaS Model

Cue’s public signup offer includes core clinic tools with unlimited staff and caregiver accounts. New free clinics receive five calendar months of Note QA from signup; after that introduction, Note QA requires a verified paid clinic plan with six or more billable kiddos. Existing Note QA access is preserved. Pricing follows active kiddos, not staff seats. Existing signed clinic agreements and pricing commitments remain in place for their agreed term.

• Public Signup Pricing: Use Cue free for up to five kiddos. Upgrading to six or more bills the full selected quantity, including the first five. US pricing is $24.99 per billable kiddo/month or $249.90/year prepaid; the planned European offer is €25/month or €250/year prepaid, including VAT. Six kiddos cost $149.94/month or $1,499.40/year in the US; €150/month or €1,500/year in Europe.
• Subscription Consent: No card is required to start free. Paid capacity requires an authorized clinic owner or billing administrator to choose a quantity and billing period and explicitly confirm payment. US paid checkout is available; European paid checkout remains closed pending completion of tax setup. Adding a kiddo alone never authorizes a charge.
• Activity, Renewal and Credits: The selected starting quantity, including unfilled spaces, remains billable for 28 days. Thereafter, a completed session or saved clinical data within 28 days makes a kiddo active. Activity changes generate prorated charges or non-cash service credits; annual adjustments settle monthly. Cancel renewal at any time, effective at the end of the paid period. See the clinic plan terms for the full public plan agreement.
• Included Updates and Optional Services: Ongoing improvements and standard feature updates are included. Cue may later offer optional premium products, advanced AI services or usage packages, or professional services such as credentialing at additional cost. Any separate scope, usage allowance and price will be disclosed before purchase and will require opt-in. These examples do not represent services currently offered for sale.
• Future Price Changes: Platform prices may change as Cue evolves. Existing subscribers will receive advance notice of the new price and effective date before it applies and may choose whether to continue, subject to their agreed subscription terms and applicable law. Changes will not override an existing pricing commitment during its agreed term.
• Late Payments: If subscription fees are unpaid for more than 14 days, Cue reserves the right to suspend platform access, with prior notification to the clinic administrator. Suspension does not relieve the Clinic of past payment obligations.
• Taxes and Refunds: European offer prices include VAT. Applicable US sales tax, if any, will be shown before subscription confirmation. Refunds are governed by the applicable subscription agreement and any rights required by law; nothing here limits those rights.

5. Acceptable Use Rules

You agree to use Cue strictly for lawful clinical management, billing operations, and caregiver communication. You must not:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Cue software, designs, or Flow Design System.
• Utilize automated scripts, scrapers, or indexers to extract data from the Platform without prior written consent.
• Access clinical data of patients or other clinics for which you have not been granted explicit, legally valid permissions.
• Introduce malware, viruses, or code designed to interfere with platform operations or security infrastructure.
• Employ Cue to coordinate billing claims for services not rendered, in violation of state Medicaid, Medicare, or private insurance guidelines.

6. Intellectual Property Rights

• Cue Ownership: Cue ABA, LLC retains all right, title, and interest in and to the Site, Platform, software, databases, custom RBT Training modules, stylesheets, brand names, logos, and our proprietary Flow Design System. No rights are granted to Customer except the limited, revocable, non-exclusive right to access and use the Platform during the active subscription period.
• Customer Ownership: The Customer owns all right, title, and interest in and to the patient records, clinical notes, files, schedules, and clinical data uploaded by its staff ("Customer Data"). You grant Cue a limited, worldwide, royalty-free license to host, copy, process, and transmit Customer Data solely to provide, support, and maintain the Platform.

7. Limitation of Liability & Medical Malpractice Disclaimers

Cue is a software provider, not a healthcare or medical provider. We provide practice management, data logging, and claim coordination tools. The Clinic is solely and exclusively responsible for all clinical decisions, treatment protocols, RBT supervision, parent consultation, diagnostic coding, and billing claims compliance.

Under no circumstances shall Cue ABA, LLC, its members, managers, employees, or partners be liable to Customer, patients, or caregivers for any claims of medical malpractice, clinical error, wrongful diagnosis, or billing fraud resulting from the action or inaction of the Clinic's staff, even if data or schedules were stored, compiled, or displayed within Cue (such as in our Daily Briefing or Action Queue).

To the maximum extent permitted by law, Cue's total cumulative liability for any breach, negligence, or claim under these Terms shall be strictly capped at the total subscription fees paid by the Customer to Cue during the twelve (12) month period immediately preceding the event giving rise to liability.

8. Service Levels & Uptime

For Core Pro and Enterprise accounts, Cue guarantees a 99.99% monthly uptime SLA, excluding scheduled maintenance windows announced at least 48 hours in advance.

In the event that platform uptime drops below 99.99% in a given calendar month, affected Clinics may request standard service credits calculated as 10% of their monthly subscription fee for every 1 hour of cumulative, unscheduled downtime, capped at a maximum 50% credit per month. Service credits represent the Clinic's sole and exclusive remedy for platform unavailability.

9. Termination & Data Export

• Termination by Customer: You may cancel your subscription at any time by navigating to your billing dashboard or submitting a request to our billing team. Cancellation will take effect at the end of the current billing cycle.
• Termination by Cue: We reserve the right to suspend or terminate accounts in the event of a material breach of these Terms, non-payment of subscription fees, or if your clinic's practices represent an immediate security risk to other clinics or patient data.
• Data Retention & HIPAA Extraction: Upon termination of your subscription, Cue will maintain your database records for up to thirty (30) days. During this period, the Clinic administrator can request a comprehensive CSV and JSON export of all clinical target records, patient profiles, scheduling data, and billing logs. After 30 days, we will securely delete or scrub all copies of Customer Data from our active servers in accordance with applicable data protection requirements.

10. Governing Law & Dispute Resolution

These Terms of Service and your use of the Platform are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to these Terms shall be instituted exclusively in the state or federal courts located in Miami-Dade County, Florida.

If you have any questions or require legal inquiries regarding these Terms, please contact our Legal Department:

Cue ABA, LLC
Attn: Legal & Compliance Department
Email: legal@cueaba.com
Based in Florida, United States