Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the ABA Sprout website located at abasprout.com ("the Platform," "the Site," "the Service," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("you," "your," or "User") and ABA Sprout.

If you do not agree to all of these Terms, you must not access or use the Platform. Your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

You represent that you are at least 18 years of age or have the consent of a parent or legal guardian. By using this Platform, you affirm that you have the legal capacity to enter into this agreement.

2. Description of Service

ABA Sprout is an educational technology platform designed to help individuals studying Applied Behavior Analysis (ABA) prepare for professional certification examinations and enhance their understanding of ABA principles. Our services include, but are not limited to:

• RBT® Exam Preparation: Comprehensive study materials, practice questions, and mock examinations designed to help users prepare for the Registered Behavior Technician® certification exam.
• BCBA® Exam Preparation: Advanced study resources, practice tests, and review materials for individuals preparing for the Board Certified Behavior Analyst® certification exam.
• Interactive Flashcards: Digital flashcard sets covering key ABA terminology, concepts, ethical guidelines, and task list items.
• Study Tools & Resources: Various educational tools including study guides, progress trackers, and performance analytics to support your learning journey.
• Practice Exams: Timed, simulated exam experiences that mirror the format and difficulty of actual certification examinations.
• AI Tutor: An artificial intelligence-powered tutoring feature that provides personalized explanations, answers questions, and helps users understand ABA concepts in greater depth.
• Physical Products Store: A curated selection of physical ABA therapy materials, educational aids, and professional resources available for purchase and delivery.
• Digital Subscriptions: Premium subscription plans (including "RBT Pro" and "ABA Pro") that unlock advanced features, additional content, and enhanced study experiences.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service without notice or liability.

3. User Accounts

To access certain features of the Platform, you must create an account. When registering for an account, you agree to the following:

• Accurate Information: You must provide truthful, accurate, current, and complete information during the registration process. You agree to update your information promptly if it changes.
• Account Security: You are solely responsible for maintaining the confidentiality of your login credentials, including your password. You agree to notify us immediately at abasprout@gmail.com if you suspect any unauthorized use of your account or any other breach of security.
• Account Responsibility: You are responsible for all activities that occur under your account, whether or not you authorized such activities. ABA Sprout will not be liable for any loss or damage arising from your failure to protect your account credentials.
• One Account Per Person: Each individual is permitted to maintain only one (1) account on the Platform. Creating multiple accounts to circumvent restrictions, abuse free features, or for any other purpose is strictly prohibited and may result in the termination of all associated accounts.
• Account Transfers: Your account is personal to you and may not be transferred, sold, or assigned to any other person or entity without our prior written consent.

4. Subscriptions and Payments

ABA Sprout offers premium subscription plans that provide access to enhanced features and content. By subscribing to a paid plan, you agree to the following terms:

• Pricing: Subscription prices are displayed on the Platform at the time of purchase. All prices are listed in United States Dollars (USD) unless otherwise indicated. We reserve the right to change pricing at any time, but changes will not affect your current billing cycle.
• Auto-Renewal: All subscriptions automatically renew at the end of each billing period (monthly or annually, depending on the plan selected) unless you cancel before the renewal date. You will be charged the then-current subscription price upon each renewal.
• Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, you will continue to have access to premium features until the end of your current billing period. No partial refunds will be issued for unused portions of a billing period.
• Payment Processing: All payment transactions are processed securely through Stripe, a third-party payment processor. By providing your payment information, you authorize Stripe to charge your designated payment method. ABA Sprout does not store your full credit card details on our servers. Your use of Stripe is subject to Stripe's own terms of service and privacy policy.
• Failed Payments: If a payment fails, we may suspend or restrict access to premium features until a valid payment method is provided. We may reattempt to process the charge within a reasonable period.

5. Free and Pro Features

ABA Sprout offers both free and premium ("Pro") tiers of service. The specific features available under each tier are described on the Platform and may change from time to time.

Free Features may include limited access to flashcards, a restricted number of practice questions, basic study tools, and introductory content. Free features are provided at our discretion and may be modified, limited, or removed at any time without prior notice.

