TERMS AND CONDITIONS
Key Essentials to Behavior Management, Corp.
Last Updated: [Insert Date]
Effective Date: [Insert Date]
Welcome to Key Essentials to Behavior Management, Corp!
These are the terms and conditions for:
https://www.keyessentialsbm.com
https://www.kebmcorp.com
The following terms and conditions apply to the websites, products and services offered by Key Essentials to Behavior Management, Corp (KEBM) and KEBM The Sensory Spot. This includes the mobile and tablet versions as well as any other version of Key Essentials to Behavior Management, Corp accessible via desktop, mobile, tablet, social media or other devices.
The use of the websites and the purchase of the products and services from such websites, means that you agree to these terms and conditions as set out below (hereinafter referred to as "Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION, SERVICES OR PRODUCTS.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Key Essentials to Behavior Management, Corp. By using Key Essentials to Behavior Management, Corp, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should leave Key Essentials to Behavior Management, Corp websites and discontinue use of the services immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Key Essentials to Behavior Management, Corp. You agree to be bound by any modification to this agreement when you use Key Essentials to Behavior Management, Corp after any such modification is posted; it is therefore important that you review this Agreement regularly.
You represent and warrant that your use of the services does not violate any applicable law or regulation. Key Essentials to Behavior Management, Corp may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the services and the websites is revoked in such jurisdictions.
By using the services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
2. SERVICES
2.1 ABA Therapy Services
We provide intensive ABA services to families which includes utilizing evidence based practices to reduce inappropriate maladaptive behavior and increase behavior analytic knowledge for consumers and caregivers. Our ABA program is designed to address skill domains such as, but not limited to, behavior skills training (BST), receptive language, expressive language, daily living skills, community integration and social skills.
2.2 S.O.C.I.A.L. P.O.D.S. Program
Key Essentials to Behavior Management, Corp offers the S.O.C.I.A.L. P.O.D.S. (Systematic Organizational Consistency In Applied Learning - Personalized Outcome-Driven Services) program, a structured therapeutic approach that provides individualized ABA therapy in small group settings. The S.O.C.I.A.L. P.O.D.S. program is designed to:
Deliver personalized, evidence-based ABA therapy in a collaborative peer environment
Foster social skills development through structured peer interactions
Provide consistent therapeutic support across multiple skill domains
Create outcome-driven treatment plans tailored to each participant's unique needs
Maintain low therapist-to-client ratios to ensure quality individualized attention within the group setting
Program Structure: S.O.C.I.A.L. P.O.D.S. groups are carefully composed based on participants' ages, skill levels, and therapeutic goals. Each pod is led by qualified behavior analysts and trained therapists who implement individualized treatment plans while facilitating positive peer interactions.
Participation Requirements: Participation in S.O.C.I.A.L. P.O.D.S. requires:
Completion of initial assessment and evaluation
Approval from qualified behavior analyst (BCBA)
Active parent/guardian participation in treatment planning
Commitment to the recommended schedule and attendance
Compliance with program guidelines and behavioral expectations
2.3 Training and Coaching Services
We offer comprehensive DIY (do it yourself) courses, in-person training and 1:1/group coaching options to best fit your desired learning style.
Click on the following links to learn more about our services:
https://www.keyessentialsbm.com/services
https://www.kebmcorp.com/#
For more information about our services, including the S.O.C.I.A.L. P.O.D.S. program, please contact us through our contact page or our contact information, our customer service team will be attentive and available to answer your questions and concerns.
3. DISCLAIMER
The information contained in the websites and the resources available through the courses and services are for educational and informational purposes only.
By accessing the services, programs and courses, you accept personal responsibility for the results of your actions. You agree to assume full responsibility for any damage or harm you suffer as a result of the use or non-use of the information and services available on the websites. You agree to use your judgment and conduct due diligence before taking any action or implementing any program or advice suggested or recommended through the services and the websites.
By accessing the websites and the content available in the courses, you accept personal responsibility for the results of using the information available on the content. You agree that Key Essentials to Behavior Management, Corp has not guaranteed the results of any actions taken, whether or not advised by the websites or the content. Key Essentials to Behavior Management, Corp provides resources and content for informational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond Key Essentials to Behavior Management, Corp' control.
3.1 S.O.C.I.A.L. P.O.D.S. Program Specific Disclaimers
No Guaranteed Outcomes: While the S.O.C.I.A.L. P.O.D.S. program is designed using evidence-based practices, Key Essentials to Behavior Management, Corp does not guarantee specific therapeutic outcomes, skill acquisition timelines, or behavioral improvements. Each participant's progress depends on multiple factors including but not limited to: individual characteristics, family involvement, consistency of participation, severity of needs, and generalization of skills outside the therapeutic setting.
Clinical Judgment: Pod placement and composition are determined by qualified behavior analysts using clinical judgment and assessment data. Key Essentials to Behavior Management, Corp reserves the right to reassign participants to different pods, modify pod composition, or recommend alternative service delivery models based on ongoing assessment and clinical need.
