Terms of Service

BehaviorScout™ is a software-as-a-service platform and recruiting-support service that helps ABA Organizations source, review, communicate with, and evaluate Candidates for roles such as RBTs, Behavior Technicians, BCBAs, BCaBAs, and clinical or administrative staff.

Depending on your subscription, the Services may include platform access, candidate sourcing and delivery, candidate profiles and leads, tools to review and organize candidates, messaging and communication tools, pipeline functionality, analytics and AI-assisted features, and onboarding or support.

The specific Services available depend on your Order Form, subscription level, region, candidate package, account configuration, and product availability.

Certain plans include delivery of Candidate leads, profiles, applicants, or resumes, based on your subscription type, region, job category, market conditions, your role requirements, candidate availability, and platform performance.

Unless expressly stated in a signed Order Form:

• delivery numbers are not guarantees of hires;
• delivery does not guarantee candidate quality, responsiveness, eligibility, or fit;
• duplicate, incomplete, or unresponsive candidates may occur;
• we may determine how candidates are sourced, categorized, and presented, and may modify those methods at any time; and
• your subscription fee is not contingent on hiring outcomes.

We provide candidate sourcing, software access, delivery, and communication tools only. We do not guarantee that you will hire or interview any candidate, receive any specific number of qualified applicants (unless stated as a delivery quantity in an Order Form), fill any position, reduce time-to-hire, or achieve any staffing result.

You acknowledge that:

• candidate interest, availability, qualifications, credentials, and suitability vary;
• we don't guarantee the quality, accuracy, licensure, certification, competence, eligibility, or suitability of any candidate;
• candidate information may be self-reported, third-party sourced, or subject to change;
• we don't guarantee any candidate will interview, accept, remain employed, or pass any background or licensing check; and
• you are solely responsible for evaluating, verifying, screening, selecting, hiring, supervising, and employing candidates.

Any estimates, case studies, metrics, or projections are illustrative only and are not a guarantee unless expressly stated in a signed Order Form.

Your organization is solely responsible for:

• providing accurate job descriptions, requirements, compensation, locations, schedules, and credential criteria;
• ensuring postings, messages, and hiring practices comply with applicable law;
• reviewing and verifying candidate information before any decision;
• conducting background, reference, credential, license, exclusion, and eligibility checks required by law or policy;
• complying with all employment, labor, anti-discrimination, privacy, healthcare, and licensing laws;
• safeguarding account credentials and ensuring Authorized Users comply;
• obtaining all consents required to communicate with candidates; and
• using Candidate Data only for lawful recruiting and hiring.

You may not rely solely on the Services, AI tools, summaries, tags, scores, or profiles when making hiring decisions.

You may use Candidate Data only for your legitimate recruiting and hiring process. You may not use the Services or Candidate Data to bypass our subscription model, resell or redistribute candidate access, supply data to competitors or third-party recruiters (except as authorized), build an external candidate database for unrelated use, solicit candidates for unrelated roles, or use data after termination except as permitted by law. We may seek injunctive relief for violations.

You may be required to create an Account and must provide accurate, current, complete information and keep it updated. You are responsible for all activity under your Account, including by Authorized Users. Each Authorized User must use unique credentials and not share them. We may suspend or terminate access if we reasonably believe an Account has been compromised, misused, or used in violation of these Terms.

You and your Authorized Users may use the Services only for lawful business purposes. You may not, and may not permit others to:

• use the Services for unlawful, discriminatory, fraudulent, or harmful purposes;
• violate any employment, privacy, healthcare, anti-spam, or anti-discrimination law;
• interfere with or attempt unauthorized access to the Services;
• reverse engineer, copy, or create derivative works of the Services;
• scrape, harvest, or bulk-export data except as expressly permitted;
• use the Services to build or improve a competing product;
• share credentials, upload malware, or send spam or unlawful messages; or
• use Candidate Data for purposes unrelated to legitimate recruiting.

We may suspend or terminate access for any violation of this section.

You agree to pay all fees stated in the applicable Order Form, invoice, or checkout page. Unless otherwise stated:

• fees are charged in advance and subscriptions renew monthly;
• you authorize us and our payment processors to charge your payment method on file for recurring fees, taxes, and add-ons;
• you must maintain a valid payment method;
• all fees are in U.S. dollars and exclusive of taxes.

We may use third-party processors such as Stripe, subject to their terms. You are responsible for all applicable taxes except those based on our net income.

Unless a longer period is stated in an Order Form, you must give written notice of pause, cancellation, or termination at least five business days before the next renewal date, using the method we designate. Notice given fewer than five business days before renewal may result in renewal for the next billing period at your expense. Pausing or terminating does not relieve payment obligations already incurred.

We may modify plans, pricing, packages, features, and billing terms. For existing subscriptions, we'll provide notice of material fee changes as required by law or your Order Form; continued use after the effective date constitutes acceptance. Promotional pricing applies only for the stated period.

Subscriptions automatically renew on a recurring monthly basis unless paused or terminated under these Terms. By purchasing, providing a payment method, or continuing to use the Services, you authorize us to charge the payment method on file for each renewal term until you properly pause or terminate. You are responsible for reviewing the plan, renewal date, price, and cancellation requirements before renewing.