Pro Features(available through "RBT Pro" and "ABA Pro" subscriptions) may include full access to all practice exams, unlimited flashcard decks, AI tutor functionality, advanced analytics and progress tracking, priority support, and exclusive study resources. The scope of Pro features is subject to change, and we will make reasonable efforts to notify subscribers of any material changes.

Transitioning between tiers does not guarantee the retention of data, progress, or preferences associated with features exclusive to the prior tier.

6. Educational Disclaimer

7. Intellectual Property

All content available on the Platform — including but not limited to text, exam questions, answer explanations, study guides, flashcard content, graphics, logos, icons, images, audio, video, software code, user interface designs, and the overall look and feel of the Site — is the exclusive property of ABA Sprout or its content licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content solely for your personal, non-commercial educational purposes. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform or its content
• Create derivative works based on the Platform's content
• Distribute, publicly display, or publicly perform any content from the Platform
• Use data mining, robots, or similar data gathering and extraction tools on the Platform
• Reverse engineer, decompile, or disassemble any software or technology underlying the Platform

Any unauthorized use of the Platform's content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

8. User Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You expressly agree not to engage in any of the following prohibited activities:

• Sharing Exam Content: Copying, screenshotting, photographing, recording, sharing, posting, or distributing any exam questions, answer choices, or answer explanations from the Platform, whether publicly or privately, in any format or medium.
• Multiple Accounts: Creating or maintaining more than one account per individual, or creating accounts on behalf of others without authorization, to gain unauthorized access to free or paid features.
• Automated Access & Scraping: Using bots, crawlers, scrapers, spiders, or any other automated means to access, harvest, collect, or store content or data from the Platform.
• Misrepresentation: Representing ABA Sprout materials, practice exams, or content as official BACB® materials, or implying any affiliation with or endorsement by the BACB® or any other certification body.
• Interference: Attempting to disrupt, overload, or impair the proper functioning of the Platform, its servers, or networks connected to the Platform, including through denial-of-service attacks or the transmission of malware.
• Unauthorized Access: Attempting to gain unauthorized access to other users' accounts, the Platform's computer systems, or any restricted areas of the Site.
• Harassment & Abuse: Using the Platform to harass, bully, threaten, defame, or intimidate any other user or individual.
• Commercial Use: Using the Platform or its content for any commercial purpose, including tutoring services or resale, without prior written consent from ABA Sprout.

Violation of any of these conduct rules may result in immediate suspension or termination of your account, at our sole discretion, without refund or prior notice.

9. User-Generated Content

Certain features of the Platform may allow you to submit, post, or store content, including but not limited to study notes, flashcard annotations, feedback, comments, or other materials ("User Content"). By submitting User Content, you represent and warrant that:

• You own or have the necessary rights and permissions to submit the User Content.
• The User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
• The User Content does not contain any unlawful, defamatory, obscene, or otherwise objectionable material.

By submitting User Content to the Platform, you grant ABA Sprout a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such content solely in connection with operating and improving the Platform. You retain ownership of your User Content, and you may delete it at any time through your account, where applicable.

We do not guarantee the confidentiality of any User Content. We reserve the right to remove any User Content that violates these Terms or that we deem inappropriate, at our sole discretion and without prior notice.

10. Physical Products

ABA Sprout offers a selection of physical products (including ABA therapy materials, educational aids, and related items) through our online store. Please be aware of the following:

• Third-Party Fulfillment: Physical products are manufactured and fulfilled by third-party suppliers and print-on-demand partners. ABA Sprout facilitates the sale but does not directly manufacture, warehouse, or ship these items.
• Shipping: Shipping times, costs, and carrier availability vary depending on the product, your location, and the fulfillment partner. Estimated delivery times are provided at checkout but are not guaranteed. We are not responsible for delays caused by carriers, customs, weather events, or other circumstances beyond our reasonable control.
• Product Descriptions: We strive to display product colors, images, and descriptions as accurately as possible. However, actual product appearance may vary slightly due to differences in monitors, photography, and manufacturing processes.
• Returns & Exchanges: Please refer to our Refund Policy for detailed information on returns, exchanges, and refund eligibility for physical products.

