Terms of Service for SpeechCatcher

1. Definitions

• "Client" means a patient or individual whose speech therapy sessions are recorded or analyzed using the Service.
• "Encrypted Session Data" means all data—including audio recordings, metadata, client information, and test results—that is encrypted on Your device before transmission to our servers using end-to-end encryption.
• "Provider" means a licensed speech-language pathologist, clinician, educator, or researcher who subscribes to and uses the Service in a professional capacity.
• "Service" means, collectively, the SpeechCatcher iPad application, the SpeechCatcher cloud platform, APIs, the speechcatcher.ca website, and all related online services operated by Speech Metrics. Your licence to install and use the iPad application is additionally governed by the End User License Agreement; these Terms govern Your access to and use of the Service as a whole.
• "Subscription" means a paid plan providing access to the Service for a defined billing period.

2. Eligibility and Account Registration

2.1 Professional Use: The Service is designed for use by qualified healthcare professionals, educators, and researchers. By registering, You represent that You are accessing the Service for professional, commercial, or business purposes and not as a personal consumer.

2.2 Account Creation: To access the Service, You must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of Your login credentials and for all activities that occur under Your account.

2.3 Account Security: You must notify Us immediately at support@speechcatcher.ca if You become aware of any unauthorized use of Your account. We are not liable for any loss arising from unauthorized access to Your account.

3. Description of the Service

3.1 Overview: SpeechCatcher provides cloud-based tools for speech recording, error marking, and automated analysis to support clinical assessment and research. The Service is a tool to support, not replace, professional clinical judgment.

3.2 Zero-Knowledge Architecture: The Service employs end-to-end encryption using industry-standard cryptographic methods (RSA with OAEP-sha256 padding + AES-256-GCM). All Encrypted Session Data is encrypted on Your device before transmission. We do not possess the cryptographic keys required to decrypt Your data and cannot access, view, or listen to any session content.

3.3 No Medical Advice: The Service does not provide medical or diagnostic advice. The Service is not a medical device cleared by Health Canada or the U.S. Food and Drug Administration. All clinical decisions, diagnoses, and treatment plans remain Your sole responsibility.

4. Subscription, Billing, and Payment

4.1 Subscription Plans: Access to certain features of the Service requires a paid Subscription. Details of available plans, including pricing and features, are published on our website.

4.2 Billing Cycle: Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected). Payment is charged to Your Apple ID account at confirmation of purchase. Your Subscription automatically renews at the end of each billing period unless You cancel before the renewal date in accordance with Section 4.7.

4.3 Payment Processing: Subscriptions purchased through the SpeechCatcher iPad application are billed by Apple Media Services through Your Apple ID account, in accordance with the Apple Media Services Terms and Conditions. Your payment information is handled directly by Apple and is not stored on our servers. We use RevenueCat as our subscription-management platform to validate Apple receipts and synchronize Your entitlement status; RevenueCat receives Your Apple subscription identifiers and purchase metadata but does not receive payment card details. Your use of Apple Media Services is subject to Apple's own terms and privacy policy.

4.4 Taxes: All fees are exclusive of applicable taxes. Apple collects and remits applicable taxes on Your subscription as required by Your jurisdiction. To the extent any taxes are not collected by Apple, You are responsible for all applicable federal (GST) and provincial (HST) taxes, or other taxes or duties imposed by any jurisdiction.

4.5 Price Changes: We reserve the right to modify Subscription pricing. For material price increases, Apple will notify You and request Your consent before the next renewal in accordance with Apple's rules; Your subscription will not auto-renew at the increased price without Your consent. We may also provide direct notice within the Service of upcoming price changes at least thirty (30) days in advance.

4.6 Refunds: Subscription fees are non-refundable except where required by applicable law. Because Apple collects payment for iOS subscriptions, refund requests must be submitted to Apple at reportaproblem.apple.com. Speech Metrics cannot directly refund subscriptions billed by Apple. If You cancel Your Subscription, You will retain access to the Service through the end of Your current billing period.

4.7 Auto-Renewal Terms: The following terms apply to all auto-renewing subscriptions purchased through the iPad application:

• Payment is charged to Your Apple ID account at confirmation of purchase.
• Your Subscription automatically renews unless auto-renewal is turned off at least twenty-four (24) hours before the end of the current period.
• Your account is charged for renewal within twenty-four (24) hours prior to the end of the current period at the price of the chosen plan.
• You may manage Your Subscription and turn off auto-renewal at any time after purchase by going to Your Apple ID account settings on Your device (Settings > [Your Name] > Subscriptions).
• Cancelling auto-renewal stops the next renewal; no cancellation of the current Subscription is permitted during the active billing period, and You will retain access to the Service through the end of that period.
• Any unused portion of a free trial period, if offered, is forfeited when You purchase a paid Subscription, where applicable.