All fees are non-refundable except where required by law or expressly agreed in writing. We do not provide refunds once a payment is initiated, processed, charged, invoiced, or collected — including where you don't hire a candidate, are dissatisfied with candidate quality, don't use the Services, fail to cancel in time, change hiring needs or budget, hire elsewhere, or terminate before a billing period ends. Any courtesy credits or accommodations are discretionary.

Any free trial, pilot, or promotional offer is governed by its Order Form or written offer. Unless stated otherwise, trial access is provided "as is," may be modified or discontinued, does not guarantee outcomes, may require a payment method, and may convert to a paid subscription if not cancelled. Promotional pricing does not apply to future renewals unless stated in writing.

The Services may let you contact candidates by email, text, phone, platform message, calendar link, or automated message. You are solely responsible for the content of your messages; ensuring they comply with employment, privacy, anti-spam, telemarketing, and consent laws; honoring opt-outs; and using the tools only for legitimate recruiting. We may monitor, throttle, or disable communication features for misuse or deliverability issues, and we don't guarantee delivery, open rates, or any communication outcome.

You may use Candidate Data solely for your legitimate internal recruiting, evaluation, scheduling, and hiring. You may not sell, resell, license, publish, scrape, or commercially exploit Candidate Data; use it for unrelated marketing; use it to build or train a competing product; contact candidates unlawfully; retain it beyond what law permits; or re-identify or profile candidates except for lawful recruiting. You must maintain appropriate safeguards to protect Candidate Data.

Our handling of personal information is described in our Privacy Policy, incorporated by reference. You must comply with all privacy and data protection laws applicable to your use of the Services. Where required, the parties may enter a separate data processing agreement. We are not your legal counsel, compliance officer, background-check provider, consumer reporting agency, employer of record, or credentialing authority.

The Services may include AI-assisted scoring, ranking, summarization, tagging, recommendation, or analytics features, provided for informational and workflow-support purposes only. Such features may be incomplete, inaccurate, biased, or unsuitable for your needs. You are responsible for reviewing outputs, ensuring decisions are made by qualified humans, avoiding unlawful discrimination, complying with laws governing automated employment decision tools, and not using AI outputs as the sole basis for employment decisions. We don't represent that any AI feature is validated for employment selection or free of bias.

You retain ownership of Customer Data and grant us a worldwide, non-exclusive, royalty-free license to host, process, store, display, and use it as necessary to provide, secure, support, and improve the Services. You represent that you have all rights and consents necessary to submit Customer Data and authorize this processing, and you are solely responsible for its accuracy, legality, and quality.

We use commercially reasonable measures to protect the Services, but no system is completely secure and we don't guarantee that security measures will never be defeated. You are responsible for securing your devices, networks, passwords, and access controls, and for promptly notifying us of any suspected unauthorized access or misuse of Candidate Data.

You are solely responsible for complying with all laws applicable to recruiting, hiring, employment, credentialing, background checks, interviews, compensation, postings, recordkeeping, and worker classification, including federal, state, and local laws on:

• equal employment opportunity and anti-discrimination;
• disability accommodation and anti-harassment;
• pay transparency and salary disclosure;
• background checks and consumer reports;
• employment eligibility verification;
• professional licensing, credentialing, and exclusion screening;
• applicant privacy and automated employment decision tools; and
• record retention.

We don't make hiring decisions and don't act as an employer, joint employer, or staffing agency unless expressly agreed in writing.

You acknowledge that ABA services may be subject to state licensing, payer, Medicaid, insurance, BACB, supervision, credentialing, and background-check requirements. You are solely responsible for determining whether a candidate satisfies any applicable clinical, licensing, credentialing, supervision, payer, or organizational requirement.

We do not verify, warrant, or guarantee that any candidate:

• holds an active credential, license, or registration;
• is in good standing with any licensing body, payer, or agency;
• is eligible to provide ABA services in any state;
• satisfies payer enrollment or supervision requirements;
• has completed required training or passed any background or exclusion screening;
• is clinically competent; or
• is suitable for any particular client population.

The Services may integrate with third-party services such as payment, email, messaging, calendar, video, ATS, analytics, job boards, or advertising platforms. We don't control and aren't responsible for third-party services; your use of them is governed by the applicable third party's terms. We don't guarantee their availability, security, performance, or compatibility.

We use commercially reasonable efforts to keep the Services available but don't guarantee uninterrupted, error-free, or continuous access. The Services may be unavailable due to maintenance, outages, technical or security events, or force majeure. We may modify, suspend, discontinue, or remove any feature at any time and aren't liable for doing so.

The Services — including software, design, interface, trademarks, documentation, templates, algorithms, models, and reports — are owned by StaffStream or its licensors. Subject to your compliance and payment, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription term for your internal recruiting purposes. You may not use our or BehaviorScout's name, marks, or branding without prior written permission.

We may make beta, pilot, preview, or early-access features available for evaluation only. They may be modified or removed at any time and are provided "as is," without warranties, support obligations, or availability guarantees.

