AI Terms

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1. Introduction and Scope

These terms apply to your use of AI-powered products and tools within Flexspeak (collectively, "Flexspeak AI™"), including, but not limited to: Translate Mode, Quick Add, AI Assist, keyboard AI predictions, Studio AI content tools (including Quick Add for visuals and Studio Builder), voice banking, and Ask Flexspeak (Flexspeak's in-app AI assistant) (collectively, "AI Products"). We reserve the right to update these terms from time to time with reasonable notice.

2. Acceptable Use

Please use AI Products responsibly and do not use them to create harmful content. We will not allow any use of AI Products that violates these terms or Flexspeak's Acceptable Use Policy, and we may suspend or terminate your account if we find that you are using it in this way.

In addition to the matters listed in our Acceptable Use Policy, it is prohibited to use AI Products to:

  • Mislead anyone that the content generated by AI Products is human-generated;

  • Provide medical advice or any content regarding the treatment, prevention, diagnosis or transmission of diseases;

  • Provide legal or financial advice;

  • Generate contracts or legally binding obligations;

  • Generate political content including for dissemination in electoral campaigns;

  • Generate source code for malicious purposes;

  • Generate spam, ransomware, keyloggers, viruses or other malicious software;

  • Generate nudity or shocking content including obscene gestures, bodily fluids or other profane subjects;

  • Generate or disseminate information to be used for the administration of justice or other legal purposes;

  • Implement fully-automated decision making without human review.

  • Create a voice clone of any person without their consent (or the consent of their parent or legal guardian), or use a cloned voice to impersonate any person.

Ask Flexspeak can help draft IEP or AAC-related goals. Those outputs are a starting point for professional judgment, not a final IEP or treatment plan. You remain responsible for reviewing, individualizing, and finalizing all content for accuracy and compliance. Ask Flexspeak does not determine eligibility, placement, or services, and does not replace assessment or professional sign-off.

3. User Responsibility

You are responsible for any text you input or content you upload when using AI Products. AI suggestions are provided as assistance only and do not replace human judgment. While we understand that communicating about health conditions and personal needs is essential for augmentative and alternative communication (AAC) users, you agree to use these features responsibly and in accordance with our Acceptable Use Policy.

As between you and Flexspeak, you own your communications and content. You give Flexspeak the limited technical right to process your content through our AI Products solely to provide our services. Flexspeak does not claim ownership of your communications.

Chat history (Ask Flexspeak). To provide the assistant, Flexspeak stores Ask Flexspeak conversations on Flexspeak's systems. That includes your prompts, assistant replies, attachments you upload to the assistant, and a limited context snapshot needed to resume the thread (for example, which visual is open). We keep this history so you can continue a conversation, so proposed changes can be reviewed and applied by you, and for security, abuse prevention, and support. Conversations are retained for 90 days after last activity, unless you delete the thread sooner or delete your account. Educational institutions may request earlier deletion as described in Section 6.3 and our Privacy Policy. Conversation history is not used to train Flexspeak or third-party AI models.

Provider processing. When you use an AI Product, the input you submit for that request is sent to a third-party AI provider so we can generate the output. That provider processing is separate from Flexspeak's chat history. Providers are contractually prohibited from using your data to train their models. Depending on the provider, data is processed under a Zero Data Retention workflow or retained only briefly for automated safety and abuse monitoring, after which it is automatically deleted. See Section 6.2 and Section 8.

If any content is alleged to violate laws or these terms, Flexspeak may be required to disclose such content to authorized legal authorities. Some AI Products may have usage limits and language availability restrictions, and you will be notified of any applicable limits.

4. Sharing & Publication Policy

4.1 Social Media, Livestreaming and Demonstrations

Posting your own prompts and content to social media is generally permissible, as is live-streaming or demonstrating AI Products to others, as long as you:

  • Manually review each Output before sharing or while streaming;

  • Attribute the content to your name or your company;

  • Indicate that the content is AI-generated in a way no user could reasonably miss or misunderstand;

  • Do not share content that violates these terms, or that may offend others.

4.2 Content Co-authored with AI Products

You may publish first-party written content (e.g., a book) created in part with AI Products under the following conditions:

  • The published content is attributed to your name or company;

  • The role of AI in formulating the content is clearly disclosed in a way that no reader could reasonably miss;

  • The content does not violate our Acceptable Use Policy or these terms;

  • You refrain from sharing outputs that may offend others.

You should not represent AI-generated content as being wholly generated by you, and you must take ultimate responsibility for the content being published.

5. AAC-Specific Considerations

We understand that AAC users rely on our platform for essential communication needs. Flexspeak AI features are designed to:

  • Support communication across multiple languages

  • Reduce keystrokes and effort required to communicate

  • Suggest relevant vocabulary

  • Enhance communication efficiency for users with motor or speech impairments

AAC users and their caregivers may communicate about health conditions, personal needs, and daily activities. Such communication is supported and protected, provided it adheres to these terms.