11. Refund Policy Summary

A complete and detailed version of our refund policy is available on our Refund Policy page. Below is a summary:

• Physical Products: Eligible for a refund or replacement within thirty (30) days of delivery if the item is defective, damaged during shipping, or is significantly not as described. The item must be returned in its original condition. Buyer is responsible for return shipping costs unless the return is due to our error.
• Digital Products & Subscriptions (RBT Pro, ABA Pro): Due to the immediate nature of digital access upon purchase, refunds for digital products and subscriptions are evaluated on a case-by-case basis within seven (7) days of purchase. Refunds are not guaranteed for digital products.

To request a refund, please contact us at abasprout@gmail.com with your order number and a description of the issue. We aim to respond to all refund requests within five (5) business days.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ABA Sprout expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

IN NO EVENT SHALL ABA SPROUT, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO ABA SPROUT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

13. Indemnification

You agree to indemnify, defend, and hold harmless ABA Sprout, its owners, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your use or misuse of the Platform
• Any User Content you submit, post, or transmit through the Platform
• Your infringement of any intellectual property or other right of any person or entity
• Any dispute between you and a third party relating to the Platform

ABA Sprout reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of any such claim.

14. Dispute Resolution

Governing Law: These Terms and any disputes arising out of or relating to them or the Platform shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of laws principles.

Informal Resolution: Before initiating any formal dispute resolution, you agree to first attempt to resolve any dispute informally by contacting us at abasprout@gmail.com. We will attempt to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within this period, either party may proceed as outlined below.

Binding Arbitration:Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, that cannot be resolved informally, shall be finally settled by binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in the State of Texas, and the arbitrator's decision shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Class Action Waiver: YOU AND ABA SPROUT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and ABA Sprout agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of class or representative proceeding.

Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15. Termination

Termination by ABA Sprout: We reserve the right to suspend or terminate your account and access to the Platform, in whole or in part, at our sole discretion, with or without prior notice, for any reason, including but not limited to: violation of these Terms, fraudulent or illegal activity, non-payment, or conduct that we determine to be harmful to other users, third parties, or the business interests of ABA Sprout.

Termination by You: You may terminate your account at any time by using the account deletion functionality in your account settings or by contacting us at abasprout@gmail.com. Upon account deletion, your access to premium features will cease, and your personal data will be handled in accordance with our Privacy Policy.

Effect of Termination: Upon termination, your right to use the Platform immediately ceases. Sections of these Terms that by their nature should survive termination — including but not limited to Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution, and any accrued payment obligations — shall survive termination.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

17. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and any other legal notices or policies published by ABA Sprout on the Platform, constitute the entire agreement between you and ABA Sprout with respect to your use of the Platform. These Terms supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and ABA Sprout regarding the Platform.

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or any other term. Any failure by ABA Sprout to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Changes to Terms

ABA Sprout reserves the right to revise, amend, or update these Terms at any time and at our sole discretion. When we make changes, we will update the "Last updated" date at the top of this page. For material changes that significantly affect your rights or obligations, we will make reasonable efforts to notify you via email or through a prominent notice on the Platform.

Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the revised Terms, you must discontinue your use of the Platform and, if applicable, cancel your subscription. We encourage you to review these Terms periodically to stay informed of any changes.

20. Accessibility Statement

ABA Sprout is committed to ensuring that our Platform is accessible to all individuals, including those with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C).

Our ongoing accessibility efforts include:

• Providing text alternatives for non-text content
• Ensuring sufficient color contrast ratios for readability
• Making all functionality available from a keyboard
• Designing responsive layouts that work with assistive technologies, including screen readers
• Providing clear and consistent navigation throughout the Platform
• Regularly reviewing and testing our Platform for accessibility compliance

If you encounter any accessibility barriers while using ABA Sprout, or if you have suggestions for how we can improve accessibility, please contact us at abasprout@gmail.com. We welcome your feedback and will make reasonable efforts to address any issues promptly.