We may provide support through email, platform messaging, account management, documentation, or onboarding as we determine. Support availability, response times, and scope are not guaranteed unless expressly stated in a separate written agreement.

If you or an Authorized User provides feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, modify, and commercialize that feedback without restriction or compensation.

Each party may receive the other's confidential information — non-public business, technical, financial, product, customer, candidate, pricing, security, or strategic information. The receiving party will use it only as necessary under these Terms and protect it with reasonable care. Obligations don't apply to information that is public, already known, independently developed, or lawfully received without restriction.

During an active subscription you may access certain Customer Data and Candidate Data; export functionality varies by plan and configuration. After termination, we may retain, delete, anonymize, archive, or restrict access to data per our policies and legal obligations. You are responsible for exporting or preserving any data you need before termination.

We may suspend access, in whole or part, if you fail to pay amounts due, you or an Authorized User violates these Terms, suspension is needed to protect the Services or others, your use creates security or legal risk, your payment method fails, you misuse Candidate Data or communication tools, or it's required by law or a third-party provider. Suspension doesn't relieve payment obligations.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAFFSTREAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.

WITHOUT LIMITATION, WE DO NOT WARRANT THAT YOU WILL HIRE ANY CANDIDATE; THAT ANY CANDIDATE WILL BE QUALIFIED, RESPONSIVE, CERTIFIED, OR ELIGIBLE; THAT CANDIDATE DATA WILL BE COMPLETE OR ACCURATE; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT YOU WILL ACHIEVE ANY HIRING OR BUSINESS RESULT. YOU USE THE SERVICES AT YOUR OWN RISK.

You will defend, indemnify, and hold harmless StaffStream and its officers, members, employees, contractors, affiliates, agents, and licensors from any claims, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, Customer Data, your hiring or employment decisions, your communications with candidates, your use of Candidate Data, your violation of law or these Terms, your job postings or practices, candidate claims relating to your actions, your failure to obtain required consents, or your misuse of AI features. We may assume exclusive defense of any indemnified matter, with your cooperation.

These Terms begin when you first accept them, access the Services, sign an Order Form, or pay an invoice, and continue until terminated. You may terminate or pause only per your Order Form and the five-business-day notice requirement. We may terminate or suspend access if you materially breach, fail to pay, violate law, misuse Candidate Data, or create risk. On termination: your access ends; you must stop using the Services and Candidate Data except as permitted; unpaid fees become due; we may delete or retain data per our policies; and surviving provisions remain in effect.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAFFSTREAM AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, GOODWILL, OR DATA, OR FOR HIRING, STAFFING, OR EMPLOYMENT CLAIMS.

OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

We won't be liable for any delay or failure caused by events beyond our reasonable control, including acts of God, natural disasters, war, civil unrest, labor disputes, internet or hosting failures, cyberattacks, government actions, pandemics, power outages, third-party or payment-processor failures, job-board outages, or carrier disruptions.

Unless you notify us in writing that you opt out, you grant us the right to identify you as a customer of StaffStream or BehaviorScout, including using your name and logo in customer lists, decks, marketing materials, and our website. We won't issue a formal press release naming you without your prior consent.

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Marion County, Indiana, unless otherwise required by applicable law. You consent to personal jurisdiction and venue in those courts.

We may update these Terms from time to time. Updated Terms will be posted or otherwise made available and take effect on the date stated. Your continued use after the effective date constitutes acceptance. For material changes, we'll provide notice as required by law.

The parties are independent contractors. These Terms create no partnership, joint venture, agency, fiduciary, employment, or franchise relationship. We are not your employer, recruiter of record, staffing or employment agency, joint employer, legal or compliance advisor, background-check provider, consumer reporting agency, credentialing authority, or healthcare provider.

If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

These Terms, together with any applicable Order Form, Privacy Policy, data processing terms, and incorporated documents, are the entire agreement regarding the Services and supersede all prior agreements. If there is a conflict, the Order Form controls only for its specific conflicting commercial terms.

Before filing any lawsuit, the parties agree to attempt in good faith to resolve any dispute informally by written notice describing the dispute, allowing at least thirty days to confer.

Any dispute arising out of or relating to these Terms, any Order Form, your subscription, or your use of the Services is governed by the laws of the State of Indiana, without regard to conflict-of-law principles, and will be brought exclusively in the state or federal courts located in Marion County, Indiana. Each party consents to personal jurisdiction and venue there and waives objections based on inconvenient forum.

Nothing here prevents StaffStream™ LLC from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its confidential information, intellectual property, systems, data, or other proprietary rights.

You may not assign or transfer these Terms or your subscription without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, change of control, or by operation of law.

We may provide notices by email, platform message, website posting, or invoice notice. You must send legal notices to:

StaffStream LLC
Attn: Legal Notices
8 The Green, #17627
Dover, DE 19901
accounts@staffstream.com

Notices are deemed given when sent, posted, or delivered, unless otherwise required by law.

A party's failure to enforce any provision is not a waiver of that or any other provision. Any waiver must be in writing and signed by the waiving party.