4.8 Introductory Offers and Free Trials: From time to time We may make introductory pricing or free trial offers available through the App Store. Eligibility for any such offer is determined by Apple in accordance with Apple's rules and is generally limited to new subscribers; users who have previously subscribed to the same or a related subscription group, including via Family Sharing, are not eligible. We do not control eligibility decisions made by Apple. Introductory pricing applies for the period stated at the time of purchase, after which the Subscription renews at the then-current standard price unless cancelled in accordance with Section 4.7.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service in any manner that could disable, overburden, or impair the Service or interfere with any other party's use of the Service, including denial-of-service attacks, unauthorized scraping, or data mining.
• Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks connected to the Service.
• Share account credentials with unauthorized individuals or allow multiple professionals to use a single-user license.
• Use the Service to falsify patient records, generate fraudulent clinical or research data, impersonate another healthcare professional, or engage in deceptive medical practices.
• Upload, transmit, or distribute content that is defamatory, harassing, abusive, or that violates the rights of any third party.
• Use the Service for any purpose that violates applicable local, provincial, federal, or international law.

Violation of this section may result in immediate suspension or termination of Your account without notice or refund.

6. Data Ownership and Responsibilities

6.1 Your Data: You retain all rights, title, and interest in Your Encrypted Session Data. We claim no ownership over any data You upload, create, or store using the Service. We process Your Encrypted Session Data solely to provide the Service at Your direction.

6.2 Consent and Compliance: You represent and warrant that You have obtained all necessary and legally required consents, authorizations, and permissions from Your Clients (or their legal guardians) to record, store, and process their data within the Service. You are solely responsible for ensuring Your use of the Service complies with all applicable privacy and health data laws, including PIPEDA, provincial health information acts, HIPAA, and GDPR as applicable to Your jurisdiction.

6.3 Data Processing Role: With respect to Encrypted Session Data, You are the data controller (under GDPR), health information custodian (under Canadian provincial law), or covered entity (under HIPAA). Speech Metrics acts as the data processor, information management service provider, or business associate, respectively. Our processing is limited to the secure storage and transmission of encrypted data at Your direction.

6.4 Lost Key Disclaimer: BECAUSE THE SERVICE UTILIZES END-TO-END ENCRYPTION, WE DO NOT POSSESS YOUR DECRYPTION KEYS. YOU ACKNOWLEDGE AND AGREE THAT IF YOU LOSE YOUR PASSWORD OR ENCRYPTION KEYS, YOUR ENCRYPTED SESSION DATA WILL BE PERMANENTLY IRRETRIEVABLE. THE COMPANY IS NOT LIABLE FOR ANY DATA LOSS RESULTING FROM LOST CREDENTIALS.

7. Privacy and Related Agreements

7.1 Privacy Policy: Your use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference. The Privacy Policy describes how we collect, use, and protect Your information.

7.2 EULA: Your licence to install and use the SpeechCatcher iPad application is additionally governed by the End User License Agreement. The EULA addresses the licence to use the application itself; these Terms govern Your relationship with Us in respect of the Service as a whole, including the cloud platform. In the event of a conflict between these Terms and the EULA regarding any matter other than the application licence, these Terms shall govern.

7.3 Business Associate Agreement: If You are subject to HIPAA, the terms of our Business Associate Agreement (BAA), available upon request, are incorporated into these Terms by reference. To request a BAA, contact support@speechcatcher.ca.

7.4 Data Processing Agreement: If You require a Data Processing Agreement (DPA) under GDPR or other applicable data protection law, one is available upon request by contacting privacy@speechmetrics.ca.

8. Third-Party Services

The Service relies on third-party infrastructure and service providers, including but not limited to cloud infrastructure provided by Google LLC through the Firebase platform (Cloud Firestore, Cloud Storage for Firebase, Cloud Functions, and Firebase Authentication), in the region You select at account creation (North America, the European Union, or Australia); identity and authentication providers (Firebase Authentication; Sign in with Apple; Sign in with Google); payment and subscription providers (Apple Media Services for App Store billing; RevenueCat for subscription receipt validation and entitlement management); and analytics services (PostHog). These third-party services are governed by their own terms and policies. We are not responsible for the availability, security, or practices of any third-party service, except to the extent required by our contractual obligations with those providers. Encrypted Session Data is stored on Firebase infrastructure but is encrypted on Your device before transmission; the hosting provider is contractually and technically prevented from accessing its content. Analytics data is collected only with Your explicit consent as described in our Privacy Policy.

9. Service Availability and Modifications

9.1 Availability: We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

9.2 Modifications: We reserve the right to modify, update, or discontinue any feature or aspect of the Service at any time. We will provide reasonable notice of material changes that adversely affect Your use of the Service. Continued use of the Service after such changes constitutes acceptance of the modified Terms.

