Terms and Conditions:

Welcome to Positivity Play. These Terms and Conditions (“Terms”) govern your use of our Applied Behavior Analysis (ABA) therapy services, website, and communication systems, including SMS messaging. By using our services, you agree to be bound by these Terms.

Important: Please read these Terms carefully before using our services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

‍1. Acceptance of Terms
‍By engaging with Positivity Play's services, visiting our website, or participating in our SMS communication program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy and any additional agreements you may have signed.

‍2. Description of Services
‍Positivity Play provides Applied Behavior Analysis (ABA) therapy services for individuals with autism spectrum disorders and related developmental disabilities. Our services include:Individual ABA therapy sessionsGroup therapy programsParent and caregiver trainingBehavioral assessments and evaluationsTreatment planning and progress monitoringConsultation servicesEducational support and advocacy

‍3. SMS Communication Terms3.1 SMS Program EnrollmentBy providing your mobile phone number and consenting to receive SMS messages, you are enrolling in our SMS communication program. This program is designed to enhance your therapy experience through:Appointment reminders and confirmationsSession updates and notificationsBilling and payment remindersImportant service announcementsEmergency communications when necessaryProgram updates and educational content
‍3.2 Consent RequirementsParticipation in our SMS program requires your explicit written or electronic consent. Consent is not a condition of receiving our ABA therapy services. You may decline SMS communications and still receive full access to our therapy services.
‍3.3 Message Frequency and TimingMessage frequency varies based on your individual treatment plan and service needs. Typical message frequency ranges from 1-10 messages per week. Messages are generally sent during business hours (8 AM – 6 PM, Monday through Friday) unless urgent communication is required.
‍3.4 Standard Rates and ChargesStandard message and data rates apply as determined by your mobile carrier. Positivity Play does not charge fees for SMS messages, but your carrier’s standard messaging rates will apply. We are not responsible for any charges imposed by your mobile carrier.
‍3.5 Opt-Out and STOP CommandsYou may opt out of SMS communications at any time by:Replying “STOP” to any text messageCalling us at 571-543-8796Emailing info@positivityplay.comRequesting opt-out in person or during any appointmentUpon opting out, you will receive a final confirmation message, and no further SMS communications will be sent to your number.
‍3.6 Help and Customer SupportFor help with our SMS program, reply “HELP” to any message or contact us at 571-543-8796. Customer support is available during business hours: Monday-Friday, 8 AM – 6 PM EST.
‍3.7 Carrier CompatibilityOur SMS program is compatible with all major U.S. wireless carriers, including Verizon, AT&T, T-Mobile, Sprint, and their affiliated carriers. If you experience delivery issues, please contact us immediately.

‍4. Eligibility and Age RequirementsOur services are available to individuals of all ages who can benefit from ABA therapy. For minors (under 18), a parent or legal guardian must provide consent for services and agree to these Terms on behalf of the minor.

‍5. Payment Terms and Billing5.1 Payment ObligationsYou agree to pay all fees associated with the services provided according to our current fee schedule. Payment is due as specified in your service agreement or at the time services are rendered.
‍5.2 Insurance and Third-Party PaymentWe accept various insurance plans and will bill your insurance provider as a courtesy. However, you remain ultimately responsible for all charges, including any amounts not covered by insurance.
‍5.3 Late Payments and CollectionsLate payment fees may apply to overdue accounts. Accounts more than 90 days past due may be referred to a collection agency, and you will be responsible for all collection costs and reasonable attorney fees.
‍5.4 Cancellation and No-Show PolicyWe require 24-hour advance notice for appointment cancellations. Late cancellations or no-shows may result in charges as outlined in your service agreement.

‍6. Professional Standards and Scope of PracticeOur ABA therapy services are provided by qualified professionals in accordance with applicable state licensing requirements and professional standards. Our services are designed to support behavioral and developmental goals but do not constitute medical treatment or replace medical care.

