ABAIQ QA Suite Terms of Use

1. Acceptance and scope

These Terms of Use ("Terms") govern your use of the ABAIQ QA Suite (the "QA Suite"), an optional feature of ABAIQ operated by Hybreu Digital LLC, a Florida limited liability company ("ABAIQ," "we," "us"). By enabling, accessing, or using the QA Suite, and by electronically signing the in-app Supervision & QA Data-Sharing Consent (the "Data-Sharing Consent"), you agree to these Terms. These Terms apply in addition to the ABAIQ Terms of Service, Privacy Policy, Security Policy and Business Associate Agreement ("BAA"). Where these Terms conflict with the Terms of Service as to how the QA Suite handles protected health information ("PHI"), including the fact that the QA Suite transmits and retains PHI on a server (Sections 5 and 6), these Terms, the Data-Sharing Consent and the BAA control for the QA Suite.

What these Terms do not cover. These Terms govern the QA Suite only. The ABAIQ extension's note drafting (session notes, graphs and the other documents written in your browser) is governed by the Terms of Service; the extension does not send those notes to the QA Suite unless a person explicitly sends them, and QA Suite credits do not include note generation.

Agency Agreement. If you use the QA Suite through an organization that has signed a written Agency Agreement with Hybreu Digital LLC (Section 11), that agreement controls over these Terms to the extent they conflict.

Who accepts. You accept these Terms in your own name and, where you act for an organization, on its behalf. You represent that you are (a) the practice or agency that is a covered entity or business associate under HIPAA, or its authorized representative; (b) a clinician employed or contracted by such an organization, authorized by it to use the QA Suite with its clients' PHI; or (c) an independent clinician who is, or practices through an entity that is, a covered entity or business associate under HIPAA.

2. What the QA Suite is; human oversight

The QA Suite lets a supervising clinician (a BCBA or BCaBA) review the clinical documentation of the technicians and clinicians they supervise with the help of artificial intelligence. Notes reach the supervisor in two ways:

• Submissions from the extension. A technician (for example an RBT) sends a completed note from the ABAIQ extension to the supervisor they are connected to. Nothing is sent automatically; the technician selects each note and each recipient.
• Batch review (Tasks). The supervisor uploads a set of completed notes exported from the organization's electronic record, as PDF, Word (DOC or DOCX) or ZIP files, organized by client and date of service. Corrected notes may be uploaded again and are matched to the original so the supervisor sees both versions and the history of each note. Notes within one batch that are substantially identical are flagged. Batch review is available to every account with credits (Section 10).

On each note ABAIQ runs an automated, AI-assisted evaluation against the client's treatment plan, the supervisor's own criteria, the ABAIQ documentation standard and, when enabled, the client's insurer requirements and the rules of the organization, and it drafts suggested feedback. Consistent with the CASP Practice Parameters for Artificial Intelligence Use in Applied Behavior Analysis, the AI serves as a tool to support clinical work; it does not supplant it. The supervising clinician reviews each note, accepts or returns it, and retains full clinical responsibility for the documentation and for every clinical decision. ABAIQ does not practice behavior analysis, does not supervise, and does not make clinical, diagnostic, or billing determinations.

3. Eligibility and authority

You may use the QA Suite only if you are a behavior-analytic professional acting within a legitimate supervisory or treatment relationship, and you represent and warrant that you are authorized by your organization and by applicable law to create, disclose, and receive the client information contained in the notes you send, upload, or receive. If you are a member of an organization's workforce (for example an employed RBT), you represent that your organization has authorized that use.

4. HIPAA compliance and permitted disclosure

The QA Suite is designed to operate consistent with the Health Insurance Portability and Accountability Act and its implementing regulations at 45 CFR Parts 160 and 164 (the "HIPAA Rules").