Group Setting Considerations: The S.O.C.I.A.L. P.O.D.S. program involves group activities with peer participants. While we maintain appropriate supervision and safety protocols, parents/guardians acknowledge that group settings carry inherent risks including peer conflicts, modeling of inappropriate behaviors, and variable attention from therapists compared to 1:1 sessions. Key Essentials to Behavior Management, Corp will implement appropriate behavior management strategies but cannot guarantee prevention of all peer-related incidents.
Schedule Changes: S.O.C.I.A.L. P.O.D.S. scheduling may be subject to change based on staffing availability, facility needs, pod composition requirements, or other operational considerations. We will provide reasonable notice of schedule changes when possible.
Termination of Services: Key Essentials to Behavior Management, Corp reserves the right to terminate participation in the S.O.C.I.A.L. P.O.D.S. program if: (a) participant's behavior poses safety risks to self, peers, or staff that cannot be adequately managed within the group setting; (b) parent/guardian fails to comply with program requirements or engage in the treatment process; (c) participant would be better served by alternative service delivery models; or (d) clinical team determines continued participation is not in the participant's best interest.
Key Essentials to Behavior Management, Corp may cancel any sale and not provide courses and services if it is reasonable to do so and may change or discontinue the availability of services, courses, or programs (including S.O.C.I.A.L. P.O.D.S.) at any time in its sole discretion. If an order is cancelled, any payment made for products will be refunded in full. This does not affect your statutory rights.
The digital products offered on the websites are for personal use only, the commercial license is not included. The right to exploit the product and the commercial license can only be granted with written authorization from Key Essentials to Behavior Management, Corp.
4. ACCOUNT AND SECURITY
If you register on Key Essentials to Behavior Management, Corp, you will be required to choose a password and username, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Key Essentials to Behavior Management, Corp of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user's account without prior authorization from Key Essentials to Behavior Management, Corp. Key Essentials to Behavior Management, Corp will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Key Essentials to Behavior Management, Corp with your email address and phone number you consent to our use of your email address and phone number to send you notices about the service and products (newsletter), including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails or text messages, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or by texting "STOP" in response to mobile text messages. Opting out may prevent you from receiving emails and text messages about updates, news or offers.
5. SMS/TEXT MESSAGE TERMS AND CONDITIONS
5.1 SMS Program Overview
Key Essentials to Behavior Management, Corp (KEBM) and KEBM The Sensory Spot offer an optional SMS/text messaging program to provide you with important updates, reminders, and information related to our services.
5.2 Consent and Opt-In
By providing your mobile phone number and checking the SMS consent checkbox on our forms, or by texting a keyword to opt-in, you expressly consent to receive recurring automated marketing and transactional text messages from KEBM at the mobile number provided. These messages may include but are not limited to:
Account Notifications: Account creation, security alerts, login verification
Customer Care: Responses to inquiries, support updates
Delivery Notifications: Appointment reminders, session confirmations, schedule changes
Marketing: Promotional offers, new service announcements, educational content
Events: Event invitations, reminders, registration confirmations
Consent is not a condition of purchase. You may opt out at any time and still receive our services.
5.3 Message Frequency
Message frequency varies depending on your interaction with our services and the categories you've opted into. You may receive:
Account notifications as needed
Customer care messages in response to your inquiries
Delivery notifications based on your scheduled appointments (typically 1-3 per appointment)
Marketing messages approximately 4-8 per month
Event messages based on events you've registered for or expressed interest in
5.4 Message and Data Rates
Standard message and data rates may apply. Check with your mobile carrier for details. KEBM is not responsible for any charges from your carrier.
5.5 Supported Carriers
This service is available on most major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and regional carriers. Service availability may vary by carrier and location.
5.6 Opt-Out and Help
To Opt-Out: Text "STOP" to any message from us or text STOP to +1 (833) 381-3168. You will receive a confirmation message. After opting out, you will no longer receive text messages from us unless you re-opt-in.
For Help: Text "HELP" to +1 (833) 381-3168 or contact us at (909) 755-5220 or admin@keyessentialsbm.com.
5.7 User Responsibilities
You agree to:
Provide accurate and current mobile phone number information
Notify us immediately if your mobile number changes
Accept responsibility for all charges incurred from your mobile carrier
Comply with all applicable laws regarding text message communications
You represent and warrant that:
You are the account holder or have authorization from the account holder to receive text messages at the number provided
You are 18 years of age or older, or have parental/guardian consent if under 18
The mobile number you provide is not on any state or federal Do Not Call registry (or you consent to receive messages despite such registration)
5.8 Our Rights and Responsibilities
KEBM reserves the right to:
Modify or terminate the SMS program at any time with or without notice
Change message frequency or content
Use third-party service providers to deliver messages
Suspend or terminate service to any user who violates these Terms
KEBM will:
Honor opt-out requests promptly (within one message or 24 hours)
Maintain the confidentiality of your mobile number per our Privacy Policy
Comply with all applicable telecommunications laws and regulations including TCPA and CTIA guidelines
5.9 Liability and Disclaimers for SMS
KEBM is not liable for:
Delayed or undelivered messages due to carrier issues or technical problems
Any charges from your mobile carrier
Unauthorized access to messages on your device
Messages sent to a wrong number due to inaccurate information you provided
SMS messages are provided "as is" without warranty of any kind. While we strive for accurate and timely delivery, we cannot guarantee that all messages will be delivered or received.
