Terms of Use

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1. Introduction

Welcome to Flexspeak.

The website located at www.flexspeak.com (the "Site") and the Flexspeak mobile application (the "App") are copyrighted works owned by Flexspeak, Inc. ("Company," "Flexspeak," "we," "our," or "us").

Certain features of the Site or App may be subject to additional guidelines, policies, or terms that are posted in connection with those features. Those additional terms are incorporated into these Terms of Use by reference.

These Terms of Use ("Terms") constitute a legally binding agreement governing your access to and use of the Site and App.

By accessing or using the Site or App, you agree to be bound by these Terms on behalf of yourself or any organization you represent. You represent and warrant that you have the legal authority to enter into these Terms.

If you are under 18 years of age, you may only use the Site or App with the consent and supervision of a parent, legal guardian, or authorized service provider.

If you do not agree to these Terms, you may not access or use the Site or App.

Important Notice: Section 10.2 contains an arbitration agreement and other provisions affecting your legal rights. Please read it carefully.

2. Accounts

2.1 Account Creation

Certain features require you to register for an account ("Account").

When creating an Account, you represent and warrant that:

  • All registration information you provide is truthful and accurate.

  • You will keep your information accurate and up to date.

You may delete your Account at any time by following the instructions within the Site or App.

Flexspeak may suspend or terminate your Account in accordance with Section 8.

Your account type (for example, educator, clinician, caregiver, or AAC end-user) may determine which features and data practices apply to you, as described in our Privacy Policy.

2.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your Account.

You agree to notify Flexspeak immediately of:

  • Any unauthorized use of your Account; or

  • Any suspected security breach.

Flexspeak is not responsible for losses resulting from your failure to safeguard your Account credentials.

3. Access to the Site and App

3.1 License

Subject to these Terms, Flexspeak grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site and App solely for your personal, non-commercial use.

3.2 Restrictions

You may not:

  • License, sell, rent, lease, sublicense, transfer, assign, or commercially exploit the Site or App.

  • Modify, adapt, translate, create derivative works from, reverse engineer, decompile, or disassemble any portion of the Site or App.

  • Use the Site or App to develop a competing product or service.

  • Copy, reproduce, distribute, republish, download, display, transmit, or otherwise duplicate any portion of the Site or App except as expressly permitted.

3.3 Modifications

Flexspeak may modify, suspend, or discontinue any portion of the Site or App at any time without prior notice.

We are not liable for any modification, interruption, or discontinuation of the Site or App.

3.4 Support

Unless expressly stated otherwise, Flexspeak has no obligation to provide maintenance, technical support, or updates.

3.5 Ownership

Except for User Content (defined below), all intellectual property rights in the Site, App, software, graphics, text, logos, and other content are owned by Flexspeak or its licensors.

These Terms do not transfer ownership of any intellectual property rights to you.

4. User Content

4.1 User Content

"User Content" means any information, materials, text, images, AAC vocabulary, profiles, communications, or other content you upload, submit, create, or use through the Site or App.

You remain solely responsible for your User Content and all consequences arising from it.

4.2 License to Flexspeak

You grant Flexspeak a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, adapt, display, distribute, and otherwise use your User Content as necessary to operate, improve, and provide the Services.

4.3 Acceptable Use

You agree not to:

  • Upload unlawful or infringing content.

  • Upload viruses, malware, or malicious code.

  • Collect personal information about other users without permission.

  • Attempt to interfere with the security or operation of the Site or App.

  • Misuse the Services in any way that could harm Flexspeak or other users.

4.4 AI Features

Certain features of Flexspeak utilize artificial intelligence ("AI Features").

By using AI Features, you agree to the applicable AI Terms, which are incorporated into these Terms by reference.

5. Third-Party Services

The Site and App may contain links to third-party websites, products, advertisements, or services.

Flexspeak does not control and is not responsible for any third-party content or services.

Your use of third-party services is entirely at your own risk.

6. Disclaimers

The Site, App, and all Services are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, Flexspeak disclaims all warranties, express, implied, or statutory, including:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Accuracy

  • Availability

  • Reliability

We do not guarantee uninterrupted, secure, or error-free operation.

7. Warranty Disclaimer and Limitation of Liability

Warranty Disclaimer

Because generative artificial intelligence is probabilistic, Flexspeak makes no guarantees regarding the accuracy, completeness, reliability, or suitability of AI-generated content.

AI-generated outputs should always be reviewed by qualified professionals before being relied upon for educational, clinical, medical, legal, or other important decisions.

Limitation of Liability

To the fullest extent permitted by applicable law:

Flexspeak, its licensors, suppliers, employees, officers, directors, and affiliates shall not be liable for:

  • Indirect damages

  • Incidental damages

  • Consequential damages

  • Special damages

  • Loss of profits

  • Loss of goodwill

  • Loss of business

  • Loss of data

  • Loss of time

Our total liability shall not exceed the greater of:

  • $100 USD, or

  • The amount you paid to Flexspeak during the twelve (12) months preceding the claim.

Some jurisdictions do not permit certain limitations, so these limitations may not apply to you.

8. Term and Termination

These Terms remain in effect while you use the Site or App.

Flexspeak may suspend or terminate your access at any time, with or without notice, if we believe you have violated these Terms or for any other lawful reason.

9. Copyright Policy

Flexspeak respects the intellectual property rights of others.

If you believe material available through the Site or App infringes your copyright, please contact our designated Copyright Agent with sufficient information to investigate your claim.

10. General Provisions

10.1 Changes to These Terms

We may revise these Terms from time to time.

Continued use of the Site or App after revised Terms become effective constitutes acceptance of the updated Terms.

10.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the Site or App shall be resolved through binding arbitration as set forth in our Arbitration Agreement, except where prohibited by law.

10.3 Contact Information

If you have any questions regarding these Terms, please contact us:

Flexspeak, Inc.

Attn: Alan Vu

Address: 14561 Wakefield St.
Westminster, CA 92683

Email: team@flexspeak.com