• Business Associate role. With respect to PHI processed through the QA Suite, ABAIQ acts as a Business Associate of your organization and will use and disclose that PHI only as permitted by the BAA, by these Terms, or as required by law (45 CFR 164.502(e), 164.504(e)). Any subcontractor that handles PHI for ABAIQ is bound by the same restrictions.
• Permitted disclosure. Sending a note to your chosen supervisor, or uploading your organization's notes for the supervisor's review, is a disclosure for treatment and health-care-operations purposes made within your supervisory or treatment relationship, permitted under the HIPAA Rules (45 CFR 164.506).
• Minimum necessary. The QA Suite limits identifiers to the minimum necessary (45 CFR 164.502(b), 164.514(d)). For submissions from the extension, only the note text and its note type, service date, client initials, and sender and supervisor identity are transmitted; full client names are never transmitted that way. For batch review, the exported notes carry the client's full name and other header fields; ABAIQ uses the client name only to file each note under the right client and plan, and the client's date of birth and insurance identifiers present in the export are discarded at intake and not stored in the review record (the uploaded file itself is retained as received, Section 6). Connection and status metadata contain no clinical content.
• Safeguards. ABAIQ maintains administrative, physical, and technical safeguards for electronic PHI as required by the HIPAA Security Rule (45 CFR 164.308–164.312), including access controls and encryption of PHI in transit and at rest.
• Breach notification. Following discovery of a breach of unsecured PHI, ABAIQ will notify the affected organization without unreasonable delay and in no event later than 30 calendar days after discovery, as further specified in the BAA (45 CFR 164.410).

5. Infrastructure: PHI is processed on BAA-covered, encrypted servers

Unlike the ABAIQ extension's baseline note-writing, where the finished note stays in your browser, the QA Suite transmits PHI to and processes it on ABAIQ's server infrastructure. That infrastructure is HIPAA-eligible, located in the United States, covered by a Business Associate Agreement with the hosting provider (Amazon Web Services), and PHI is encrypted in transit and at rest. Because the stored PHI is encrypted to render it unusable, unreadable, and indecipherable to unauthorized persons, it is treated as "secured" PHI under the HIPAA Breach Notification Rule (45 CFR 164.402; HHS encryption guidance). The artificial-intelligence providers that evaluate notes are bound by Business Associate Agreements and configured for zero data retention: they do not store your notes and do not use them to train models. PHI is never stored or processed on infrastructure that is not covered by a BAA.

6. Data storage, retention, and deletion

Please note: the QA Suite retains data. This is a change from local-only note handling.

• What is retained. For each submitted note: the note text and its note type, service date, client initials, sender and supervisor identity, the AI quality evaluation, and any supervisor feedback. For batch review: the uploaded files as received (and any corrected versions), the fields extracted from each note (client name, provider, supervising analyst, service date, place of service, time and hours, billing code, participants and the narrative), the evaluation of each version and the batch report. For "Flag an AI error" reports (Section 7): the note, its evaluation, the reason you wrote, and who reported it.
• Why. Retention is necessary to deliver the review workflow (the supervisor reviews, returns, or accepts the note), to maintain the documentation record that supervision and audit defensibility require, and to investigate and correct AI errors.
• Retention period. Retained records are kept for a minimum of six (6) years, consistent with the HIPAA documentation-retention standard (45 CFR 164.316(b)(2)), and longer where the BAA, your organization's instructions, or state law require it (for example, records of minor clients may need to be kept until a number of years after the client reaches the age of majority). Absent a longer requirement, records are retained for the duration of the supervisory relationship plus six (6) years.
• Deletion. A supervisor may delete a batch and its files from the QA Suite at any time. You or your organization may request deletion of specific records in writing to support@abaiq.ai. On termination of the relationship, retained PHI is returned or destroyed as provided in the BAA. Disconnecting from a supervisor stops future sharing but does not recall notes already sent.
• Service metadata without PHI. To operate, secure and bill the QA Suite, ABAIQ keeps event records that contain no clinical content: account codes, timestamps, counts, note types, verdict categories and finding labels. These records never contain note text, client names or initials.