5.10 SMS Data and Privacy
Your mobile phone number and related SMS data are subject to our Privacy Policy, available at [insert privacy policy URL]. We do not sell or share your mobile number with third parties for their marketing purposes. For complete details on how we collect, use, and protect your SMS information, please review our Privacy Policy.
5.11 Compliance
Our SMS program complies with:
Telephone Consumer Protection Act (TCPA)
CAN-SPAM Act
Federal Communications Commission (FCC) regulations
CTIA Messaging Principles and Best Practices
State consumer protection laws
6. AI AGENTS AND AUTOMATED RECEPTIONIST SERVICES
6.1 AI-Powered Services Overview
Key Essentials to Behavior Management, Corp (KEBM) and KEBM The Sensory Spot may utilize artificial intelligence (AI) agents, automated receptionist services, chatbots, and other AI-powered tools (collectively, "AI Services") to enhance customer service, streamline communications, and improve your experience with our services.
6.2 Types of AI Services
Our AI Services may include, but are not limited to:
AI Receptionist/Virtual Receptionist:
Automated phone answering and call routing
Initial intake and information gathering
Appointment scheduling and rescheduling
Frequently asked questions (FAQ) responses
Business hours information and location details
AI Chatbots and Messaging Assistants:
Website chat support
Text message automation and responses
Email auto-responses and triage
Social media message handling
AI Voice Agents:
Interactive voice response (IVR) systems
Voice-to-text transcription
Automated appointment reminders via phone
Follow-up calls for satisfaction surveys
AI Administrative Assistants:
Document processing and form completion assistance
Data entry and record management
Scheduling coordination
Information retrieval and summary generation
6.3 How AI Services Work
When you interact with our AI Services, the system may:
Collect information you provide during the interaction
Analyze your input using natural language processing
Access relevant data from our systems to provide appropriate responses
Route your inquiry to human staff when necessary
Record interactions for quality assurance and training purposes
Learn from interactions to improve service quality over time
Human Oversight: All AI Services operate under human supervision. Complex inquiries, sensitive matters, clinical decisions, and situations requiring professional judgment will be escalated to appropriate human staff members.
6.4 When You're Interacting with AI
Disclosure: We will make reasonable efforts to inform you when you are interacting with an AI agent rather than a human staff member. This may include:
Automated disclosures at the beginning of phone calls
Clear labeling in chat interfaces
Identification in text or email communications
Voice characteristics that indicate automated systems
Limitations: AI Services have limitations and may not always:
Understand complex or nuanced requests
Handle emergency situations appropriately
Provide the same level of empathy as human staff
Access all information available to human staff
Make clinical or professional judgments
6.5 Your Consent to AI Interactions
By using our services, contacting us, or providing your contact information, you consent to:
Interact with our AI Services
Have your communications processed by AI systems
Receive automated responses via phone, email, text, or chat
Have interaction data used to improve AI performance
You retain the right to:
Request to speak with a human staff member at any time
Opt out of certain AI interactions where alternatives are available
Provide feedback about AI Service quality
Decline to provide information to AI systems
6.6 Data Collection and Use by AI Services
Information AI Services May Collect:
Your name, contact information, and account details
The content of your communications (voice, text, chat)
Interaction metadata (date, time, duration, device information)
Preferences and historical interaction patterns
Feedback and satisfaction ratings
How We Use AI Interaction Data:
To provide and improve the AI Services
To train and optimize AI algorithms
To analyze service quality and customer satisfaction
To identify technical issues and system improvements
To comply with legal and regulatory requirements
To protect against fraud and abuse
Data Retention: AI interaction data will be retained in accordance with our Privacy Policy and applicable legal requirements. Voice recordings may be retained for quality assurance, training, and compliance purposes.
6.7 AI Service Accuracy and Reliability
No Guarantee of Accuracy: While we strive for accuracy, AI Services may occasionally:
Provide incorrect or incomplete information
Misunderstand your requests
Generate responses that require human verification
Experience technical errors or outages
Clinical Decisions: AI Services do NOT provide:
Clinical diagnoses or treatment recommendations
Professional behavioral analysis or assessments
Medical advice or emergency services
Substitute for licensed professional judgment
For Clinical Matters: Always consult with qualified BCBA staff or healthcare professionals for matters related to ABA therapy, treatment plans, behavioral assessments, or any clinical decisions.
6.8 Emergency Situations
AI Services are NOT for emergencies. If you are experiencing a medical or behavioral emergency:
Call 911 immediately
Contact your physician or local emergency services
Go to the nearest emergency room
If you disclose an emergency situation to an AI Service, the system will attempt to direct you to appropriate emergency resources, but you should not rely on AI Services for emergency assistance.
6.9 Voice Recording and Call Monitoring
When you interact with our AI voice services or phone systems:
Calls may be recorded for quality assurance, training, and compliance purposes
Recordings may be analyzed by AI systems to improve service quality
Recordings may be reviewed by human staff as needed
You will receive notification at the beginning of recorded calls
Your Consent: By continuing a call after the recording notification, you consent to the recording and analysis of your call.
