Terms of Service, HIPAA User Responsibility & Liability Acknowledgement Agreement

1. Parties & Acceptance

This Terms of Service, HIPAA User Responsibility & Liability Acknowledgement Agreement ("Agreement") is a legally binding contract between:

• HYBREU DIGITAL LLC, a Florida limited liability company, owner and operator of ABAIQ ("Company", "We", "Us"); and
• You, the individual or entity creating an account or accessing ABAIQ ("User", "You").

ABAIQ is an AI-powered product consisting of a browser extension, web platform, and related services (collectively, the "Service") designed to assist qualified healthcare professionals in generating ABA session documentation.

By creating an account, clicking "I Agree," or accessing or using ABAIQ in any manner, you represent that:

• You have read and fully understand this Agreement;
• You have the legal authority to enter into this Agreement on your own behalf or on behalf of your organization;
• You agree to be fully and personally bound by every term and condition herein;
• You understand that this Agreement transfers significant legal responsibility to you as the User.

What the Service is. ABAIQ and the ABAIQ QA Suite use artificial intelligence to generate and review draft clinical documentation. All output is a draft: you are responsible for reviewing, editing, finalizing and signing every note, and you retain full and sole clinical responsibility. The Service is not an EHR, EMR, system of record, or medical device, and does not provide medical, clinical, legal, or professional advice. The Service is designed to be consistent with the Council of Autism Service Providers ("CASP") Practice Parameters for Artificial Intelligence Use in Applied Behavior Analysis; this reflects the Company's own practices and does not imply CASP endorsement or certification. You are solely responsible for, and the ultimate decision-maker in, all client care.

Agency Agreement. If you use ABAIQ through an organization that has signed a written Agency Agreement with HYBREU DIGITAL LLC, that agreement controls over this Agreement to the extent they conflict. No other signed license is required to use the Service; this Agreement, accepted electronically, is the contract between you and the Company.

2. Company HIPAA Compliance Disclosure

HYBREU DIGITAL LLC has entered into fully executed Business Associate Agreements ("BAAs") with the third-party providers that may process data on its behalf, including its artificial intelligence (AI) providers and Amazon Web Services, Inc. ("AWS"), which hosts the Service's backend on HIPAA-eligible infrastructure.

ABAIQ operates its AI processing under a Zero Data Retention configuration, meaning its AI providers do not store, log, or use any data transmitted through the Service for model training purposes, in accordance with the terms of those BAAs.

The Service's backend that processes clinical session data is hosted on AWS HIPAA-eligible infrastructure under a Business Associate Addendum with AWS.

Notwithstanding the foregoing, the Company's HIPAA compliance covers only the Company's internal systems, configurations, and direct operations. It does NOT extend to cover the User's independent actions, downstream use of outputs, patient relationships, professional obligations, or any activities occurring outside the Company's direct control.

2A. Business Associate Agreement Available to You

Separately from the BAAs the Company maintains with its own providers (described above), the Company makes a Business Associate Agreement available to you (the "Customer BAA"), under which HYBREU DIGITAL LLC, doing business as ABAIQ, will act as your "business associate," and you act as a "covered entity" or "business associate," as those terms are defined under HIPAA, with respect to Protected Health Information you process through the Service. The Customer BAA is available to review at https://abaiq.ai/baa.html.

Under HIPAA, you are responsible for ensuring that a business associate agreement is in place with each business associate that creates, receives, maintains, or transmits Protected Health Information on your behalf. Accordingly, if you use the Service to process Protected Health Information, it is your responsibility to review and accept the Customer BAA. You accept it by checking the acceptance box during registration, and, before using the QA Suite, by opening it, reading it to the end and accepting it in the QA Suite e-sign flow. When the Company publishes a materially revised version of the Customer BAA, you must accept the revised version before continuing to process Protected Health Information through the Service.

Only users who have affirmatively accepted the Customer BAA are covered by it. If you do not accept the Customer BAA, ABAIQ does not act as your business associate, and you are solely responsible for any consequences of processing Protected Health Information through the Service without a business associate agreement in place. For users who have accepted it, the Customer BAA controls to the extent it conflicts with these Terms regarding the handling of Protected Health Information. The Customer BAA does not diminish, replace, or waive your obligations or sole responsibility for HIPAA compliance set forth elsewhere in this Agreement, including without limitation Sections 2, 3, and 5.

