Last Updated: August 11, 2026
These Terms of Service (the “Terms”) are a binding agreement between BEHCA, LLC (“BEHCA,” “we,” “us”) and you, and govern your access to and use of: (a) our websites, including behca.com; (b) our web application; (c) our BEHCA mobile applications for iOS and Android; and (d) all related features, content, and services we offer, including behavior tracking, medication administration records (MAR), incident reporting, electronic visit verification (EVV), scheduling, messaging, analytics, and AI-assisted features (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (AVAILABLE AT BEHCA.COM/PRIVACY). IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
If you are accepting these Terms on behalf of an organization — such as a residential care agency, therapeutic provider, school, or other entity (an “Organization”) — you represent that you have authority to bind that Organization, and “Customer” refers to that Organization. If you are using the Services as an individual or family subscriber, “Customer” refers to you personally.
You must be at least 18 years old and able to form a binding contract to create an account or act as an Authorized User. Clients may be minors, but minors may not create or hold accounts; a minor’s participation in the Services (including any messaging feature) occurs only under the supervision and authorization of the Customer as described in Section 8.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Credentials are personal and must not be shared. Notify us immediately at security@behca.com of any suspected unauthorized access. You agree that the registration and billing information you provide is accurate, current, and complete, and that you will keep it updated.
Organization accounts. The Customer’s administrators control who may access the Customer’s account and at what permission level. The Customer is responsible for: (a) the acts and omissions of its Authorized Users as if they were the Customer’s own; (b) promptly deactivating access for individuals who no longer require it (for example, departed staff); and (c) ensuring its Authorized Users comply with these Terms.
Plans and pricing. The Services are offered on subscription plans described at behca.com/pricing, generally priced per Profile per year for organizational plans and per month (billed annually) for family plans. Features vary by plan. The plan details, pricing, and profile counts presented at purchase or in an order form are part of these Terms.
Free trials. Trials convert to paid subscriptions at the end of the trial period unless you cancel before the trial. We may limit trial features or duration.
Renewal and cancellation. Subscriptions renew automatically for successive terms of the same length unless either party gives notice of non-renewal at least 7 days before the end of the then-current term, or you cancel through your account settings before renewal. Renewal is charged at then-current rates. We will provide reasonable advance notice of any price increase, and no increase applies until your next renewal.
Payment; non-payment. Fees are payable annually in advance by credit card or invoice. Except as required by law or expressly stated otherwise, fees are non-refundable. If undisputed fees remain unpaid 15 days after notice, we may suspend access to the Services until paid; suspension does not relieve the payment obligation. We will not delete Client Data solely due to a payment delinquency during the 60-day period following suspension.
Taxes. Fees are exclusive of applicable taxes (including sales tax and, for Australian customers, GST where applicable), which are the Customer’s responsibility other than taxes on our income.
The Customer owns its Client Data. As between the parties, the Customer retains all right, title, and interest in and to Client Data. BEHCA acquires no ownership rights in Client Data under these Terms.
License to BEHCA. The Customer grants BEHCA a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, process, display, and back up Client Data solely: (a) to provide, secure, maintain, and support the Services; (b) to prevent or address technical or security issues; (c) as instructed by the Customer; and (d) as required by law. This license terminates upon deletion of the Client Data following termination as described in Section 13, except for archival copies retained as required by law or standard backup cycles.
De-identified data. BEHCA may create and use data that has been de-identified and/or aggregated so that it does not identify any Customer, Authorized User, or Client and cannot reasonably be re-identified, in order to operate, benchmark, and improve the Services. For any PHI, de-identification will conform to the HIPAA de-identification standard.
Customer responsibility for Client Data. The Customer is solely responsible for the accuracy, quality, and lawfulness of Client Data and the means by which it was acquired, including obtaining and documenting all consents and authorizations required to record and process Client Data (see Section 8).
Feedback. If you voluntarily submit suggestions or feedback about the Services, you grant BEHCA a perpetual, irrevocable, royalty-free license to use it without restriction or obligation. Feedback never includes Client Data.
