Terms of Use
These Terms of Use (the “Terms”) are an agreement between you and Behaivior Inc. (“Behaivior,” “Company,” “we,” “us,” or “our”). They govern your access to, purchase of, participation in, and use of Behaivior products, services, content, and programs made subject to these Terms (collectively, the “Services”). The Services include www.behaivior.com; recovery.behaivior.com; Recovery™ and other applications; provider, administrative, and support portals; software and connected-device functionality; and any other current or future Behaivior offerings made subject to these Terms.
By accessing or using the Services, registering an account, or affirmatively accepting these Terms, you agree to these Terms to the extent permitted by applicable law. If a parent, guardian, or other authorized representative accepts these Terms on behalf of a user, that person represents that they are authorized to do so. If you use the Services on behalf of an organization, you represent that you have authority to act for that organization to the extent of that use. If you do not agree, do not use the Services.
IMPORTANT: SECTION 12.2 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER, SUBJECT TO STATED EXCEPTIONS AND APPLICABLE LAW. SECTIONS 8 AND 9 INCLUDE DISCLAIMERS AND LIMITATIONS OF LIABILITY.
1. Access to the Services
1.1 Limited license
Subject to these Terms and any applicable separate agreement, Behaivior grants you a limited, revocable, non-exclusive, non-transferable license to access and use the software, content, and other licensed components of the Services, and permits your participation in the Services, for authorized personal, professional, clinical, organizational, educational, research, program-related, or other purposes permitted by Behaivior. This license does not transfer any ownership interest in the Services. All rights not expressly granted are reserved by Behaivior and its licensors. The license does not authorize resale, sublicensing, or other exploitation of the Services without Behaivior's permission.
1.2 Restrictions
Except as expressly authorized by Behaivior or permitted by applicable law, you may not: (a) sell, rent, lease, license, sublicense, redistribute, host, or otherwise commercially exploit the Services; (b) copy, modify, adapt, create derivative works from, decompile, disassemble, reverse engineer, or seek to derive their source code or nonpublic technology; (c) use the Services or their nonpublic content to develop or assist a competing product or service; (d) remove proprietary notices; (e) bypass security, access, usage, or technical restrictions; (f) access data, accounts, or systems without authorization; (g) scrape, harvest, or systematically extract data except as authorized; (h) use unauthorized bots, scripts, or other automated access; or (i) interfere with the security, performance, or availability of the Services. These restrictions do not prohibit activity that applicable law does not allow Behaivior to restrict.
1.3 Changes, availability, and support
Behaivior may, at its discretion, add, modify, suspend, replace, or discontinue any Service, program, offering, feature, educational material, event, personnel arrangement, device integration, or functionality, temporarily or permanently, with or without notice, subject to applicable law and any controlling written agreement. We do not guarantee that any particular feature, integration, provider connection, or Service will be continuously available.
Unless Behaivior expressly agrees otherwise in writing or applicable law requires otherwise, Behaivior is not obligated to provide any particular maintenance, technical support, onboarding assistance, response time, or service level. Behaivior is not liable for a change, interruption, or discontinuation of Services except to the extent liability cannot lawfully be excluded or is expressly assumed in a controlling written agreement.
1.4 Intellectual Property
The Services, including Behaivior's software, interfaces, design, text, graphics, trademarks, proprietary data structures, algorithms, models, methods, inventions, analyses, and enhancements, and all associated intellectual-property rights, are owned by or licensed to Behaivior, subject to rights in third-party materials and User Content. Nothing in these Terms gives you rights to those materials beyond the limited license expressly provided. Permitted processing of information through the Services does not, by itself, transfer ownership of Behaivior's technology, models, methods, or improvements to a user or participating organization.
2. Accounts and Authorized Use
The Services may be used by individuals of any age, subject to applicable law and any eligibility, authorization, or consent requirements applicable to the particular Service or program. Where legally required, a parent, guardian, or other legally authorized person must authorize use. Behaivior does not impose a general minimum age through these Terms.