6.10 Third-Party AI Service Providers
We may use third-party AI platforms and service providers to deliver AI Services. These providers:
Are contractually obligated to protect your information
Process data only as needed to provide services
Comply with applicable privacy and security standards
May include providers such as conversational AI platforms, voice technology providers, and chatbot services
Examples of potential third-party AI providers (subject to change):
Conversational AI platforms (e.g., Google Dialogflow, Amazon Lex, OpenAI)
Voice AI services (e.g., voice transcription and synthesis services)
Chatbot platforms
Customer service automation tools
For a current list of AI service providers we use, please contact us.
6.11 Your Rights Regarding AI Services
You have the right to:
Request Human Interaction:
Ask to speak with a human representative at any time
Decline to continue an AI interaction
Escalate matters to human staff
Access Your Data:
Request copies of AI interaction records
Review information collected during AI interactions
Request corrections to inaccurate information
Opt-Out:
Decline certain AI services where human alternatives exist
Request that your data not be used for AI training (may limit service quality)
Withdraw consent for non-essential AI interactions
Provide Feedback:
Report AI service issues or errors
Rate AI interaction quality
Suggest improvements
6.12 AI Service Limitations and Disclaimers
AI Services are provided "as is" without warranties of any kind. We do not guarantee that AI Services will:
Be available at all times without interruption
Be error-free or provide perfectly accurate information
Meet all your specific needs or expectations
Respond appropriately to all types of inquiries
Understand all accents, languages, or communication styles
We are not liable for:
Errors, omissions, or inaccuracies in AI-generated responses
Actions taken based on AI-provided information
Technical failures or outages of AI Services
Misunderstandings or miscommunications with AI
Delays in routing to human staff when needed
Any damages arising from your use of or reliance on AI Services
6.13 Changes to AI Services
We reserve the right to:
Add, modify, or discontinue AI Services at any time
Change AI service providers
Update AI capabilities and features
Adjust how AI Services operate
Modify data collection and usage practices related to AI
We will update our Terms and Conditions and Privacy Policy to reflect material changes to AI Services and will provide reasonable notice where required by law.
6.14 AI Ethics and Responsible Use
KEBM is committed to ethical and responsible use of AI technology:
Fairness: We strive to ensure AI Services do not discriminate based on protected characteristics and provide equitable service to all users.
Transparency: We aim to be clear about when and how AI is being used in our services.
Privacy: We implement appropriate security measures to protect data processed by AI Services.
Accountability: We maintain human oversight of AI Services and take responsibility for their operation.
Safety: We continuously monitor AI Services to prevent harmful outputs or behaviors.
6.15 Prohibited Uses of AI Services
You agree NOT to:
Attempt to manipulate, exploit, or circumvent AI Services
Use AI Services for illegal purposes or to violate others' rights
Deliberately provide false information to AI Services
Attempt to extract training data or reverse-engineer AI systems
Use AI Services to harass, spam, or abuse our systems
Impersonate others when interacting with AI Services
Attempt to cause AI Services to generate harmful, illegal, or inappropriate content
6.16 AI-Generated Content
Any content generated by AI Services (such as summaries, suggestions, or automated responses):
Is provided for informational purposes only
Should not be considered professional advice
May require verification by qualified human staff
Is subject to the limitations and disclaimers in this section
Remains the property of KEBM unless otherwise specified
6.17 Feedback and Complaints About AI Services
If you experience issues with our AI Services or wish to provide feedback:
Contact Us:
Phone: (909) 755-5220
Email: admin@keyessentialsbm.com
Request to speak with a manager or supervisor
Submit feedback through our website contact form
We Welcome Your Input On:
AI service quality and accuracy
Technical issues or errors
Suggestions for improvement
Concerns about AI interactions
Requests for human alternatives
6.18 Compliance with Laws and Regulations
Our AI Services comply with applicable laws and regulations, including:
California Consumer Privacy Act (CCPA)
Americans with Disabilities Act (ADA) accessibility requirements
Telecommunications regulations
Healthcare privacy laws (where applicable)
Consumer protection laws
AI-specific regulations as they emerge
7. HIPAA COMPLIANCE
7.1 HIPAA Covered Entity Status
Key Essentials to Behavior Management, Corp (KEBM) and KEBM The Sensory Spot are covered entities under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). We comply with all applicable provisions of the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule.
7.2 Protected Health Information (PHI)
When you receive ABA therapy or other healthcare services from KEBM, we create, receive, maintain, and transmit Protected Health Information (PHI) about you. This PHI is subject to strict federal privacy and security protections under HIPAA.
7.3 Notice of Privacy Practices
Upon beginning services with KEBM, you will receive our Notice of Privacy Practices, which provides detailed information about:
How we use and disclose your PHI
Your rights under HIPAA
Our legal duties and privacy practices
How to file a privacy complaint
Our Notice of Privacy Practices is incorporated by reference into these Terms and Conditions. By using our services, you acknowledge receipt of our Notice of Privacy Practices.
