1. The agreement
These Terms govern access to and use of HABLA (the “Service”) by the organisation that subscribes to it (“you” or “Customer”). The Service is provided by Pragmatic Business Solutions, LLC, Rio Grande City, Texas (“we” or “us”). By signing an order form, creating an account, or using the Service, you agree to these Terms.
Where a signed order form conflicts with these Terms, the order form controls as to the conflict and these Terms control in all other respects. Our Privacy Policy, Acceptable Use Policy, and Data Processing Addendum form part of this agreement.
Whoever accepts these Terms represents that they have authority to bind the organisation they represent.
2. What HABLA is, and what it is not
HABLA is an information and referral tool. It gives a person language for asking for help, shows them who they might turn to, and — if that person chooses — delivers their request for contact to the recipient you designate.
HABLA is not an emergency or crisis service, not a screener, not a diagnostic, not treatment, not triage, and not medical or mental-health care. It does not replace 911, 988, or any professional. No one on our side monitors the Service in real time, and the Service does not itself detect or escalate emergencies.
No feature of the Service evaluates an individual’s risk, infers a condition from their use, or generates clinical content without prior human review. That restriction is a property of the product, not of its configuration: there is no setting that turns it off.
3. What the Customer is responsible for
The Service’s value depends on decisions only you can make. You agree to:
- Designate at least one referral recipient who is a real, trained person, who reviews requests within the acknowledgement window you configure, and a backup contact for when that person is unavailable.
- Keep any local crisis resources you add accurate and current. The national resources that ship by default cannot be removed or hidden; the ones you add are yours, and their accuracy is your responsibility.
- Brief the people who receive submissions on their own mandatory-reporter obligations under Texas Family Code §261.101 or the law applicable to them. Those obligations attach to those people, not to the platform.
- Obtain any authorisation, notice, or consent your jurisdiction requires before making the Service available to minors, and not deploy it to minors until you have that determination in writing.
- Administer your own console accounts: who has access, in which role, and deactivating anyone who should no longer have it.
We cannot discharge these obligations for you. A submission that arrives in an inbox nobody opens is the worst failure this product can have, and that configuration is yours.
4. Access and accounts
We grant you a non-exclusive, non-transferable, revocable right to access the Service during the term for your own internal operations. The public experience is offered to the people in your organisation with no account, no registration, and no identification.
You are responsible for activity under your console accounts and must notify us promptly of any suspected unauthorised access.
5. Fees, term, and the EKRA boundary
Fees, term, and renewal are set out in the order form. Unless it says otherwise, fees are invoiced in advance and are non-refundable once the period has begun.
No amount payable under this agreement — in either direction — varies with the number of contacts, referrals, bookings, enrolments, or patients. Provider listings, where they exist, are a flat annual fee at fair market value. Neither you nor we will offer, pay, solicit, or receive any remuneration in exchange for referring a person to a health care service. This reflects EKRA (18 U.S.C. §220), Texas Occupations Code §102.001, and Texas Health & Safety Code §161.091.
If you request volume-based or outcome-based pricing, we will decline and escalate it in writing. This is not a commercial preference.
6. Content and clinical review
Content ships as “audience packs”. No version of a pack can be published without a named licensed clinical reviewer on the record; that restriction is enforced by the database and there is no bypass path.
Content you supply or edit is yours, and you represent that you have the right to use it. If you edit clinical content, review of that edit is your responsibility and your reviewer’s.
AI-assisted translation is permitted only with mandatory human review, and no translation publishes without the name of the person who reviewed it.
7. Data, and what we cannot produce
The Service physically separates two kinds of data. Signal data is anonymous and stored truncated to the hour, with no session, no device, and no IP address. Contact data identifies the person who asked to be contacted, is encrypted, and is delivered only to the recipient you configured. No service holds credentials to both sides and there is no key that joins them.
As a consequence, there are requests we will not be able to satisfy: we cannot tell you who used the Service, we cannot give you individual responses, we cannot show you any group below your minimum cell size, we cannot give you anything relating to crisis topics because none is recorded, and we cannot produce raw data. This applies to a subpoena as well: it is not that we decline, it is that the information does not exist.
The minimum cell size can be raised, never lowered — including by us. Processing of personal data is governed by the Data Processing Addendum.
8. Acceptable use
Use of the Service is subject to the Acceptable Use Policy. Two prohibitions are worth naming here: you may not mandate completion of the Service or maintain lists of who completed it, and you may not attempt to re-identify any individual from aggregate data.
9. Intellectual property
The Service, its software, design, brand, and baseline content are ours or our licensors’. You retain ownership of your content, your logo, and your configuration. Neither party acquires rights in the other’s marks beyond what the order form authorises.
We may use aggregated, de-identified data about the operation of the Service to operate and improve it. That data never includes contact-plane data or anything that could identify a person.
10. Third parties and listed providers
The Service may display third-party resources and providers. We do not operate them, do not supervise them, and are not responsible for the care they provide. A listing is not a clinical recommendation and not a guarantee of availability, quality, coverage, or outcome.
11. Warranties and disclaimer
We will provide the Service with reasonable care and skill. Beyond that, and to the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.
We do not warrant that any person will ask for help, will ask in time, that a recipient will respond, or that any clinical outcome will improve. The Service delivers words and a route; what happens next depends on people.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, nor for lost profits, lost data, or reputational harm, even if advised of the possibility.
Our total aggregate liability arising out of this agreement will not exceed the amount you paid us in the twelve months preceding the event giving rise to it.
These limits do not apply where the law does not permit limitation, including liability for wilful misconduct, fraud, or personal injury caused by negligence.
Where the Customer is a Texas governmental entity, nothing in this section or the next will be construed as a waiver of its sovereign immunity or as an obligation exceeding what Texas Government Code §2260 and other applicable law permit.
13. Indemnification
You will indemnify us against third-party claims arising from your content, your configuration of the Service, your breach of the Acceptable Use Policy, or the conduct of the people you designated to receive submissions.
We will indemnify you against third-party claims alleging that the Service, used in accordance with this agreement, infringes an intellectual property right.
14. Suspension and termination
Either party may terminate for material breach not cured within thirty days of notice. We may suspend access immediately for use that endangers the security of the Service or the privacy of any individual.
On termination, console access ends. Contact-plane data is purged according to the configured retention period or, if you request it sooner, within the window set by the Data Processing Addendum. Signal data is anonymous and cannot be returned or individually deleted, because there is no individual it is associated with.
15. Changes
We may modify the Service provided we do not materially reduce its functionality during a paid period. We may update these Terms on reasonable prior notice; if a change materially disadvantages you, you may terminate before it takes effect.
No change to these Terms may weaken the privacy commitments described in section 7. That document outranks this one.
16. Governing law and venue
This agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Exclusive venue is the state and federal courts of competent jurisdiction in Starr County, Texas, unless law applicable to a governmental entity requires otherwise.
Before litigating, the parties will attempt in good faith to resolve the dispute through negotiation between people with authority to settle.
17. General
- Assignment: neither party may assign without consent, except to a successor by merger or asset purchase.
- Severability: if a clause is held invalid, the remainder stays in force.
- Waiver: tolerating a breach does not waive the right to enforce later.
- Force majeure: neither party is liable for failures caused by events beyond its reasonable control.
- Entire agreement: these Terms, the order form, and the incorporated documents are the parties’ entire agreement.
- Notices: in writing, to each party’s contact address of record in the console.