Please read these Terms carefully. They include the Disclaimer in section 11, which limits MySBT’s liability.
Agreement
These Terms of Service ("Terms") are an agreement between you and MySBT LLC, a Massachusetts limited liability company ("MySBT," "we," "us"). They cover mysbtapp.com and the MySBT application on iOS and the web (together, the "Service").
They include, and you also agree to, the Disclaimer in section 11, and our Subscription & Cancellation Policy. Our Privacy Policy explains how we handle information.
By creating an account, subscribing, or using the Service, you accept these Terms. If you do not accept them, do not use the Service. If your organization has a signed agreement with MySBT, that agreement prevails over these Terms where they conflict.
Eligibility and accounts
- The Service is for professional use. You must be 18 or older and able to form a binding contract.
- If you use the Service for an organization, you confirm you are authorized to bind it.
- You are responsible for your sign-in credentials, your two-factor device and all activity on your account. Tell us promptly at support@mysbtapp.com if you suspect unauthorized use.
The Service
- We may change, add or remove features. Features marked beta or preview may be incomplete and may change or be withdrawn.
- We aim to keep the Service available but do not guarantee uninterrupted access.
Your content and responsibilities
- Ownership. You own the content you enter ("Your Content"). You give us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and display Your Content in order to provide the Service, and to create de-identified and aggregated data from it, as described in our Privacy Policy. De-identified and aggregated data is not Your Content; it belongs to MySBT, and we may continue to use it after your account ends.
- Pseudonyms and HIPAA. As the Disclaimer states, use pseudonyms. If you enter identifying information, you are solely responsible for compliance with HIPAA and other privacy laws. MySBT is your business associate only under a Business Associate Agreement signed by MySBT.
- Your authority. You confirm you have every right, consent and authorization needed to enter and process Your Content, including from the guardians of any minors.
- Sharing. When you share a learner, the recipient can view and edit that learner’s records. You are responsible for choosing whom you share with. The learner’s owner controls sharing and ownership transfer.
- Backups. You are responsible for your own backups and exports.
Not clinical advice
- The Service supports clinical work but does not provide clinical, medical, behavioral, legal or other professional advice.
- Graphs, scores, progress measures, agreement calculations and AI-generated analysis are tools and may be incomplete or inaccurate. You must review them and apply your own independent professional judgment.
- Clinical decisions and supervision remain yours.
Acceptable use
You must not:
- break the law or infringe anyone’s rights
- access accounts or data you are not authorized to access
- probe, scan or test the vulnerability of our systems without written permission
- scrape the Service or place unreasonable load on it
- reverse engineer the Service, except as the law allows
- resell or sublicense the Service
- upload malicious code
- use the Service to build a competing product
- misrepresent who you are
- send client or patient information through website forms or support email
Subscriptions and payment
- Paid plans are billed per active learner licence, in advance, and renew automatically, as set out in the Subscription & Cancellation Policy. That policy governs trials, cancellation, plan changes, failed payments and refunds.
- Prices exclude applicable taxes.
- We may change prices with at least 30 days’ notice, effective at your next renewal.
- App Store purchases are also subject to Apple’s terms.
- Organization contracts are governed by their own agreement.
Suspension and termination
- You may stop using the Service and cancel at any time.
- We may suspend or terminate your access if you breach these Terms, fail to pay, create a security or legal risk, or if the law requires it. Where reasonable, we will give notice first.
- When a subscription ends, your account becomes read-only, and your records are retained as described in the Privacy Policy.
- Sections 4 and 9 to 15 survive termination.
Our intellectual property
- The Service, including its software, design, content and the MySBT name and logo, belongs to MySBT or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use it under these Terms.
- Third-party names and marks, including those of FTF Behavioral Consulting, belong to their owners. Their appearance does not imply endorsement except as expressly stated.
- If you send us feedback, we may use it freely, without obligation to you.
Third-party services
The Service relies on third parties, such as app stores, payment processors and hosting providers. Their terms may apply to you, and we are not responsible for their services.
Disclaimer
You agree to the following Disclaimer, which you also accept in the app:
By utilizing MySBT (the “App”) you, as the user, and the sole party entering data into the App, are responsible for implementing procedures sufficient to satisfy your needs for data backup, security and compliance with applicable law. In particular, as the user, you are strongly encouraged by MySBT, LLC to omit using personally identifying information of any of your subjects and to employ pseudonyms in place of names; provided, however, if you elect to utilize personally identifying information, you are solely responsible for adherence to all applicable privacy and personal health data protection laws, including, but not limited to, Health Insurance Portability and Accountability Act. MySBT, LLC does not warrant that access to, or use of the App will be uninterrupted or error-free or that defects in the App will be corrected. The App, including any content or information contained, or generated within it or any services provided, are provided “as is” with faults, with no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and quality of information.
You acknowledge and agree that MySBT, LLC shall not be liable for any cost or damage arising directly or indirectly from any use of the App. MySBT, LLC is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the App, including content or information contained therein, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the App is to stop using same.
In addition, the Service is provided “as is” and “as available,” and, to the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement.
Limitation of liability
MySBT’s liability is governed by the Disclaimer in section 11. Nothing in these Terms expands MySBT’s liability beyond what the Disclaimer provides. Nothing in these Terms or the Disclaimer limits liability that cannot lawfully be limited.
Indemnity
You will defend and indemnify MySBT and its members, officers, employees and agents against claims, losses and reasonable legal fees arising from:
- Your Content, including any identifying or health information you enter
- your use of the Service
- your breach of these Terms
- your violation of any law or third-party right
Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws rules. Disputes will be brought exclusively in the state or federal courts located in Massachusetts, and you consent to their jurisdiction. Each party waives trial by jury to the extent the law allows.
Apple App Store terms
If you obtained the app from Apple’s App Store:
- These Terms are between you and MySBT, not Apple. Apple is not responsible for the app or its content.
- Your licence is limited to Apple-branded devices you own or control, as permitted by Apple’s usage rules.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the app’s purchase price. Apple has no other warranty obligation for the app.
- MySBT, not Apple, is responsible for any claim relating to the app, including product-liability, legal-compliance, consumer-protection and intellectual-property claims.
- You confirm that you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Changes to these Terms
We will give at least 30 days’ notice of material changes, by email or in the Service. If you do not agree, you may cancel before they take effect. Continuing to use the Service after that means you accept the changes.
General
- These Terms, together with the documents in section 1, are the entire agreement between you and MySBT about the Service.
- You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition or sale of assets.
- We are not liable for delays caused by events beyond our reasonable control.
- If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
- Notices to you go to your account email. Notices to us go to support@mysbtapp.com.