These Messaging Terms & Conditions("Terms") govern your use of our SMS/MMS text messaging services("Services") provided by New Patterns ABA ("we,""us," or "our"). By providing your mobile phone number onour website or opting in via SMS (e.g., replying "START"), you agreeto these Terms, our Messaging Privacy Policy, and our general Terms of Service.These Terms form a binding agreement.
Our Services are for ABA therapycommunications only and comply with HIPAA, the Telephone Consumer ProtectionAct (TCPA), and CTIA guidelines.
1. Description of Services
● Message Types: You may receivenon-promotional, transactional messages related to your child's ABA therapy,such as appointment reminders, session confirmations, billing alerts, andgeneral updates.
● Frequency: Variable, based on account activity(typically 1-4 messages per month). No marketing messages without separateconsent.
● Content Limits: Messages will not includesensitive PHI. We may send links to secure portals for detailed information.
2. Eligibility and Consent
● Eligibility: You must be 18+ or a legalguardian, have a compatible mobile device, and use a participating U.S. carrierwith SMS/MMS enabled.
● Consent: By opting in, you provide expresswritten consent to receive automated messages (including via auto-dialer) atthe provided number. Consent is voluntary and not required for therapyservices.
● HIPAA Acknowledgment: You understand SMS isnot fully secure and consent to limited PHI transmission after being warned ofrisks (e.g., interception). We will accommodate reasonable requests foralternative secure methods.
3. Opt-Out and Opt-In
● Opt-Out: Reply "STOP" tounsubscribe. We will send a confirmation and cease messages (except forone-time opt-out reply). Opt-out is processed within 24 hours.
● Opt-In: Reply "START" to re-enroll.
● HELP: Reply "HELP" for instructionsor contact support.
● Revocation: You may revoke consent anytime,but urgent messages (e.g., cancellations) may still be sent for safety.
4. Costs and Carriers
● Rates: Standard message and data rates applyper your carrier's plan (contact your provider for details). We are notresponsible for carrier fees.
● Supported Carriers: Most major U.S. carriers(e.g., AT&T, Verizon, T-Mobile). Check our website for the full list.
● Delivery: We are not liable for delayed,undelivered, or misdirected messages due to carrier issues, network outages, ordevice problems.
5. Prohibited Use
● You agree not to use the Servicesfor illegal purposes, spam, or unauthorized sharing of PHI.
● We may suspend or terminate accessif we suspect misuse or violation of these Terms.
6. Disclaimers and Limitations
● No Warranty: Services are provided "asis." We disclaim warranties for accuracy, timeliness, or uninterrupteddelivery.
● Liability: To the fullest extent permitted bylaw, we are not liable for indirect, incidental, or consequential damages(e.g., from undelivered reminders). Our total liability shall not exceed $100.
● HIPAA Compliance: Messages comply with HIPAAvia secure platforms and BAAs, but you assume SMS transmission risks.
7. Changes and Termination
● We may modify these Terms orServices at any time. Changes will be posted online; continued use constitutesacceptance.
● We may terminate Services fornon-compliance, carrier changes, or at our discretion.
8. Governing Law and Dispute Resolution
These Terms are governed by the laws ofNew York, without regard to conflict principles. Disputes shall be resolvedthrough binding arbitration in Rockland County under AAA rules, except forsmall claims. No class actions.
By opting in, you confirm you areauthorized to provide the phone number and agree to these Terms.