You must provide accurate information when required, protect account credentials, and notify Behaivior of suspected unauthorized access. You are responsible for activity through your account to the extent permitted by applicable law. You must not access another person's account or information without authorization. Behaivior may establish, verify, or change access permissions and account requirements for particular Services or programs.
Access may be paid for, sponsored, arranged, or administered by a provider, employer, insurer, research institution, government entity, family member, or other person or organization. Behaivior may modify or end sponsored access, connections, or features when a relationship, authorization, eligibility, payment arrangement, or program changes. Information sharing is subject to applicable permissions, law, our Privacy Policy, and any applicable agreements.
3. User Content; Acceptable Use; Feedback
3.1 User Content
“User Content” means information, communications, responses, images, documents, and other materials you submit, enter, upload, transmit, or otherwise provide through the Services. To the extent permitted by applicable law, you are responsible for User Content you choose to provide and represent that you have any rights or permissions necessary to provide it. You must not falsely imply that Behaivior endorses content you provide.
By providing User Content, you grant Behaivior and its authorized service providers a non-exclusive, worldwide, royalty-free, fully paid, transferable and sublicensable license to access, store, host, reproduce, format, adapt, modify, process, analyze, transmit, display, distribute to authorized recipients, maintain, back up, secure, and otherwise use User Content for the provision, administration, operation, support, security, development, improvement, and lawful business activities of the Services, in each case subject to applicable law, the Privacy Policy, and any controlling agreement, consent, or authorization. The license lasts for as long as needed for these permitted purposes, including applicable retention, backup, compliance, research, and dispute-resolution purposes; any rights that cannot lawfully continue after a permitted deletion or revocation will end as required by law.
Behaivior may review, correct, reformat, modify, restrict, disable access to, remove, or delete User Content, with or without notice, for lawful operational, technical, security, product, legal, compliance, or other legitimate business reasons, subject to applicable law and any controlling agreement. Except where required by law or a controlling agreement, Behaivior is not obligated to store, preserve, back up, return, or provide uninterrupted access to User Content. You should retain copies of materials you wish to preserve where appropriate and legally permitted. Deletion or account termination may not immediately remove information from backups or records that must or may lawfully be retained.
Behaivior may create and use aggregated or properly de-identified information for analytics, research, product development and improvement, reporting, commercialization of lawful products and methods, and other lawful business purposes, to the extent permitted by applicable law, the Privacy Policy, and applicable agreements.
3.2 Acceptable Use Policy
You may not use the Services to upload, transmit, or otherwise make available material that (a) unlawfully infringes another person's intellectual property, confidentiality, privacy, or other rights; (b) is unlawful, fraudulent, threatening, harassing, abusive, defamatory, or intentionally misleading; (c) unlawfully exploits or harms a minor; (d) contains malicious code; or (e) otherwise violates applicable law or a binding obligation. You also may not impersonate others, interfere with another user's use of the Services, send unauthorized bulk messages, harvest personal information without authorization, compromise systems or data, or misuse connected accounts and permissions.
Behaivior may investigate suspected misuse and take action in its discretion, including modifying or removing content, restricting features or access, suspending or terminating accounts, preserving relevant evidence, and reporting unlawful activity where appropriate and permitted by law.
3.3 Feedback
If you provide suggestions, ideas, product proposals, improvements, comments, or other feedback about the Services (“Feedback”), you assign to Behaivior all assignable rights, title, and interest you may have in that Feedback, including intellectual-property rights. To the extent an assignment is ineffective, you grant Behaivior a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, adapt, develop, disclose, commercialize, and otherwise exploit that Feedback for any lawful purpose without compensation or attribution. Feedback does not include identifiable health information or other material merely because it is communicated to Behaivior; rights and restrictions relating to such information remain governed by applicable law, the Privacy Policy, and any controlling agreement.
