Terms of Service | TargetFlo — ABA Therapy Center Operations Software

These Terms of Service (the “Terms”) govern access to and use of the TargetFlo website at https://targetflo.com (the “Site”) and the TargetFlo operations platform for ABA therapy centers (the “Service”) provided by TargetFlo (“TargetFlo,” “we,” “us,” or “our”). “Customer” means the organization that subscribes to the Service; “Authorized Users” means the staff, external providers, and parents or guardians the Customer permits to access the Service.

1. Acceptance of terms

By accessing the Site or using the Service, you agree to these Terms and our Privacy Policy. If you are accepting on behalf of an organization, you represent that you have authority to bind it. If you do not agree, do not use the Site or Service. Where a signed order form, master subscription agreement, or Business Associate Agreement conflicts with these Terms, the signed document controls.

2. Description of the Service

The Service is operations software for ABA therapy centers. Features available today include a referral intake pipeline, client and family CRM, fax inbox with OCR and AI-assisted extraction, insurance eligibility checks, tasks, a parent portal, employee directory and workforce tools, consents and SOP templates, courses and training, SMS and email broadcast, multi-location administration, Google Workspace provisioning, dashboard KPIs, website lead ingest, and an external provider portal.

Certain capabilities described on the Site — including scheduling, session notes, authorization management, claims submission, Microsoft 365 / Entra ID integration, and the MCP assistant — are on our product roadmap and are labeled “Coming soon.” Roadmap items are not part of the Service until released, and purchasing decisions should not rely on them. We may modify, add, or discontinue features, provided we do not materially reduce the core functionality of a paid subscription during its term.

3. Accounts and access

The Customer is responsible for provisioning Authorized Users, assigning roles and location access, and promptly deactivating users who leave.
Authorized Users must keep credentials confidential and may not share accounts. The Customer is responsible for all activity under its accounts.
You must notify us promptly at hello@targetflo.com of any suspected unauthorized access.
Parents, guardians, and external providers access the Service only through invitations issued by the Customer and only to the records the Customer makes available to them.

4. Acceptable use

You agree not to:

Use the Service in violation of HIPAA, state privacy law, or any other applicable law or professional obligation.
Upload PHI to the marketing Site, contact forms, or any channel not covered by a BAA.
Send SMS or email broadcasts that violate TCPA, CAN-SPAM, or recipient consent requirements, or attempt to bypass the PHI guard on SMS.
Access or attempt to access another Customer’s data, probe or test the security of the Service without written permission, or interfere with its operation.
Reverse engineer, copy, resell, sublicense, or build a competing product from the Service.
Use automated means to scrape the Site or Service except as permitted by published APIs or written agreement.

5. Protected health information and BAA

The Customer is a covered entity or business associate under HIPAA and TargetFlo acts as its business associate with respect to PHI processed in the Service. The Customer must execute a Business Associate Agreement with TargetFlo before entering PHI into the Service. The BAA governs permitted uses and disclosures, safeguards, breach notification, subcontractors, and return or destruction of PHI, and prevails over these Terms with respect to PHI. See our HIPAA notice for how to request a BAA and the shared responsibility model.

6. Customer data

The Customer owns all data it and its Authorized Users enter into or connect to the Service (“Customer Data”).
The Customer grants TargetFlo a limited license to host, process, transmit, and display Customer Data solely to provide, secure, and support the Service and as permitted by the BAA.
TargetFlo does not use Customer PHI to train AI models. AI-assisted features process Customer Data only to perform the function the Customer requests.
The Customer is responsible for the accuracy and lawfulness of Customer Data and for obtaining any consents required from patients, guardians, and staff.
Customer Data may be exported on request during the subscription and for [number] days after termination, after which it is deleted in accordance with the BAA.