2B. Optional QA Suite (Supervisory Review)

ABAIQ offers an optional feature, the ABAIQ QA Suite, that lets you send a completed session note to a supervising clinician for AI-assisted documentation-quality review. Unlike the base note-writing feature, the QA Suite transmits and retains the notes you send, together with their AI evaluation and any supervisor feedback, on BAA-covered AWS infrastructure, encrypted in transit and at rest. Notes sent from the extension carry only client initials, never full names; notes a supervisor uploads for batch review (Tasks) are exported from the organization's record and carry the client's name, which the QA Suite uses only to file the note under the right client. Both parties must electronically sign a Supervision & QA Data-Sharing Consent before any note is shared. The QA Suite is paid by credits: one credit per note reviewed, with one hundred (100) credits included once in an active Premium subscription. Your use of the QA Suite is governed by the separate ABAIQ QA Suite Terms of Use, which apply in addition to these Terms and control for the QA Suite to the extent they conflict with these Terms as to how the QA Suite handles Protected Health Information.

3. Technology & Infrastructure Limitations Disclosure

By using ABAIQ, you expressly acknowledge and agree that:

• Data transmitted through any digital service, including ABAIQ, travels through internet infrastructure, servers, networks, browser technologies, and platform integrations that are subject to inherent technical risks beyond the complete control of HYBREU DIGITAL LLC;
• No digital transmission of data can be guaranteed to be 100% secure at all times, and despite all reasonable safeguards employed by the Company, the possibility of unauthorized interception, breach, or data loss exists as an inherent characteristic of internet-based technology;
• The host platform or website through which you access ABAIQ operates its own independent infrastructure, and while such platform maintains its own HIPAA compliance, data flowing through that platform's infrastructure is subject to that platform's own terms, policies, and technical limitations;
• You voluntarily assume all risks associated with transmitting any information, including Protected Health Information ("PHI"), through digital infrastructure in connection with your use of ABAIQ;
• HYBREU DIGITAL LLC shall not be liable for any loss, breach, unauthorized access, or compromise of data that occurs outside of the Company's direct and controlled systems.

4. User Professional Qualifications & Representations

By creating an account and using ABAIQ for any healthcare-related activity, you represent, warrant, and confirm that:

• You hold all licenses, certifications, credentials, and authorizations required by your state and applicable federal law to perform the healthcare activities for which you intend to use ABAIQ;
• Your use of ABAIQ is within the scope of your professional licensure and practice;
• You will not use ABAIQ to perform or support any healthcare activity for which you are not licensed, certified, or authorized;
• You understand that HYBREU DIGITAL LLC has no ability to independently verify your credentials, and that any false representation of your qualifications is a material breach of this Agreement for which you bear sole liability.

HYBREU DIGITAL LLC expressly disclaims any responsibility or liability arising from the use of ABAIQ by unqualified, unlicensed, or unauthorized individuals. If you misrepresent your qualifications, you assume complete and exclusive liability for all consequences thereof.

5. User HIPAA Obligations & Sole Responsibility

You, as the User, are solely and exclusively responsible for ensuring that your use of ABAIQ complies fully with the Health Insurance Portability and Accountability Act of 1996, the HITECH Act of 2009, and all regulations promulgated thereunder (collectively "HIPAA"), as well as all applicable state health information privacy laws.

You specifically represent, warrant, and agree to each of the following, and acknowledge that violation of any one of them constitutes a material breach of this Agreement for which you bear sole liability:

Patient Authorizations & Consents

• Before inputting any PHI into ABAIQ, you have obtained all necessary patient authorizations, consents, and permissions required by HIPAA (including 45 C.F.R. § 164.508 where applicable) and all applicable state laws;
• You have documented all such authorizations and consents and can produce them upon request;
• You will promptly update your use of the Service if any patient revokes or modifies their authorization;
• HYBREU DIGITAL LLC bears zero responsibility for your failure to obtain proper patient consent prior to processing PHI through ABAIQ

Minimum Necessary Standard

• You will comply with HIPAA's minimum necessary standard (45 C.F.R. § 164.502(b)) and input only the minimum amount of PHI necessary to accomplish your intended purpose;
• You will not input any PHI into ABAIQ beyond what is strictly required for your specific, authorized use case.

