Sunny Day Behavioral - Terms & Conditions

Effective Date: June 17, 2025

These Terms & Conditions (“Agreement”) govern your access to and use of the services provided by Sunny Day Behavioral, LLC (“SDB,” “we,” “our,” or “us”), including Applied Behavior Analysis (ABA) therapy, Zoom sessions, website usage, communications, and associated platforms. By accessing any of our services or registering for a Zoom event hosted by Sunny Day Behavioral, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our services, websites, applications, or participating in Zoom-hosted events, you:

Affirm you are over 18 or a legal guardian of the child receiving services.

Consent to all data policies in our Privacy Policy and HIPAA Notice.

Agree to irrevocably release certain rights to data, content, and intellectual materials as outlined.

Agree to be bound by these Terms & Conditions and the specific terms related to Zoom registration events.

2. Scope of Services

SDB provides:

ABA therapy and consulting services

Parent/caregiver training

Data collection, assessments, reports, and progress evaluations

Zoom-hosted professional development and education events

Communication through secure portals, forms, texts, emails, or Zoom

Services may be rendered in homes, schools, community settings, or virtually via Zoom depending on plan approval.

3. Eligibility

Services and event access are provided only to clients and participants:

With completed intake or registration documentation

Who meet clinical criteria for ABA (for therapy clients)

Whose funding source has authorized services (for therapy clients)

We reserve the right to discontinue services or revoke Zoom access for any non-compliance, fraud, disruptive conduct, or safety issues.

4. Appointments & Cancellations (for ABA clients)

Sessions must be canceled with at least 24 hours’ notice unless an emergency occurs

More than three missed sessions without notice may result in discharge

Repeated cancellations may trigger clinical and funding source review

5. Consent to Recording & Observation

You agree that:

Sessions or events may be observed live or recorded for supervision, quality assurance, training, or documentation

Zoom sessions may be recorded by SDB for internal use only

Materials submitted (e.g., video responses) may be used for internal development or compliance

No personally identifiable information will be used for external marketing without written consent

6. Financial Responsibility (for therapy clients)

You are responsible for:

Any co-pays, deductibles, or charges not covered by insurance

Updating insurance or billing information within 5 business days of any change

Providing accurate authorization and payment details

Failure to comply may result in account suspension or collection procedures.

7. Intellectual Property & Content Ownership

All materials, content, and instructional media presented during sessions or events (live or via Zoom) are the exclusive intellectual property of Sunny Day Behavioral. You agree that:

You will not copy, distribute, record, alter, or resell any materials without written permission

All session or event content, including recorded segments, remains SDB property

All custom forms, training, or tools developed through service are owned by SDB

8. Data Use, Privacy & Confidentiality

By participating in our services or Zoom sessions:

You authorize us to collect, retain, and analyze relevant data for internal compliance, insurance, and training

You acknowledge that personal data may be stored securely and protected by encryption

You waive the right to share participant details, screenshots, or recordings from Zoom sessions

You may request access, correction, or deletion of your data by contacting [email protected]

9. Limitation of Liability

To the fullest extent permitted by law:

SDB is not liable for incidental, indirect, or consequential damages from service or Zoom usage

You waive class-action rights and any claim to punitive damages

10. Modifications

We may modify these Terms, our pricing, or service structure without notice. The latest version is posted on www.sunnydaybehavioral.com and is effective immediately upon publication. Continued use of services or event attendance constitutes agreement.

11. Severability

If any portion of this Agreement is found to be unenforceable, all remaining sections remain valid.

12. Governing Law

This Agreement is governed by the laws of the State of Florida. Any dispute shall be resolved through binding arbitration in Miami-Dade County, FL.