Where the Customer is a covered entity or business associate under HIPAA and uses the Services to create, receive, maintain, or transmit protected health information (“PHI”), BEHCA acts as the Customer’s business associate, and the parties will execute BEHCA’s BAA. In the event of any conflict between these Terms and an executed BAA with respect to PHI, the BAA controls.
The Customer must not submit PHI to the Services unless a BAA is in place. Family and individual subscribers are generally not HIPAA-covered entities; their data is instead protected as described in our Privacy Policy, including under applicable consumer health data laws.
THE SERVICES ARE AN INFORMATION-MANAGEMENT AND RECORD-KEEPING TOOL. THE SERVICES DO NOT PROVIDE MEDICAL, PSYCHOLOGICAL, OR CLINICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ARE NOT A MEDICAL DEVICE. CONTENT AND OUTPUTS OF THE SERVICES (INCLUDING CHARTS, PATTERNS, ALERTS, AND AI-GENERATED INSIGHTS) ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF QUALIFIED CLINICIANS, PRESCRIBERS, OR CAREGIVERS, WHO REMAIN SOLELY RESPONSIBLE FOR ALL CARE, MEDICATION, AND TREATMENT DECISIONS.
Medication features. MAR features, including alerts and reminders, are aids to documentation and oversight. They depend on accurate data entry and device connectivity and may fail, be delayed, or be missed. The Customer and its qualified staff remain responsible for verifying and administering medications in accordance with prescriber instructions and applicable regulations, independent of any alert.
Not for emergencies. The Services are not designed for emergency communications or crisis response. If there is an emergency or risk of harm, contact emergency services immediately.
The Customer is responsible for its own regulatory compliance in using the Services, including laws governing health records, behavioral health documentation, education records, and employment. Without limiting the foregoing, the Customer will:
The Services may include secure messaging between the Customer’s staff and, where enabled by the Customer, the Clients they support (for example, between teachers and their students, or direct support professionals and the individuals in their care). Messaging is subject to the following rules, which we enforce by design where feasible:
Certain features use artificial intelligence or machine learning, for example to surface behavioral patterns or generate summaries. AI outputs are probabilistic and may be inaccurate, incomplete, or unsuitable for a particular Client. AI outputs are decision-support only: they must be reviewed by a qualified person before being relied upon, and must not be used as the sole basis for any care, medication, disciplinary, or eligibility decision. Our Privacy Policy describes how data is (and is not) used in connection with AI features, including our commitments regarding model training.
You agree not to, and not to permit anyone to: (a) use the Services in violation of law or these Terms; (b) submit content that is unlawful, infringing, or malicious (including malware); (c) misrepresent your identity or authority; (d) access another Customer’s data or any Client Data beyond your authorization; (e) interfere with or disrupt the integrity, security, or performance of the Services; (f) scrape, harvest, or bulk-extract data from the Services except through export features we provide; (g) reverse engineer, copy, or create derivative works of the Services except as permitted by law; (h) resell, sublicense, or provide the Services to third parties outside your Organization; (i) use the Services to build or benchmark a competing product; or (j) use the Services to send spam or unsolicited communications.
We may investigate suspected violations and may suspend or restrict access where reasonably necessary to protect the Services, our users, or Clients, with notice where practicable.
The Services, including all software, design, text, graphics, logos, and other content we provide (excluding Client Data), are owned by BEHCA or its licensors and protected by United States, Australian, and international intellectual-property laws. Subject to these Terms and payment of applicable fees, we grant the Customer a limited, non-exclusive, non-transferable license during the subscription term to access and use the Services, including installing and using our mobile applications on devices you own or control, for the Customer’s internal business, educational, or personal care purposes. “BEHCA” and related names, logos, and slogans are trademarks of BEHCA, LLC and may not be used without our prior written permission. All rights not expressly granted are reserved.
Term. These Terms apply from your first use of the Services and continue through your subscription term and any renewals.
Termination by the Customer. You may cancel as described in Section 4. You may stop using free portions of the Services at any time.
Termination by BEHCA. We may terminate or suspend your access: (a) for material breach of these Terms that remains uncured 15 days after notice (or immediately for breaches that cannot be cured, endanger Clients or the Services, or create legal exposure); (b) for non-payment as described in Section 4; or (c) if we discontinue the Services, with at least 90 days’ notice for paying Customers.