7.4 Consent for Treatment, Payment, and Healthcare Operations
By agreeing to these Terms and receiving services from KEBM, you consent to our use and disclosure of your PHI for:
Treatment: Providing, coordinating, and managing your ABA therapy and related healthcare services
Payment: Billing activities, insurance claims processing, and collection activities
Healthcare Operations: Quality improvement, staff training, business management, and compliance activities
This consent is ongoing and remains in effect unless you revoke it in writing, though revocation will not affect disclosures already made.
7.5 Authorizations for Other Uses
For uses and disclosures of your PHI beyond treatment, payment, and healthcare operations, we will obtain your written authorization. You have the right to revoke any authorization at any time by providing written notice, though revocation does not affect actions already taken based on the authorization.
7.6 Your HIPAA Rights
You have specific rights under HIPAA including the right to:
Access and obtain copies of your PHI
Request amendments to your PHI
Receive an accounting of certain disclosures
Request restrictions on uses and disclosures
Request confidential communications
Receive notification of breaches
File complaints without retaliation
Detailed information about exercising these rights is provided in our Notice of Privacy Practices.
7.7 Minimum Necessary
In accordance with HIPAA, we use, disclose, and request only the minimum amount of PHI necessary to accomplish the intended purpose, except when the disclosure is for treatment purposes or when otherwise required or permitted by law.
7.8 Business Associates
We may disclose your PHI to Business Associates who perform services on our behalf (such as billing companies, IT vendors, or attorneys). All Business Associates sign agreements requiring them to protect your PHI in accordance with HIPAA.
7.9 Personal Representatives
For minors receiving ABA services, parents and legal guardians typically serve as personal representatives under HIPAA and have the right to access and make decisions regarding the minor's PHI, subject to applicable state law.
7.10 HIPAA and Electronic Communications
When we communicate with you electronically (via email, text, patient portal, or other means), we implement appropriate security measures. However, you acknowledge that electronic communications carry inherent security risks, and you consent to electronic communications about your PHI when you provide your contact information and opt in to such communications.
For details on how we handle PHI in SMS/text messages, see Section 5 of these Terms.
For details on how AI services handle PHI, see Section 6 of these Terms.
7.11 HIPAA and Group Therapy Settings
The S.O.C.I.A.L. P.O.D.S. program and other group therapy settings involve some limitations on privacy given the group nature of services. While we maintain HIPAA compliance, participants may observe other participants' behaviors and hear their names during sessions. Detailed information about privacy in group settings is provided in Section 26 (S.O.C.I.A.L. P.O.D.S. Program Terms).
7.12 Security Safeguards
KEBM implements physical, technical, and administrative safeguards to protect your PHI, including:
Secure facilities and controlled access
Encrypted electronic health records systems
Employee training and access controls
Regular security assessments
Incident response procedures
Despite these safeguards, no system is completely secure, and we cannot guarantee absolute security of PHI.
7.13 Breach Notification
In the event of a breach of your unsecured PHI, we will notify you as required by the HIPAA Breach Notification Rule, conduct an investigation, take corrective action, and notify appropriate authorities as required by law.
7.14 Privacy Complaints
If you believe your HIPAA privacy rights have been violated, you may file a complaint with:
Our Privacy Officer (contact information in Section 27)
The U.S. Department of Health and Human Services, Office for Civil Rights
You will not be retaliated against in any way for filing a privacy complaint.
7.15 Changes to Privacy Practices
We reserve the right to change our privacy practices as described in our Notice of Privacy Practices. Any changes will be effective for PHI we already have as well as PHI we receive in the future. Updated Notices will be made available on our website and at our clinic locations.
7.16 State Law
Where California or other applicable state laws provide greater privacy protections than HIPAA, we will comply with those state law requirements.
7.17 HIPAA and Marketing
We will not use or disclose your PHI for marketing purposes without your written authorization, except as permitted under HIPAA (such as face-to-face marketing communications or promotional gifts of nominal value).
7.18 Sale of PHI
We will not sell your PHI without your written authorization, except as permitted under applicable law.
8. ACCOUNT DELETION AND TERMINATION
The users may terminate their accounts any time, for any reason, by following the instructions on Key Essentials to Behavior Management, Corp. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Key Essentials to Behavior Management, Corp, including your mobile phone number and SMS preferences.
Key Essentials to Behavior Management, Corp reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Key Essentials to Behavior Management, Corp believes that you have breached any of these terms, furnished Key Essentials to Behavior Management, Corp with false or misleading information, or interfered with use of the websites or the service by others.
9. PRICES
Key Essentials to Behavior Management, Corp. reserves the right to determine pricing for services and courses. Key Essentials to Behavior Management, Corp will make reasonable efforts to keep pricing information published on the websites up to date. We encourage you to check our websites periodically for current pricing information. Key Essentials to Behavior Management, Corp may change the fees for any service, including additional fees or charges. Key Essentials to Behavior Management, Corp, at its sole discretion, may make promotional offers with different features and different pricing to any of Key Essentials to Behavior Management, Corp users.
10. PAYMENTS
All payments to Key Essentials to Behavior Management, Corp are handled securely. The services, programs and courses will be paid through "PayPal" and "Stripe" (payment platforms available on the websites). Payment will be debited from your credit card, debit card or PayPal account immediately on you placing the order for the service you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services. Key Essentials to Behavior Management, Corp reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.