Safeguards

• You maintain all administrative, physical, and technical safeguards required by the HIPAA Security Rule (45 C.F.R. §§ 164.302–164.318) within your own organization and practice;
• You are solely responsible for securing the device, network, and environment through which you access ABAIQ;
• You may share PHI through the Service with your supervisor and with the health care providers who treat the same client, as a disclosure for treatment or health care operations permitted by 45 C.F.R. § 164.506, within the scope your organization has authorized;
• You will immediately notify HYBREU DIGITAL LLC at support@abaiq.ai of any actual or suspected security incident, breach, or unauthorized access involving PHI that arises in connection with your use of the Service.

State Law Compliance

• You are solely responsible for understanding and complying with all state health information privacy laws applicable to your practice, jurisdiction, and patient population, including laws that are more restrictive than federal HIPAA;
• By using ABAIQ, you represent that your use complies with all applicable federal and state laws governing health information privacy in your jurisdiction;
• HYBREU DIGITAL LLC makes no representation that ABAIQ satisfies the requirements of any specific state law, and it is your sole responsibility to confirm compliance with your state's requirements.

6. Downstream Use & Third Party Responsibility

You acknowledge and agree that you are solely and exclusively responsible for any and all use, sharing, transmission, storage, application, or disclosure of outputs generated by ABAIQ ("Outputs") after those Outputs are delivered to you.

"Downstream Parties" means any individual, entity, organization, system, or platform that receives, accesses, or is affected by Outputs from ABAIQ through your actions, including but not limited to: colleagues, supervisors, patients, insurance companies, billing departments, electronic health record systems, referral providers, legal representatives, and any other third parties.

With respect to all Downstream Parties, you represent, warrant, and agree that:

• You have obtained all necessary authorizations, consents, and permissions required by HIPAA and applicable state law before sharing any Output containing or derived from PHI with any Downstream Party;
• You have entered into or will enter into all required written agreements, including Business Associate Agreements where legally required, with any Downstream Party that receives PHI-containing Outputs from ABAIQ through your actions;
• You are solely responsible for ensuring that every Downstream Party who receives Outputs from ABAIQ through you understands and complies with all applicable HIPAA and state law obligations;
• You will NOT share any Output containing PHI with any Downstream Party who is not authorized to receive such information under HIPAA and applicable law;
• You understand that HYBREU DIGITAL LLC has no visibility into, control over, or responsibility for what you do with Outputs after they are delivered to you, and that all downstream liability arising from your sharing or use of Outputs falls exclusively on you;
• You will indemnify, defend, and hold harmless HYBREU DIGITAL LLC from any and all claims, damages, penalties, fines, or legal actions arising from your downstream use or sharing of Outputs.

7. AI Transparency & No Substitution for Professional Judgment

You acknowledge and agree that ABAIQ is an AI-powered product and that all outputs are AI-generated. You specifically agree that:

• You will NEVER represent, suggest, or imply to any patient, colleague, Downstream Party, insurance company, regulatory body, or any other person or entity that any Output from ABAIQ was produced, generated, reviewed, or approved by a human professional;
• You will always disclose the AI-generated nature of any Output to any party who relies on or acts upon that Output, where such disclosure is required by law or professional ethics;
• ABAIQ is not a medical device, is not FDA-cleared or approved for clinical diagnosis, and is not intended to substitute for the independent professional judgment, clinical assessment, diagnosis, or treatment decisions of a licensed healthcare provider;
• You assume complete and sole professional responsibility for any clinical, billing, coding, research, or other healthcare decision made in reliance on or in connection with any Output from ABAIQ;
• HYBREU DIGITAL LLC is not responsible or liable for any advice, diagnosis, treatment decision, billing determination, clinical research conclusion, or any other professional outcome arising from your use of ABAIQ outputs.

8. Input Accuracy & Patient Matching Responsibility

You are solely responsible for:

• The accuracy, completeness, and integrity of all information you input into ABAIQ;
• Ensuring that any PHI you input is correctly and accurately matched to the correct patient, and that Outputs are returned to and used only in connection with the correct patient;
• Any errors, mismatches, or inaccuracies in patient matching that result from information you provide or actions you take;
• Verifying the accuracy and appropriateness of all Outputs before applying them in any clinical, professional, or administrative context.

HYBREU DIGITAL LLC expressly disclaims all liability for errors, inaccuracies, or omissions in Outputs that result from inaccurate, incomplete, or incorrectly matched information provided by the User.