7. Fees and payment

Fees are set out in the applicable order form and are based on plan tier and number of locations. See Pricing.
Subscriptions are billed annually in advance unless the order form states otherwise. Fees are non-refundable except as expressly stated in the order form or required by law.
Fees exclude taxes; the Customer is responsible for applicable sales, use, or similar taxes.
Overdue amounts may accrue interest at [rate] and may result in suspension of access after [number] days’ written notice.
We may adjust fees at renewal with at least [number] days’ notice.

8. Intellectual property

TargetFlo and its licensors own all rights in the Site, the Service, its software, documentation, designs, trademarks, and any improvements or aggregated, de-identified usage data that does not identify the Customer or any individual. No rights are granted except the limited right to use the Service during the subscription term in accordance with these Terms. Feedback you provide may be used by TargetFlo without obligation.

9. Confidentiality

Each party will protect the other party’s non-public information (including Customer Data, pricing, security documentation, and roadmap details shared under NDA) with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and subcontractors who need it and are bound by comparable obligations. These obligations survive termination for [number] years, and indefinitely for PHI and trade secrets.

10. Third-party services and integrations

The Service connects to third-party services at the Customer’s election — for example cloud fax providers (RingCentral and others), Google Workspace, eligibility clearinghouses, and email delivery providers. Those services are governed by their own terms and privacy policies. TargetFlo is not responsible for their availability, accuracy (including eligibility responses), or data practices, though we require subcontractor BAAs where PHI is involved.

11. Warranties and disclaimers

TargetFlo warrants that the Service will perform materially in accordance with its documentation during the subscription term. Except as expressly stated, the Site and Service are provided “as is” and “as available,” and TargetFlo disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. TargetFlo does not provide clinical, legal, billing, or compliance advice. Eligibility results, OCR output, and AI-assisted suggestions are aids to human review and must be verified by qualified staff. The Customer remains responsible for its own HIPAA compliance program.

12. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or revenue, arising out of or related to these Terms. Each party’s total cumulative liability will not exceed the fees paid or payable by the Customer to TargetFlo in the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to a party’s breach of confidentiality or the BAA, indemnification obligations, infringement or misappropriation of the other party’s intellectual property, or liability that cannot be limited by law. [Counsel to confirm carve-outs and any super-cap for data breach.]

13. Indemnification

TargetFlo will defend the Customer against third-party claims alleging the Service infringes a patent, copyright, or trademark, and pay resulting damages and costs, subject to prompt notice and cooperation. The Customer will defend TargetFlo against third-party claims arising from Customer Data, the Customer’s use of the Service in violation of law or these Terms, or the Customer’s failure to obtain required consents.

14. Term and termination

Subscriptions run for the term stated in the order form and renew automatically unless either party gives notice of non-renewal at least [number] days before the end of the current term.
Either party may terminate for material breach not cured within thirty (30) days of written notice.
TargetFlo may suspend access immediately if necessary to prevent harm to the Service, other customers, or PHI, and will notify the Customer promptly.
On termination, access ends, Customer Data is made available for export for the period stated in Section 6, and PHI is returned or destroyed per the BAA. Sections 6, 8, 9, 11, 12, 13, 15, and 16 survive.

15. Governing law and disputes

These Terms are governed by the laws of the State of [State], without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in [County, State]. [Counsel to select arbitration or courts, venue, and any jury-waiver or class-action provisions.] Before filing a claim, the parties will attempt in good faith to resolve the dispute through executive-level discussion for at least thirty (30) days.

16. General

Entire agreement. These Terms, the Privacy Policy, the BAA, and any order form are the complete agreement and supersede prior discussions.
Assignment. Neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all assets, with notice.
Notices. Legal notices must be in writing to the addresses in the order form or, for TargetFlo, to hello@targetflo.com [and mailing address].
Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
Severability and waiver. Invalid provisions are severed; failure to enforce is not a waiver.
Changes. We may update these Terms by posting a revised version with a new effective date; material changes to paid subscriptions take effect at the next renewal unless you agree sooner.

17. Contact

Questions about these Terms: hello@targetflo.com, or use the contact page. [Add legal entity name and mailing address.]