6. Data Rights and Privacy

6.1 Content Ownership and Processing

  • You own your communications and content created using Flexspeak.

  • You grant Flexspeak the limited technical right to process your content through our AI features solely to provide our services.

  • Flexspeak does not claim ownership of your communications.

  • Ask Flexspeak conversation history is stored by Flexspeak as described in Section 3, so the assistant can function. That Flexspeak-hosted history is not used to train AI models.

  • Inputs sent to third-party AI providers to fulfill a request are processed as described in Sections 6.2 and 8. Those providers do not use your data to train their models.

6.2 Zero Data Retention for Educational Institutions (AI providers)

For educational institutions and users subject to FERPA, COPPA, NY Education Law 2-d, or similar privacy regulations:

  • Inputs sent to third-party AI service providers are processed through a Zero Data Retention workflow, or retained by the provider only briefly for automated safety and abuse monitoring and then deleted. This workflow is designed so student data is not stored by those providers for training, not logged for human review (except automated safety checks), and not used to improve third-party models or services.

  • This provider workflow is separate from Flexspeak's own storage of Ask Flexspeak chat history, which is retained on Flexspeak systems as described in Section 3 so you can use the assistant.

  • User data is not used to improve third-party services or train AI models.

  • All data transmission employs industry-standard encryption methods aligned with recognized cybersecurity frameworks.

  • We implement role-based access controls and robust authentication mechanisms to protect data.

  • Flexspeak takes reasonable measures to ensure your data is processed securely, but makes no warranty as to third-party processing beyond our contractual safeguards.

Voice cloning is an exception to provider zero-retention: when you create a cloned voice, the resulting voice model is stored by our voice provider so it can speak for you, and is retained until you delete the voice or your account, as described in our Privacy Policy.

6.3 Data Return and Deletion Rights

Educational institutions may request the return or deletion of all data at any time. Upon such request or upon termination of services, Flexspeak will either return all institutional data in a standard, usable format or undertake commercially reasonable efforts to securely delete such data within 30 days, according to the institution's preference.

You may delete an Ask Flexspeak conversation in the product. Deleting your account deletes associated Ask Flexspeak conversations.

7. AI Governance for Educational Institutions

For educational institutions using Flexspeak, we:

  • Maintain transparency in AI decision-making processes with documentation available upon reasonable request

  • Take reasonable measures to mitigate potential bias in AI features through regular testing and evaluation

  • Provide human-reviewable AI outputs that can be accepted, modified, or rejected by users (including Ask Flexspeak proposals, which are not applied until you approve them)

  • Do not implement fully automated decision-making systems that impact educational outcomes

  • Do not use educational institution data to train our AI models

8. Technology Partners

Flexspeak uses technology provided by third-party service providers to provide some of our AI Products. You acknowledge that any Input you provide, including any personal data you choose to include within that Input, will be shared with third-party service providers we engage to enable functionality within the Service.

By using the AI Products, you direct and consent to personal data you include in an Input being processed by third parties in the United States, which may include OpenAI, LLC, Anthropic, PBC, Google LLC, and other providers listed in our subprocessors documentation or data processing agreement. For educational institutions and users subject to FERPA, COPPA, or similar privacy regulations, we process inputs to those providers through a Zero Data Retention workflow or equivalent short-retention safety terms, as described in Section 6.2, to minimize data exposure at the provider.

Flexspeak implements contractual safeguards with these providers and takes reasonable measures to ensure your data is processed securely, but cannot guarantee the actions of third parties. Flexspeak is not responsible for the acts or omissions of its technology partners that are outside Flexspeak's reasonable control.

9. Limitation of Liability

IN NO EVENT WILL FLEXSPEAK'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR USE OF AI PRODUCTS EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO FLEXSPEAK IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $500. FLEXSPEAK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE AI PRODUCTS.

10. Disclaimer of Warranties

FLEXSPEAK AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHILE WE STRIVE FOR ACCURACY, WE CANNOT GUARANTEE THAT AI-GENERATED CONTENT WILL BE ERROR-FREE OR APPROPRIATE IN ALL CONTEXTS. FLEXSPEAK MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT.

USERS, GUARDIANS, AND SERVICE PROVIDERS SHOULD REVIEW AI-GENERATED SUGGESTIONS BEFORE COMMUNICATING THEM, ESPECIALLY IN IMPORTANT CONTEXTS. FLEXSPEAK IS NOT RESPONSIBLE FOR MISCOMMUNICATIONS RESULTING FROM AI-GENERATED CONTENT.

THE AI PRODUCTS ARE NOT INTENDED TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL, LEGAL, FINANCIAL, EDUCATIONAL, OR OTHER PROFESSIONAL MATTERS, INCLUDING IEP DEVELOPMENT.

11. Amendments and Feedback

We welcome feedback on our AI Products. You can get in touch with our Support team at team@flexspeak.com to provide feedback at any time.

We reserve the right to modify these terms from time to time, with appropriate notice to users. Your continued use of the AI Products after such modifications will constitute your acknowledgment of the modified terms.