7. Alignment with the CASP AI Practice Parameters

The QA Suite is designed to be consistent with the CASP Practice Parameters for Artificial Intelligence Use in Applied Behavior Analysis. This reflects ABAIQ's own practices and does not imply CASP endorsement or certification. In particular:

• AI supports, does not supplant. AI assists documentation-quality review; the practitioner retains full clinical responsibility and makes every clinical decision.
• Transparency. The use of AI is disclosed to you here and in-app, and every evaluation is labeled as AI-assisted. You remain expected, per your professional obligations, to reflect your own clinical judgment and observations in every note and to disclose AI's contribution to a work product where your ethics code or your payer requires it.
• Session-specific documentation. ABAIQ's evaluation and any suggested feedback are designed to reflect the specific encounter you documented. ABAIQ does not fabricate clinical data and does not reuse another client's or session's content; notes that copy another note are flagged.
• Explainability. Each finding names the criterion, plan element or standard it rests on and, where possible, quotes the words of the note it points at, so you can see why the evaluation says what it says.
• Error reporting. You may report an incorrect, biased or unexpected evaluation at any time with the in-app "Flag an AI error" control on the note, or by writing to support@abaiq.ai. Each report is recorded with the note and its evaluation, reviewed by ABAIQ, acknowledged within two (2) business days, triaged first for any impact on client safety or clinical accuracy, and answered with the outcome. Reports are made without any penalty to your account.
• Monitoring and audit support. On written request, ABAIQ will provide your organization documentation describing what the evaluation considers, the model family in use, the known limitations of the evaluation and a summary of error reports affecting your organization, so it can carry out its own monitoring and auditing responsibilities under the CASP parameters.
• Deprecation and material changes. ABAIQ will give at least thirty (30) days' notice, in the QA Suite's news feed and by email to the account, before deprecating an evaluation model or making a change expected to materially alter evaluations, together with a description of the expected changes.
• Client and caregiver consent (your organization's responsibility). Obtaining informed consent from clients or caregivers for AI-assisted tools, including visibility into how AI is used, its risks and benefits, and the opportunity to decline at any time with a non-AI alternative, is the responsibility of your organization and clinician, not ABAIQ. ABAIQ provides a template, in English and in Spanish, that your organization adapts to its policies and state law; ABAIQ does not obtain client consent on your behalf.

8. AI limitations; no professional advice

AI-generated evaluations and suggestions may be incomplete, inaccurate, or wrong. They are drafts for a qualified human to accept, edit, or reject. The QA Suite does not guarantee that any note will be complete, compliant, reimbursable, or audit-ready, and does not provide legal, medical, clinical, or professional advice. You are solely responsible for the professional adequacy of any note you finalize, and your organization remains responsible for its own documentation standards and for its obligations to payers, which may not address or reimburse the use of AI.

9. Your responsibilities

• Ensure the accuracy and completeness of the notes you write, send, upload, review, and finalize.
• Use the QA Suite within your professional scope and your organization's policies.
• Enter only the information that is clinically necessary (minimum necessary); never type PHI into free-text fields that are not designed for it (criteria, feedback to ABAIQ, support messages).
• Obtain any required client or caregiver consent before using AI-assisted tools, as described in Section 7, and keep it in the client's record.
• Safeguard your credentials and access; you are responsible for activity under your account. Never share an account between people.
• Upload to batch review only notes of clients for whom your organization is the covered entity or a business associate, and only for the review of your own clinical documentation.

10. Credits and payment

• One credit per note reviewed. Every note that receives an evaluation in the QA Suite consumes one (1) credit, whether it arrives from the extension or in batch review, and whether it is a first review, a corrected version or a re-run you request. A note identical to one already evaluated in the same batch consumes no credit.
• Included credits. An active ABAIQ Premium subscription includes one hundred (100) QA Suite credits at no additional charge, granted once, so you can try the QA Suite. Credits are also granted by ABAIQ at its discretion (for example to agencies under an Agency Agreement).
• Credit packs. Additional credits are sold in packs at the prices shown in the QA Suite at the time of purchase. Credits never expire, add to your balance, and are non-transferable between accounts except within an agency balance (Section 11). Purchases are final and non-refundable once processed, including credits purchased by mistake. Credits do not include note generation in the ABAIQ extension, which is governed by your ABAIQ plan.
• Auto-recharge. If you enable auto-recharge, you authorize ABAIQ to charge the saved payment method for the pack you selected whenever your balance falls below the threshold you set, until you turn it off in the QA Suite.
• No credits. Notes that arrive when the balance is zero wait, unevaluated, until credits are added; nothing is lost.
• Prices. ABAIQ may change credit prices with at least thirty (30) days' notice; credits already purchased are not affected.