‍7. Client ResponsibilitiesAs a client or parent/guardian of a client, you agree to:Provide accurate and complete information about the client’s needs and medical historyAttend scheduled appointments or provide appropriate notice of cancellationFollow recommended treatment protocols and home programmingMaintain open communication with your therapy teamEnsure a safe environment during in-home servicesRespect our staff and maintain appropriate boundariesComply with all policies and procedures

‍8. Confidentiality and HIPAAWe are committed to protecting your privacy and maintaining the confidentiality of all health information in accordance with HIPAA regulations. Please refer to our Privacy Policy and Notice of Privacy Practices for detailed information about how we protect and use your information.

‍9. Limitation of LiabilityTo the fullest extent permitted by law, Positivity Play's liability for any claim related to our services is limited to the amount paid for the specific services that gave rise to the claim. We are not liable for indirect, incidental, special, or consequential damages.Medical Emergency Disclaimer: Our ABA therapy services are not emergency medical services. In case of a medical emergency, call 911 immediately. Do not use SMS or other communication methods for emergency situations.

‍10. Website Terms of UseWhen using our website, you agree to:Use the website only for lawful purposesNot interfere with or disrupt the website’s functionalityNot attempt to gain unauthorized access to any systemsRespect intellectual property rightsNot transmit harmful code or malicious software

‍11. Intellectual PropertyAll content on our website and in our materials, including text, graphics, logos, and treatment protocols, is the property Positivity Play and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

‍12. Termination of ServicesEither party may terminate services with appropriate notice as specified in your service agreement. We reserve the right to terminate services immediately if:Payment obligations are not metThese Terms are violatedUnsafe conditions existProfessional standards require termination

‍13. Governing Law and Dispute ResolutionThese Terms are governed by the laws of the state where services are provided. Any disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except for matters that may be heard in small claims court.

‍14. Modifications to TermsWe reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website. Continued use of our services after changes are posted constitutes acceptance of the modified Terms. We will provide notice of material changes through appropriate communication channels.

‍15. SeverabilityIf any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

‍16. Force MajeureWe are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, or other acts of God.

‍17. Compliance with LawsYou agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of our services. We reserve the right to report any illegal activities to appropriate authorities.

‍18. Contact Information and Customer ServiceIf you have questions about these Terms and Conditions or need customer service assistance, please contact us:Positivity Play
Phone: 855-596-0602Email: info@positivityplay.com
Website: https://www.positivityplay.com/contact-usBusiness Hours: Monday-Friday, 8:00 AM – 6:00 PM ESTEmergency Contact: For true emergencies, call 911. For urgent therapy-related matters, call our main number and follow the prompts.

‍19. Acknowledgment and AgreementBy using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. You also acknowledge that these Terms, together with our Privacy Policy and any signed service agreements, constitute the complete agreement between you and Positivity Play regarding the use of our services.Legal Notice: These Terms and Conditions are a legally binding agreement. If you do not agree with any part of these terms, please do not use our services and contact us to discuss your concerns.
Privacy policy:

‍Effective Date: June 1, 2026
Last Updated: June 1, 2026Positivity Play (“we,” “our,” or “us”) is committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our services, visit our website, or interact with us through various communication channels, including SMS messaging.

‍1. Information We Collect1.1 Personal InformationWe may collect the following types of personal information:Contact information (name, address, phone number, email address)Demographic information (age, date of birth, gender)Health and medical information related to ABA therapy servicesInsurance and billing informationEmergency contact informationCommunication preferences and consent records
‍1.2 Automatically Collected InformationWhen you visit our website or use our services, we may automatically collect:IP address and device informationBrowser type and versionWebsite usage data and analyticsCookies and similar tracking technologies
‍
‍2. SMS Communication and Consent2.1 SMS Program DescriptionBy providing your mobile phone number and opting into our SMS program, you consent to receive text messages from Positivity Play. These messages may include:Appointment reminders and confirmationsService updates and important notificationsBilling and payment remindersGeneral information about our ABA therapy servicesEmergency or urgent communications