11. THIRD-PARTY MATERIALS
"Third-Party Materials" means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
12. COPYRIGHT
The content and copyrights of the courses are the exclusive property of Key Essentials to Behavior Management, Corp or its respective content owners, who grant the respective license to publish and use the content through the courses and the websites. Key Essentials to Behavior Management, Corp owns all text, images, videos, blog entries, reports, trademarks and other materials contained in the courses. No content may be duplicated without the express written consent of Key Essentials to Behavior Management, Corp.
All materials on the websites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Key Essentials to Behavior Management, Corp or by third parties that have licensed or otherwise provided their material to the websites. You acknowledge and agree that all Materials on the websites are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Key Essentials to Behavior Management, Corp prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize the websites or any part of the material for any purpose other than its intended purposes is strictly prohibited.
13. COPYRIGHT COMPLAINTS
Key Essentials to Behavior Management, Corp respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the "Key Essentials to Behavior Management, Corp" websites infringe upon your copyright or other intellectual property right, please send the following information to admin@keyessentialsbm.com:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Key Essentials to Behavior Management, Corp may find it on the "Key Essentials to Behavior Management, Corp" websites. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
14. PROHIBITED ACTIVITIES
The content and information available on the websites (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Key Essentials to Behavior Management, Corp or licensed to the "Key Essentials to Behavior Management, Corp" by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or services obtained from or through the websites.
Additionally, when using our services including the S.O.C.I.A.L. P.O.D.S. program, you agree not to:
i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Key Essentials to Behavior Management, Corp;
ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
iii. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the Services;
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. Deep-link to any portion of the services for any purpose without our express written permission;
vi. "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Key Essentials to Behavior Management, Corp in connection with the services;
viii. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content;
ix. Download any content unless it's expressly made available for download by Key Essentials to Behavior Management, Corp;
x. Use automated systems to send text messages or otherwise abuse our SMS program;
xi. Provide false or misleading contact information, including mobile phone numbers you do not own or control;
xii. Use the SMS service to harass, spam, or send unsolicited messages to others;
xiii. Photograph, video record, or audio record other participants, staff, or facilities without express written permission from Key Essentials to Behavior Management, Corp;
xiv. Share confidential information about other S.O.C.I.A.L. P.O.D.S. participants on social media or with unauthorized third parties;
xv. Disrupt therapeutic activities or interfere with the delivery of services to other participants;
xvi. Bring unauthorized individuals to therapy sessions or program facilities;
xvii. Engage in threatening, harassing, or abusive behavior toward staff, other participants, or other families;
xviii. Misrepresent participant's behaviors, diagnosis, or treatment needs for purposes of insurance fraud or unauthorized benefits.
15. DISCLAIMER OF WARRANTIES
Key Essentials to Behavior Management, Corp will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet and SMS/text messaging services, Key Essentials to Behavior Management, Corp provides and maintains the websites and SMS services on an "as is", "as available" basis and makes no promise that use of the websites or SMS services will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services or SMS services for any reason beyond our control.
Our websites may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the websites or SMS services in breach of these terms you will be liable to and will reimburse Key Essentials to Behavior Management, Corp for any loss or damage caused as a result.
Key Essentials to Behavior Management, Corp will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, mobile carrier issues, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Key Essentials to Behavior Management, Corp excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Key Essentials to Behavior Management, Corp and Key Essentials to Behavior Management, Corp shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on Key Essentials to Behavior Management, Corp;
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the websites or any product or service purchased through the websites;
Any loss or damage resulting from your use or the inability to use the web site or SMS services or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
Delayed, undelivered, or misdirected text messages;
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the websites, or from transmissions via emails, text messages, or attachments received from Key Essentials to Behavior Management, Corp;
All representations, warranties, conditions and other terms which but for this notice would have effect.
16. THIRD PARTIES
Key Essentials to Behavior Management, Corp contains Content of third-party licensors to Key Essentials to Behavior Management, Corp, which is protected by copyright, trademark, patent, trade secret and other laws. Key Essentials to Behavior Management, Corp owns and retains all rights, title and interest in the Content. Key Essentials to Behavior Management, Corp hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the content and any third party Content located on or available through Key Essentials to Behavior Management, Corp or service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Key Essentials to Behavior Management, Corp and using the services.
Any dealings with third parties included within or on Key Essentials to Behavior Management, Corp involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Key Essentials to Behavior Management, Corp is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Key Essentials to Behavior Management, Corp does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Key Essentials to Behavior Management, Corp or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Key Essentials to Behavior Management, Corp is provided to you for informational purposes only. Key Essentials to Behavior Management, Corp encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Key Essentials to Behavior Management, Corp works to ensure the information on Key Essentials to Behavior Management, Corp is current and accurate.
SMS Service Providers: We use third-party SMS service providers to deliver text messages. These providers are contractually obligated to protect your information and use it only for providing messaging services on our behalf. Their terms and privacy policies may also apply to the SMS services.
