Terms of Service
Effective date: June 18, 2026
These Terms of Service (“Terms”) govern your access to and use of the Easy IOA application and related services (the “Service”), operated by Justin Graham (“we,” “us,” “our”). By creating an account, tapping “I agree,” or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
These Terms incorporate by reference the Privacy Policy, which forms part of the agreement between you and us.
1. Acceptance and Eligibility
By accepting these Terms, you represent that you are at least 18 years old and are a qualified practitioner (such as a BCBA or RBT) or are otherwise authorized to use a professional behavior-analytic tool. You accept these Terms on your own behalf, as an individual account holder. When you accept, we record evidence of your acceptance — your account identity, a timestamp, your IP address and device information, and the exact version of the Terms you accepted.
2. Definitions
- “You” / “Account Holder” — the individual who creates and uses an Easy IOA account.
- “Student / Client Data” — data you enter describing observed individuals (e.g., behaviors, sessions, IOA results), intended to be de-identified.
- “De-identified Information” — information that does not identify, and cannot reasonably be used to identify, an individual, consistent with applicable law (including the HIPAA de-identification standard).
- “PHI” — Protected Health Information as defined under HIPAA.
3. The Service
The Service is a professional tool for adult clinical staff to conduct and document interobserver agreement (IOA) sessions: two observers, each on their own phone, independently record the same observation, and the Service computes their agreement. You are responsible for all activity under your account. The Service is not directed to or intended for use by children, and children may not use it.
4. Accounts and Security
You agree to provide accurate registration information, keep your credentials confidential, and promptly notify us of any unauthorized use of your account. You are responsible for activity occurring under your account. If you record a session as a second observer (“joining”) at the invitation of another user, you are responsible for the data you enter, and the host remains responsible for the data they own.
5. The Service Is a Tool, Not Clinical Judgment
The Service supports data collection and computation; it does not provide medical, clinical, behavioral, legal, or compliance advice, and does not replace the professional judgment of a licensed or certified professional. It is not a medical device. You are solely responsible for clinical decisions and for the accuracy and appropriate use of data and reports generated through the Service.
6. De-identification of Student/Client Information — Your Obligations
This Section is material to these Terms. The Service is designed to operate on De-identified Information only. You agree to the following:
6.1 De-identified entries only. You will enter and maintain Student/Client Data in de-identified form only — for example, using the same de-identified code or pseudonym you already maintain in your other systems. You will not enter any information that identifies, or could reasonably be used to identify, an individual.
6.2 Prohibited Identifiers — in every field. You will not enter Prohibited Identifiers into any field of the Service — including code-name fields and all free-text fields (such as operational definitions, examples, notes, or comments). “Prohibited Identifiers” include, without limitation: a person’s actual or partial name or initials; dates directly related to an individual; telephone numbers, email or physical addresses; Social Security, medical-record, insurance, or other account numbers; photographs or images; biometric identifiers; device or other unique identifiers; and any other identifier or combination of details that could reasonably identify an individual.
6.3 Free-text vigilance. You acknowledge that narrative fields carry the highest risk of inadvertently introducing identifiers and you will take care to keep all such entries de-identified.
6.4 Warnings do not shift responsibility. The Service may provide warnings, prompts, or automated nudges to help you avoid entering identifiers. These are aids only. You remain solely responsible for ensuring that all data you enter is de-identified, regardless of whether any warning is shown, not shown, dismissed, or inaccurate.
6.5 Your mapping; not our record. Any mapping between a de-identified code and an actual individual is maintained by you, outside the Service. The Service is not the system of record for individual identity.
6.6 Consents and rights. You represent that you have obtained and maintain all consents, authorizations, and legal rights necessary to collect, use, and input the data you place into the Service, and to do so in de-identified form.
6.7 Material breach. Entry of Prohibited Identifiers in violation of this Section is a material breach of these Terms and is subject to the indemnification obligations in Section 12.