9. Indemnification & Hold Harmless

You agree to fully indemnify, defend, and hold harmless HYBREU DIGITAL LLC, its members, managers, officers, employees, agents, successors, and assigns (collectively "Indemnified Parties") from and against any and all claims, demands, lawsuits, investigations, regulatory actions, damages, losses, costs, fines, penalties, and expenses — including reasonable attorneys' fees — arising out of or related to:

• Your violation of any provision of this Agreement;
• Your violation of HIPAA or any applicable state health information privacy law;
• Your failure to obtain required patient authorizations or consents;
• Your downstream use, sharing, or disclosure of any Output;
• Your misrepresentation of your professional qualifications;
• Your failure to ensure Downstream Party compliance;
• Any clinical, professional, billing, or administrative decision you make in connection with ABAIQ outputs;
• Any breach of patient confidentiality arising from your use of the Service;
• Any third-party claim arising from your use of ABAIQ

This indemnification obligation shall survive the termination of this Agreement indefinitely.

10. Limitation of Company Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYBREU DIGITAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ABAIQ, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, PATIENT HARM, PROFESSIONAL SANCTIONS, REGULATORY FINES, OR BUSINESS INTERRUPTION.

THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO ACCESS ABAIQ IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

11. Prohibited Uses

You expressly agree that you will NOT use ABAIQ to:

• Process PHI through any service, integration, or platform outside the approved Eligible Services under the Company's BAAs with its providers;
• Share access credentials, account access, or Outputs with unauthorized individuals;
• Attempt to reverse engineer, decompile, or extract the underlying technology of ABAIQ;
• Use the Service in violation of any applicable federal, state, or local law or regulation;
• Represent AI-generated outputs as human-generated to any party;
• Use the Service for any purpose outside your licensed professional scope;
• Input PHI belonging to individuals for whom you have not obtained proper authorization;
• Use the Service to generate fraudulent, fabricated, or misleading clinical documentation;
• Introduce viruses, malware, or other harmful code into the Service;
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure.

12. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Any dispute arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida. You hereby consent to personal jurisdiction in such courts.

In any dispute, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.

13. General Provisions

Entire Agreement. This Agreement, together with the Company's Privacy Policy, Security & Development Practices, the Business Associate Agreement you accept, the QA Suite Terms of Use if you use the QA Suite, and any Agency Agreement signed with the Company, constitutes the entire agreement between the parties regarding your use of ABAIQ and supersedes all prior understandings.

Severability. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

No Waiver. Failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement.

Updates. HYBREU DIGITAL LLC reserves the right to update this Agreement at any time. Each version is posted with its effective date. A revision that materially changes how Protected Health Information is handled, your obligations, or the Company's liability requires your acceptance in the Service before continued use; continued use of ABAIQ following notice of any other update constitutes acceptance of the revised terms.

Survival. Sections 5, 6, 7, 9, 10, and 12 shall survive termination of this Agreement.

Intellectual Property

The ABAIQ Service, including but not limited to its software, code, algorithms, design, user interface, branding, trademarks, and documentation, is the exclusive intellectual property of Hybreu Digital LLC. All rights are reserved. Clinical notes generated by the Service using your session inputs belong to you. You retain full ownership of the content of any notes produced based on your clinical data. You may not copy, modify, distribute, sell, or create derivative works of the Service itself, in whole or in part, without prior written consent from Hybreu Digital LLC.

Subscription & Payments

ABAIQ offers subscription plans with varying note generation limits. By subscribing to a paid plan, you agree to the following:

• You will pay the applicable subscription fees as displayed at the time of purchase.
• Subscriptions renew automatically at the end of each billing cycle unless you cancel before the renewal date.
• Unused note credits do not roll over to the next billing period.
• All fees are quoted and charged in U.S. dollars unless otherwise specified.
• Payment is processed securely through our third-party payment provider. We never store, access, or see your full credit card number.
• All payments are final and non-refundable. Because ABAIQ provides a free tier of 5 notes that lets you fully evaluate the Service before any payment (no credit card required), all paid subscriptions and add-on purchases are final once the charge is processed, including charges resulting from selecting the wrong plan or billing interval. Refunds are not issued. See the Cancellation Policy below for how to stop future renewals.
• We reserve the right to change subscription pricing with at least 30 days' advance notice to active subscribers.
• QA Suite credits. The QA Suite is paid by credits: one (1) credit per note reviewed, from the extension or in batch review. An active Premium subscription includes one hundred (100) credits, granted once. Additional credits are sold in packs at the prices shown at purchase; they never expire, add to your balance, do not include note generation, and are final and non-refundable once processed. Auto-recharge, if you enable it, charges the saved payment method for the pack you selected whenever your balance falls below your threshold, until you turn it off. Credit terms are detailed in the QA Suite Terms of Use.