17. SECURITY COMPONENTS
You understand that Key Essentials to Behavior Management, Corp and software embodied within Key Essentials to Behavior Management, Corp may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Key Essentials to Behavior Management, Corp and/or content providers who provide content to Key Essentials to Behavior Management, Corp platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Key Essentials to Behavior Management, Corp.
18. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Key Essentials to Behavior Management, Corp for failed, partial or garbled computer transmissions, text messages, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability, mobile carrier availability, or for traffic congestion or unauthorized human act, including any errors or mistakes.
19. INDEMNIFICATION
You agree to defend and indemnify Key Essentials to Behavior Management, Corp from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the "Key Essentials to Behavior Management, Corp" websites, SMS services, and services.
Your provision of false or misleading contact information.
Your misuse of the SMS program or violation of telecommunications laws.
20. CHANGES AND TERMINATION
We may change the websites, SMS program, and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site or SMS services constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users and take effect immediately. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email or text message) or without any warning.
21. PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the services and the use of the websites, including your mobile phone number and PHI, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy at [insert privacy policy URL].
For details on how we handle Protected Health Information (PHI), see Section 7 (HIPAA Compliance) of these Terms and our Notice of Privacy Practices.
22. ASSIGNMENT
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Key Essentials to Behavior Management, Corp without restriction.
23. INTEGRATION CLAUSE
This Agreement together with the Privacy Policy and any other legal notices published by Key Essentials to Behavior Management, Corp, shall constitute the entire agreement between you and Key Essentials to Behavior Management, Corp concerning and governs your use of the websites, SMS services, and services.
24. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the services or SMS program, will be settled by binding arbitration between you and Key Essentials to Behavior Management, Corp, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
25. HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
26. FINAL PROVISIONS
These Terms are governed by the USA laws. Use of our websites and SMS services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
27. S.O.C.I.A.L. P.O.D.S. PROGRAM TERMS
26.1 Program Enrollment and Assessment
Enrollment in the S.O.C.I.A.L. P.O.D.S. program requires:
Initial Assessment: All participants must complete a comprehensive assessment conducted by a Board Certified Behavior Analyst (BCBA) to determine appropriateness for the program, identify therapeutic goals, and determine optimal pod placement.
Informed Consent: Parents/guardians must provide informed consent acknowledging understanding of:
The group-based nature of services
Individualized treatment plan goals and methods
Data collection and progress monitoring procedures
Potential risks and benefits of group therapy settings
Financial obligations and insurance billing procedures
Medical/Developmental Documentation: Parents/guardians may be required to provide relevant medical records, psychological evaluations, educational assessments, or other documentation to support treatment planning.
26.2 Parent/Guardian Responsibilities
Parents/guardians participating in the S.O.C.I.A.L. P.O.D.S. program agree to:
Attendance and Punctuality: Ensure participant arrives on time for scheduled sessions and attends consistently. Chronic tardiness or absences may result in pod reassignment or program termination.
Communication: Maintain open communication with the clinical team, respond to requests for information or meetings within reasonable timeframes, and notify staff immediately of any significant changes in participant's health, behavior, or circumstances.
Treatment Plan Collaboration: Actively participate in treatment planning meetings, provide input on goals and priorities, and implement recommended strategies in home and community settings to support skill generalization.
Behavioral Support: Follow behavior support plans and recommendations provided by the clinical team, maintain consistency across settings, and refrain from implementing contradictory or unauthorized interventions.
Financial Obligations: Maintain current payment or valid insurance authorization for services, provide updated insurance information as needed, and fulfill financial responsibilities per service agreements.
Program Guidelines: Comply with all program policies including but not limited to: arrival/departure procedures, health and safety requirements, cancellation policies, and behavioral expectations for parents/guardians during program hours.
26.3 Participant Behavioral Expectations
While we understand that participants are receiving services to address behavioral challenges, certain baseline expectations must be maintained to ensure safety and therapeutic benefit:
Safety Requirements: Participants must not engage in behaviors that pose imminent safety risks to themselves, peers, or staff that cannot be adequately managed within the group setting despite implementation of behavior intervention plans.
Therapeutic Engagement: Participants are expected to participate in therapeutic activities to the best of their ability, even if initially resistant. Chronic complete refusal to engage may result in recommendation for alternative service models.
Peer Interactions: While we work to improve social behaviors, participants must demonstrate potential for safe peer interaction. Persistent severe aggression toward peers despite intervention may necessitate program modifications.
26.4 Data Collection and Progress Monitoring
Consent to Data Collection: By enrolling in S.O.C.I.A.L. P.O.D.S., parents/guardians consent to ongoing data collection on participant behavior, skill acquisition, and progress toward treatment goals. This data is used for treatment planning, insurance authorization, and program evaluation.
Video/Photo Recording: The program may utilize video recording for staff training, supervision, and treatment analysis purposes. Parents/guardians will be notified and must provide separate written consent for any recording that will be used beyond internal clinical purposes.
Progress Reports: Key Essentials to Behavior Management, Corp will provide regular progress updates per insurance requirements or as otherwise agreed upon. The frequency and format of reporting will be specified in the service agreement.
26.5 Confidentiality in Group Settings
Peer Privacy: Parents/guardians agree to maintain confidentiality regarding other participants in the pod, including but not limited to: names, behaviors observed, personal information shared, or any other identifying information about peers.