3.4 Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Behaivior and its directors, officers, employees, agents, contractors, affiliates, successors, and assigns from third-party claims, damages, liabilities, losses, and reasonable costs and attorneys' fees arising out of or relating to your unlawful or unauthorized use of the Services, your breach of these Terms, your violation of another person's rights or applicable law, or User Content you provide, except to the extent such indemnification is prohibited by law or a claim results from conduct for which Behaivior cannot lawfully require indemnification. Behaivior may control the defense of a matter subject to indemnification; you agree to reasonably cooperate and not settle a claim that imposes obligations on Behaivior without Behaivior's written consent.
4. Services; Information; Alerts; Connected Parties
4.1 Nature and limitations of the Services
Availability and functionality of services and offerings may vary by device, account, program, organization, subscription, jurisdiction, and configuration. Data, insights, and other outputs may be incomplete, delayed, unavailable, or affected by missing data, device limitations, connectivity, user settings, or other factors. They do not guarantee outcomes. Unless expressly agreed or described otherwise for a particular offering, the Services do not replace professional medical advice, diagnosis, treatment, emergency response, or independently required professional judgment or care.
4.2 Alerts and emergencies
THE SERVICES ARE NOT AN EMERGENCY RESPONSE OR EMERGENCY MONITORING SERVICE UNLESS A PARTICULAR OFFERING EXPRESSLY STATES OTHERWISE. DO NOT RELY ON RECOVERY™, AN ALERT, A MESSAGE, OR A CONNECTED PERSON TO OBTAIN IMMEDIATE EMERGENCY ASSISTANCE. If you believe someone needs urgent help, contact appropriate emergency or crisis services or seek immediate professional assistance. In the United States, emergency resources may include 911 or 988, as appropriate.
4.3 Providers, supporters, and organizations
The Services may facilitate connections, communication, or information sharing with authorized persons or entities (“Connected Parties”). A connection or notification through the Services does not, by itself, establish a new clinical, professional, employment, fiduciary, custodial, or monitoring relationship or create a duty to review or respond. The duties of Connected Parties are determined by their separate relationships, obligations, laws, and agreements. Behaivior does not control the independent acts or omissions of Connected Parties and has no obligation to mediate disputes among users or Connected Parties, except as required by law or a controlling agreement.
5. Third-Party Services, Products, and Communications
The Services may integrate with third-party products or services. Behaivior does not control those third parties and does not guarantee their availability, accuracy, security, performance, interoperability, or continued compatibility. A third party may change, suspend, or discontinue functionality at any time. Your use of third-party products and services is subject to their applicable terms, permissions, and privacy policies, and you are responsible for required connectivity, equipment, permissions, and third-party charges unless otherwise expressly agreed.
Third-party links, advertising, or content, if any, are provided for convenience and are not endorsed or guaranteed by Behaivior unless expressly stated. Behaivior is not responsible for disputes, content, or interactions involving independent third parties, except as required by law.
Cookies, device identifiers, diagnostics, permissions, location information (where enabled), and other information are handled as described in the Privacy Policy and applicable permissions. Disabling permissions or connectivity may limit features.
6. Payments, Subscriptions, Trials, and Purchases
Some Services or products are free, some are paid for by third parties, and others require a subscription, one-time purchase, participation fee, or other payment. Prices, subscription periods, renewal terms, trial periods, included features, schedules, physical-product terms (if any), and other material transaction terms will be presented in the applicable offer or purchase process. By completing a purchase, you authorize Behaivior or the applicable authorized payment provider to charge the selected payment method on the disclosed terms.
A subscription may renew automatically, or a free or discounted trial may convert into a paid subscription only where disclosed and authorized through the applicable enrollment or checkout process. Unless canceled in accordance with the applicable process and deadline, authorized recurring charges may continue for successive periods. Cancellation generally prevents subsequent renewal charges and does not retroactively reverse a completed billing period. The applicable purchase channel may determine how a subscription is canceled. Deleting an account or uninstalling the app does not, by itself, cancel a subscription.
Except where required by applicable law or expressly stated in the applicable offer or purchase terms, all completed sales and payments are final and non-refundable, including for unused periods or early cancellation. Behaivior may issue discretionary credits or refunds without creating any obligation to issue them in other cases. Behaivior may change prices and offerings. Promotional offers, gift cards, courses, paid sessions, events, device bundles, or physical products may be subject to additional applicable terms. Third-party sponsorship or payment does not guarantee continued access after the underlying arrangement ends.