2.2 Consent and Opt-InYour consent to receive SMS messages is not a condition of purchase or use of our services. By opting in, you explicitly agree to receive text messages at the mobile number you provided. You can opt out at any time by replying “STOP” to any message.
‍2.3 Message Frequency and ChargesMessage frequency varies based on your service needs and preferences. Standard message and data rates may apply as determined by your mobile carrier. We are not responsible for charges imposed by your carrier.
‍2.4 Opt-Out ProceduresTo stop receiving SMS messages, you may:Reply “STOP” to any text messageContact us at 855-596-0602Email us at info@positivityplay.comYou will receive a confirmation message confirming your opt-out request.

‍3. How We Use Your InformationWe use the information we collect for the following purposes:Providing ABA therapy services and treatmentCommunicating with you about appointments, services, and important updatesProcessing payments and managing billingImproving our services and website functionalityComplying with legal and regulatory requirementsMaintaining health and safety standardsConducting quality assurance and training

‍4. Information Sharing and DisclosureWe do not sell, trade, or rent your personal information to third parties. We may share your information only in the following circumstances:
‍Healthcare Providers: With other healthcare professionals involved in your care
‍Insurance Companies: For billing and claims processing purposes
‍Legal Requirements: When required by law, regulation, or court order
‍Service Providers: With trusted third-party vendors who assist in our operations (subject to confidentiality agreements)
‍Emergency Situations: To protect health and safety when necessary

‍5. Data SecurityWe implement appropriate technical and organizational security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. These measures include:Encryption of sensitive data in transit and at restRegular security assessments and updatesRestricted access to personal information on a need-to-know basisEmployee training on privacy and security practicesSecure storage and disposal of physical and electronic records

‍6. HIPAA ComplianceAs a healthcare provider, we comply with the Health Insurance Portability and Accountability Act (HIPAA) and protect your health information according to federal regulations. For detailed information about your rights under HIPAA, please request a copy of our Notice of Privacy Practices.

‍7. Data RetentionWe retain your personal information only as long as necessary to fulfill the purposes outlined in this policy, comply with legal obligations, resolve disputes, and enforce our agreements. Health records are maintained according to applicable state and federal regulations.

‍8. Your Rights and ChoicesYou have the right to:Access and review your personal informationRequest corrections to inaccurate informationRequest deletion of your information (subject to legal requirements)Opt out of marketing communicationsFile a complaint with relevant supervisory authorities

‍9. Third-Party ServicesOur website may contain links to third-party websites or services. We are not responsible for the privacy practices of these external sites. We encourage you to review the privacy policies of any third-party services you visit.

‍10. Children’s PrivacyOur services often involve providing care to minors. We collect and use information about children only as necessary to provide ABA therapy services and with appropriate parental or guardian consent as required by law.

‍11. Changes to This Privacy PolicyWe may update this Privacy Policy from time to time to reflect changes in our practices or applicable laws. We will notify you of any material changes by posting the updated policy on our website and, where appropriate, through other communication channels. Your continued use of our services after such changes constitutes acceptance of the updated policy.

‍12. Contact InformationIf you have questions about this Privacy Policy or our privacy practices, please contact us: Positivity Play
Phone: 855-596-0602Email: info@positivityplay.comWebsite: https://www.positivityplay.com/contact-us


13. SMS Terms of ServiceBy opting into SMS communications with Positivity Play, you agree to receive text messages from us. Standard messaging and data rates may apply. Message frequency varies. You can opt out at any time by replying STOP. For help, reply HELP or contact us at 855-596-0602.Supported Carriers: All major U.S. carriers are supported, including but not limited to Verizon, AT&T, T-Mobile, Sprint, and their affiliates.Customer Care: For assistance with our SMS program, text HELP to our number or contact us at 855-596-0602 or info@positivityplay.com.