Data export and deletion. For 30 days following termination or expiration, we will make Client Data available for export by the Customer in a commonly used, machine-readable format (currently PDF and XLS/CSV). After that 30-day period, the Customer’s access to the Services and Client Data ends. Client Data is then retained in secure, access-restricted storage for a total of 180 days following termination, during which the Customer may restore full access by re-subscribing. After 180 days, Client Data is permanently deleted from production systems, and from backups in the ordinary backup cycle, except where retention is required by law or an executed BAA provides otherwise. Where a BAA applies, PHI will be returned or destroyed in accordance with the BAA.
Survival. Sections that by their nature should survive termination (including Sections 5 (license to de-identified data and Feedback), 7, 14, 15, 16, and 18) survive.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT OUTPUTS (INCLUDING ALERTS AND AI-GENERATED CONTENT) WILL BE ACCURATE OR COMPLETE.
Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other applicable law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee may be limited, it is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA (EXCEPT FOR BEHCA’S DATA-EXPORT OBLIGATIONS IN SECTION 13), EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CUSTOMER FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY [OR US$100 FOR FREE ACCOUNTS].
These limitations do not apply to: a party’s indemnification obligations; the Customer’s payment obligations; either party’s gross negligence or willful misconduct; or any liability that cannot be limited under applicable law (including the Australian Consumer Law).
By the Customer. The Customer will defend and indemnify BEHCA against third-party claims arising from: (a) Client Data, including any failure to obtain required consents or authorizations; (b) the Customer’s or its Authorized Users’ use of the Services in violation of these Terms or law; or (c) care, medication, or treatment decisions made by the Customer or its personnel.
By BEHCA. BEHCA will defend and indemnify the Customer against third-party claims alleging that the Services, as provided by BEHCA and used as permitted, infringe a U.S. or Australian intellectual-property right, with customary exclusions and remedies (modification, replacement, or refund of prepaid unused fees).
We continuously improve the Services and may add, change, or remove features, provided we will not materially reduce the core functionality of a paid plan during a paid term. We may update these Terms from time to time. For material changes, we will give at least 30 days’ advance notice by email and/or in-product notice before the changes take effect, and the updated Terms will apply from the stated effective date. If you do not agree to a material change, you may cancel your subscription before the effective date and receive a pro-rata refund of prepaid fees for the remainder of the term. Non-material changes (such as clarifications) may be effective on posting.
These Terms are governed by the laws of the State of Oregon, excluding its conflict-of-laws rules. Before filing a claim, each party agrees to attempt in good faith to resolve any dispute by contacting the other party (legal@behca.com) and allowing 30 days for informal resolution. Subject to the paragraph below, disputes will be resolved exclusively in the state or federal courts located in Washington County, Oregon, and each party consents to their jurisdiction.
Nothing in this Section deprives a consumer of the protection of mandatory laws of their place of residence, and Australian consumers may bring claims under the Australian Consumer Law in Australian courts or tribunals notwithstanding the foregoing.
Export and sanctions. You may not use the Services in violation of U.S. export-control or sanctions laws.
App stores. Use of our mobile applications is also subject to the applicable app-store terms (Apple App Store, Google Play). Those stores are not parties to these Terms and have no obligations regarding the Services.
Assignment. The Customer may not assign these Terms without our consent, except to a successor in connection with a merger or sale of substantially all assets, with notice to us. We may assign these Terms in connection with a corporate transaction, subject to Section 6 (BAA) and our Privacy Policy.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
Waiver; severability. A failure to enforce a provision is not a waiver. If any provision is held invalid, the remainder continues in effect, and the invalid provision is deemed modified to the minimum extent necessary to be enforceable.
Entire agreement. These Terms, together with the Privacy Policy, any order form, and any executed BAA, are the entire agreement between the parties regarding the Services and supersede prior agreements on that subject. Order of precedence: (1) the BAA (as to PHI); (2) any signed order form; (3) these Terms; (4) the Privacy Policy (as to privacy disclosures).
BEHCA, LLC, 8835 SW Canyon Ln Ste 404A, Portland, Oregon 97225, United States. Questions about these Terms: legal@behca.com. Support: support@behca.com.