7. Privacy and Data Handling
Please review Behaivior's Privacy Policy, available through www.behaivior.com, which describes its personal-information practices. Depending on the Service and context, information may also be governed by applicable terms and documents. Where applicable, those requirements govern the information they cover. Behaivior may retain, return, delete, de-identify, or otherwise handle information as permitted or required by law, the Privacy Policy, and controlling agreements. No provision of these Terms requires Behaivior to destroy information it is legally or contractually obligated or permitted to retain.
8. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BEHAIVIOR AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND CONTINUOUS AVAILABILITY, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.
Where law imposes nonwaivable warranties, those warranties apply to the extent required by law. Any express warranty or service-level obligation specifically undertaken in a controlling written agreement remains subject to that agreement.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BEHAIVIOR NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS WILL BE LIABLE FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL; COSTS OF SUBSTITUTE SERVICES; OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEHAIVIOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED FIFTY U.S. DOLLARS (US $50). MULTIPLE CLAIMS DO NOT INCREASE THIS LIMIT. Neither these limits nor the disclaimers above apply to the extent prohibited by applicable law. A separate written organizational agreement may establish different limitations for claims between Behaivior and that organization. Nothing in these Terms limits any nonwaivable statutory remedy.
10. Term and Termination
These Terms remain in effect while you use the Services and, as applicable, afterward. Behaivior may, in its discretion and for any lawful reason, suspend, restrict, modify, or terminate access to all or part of the Services or any account at any time, with or without notice, subject to applicable law and any controlling written agreement. Reasons may include suspected misuse, nonpayment, security risks, operational considerations, termination of a program or organizational relationship, or discontinuation of a Service; no stated example limits Behaivior's discretion.
Following termination, access may end immediately, and information may be retained, returned, deleted, de-identified, or otherwise handled subject to applicable law, the Privacy Policy, and controlling agreements. Behaivior is not liable for lawful termination or resulting unavailability of access or content except where liability cannot lawfully be excluded or is expressly assumed in a controlling written agreement. Provisions concerning intellectual property, Feedback, permitted retention, indemnification, disclaimers, limitations of liability, dispute resolution, and other provisions that by their nature should survive will survive termination.
11. Copyright Policy
Behaivior respects intellectual-property rights and may remove material or restrict or terminate access for actual or suspected infringement, including repeat infringement, where appropriate. If you believe material available through the Services infringes a copyright that you own or are authorized to enforce, send a written notice to the contact address below identifying: (a) the copyrighted work; (b) the allegedly infringing material and its location; (c) your name and contact information; (d) your physical or electronic signature; (e) a statement of good-faith belief that the disputed use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and you own or are authorized to act for the owner of the allegedly infringed right.
Copyright notices: Behaivior Inc., 6401 Penn Avenue, 3rd Floor, Pittsburgh, PA 15206; hello@behaivior.com. If Behaivior maintains a designated agent under 17 U.S.C. § 512, the separately published agent information and applicable statutory procedures govern formal notices. Knowingly material misrepresentations in statutory copyright notices may result in liability under applicable law.
12. General
12.1 Changes to Terms
Behaivior may revise these Terms from time to time. Behaivior reserves the right to modify these Terms at any time. Updated Terms will be made available through the Services, on Behaivior's website, or by other means selected by Behaivior. We may provide additional notice of changes as we determine appropriate or as required by applicable law. Unless otherwise specified, changes will take effect on the effective date indicated in the updated Terms. Continued use of the Services after that date constitutes acceptance of the revised Terms to the extent permitted by applicable law.
12.2 Dispute resolution; arbitration; class-action waiver
Informal notice. Before commencing arbitration, the claiming party must send written notice identifying the dispute and requested relief. Notices to Behaivior must be sent to the address or email in Section 12.8, marked “Legal Dispute.” The parties will have 30 days after receipt to attempt informal resolution before filing arbitration, except when immediate relief is authorized below, or law requires otherwise.