HIPAA Compliance: While Key Essentials to Behavior Management, Corp maintains strict HIPAA compliance, parents/guardians acknowledge that the group setting creates some inherent limitations to absolute privacy. Participants may observe peers' behaviors and hear their names during normal group activities.
Social Media and Photography: Parents/guardians agree not to photograph, video record, or post on social media about other participants without explicit written permission from those participants' parents/guardians and Key Essentials to Behavior Management, Corp.
26.6 Pod Assignment and Composition Changes
Clinical Discretion: Pod assignments are made using clinical judgment considering factors including but not limited to: age, developmental level, behavioral profile, social skills, therapeutic goals, and scheduling availability.
Pod Changes: Key Essentials to Behavior Management, Corp reserves the right to reassign participants to different pods based on:
Changes in participant's therapeutic needs or progress
Peer dynamics and social compatibility
Staffing changes or availability
Operational considerations
Clinical recommendations for optimal therapeutic benefit
Notice of Changes: We will provide reasonable advance notice of pod changes when clinically appropriate, though immediate changes may be necessary in certain circumstances to ensure safety or therapeutic appropriateness.
26.7 Cancellation and Attendance Policies
Advance Notice Required: Parents/guardians must provide [specify notice period, e.g., 24 hours] advance notice for session cancellations. Failure to provide adequate notice may result in charges per the service agreement.
Make-Up Sessions: Make-up sessions for participant-initiated cancellations are provided at Key Essentials to Behavior Management, Corp's discretion based on availability and may not always be possible due to pod scheduling constraints.
Provider Cancellations: If Key Essentials to Behavior Management, Corp cancels a session due to staffing, facility issues, or other operational reasons, we will offer a make-up session or credit as appropriate.
Chronic Absences: Excessive absences may result in:
Reevaluation of treatment plan and appropriateness of services
Pod reassignment to accommodate more consistent participants
Insurance authorization challenges
Recommendation for alternative service delivery models
26.8 Fee Structure and Billing
Service Rates: S.O.C.I.A.L. P.O.D.S. program fees are established per the service agreement and may differ from traditional 1:1 ABA therapy rates.
Insurance Billing: Services will be billed to insurance using appropriate CPT codes for group therapy services. Parents/guardians are responsible for understanding their insurance benefits, including coverage for group services, copays, deductibles, and out-of-pocket maximums.
Insurance Authorization: Continued services are contingent upon valid insurance authorization. Parents/guardians must assist in providing information needed for authorization renewals.
Private Pay: For participants not using insurance, payment is due per the agreed-upon schedule outlined in the service agreement.
Rate Changes: Key Essentials to Behavior Management, Corp reserves the right to adjust rates with [specify notice period, e.g., 30 days] advance written notice.
26.9 Limitation of Liability for S.O.C.I.A.L. P.O.D.S.
In addition to the general limitations of liability outlined elsewhere in these Terms, Key Essentials to Behavior Management, Corp specifically disclaims liability for:
Peer-Related Incidents: Injuries or property damage resulting from peer interactions, despite implementation of appropriate supervision and safety protocols.
Skill Generalization: Failure of skills learned in the pod setting to generalize to home, school, or community environments.
Behavioral Regression: Temporary increases in challenging behaviors that may occur as part of the therapeutic process or due to factors outside the control of the program.
Program Outcomes: Specific rates of skill acquisition, behavioral reduction, or achievement of particular milestones, as these depend on multiple individual factors.
Third-Party Actions: Actions or omissions of other participants, their parents/guardians, or other families enrolled in the program.
26.10 Program Termination
Either party may terminate participation in the S.O.C.I.A.L. P.O.D.S. program with written notice per the service agreement.
KEBM-Initiated Termination: Key Essentials to Behavior Management, Corp may terminate services immediately if:
Participant's behavior poses ongoing safety risks that cannot be managed
Parent/guardian fails to fulfill responsibilities outlined in Section 26.2
Financial obligations are not met per the service agreement
Parent/guardian engages in threatening, harassing, or abusive behavior toward staff
Falsification of information or insurance fraud is discovered
Clinical team determines services are not clinically appropriate or beneficial
Parent-Initiated Termination: Parents/guardians may discontinue services at any time with written notice. Outstanding financial obligations remain due upon termination.
Transition Support: Upon program termination, Key Essentials to Behavior Management, Corp will provide reasonable assistance with transition planning, including recommendations for alternative services when appropriate and provision of treatment records per HIPAA requirements.
28. CONTACT US
If you have questions or concerns about these terms, including our SMS program, please contact us through our contact page or through the following contact information:
Key Essentials to Behavior Management, Corp.
KEBM The Sensory Spot
Address: 9333 Baseline Rd, Suite 290, Rancho Cucamonga, CA 91730
Phone: (909) 755-5220
SMS Help Line: Text HELP to +1 (833) 381-3168
Email: admin@keyessentialsbm.com
For SMS Support:
Text STOP to opt-out
Text HELP for assistance
Call (909) 755-5220
Email admin@keyessentialsbm.com
Last Updated: 2/2/2026
Effective Date: 2/2/2026