11. Agencies

An organization that supervises more than twenty clients or has several supervisors may be set up as an agency under a written Agency Agreement with Hybreu Digital LLC. Agency setup includes the configuration of the agency's own documentation rules, onboarding for its team and personalized support. For an agency:

• The agency is the Customer under the BAA, and its authorized representative accepts the BAA and these Terms on its behalf once; each supervising clinician and technician still signs the Data-Sharing Consent individually.
• The agency receives an agency code. Accounts linked to that code apply the agency's documentation rules in addition to the plan, the criteria and the insurer rules, and the agency's administrator can see, in the agency portal, the review records of the agency's own clients and the review statistics of its team, and can edit the agency's rules.
• The agency may hold one shared credit balance used by all of its supervisors.
• The agency is responsible for the authorizations described in Sections 3 and 7 for every clinician and client whose notes it uploads or sends.

12. Disclaimers — provided "AS IS"

THE QA SUITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABAIQ DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUTPUTS WILL BE ACCURATE, COMPLETE, CLINICALLY ADEQUATE, COMPLIANT, REIMBURSABLE, OR THAT ANY NOTE WILL PASS AN AUDIT.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABAIQ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE QA SUITE, EVEN IF ADVISED OF THE POSSIBILITY. ABAIQ'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE QA SUITE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID FOR THE QA SUITE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE THOUSAND U.S. DOLLARS (US$1,000). Nothing in these Terms limits liability that cannot be limited under applicable law, and this cap does not limit the cap and obligations stated in the BAA, which governs claims relating to PHI.

14. Indemnification

You agree to indemnify, defend, and hold harmless ABAIQ and its owners, officers, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the QA Suite; (b) the content of the notes you create, send, upload, or finalize; (c) your failure to obtain any required client or caregiver consent or authorization, or your lack of authority to disclose a client's PHI; (d) your violation of these Terms, the HIPAA Rules, or applicable law, or the rights of any third party; or (e) claims by your clients, their families, your organization, or any payer relating to your documentation or clinical decisions.

ABAIQ's indemnity. ABAIQ will likewise indemnify, defend, and hold harmless your organization from and against third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) to the extent they arise from ABAIQ's gross negligence or willful misconduct, or from ABAIQ's breach of the BAA, including a breach of unsecured PHI caused by ABAIQ, subject to the limitation of liability stated in the BAA.

Procedure. The party seeking indemnity will promptly notify the other in writing, allow the indemnifying party to control the defense with counsel of its choice, and provide reasonable cooperation at the indemnifying party's expense. Neither party may settle a claim in a way that imposes liability or an admission of fault on the other without that party's prior written consent.

15. Security

ABAIQ maintains administrative, technical, and physical safeguards appropriate to the PHI handled, including encryption in transit and at rest and access controls, and requires each party to electronically sign the Data-Sharing Consent before any PHI is transmitted. No method of transmission or storage is perfectly secure; we cannot guarantee absolute security. Breach-notification obligations are as stated in Section 4 and the BAA. ABAIQ's security practices are described at abaiq.ai/security.

16. Suspension and termination

We may suspend or terminate access to the QA Suite for violation of these Terms or to protect the security or integrity of the service. You may stop using the QA Suite and disconnect from any supervisor at any time. Unused credits are not refunded on termination, except where ABAIQ terminates without cause, in which case ABAIQ refunds the purchase price of the credits that remain unused.

17. Changes to these Terms

We will post any updated Terms at this page with a new version number and effective date and notify accounts in the QA Suite. A change that materially affects how PHI is handled, your obligations, or ABAIQ's liability requires that you read and accept the new version in-app before continuing to use the QA Suite; other changes take effect on continued use after the effective date.

18. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute informally by contacting support@abaiq.ai. Any dispute not resolved informally within thirty (30) days is subject to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.

19. Contact

Hybreu Digital LLC ("ABAIQ")
9555 SW 175th Terrace #799, Palmetto Bay, Florida 33157
Email: support@abaiq.ai  ·  Web: abaiq.ai