7. De-identified Data; No PHI; No Business Associate Arrangement
The Service is designed to operate on De-identified Information only, and you agree not to enter, upload, or transmit PHI through the Service. Because the Service is not intended to receive, create, maintain, or transmit PHI, no business associate arrangement is offered or entered into under these Terms, and we do not undertake business-associate obligations. If your use requires handling identifiable PHI, that is not available under these Terms. We maintain reasonable administrative, technical, and physical safeguards as described in the Privacy Policy.
8. Acceptable Use
You will not: (a) use the Service unlawfully or in violation of these Terms; (b) enter Prohibited Identifiers; (c) attempt to access another user’s data; (d) reverse engineer, disrupt, or compromise the Service or its security; (e) use the Service to make automated decisions without appropriate professional review; or (f) permit unauthorized persons to access the Service through your account.
9. Subscriptions, Fees, and Billing
The Service is currently free during its beta period. No fees are charged, and we do not collect payment card details during the beta. When paid subscriptions become available, the specific prices and terms in effect will be presented to you in the App before you are charged. Easy IOA is offered as individual per-user subscriptions in two tiers (BCBA and RBT), with a 14-day free trial; paid plans renew automatically until cancelled, and renewal, cancellation, and refund terms are disclosed at the point of purchase and handled through the Apple App Store.
10. Data Retention, Export, and Deletion
Data lifecycle, retention, export, and deletion are described in the Privacy Policy. You can permanently delete your account and its associated data at any time from within the App (Profile → Delete account). You are responsible for exporting and independently retaining any records you are required to keep under applicable law; the Service is not your system of record for such purposes.
11. Your Representations and Warranties
You represent and warrant that: (a) you are eligible and authorized to enter these Terms; (b) you will comply with these Terms and applicable law; (c) all data you input is and will remain De-identified Information as required by Section 6; and (d) you have all rights and consents necessary for the data you input.
12. Indemnification
You will defend, indemnify, and hold us harmless from and against any claims, losses, liabilities, damages, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms, including entry of Prohibited Identifiers or any identifiable information in violation of Section 6; (b) your violation of applicable law or third-party rights; (c) your use of the Service or the data you input; or (d) your failure to obtain required consents or to meet your own record-retention or compliance obligations.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Service will be uninterrupted, error-free, or that computations or reports are free of inaccuracies; you are responsible for reviewing outputs with professional judgment.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (b) US $100.
15. Term and Termination
These Terms apply while you use the Service. You may stop using the Service and delete your account at any time. We may suspend or terminate access for breach or to protect the Service or other users. Upon termination, data handling proceeds as described in the Privacy Policy. Sections that by their nature should survive (including Sections 6, 7, 11, 12, 13, 14, and 18) survive termination.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated and, where required, will request renewed acceptance. Continued use after the effective date of updated Terms constitutes acceptance.
17. Apple App Store and Third-Party Platforms
The Service is distributed through the Apple App Store and TestFlight. To the extent these Terms govern your use of an App Store version of the Service: these Terms are between you and us only, not Apple, and Apple is not responsible for the Service or its content; Apple has no obligation to provide maintenance or support; in the event the Service fails to conform to any applicable warranty, you may notify Apple for any applicable refund, and to the maximum extent permitted by law Apple has no other warranty obligation; Apple is not responsible for addressing any claims relating to the Service; Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you; and you represent that you are not located in a U.S.-embargoed country or on a U.S. government restricted-parties list.
18. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State in which the operator resides, without regard to its conflict-of-laws rules. You and we agree to attempt in good faith to resolve any dispute informally before pursuing formal proceedings, and to bring any claim exclusively in the state or federal courts located in that State.
19. Miscellaneous
These Terms, together with the Privacy Policy, constitute the entire agreement regarding the Service and supersede prior agreements. If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent; we may assign in connection with a merger or sale. No waiver is implied by any failure to enforce.
20. Contact
Questions about these Terms: Justin Graham — j.aik.graham@gmail.com.
By tapping “I Agree,” you confirm that you are at least 18 years old, that you have read and agree to these Terms (including the De-identification obligations in Section 6), and that your acceptance may be recorded as described in Section 1.