Individual arbitration. Except for eligible individual small-claims actions and the exceptions below, disputes arising from these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules. For a consumer transaction, the then-current AAA Consumer Arbitration Rules and Mediation Procedures and applicable consumer fee schedule apply; for a commercial dispute not otherwise governed by a separate agreement, the applicable AAA Commercial Arbitration Rules apply. If AAA cannot administer the proceeding, the parties will select another appropriate neutral provider, or a court with jurisdiction may appoint one where permitted. A single neutral arbitrator will preside unless applicable rules or law require otherwise. Hearings and participation will be conducted as permitted by the applicable rules and law, including remote procedures when available. The Federal Arbitration Act applies to interpretation and enforcement of this arbitration agreement to the extent applicable.
Small claims and court relief. Either party may bring an eligible individual claim in small claims court. Either party may seek temporary or emergency equitable relief from a court of competent jurisdiction to protect intellectual-property rights, confidential information, security, systems, data, or the status quo pending a merits determination. Claims alleging infringement or misappropriation of patents, copyrights, trademarks, or trade secrets may be brought in a court of competent jurisdiction where permitted by law. Any other nonarbitrable claims may proceed in a court with proper jurisdiction.
Individual proceedings. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate individual claims or adjudicate class or representative claims except by written agreement of the parties or as required by law. To the extent legally permitted, the parties waive a jury trial for claims subject to arbitration and for claims properly litigated in court.
Authority and survival. The arbitrator may award relief available to an individual claimant under applicable law and the applicable rules and must issue an award as required by those rules. A court with jurisdiction may enter judgment. This arbitration agreement survives termination. If a portion is unenforceable, it will be severed or limited to the extent permitted by law without invalidating the remainder, except where applicable law requires a different result. Where an applicable separate organizational contract contains dispute terms, that contract controls disputes between the parties to that contract.
12.3 Governing law and venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania, excluding conflict-of-law rules, except as required by other applicable law. For matters properly litigated in court and not governed by another written agreement, the parties consent to the jurisdiction of state and federal courts serving Allegheny County, Pennsylvania, except where mandatory law requires otherwise.
12.4 Export and legal compliance
You agree not to access, use, export, re-export, or transfer the Services or related technology in violation of applicable export control, sanctions, or other laws. You represent that you are not legally prohibited from receiving or using the Services.
12.5 Electronic communications
To the extent permitted by law, you agree that legal notices and other communications relating to your use of the Services may be provided electronically and satisfy applicable writing requirements. You are responsible for keeping required contact information current. Marketing communications remain subject to separately applicable consent and opt-out laws.
12.6 Relationship; assignment; severability; waiver
Nothing in these Terms creates a partnership, employment, joint venture, agency, or franchise relationship. You may not transfer or assign rights under these Terms without Behaivior's written consent, except where applicable law requires otherwise. Behaivior may assign or transfer these Terms, including in connection with a financing, reorganization, merger, acquisition, change of control, or sale of assets, subject to applicable law. A failure to enforce a provision is not a waiver. If a provision is invalid, the remainder remains effective to the extent permitted by law. Section headings are for convenience; “including” means “including without limitation.”
12.7 Entire agreement; third-party beneficiaries
These Terms, with additional terms expressly applicable to a particular Service or transaction and subject to any controlling written agreement, state the agreement governing your use of the Services. Except where expressly stated or required under applicable app-store terms, they do not create enforceable rights in nonparties.
12.8 Contact information
Behaivior Inc.
6401 Penn Avenue, 3rd Floor
Pittsburgh, PA 15206
Email: hello@behaivior.com
12.9 California Consumer Information
Where required by California law, California residents may contact the California Department of Consumer Affairs, Consumer Information Center, 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834; telephone (800) 952-5210.
12.10 Copyright and trademarks
Copyright © Behaivior Inc. All rights reserved. Behaivior, Recovery™, and related names, logos, branding, and marks are owned by Behaivior or their respective owners. No permission to use any mark is granted except as expressly authorized in writing or otherwise permitted by law.