Cancellation Policy

ABAIQ provides a free tier with 5 notes so you can evaluate the product before committing to a paid plan. Once you subscribe to a paid plan:

• You may cancel your subscription at any time from your Dashboard.
• Upon cancellation, your subscription remains active until the end of your current billing cycle. You will continue to have full access to your remaining notes and all features during this period.
• No refunds are issued, and all payments are final. Since the free tier allows you to fully test the product before purchasing, all paid subscriptions are considered final and non-refundable for the active billing cycle, regardless of how many notes have been used.
• Monthly plans are final for the full 30-day period from the activation date. Annual plans are final for the full 12-month period from the activation date. No partial, prorated, or month-by-month refunds are issued for the unused portion of an annual plan. If an annual plan is selected by mistake, the plan remains active for the full 12-month term and a different plan may only be selected after the annual cycle expires.
• After the current billing cycle ends, you will not be charged again and your account will revert to the free tier.
• Unused note credits do not carry over after your plan expires.
• By completing the checkout for any paid plan (monthly or annual), you confirm that you have read, understood, and accepted this Cancellation Policy in full, including the commitment period associated with the specific plan you selected.

Service Availability & Termination

We strive to maintain high availability of the Service but do not guarantee uninterrupted, continuous, or error-free access. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that you have violated this Agreement. You may cancel your account at any time by contacting us at support@abaiq.ai. Upon termination, your right to use the Service ceases immediately, unused note credits are forfeited and non-refundable, and account data will be retained for 30 days following a deletion request before permanent deletion.

Third-Party Platforms

ABAIQ operates as an independent browser-based tool that may function alongside third-party practice management systems and clinical platforms. ABAIQ is not affiliated with, endorsed by, sponsored by, or officially connected to any third-party practice management system, EHR platform, or clinical software provider. You are solely responsible for ensuring that your use of ABAIQ complies with the terms of service of any third-party platform. ABAIQ does not guarantee continuous compatibility with any third-party platform.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYBREU DIGITAL LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT IS INHERENTLY SUBJECT TO LIMITATIONS AND THAT ALL GENERATED NOTES REQUIRE PROFESSIONAL CLINICAL REVIEW BEFORE USE.

14. Digital Acceptance & Legally Binding Acknowledgement

BY CREATING AN ACCOUNT ON ABAIQ, THE USER EXPRESSLY ACKNOWLEDGES, CERTIFIES, AND AGREES THAT:

• The act of creating an account on ABAIQ — including completing the registration process and clicking any button associated with account creation, including but not limited to "Create Account," "Sign Up," "Register," or "I Agree" — constitutes the User's full, voluntary, and legally binding acceptance of this entire Agreement.
• The User certifies that, prior to creating their account, they were presented with, had the opportunity to read, and did read this Agreement in its entirety. The User's decision to proceed with account creation serves as their affirmative certification that they have read, understood, and agree to every term, condition, obligation, restriction, and liability provision contained herein.
• The User agrees and acknowledges that this method of digital acceptance — account creation — is legally sufficient, valid, and enforceable as a binding contract under applicable federal and Florida state law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Florida Electronic Signature Act (Fla. Stat. § 668.001 et seq.), and carries the same full legal force and effect as a handwritten signature on a paper contract.
• At the moment of account creation, ABAIQ automatically records and retains the User's timestamp of acceptance, email address, IP address, device information, and account credentials as a permanent electronic record of this Agreement. The User expressly consents to this recordkeeping and agrees that such records constitute legally sufficient and admissible evidence of their acceptance of this Agreement in any legal, regulatory, or administrative proceeding.
• The User waives any right to claim that their account creation did not constitute acceptance of this Agreement, that they were unaware of the terms of this Agreement, or that this method of acceptance is insufficient or unenforceable.

15. Contact Us

For questions or concerns about this Agreement, please contact us:

Hybreu Digital LLC (DBA ABAIQ)
Email: support@abaiq.ai

© HYBREU DIGITAL LLC — ABAIQ™ — ALL RIGHTS RESERVED — GOVERNED BY FLORIDA LAW