TERMS AND CONDITIONS

1. Nature of the Services

Headstart provides a technology platform that helps connect families with applied behavior analysis (“ABA”) providers and supports providers (including BCBAs) in operating independent practices. The Services may include provider directories, referral tools, scheduling support, communications tools, and related content.

No Medical or Clinical Services.

Headstart is not a healthcare provider and does not provide medical, clinical, or therapeutic services. All clinical services are provided by independent providers, who are solely responsible for the care they deliver.

No Medical Advice.

Any information provided through the Services is for informational purposes only and does not constitute medical advice. You should consult a qualified healthcare professional for diagnosis and treatment decisions.

No Guarantee of Outcomes.

We do not guarantee provider availability, successful matches, service timelines, or clinical outcomes.

2. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that:

• You are at least 18 years old; and
• You have the legal capacity to enter into these Terms

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

3. Accounts and Security

To access certain features, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Keep your login credentials secure

You are responsible for all activity under your account. You must notify us immediately of any unauthorized access or use.

We reserve the right to suspend or terminate accounts at our discretion.

4. Acceptable Use

You agree not to:

• Violate any applicable law or regulation
• Misrepresent your identity, credentials, or affiliation
• Interfere with or disrupt the Services
• Attempt unauthorized access to systems or data
• Upload malicious code or harmful content
• Scrape, harvest, or extract data without permission
• Use the Services for fraudulent or misleading purposes

We may suspend or terminate access for violations of this section.

5. Provider Terms

If you are a provider (including a BCBA or practice), you represent and warrant that:

• You maintain all required licenses, certifications, and authorizations
• You comply with all applicable laws, regulations, and professional standards
• All information you provide is accurate and not misleading
• You are solely responsible for the clinical services you provide

Providers are independent contractors and not employees, agents, or representatives of Headstart.

6. Families and Referrals

If you are a family member or referral source:

• You are responsible for evaluating whether a provider is appropriate for your needs
• You acknowledge that provider availability, insurance participation, and services may change
• You understand that Headstart does not guarantee placement, timing, or outcomes

7. Communications

Headstart offers a text messaging program to provide communications for care coordination and operations. By using the Services, you consent to receive these communications. Message frequency varies.

By opting into the text messaging program, you agree that Headstart may send you text messages related to your use of the Services. Message and data rates may apply. You may opt out of certain non-essential communications where applicable.

You can reply STOP to unsubscribe from text messages. For customer support, you can also contact us at admin@headstart.health.

Your participation in the text messaging program is subject to our Privacy Policy. Carriers are not liable for any delayed or undelivered messages.

8. Privacy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and share information.

If your interactions involve protected health information (“PHI”), our Notice of Privacy Practices (NPP) and applicable laws (including HIPAA) may apply.

9. Intellectual Property

All content, software, and materials included in the Services are owned by Headstart or its licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal or internal business use in accordance with these Terms.

You may not:

• Copy, modify, distribute, or create derivative works
• Reverse engineer or attempt to extract source code
• Use the Services for unauthorized commercial purposes

10. User Content and Feedback

You may submit content or information (“User Content”) through the Services.

You retain ownership of your User Content, but grant Headstart a worldwide, non-exclusive, royalty-free license to use, store, and display such content as necessary to operate and improve the Services.

If you provide feedback or suggestions, we may use them without restriction or compensation.

11. Third-Party Services

The Services may integrate with or link to third-party platforms or services. We are not responsible for third-party services, and your use of them is subject to their terms.

12. Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, express or implied.

To the maximum extent permitted by law, Headstart disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

We do not guarantee that the Services will be uninterrupted, secure, or error-free.

13. Limitation of Liability

To the maximum extent permitted by law, Headstart will not be liable for any indirect, incidental, special, consequential, or punitive damages.

Headstart’s total liability for any claim arising out of or relating to the Services will not exceed:

• The amount paid by you to Headstart in the prior twelve (12) months; or
• $100, if no fees were paid

14. Indemnification

You agree to indemnify and hold harmless Headstart and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party

15. Termination

We may suspend or terminate your access to the Services at any time, with or without notice.

You may stop using the Services at any time.

Provisions that by their nature should survive termination will survive.

16. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

Any disputes arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.

Before filing a claim, you agree to attempt to resolve the dispute by contacting us at admin@headstart.health.

17. Changes to These Terms

We may update these Terms from time to time. The updated version will be effective as of the “Last updated” date.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

18. Contact Us

If you have questions about these Terms, please contact us:

Headstart Health, Inc.

Email: admin@headstart.health