10. Intellectual Property

The Service, including all software, algorithms, clinical reporting formats, designs, text, graphics, trademarks, and other intellectual property, are and shall remain the sole and exclusive property of Speech Metrics or its licensors. These Terms do not grant You any rights to our trademarks, service marks, or branding. Nothing in these Terms transfers ownership of any intellectual property to You.

11. Termination

11.1 Termination by You: You may delete Your account at any time from within the iPad application by navigating to Account > Delete Account, or by contacting support@speechcatcher.ca. Cancellation of any active Apple-billed Subscription must be done separately through Your Apple ID account settings (Settings > [Your Name] > Subscriptions); cancellation takes effect at the end of Your current billing period and is governed by Section 4.7.

11.2 Termination by Us: We may suspend or terminate Your access to the Service immediately, without prior notice, if You breach these Terms, engage in prohibited conduct, or if We are required to do so by law. We may also terminate the Service entirely upon thirty (30) days' notice.

11.3 Data After Termination: Upon termination or cancellation, You will have a grace period of thirty (30) days to export Your Encrypted Session Data using the tools provided in the Service. After the grace period, We reserve the right to delete Your Encrypted Session Data from our servers. It is Your responsibility to ensure all necessary data is exported before the grace period expires. Account data may be retained as required by law.

11.4 Survival: Sections 6 (Data Ownership), 10 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Governing Law) shall survive termination of these Terms.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPEECH METRICS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OF ANY AUTOMATED ANALYSES PRODUCED BY THE SERVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPEECH METRICS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR MEDICAL MALPRACTICE CLAIMS ARISING FROM RELIANCE ON THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Speech Metrics and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) Your use of the Service; (b) Your violation of these Terms; (c) Your violation of any applicable law or regulation, including privacy and health data laws; (d) Your failure to obtain required consents from Clients; or (e) any claim by a third party related to the data You process through the Service.

15. Governing Law and Dispute Resolution

15.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15.2 Jurisdiction: You agree to submit to the exclusive jurisdiction of the courts of the Province of Newfoundland and Labrador, located in St. John's, for the resolution of any disputes arising out of or relating to these Terms or the Service.

15.3 Informal Resolution: Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute informally by contacting support@speechcatcher.ca. The parties shall negotiate in good faith for a period of at least thirty (30) days before commencing legal action.

15.4 Quebec Consumers: Notwithstanding Sections 15.1 and 15.2, where You are a consumer ordinarily resident in Quebec, You retain all rights conferred on You by the Consumer Protection Act (Quebec), the Act respecting the protection of personal information in the private sector (Law 25), and any other applicable Quebec law that cannot be waived by contract. Nothing in these Terms is intended to deprive a Quebec consumer of such rights, including the right to bring an action before the courts of the consumer's domicile. To the extent the governing-law or forum-selection provisions of Section 15 would have that effect with respect to a Quebec consumer, they shall not apply.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. If We make material changes, We will notify You by email (sent to the address associated with Your account) or by posting a prominent notice within the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes Your acceptance of the changes. If You do not agree to the revised Terms, You must discontinue use of the Service.

Quebec consumers. Where a proposed amendment to these Terms would impose new obligations on a consumer ordinarily resident in Quebec or alter such a consumer's essential rights under the contract, We will provide written notice to the consumer at least thirty (30) days before the amendment takes effect, set out the new clause and the clause it amends in clear and accessible language, advise the consumer of the right to refuse the amendment, and provide the consumer with the right to terminate the contract without penalty if the consumer refuses the amendment, in each case in accordance with the Consumer Protection Act (Quebec) and Law 25.

17. General Provisions

17.1 Entire Agreement: These Terms, together with the Privacy Policy, EULA, and any applicable BAA or DPA, constitute the entire agreement between You and Speech Metrics regarding the Service and supersede all prior agreements and understandings.

17.2 Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 Waiver: The failure of Speech Metrics to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment: You may not assign or transfer these Terms or Your rights under them without Our prior written consent. We may assign Our rights and obligations under these Terms without restriction.

17.5 Force Majeure: We shall not be liable for any failure or delay in performance resulting from causes beyond Our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, power failures, internet disruptions, or government actions.

17.6 Language: These Terms are made available in English and in French. The French version is available at speechcatcher.ca/fr/terms-of-service/ . For consumers ordinarily resident in Quebec, the French version is provided in accordance with the Charter of the French Language (Quebec) and is equally authoritative; in the event of any inconsistency between the two versions in such a context, the French version shall prevail. For users who are not Quebec consumers, and to the extent permitted by applicable law, the parties have expressly agreed that these Terms and all related documents be drawn up in English. Les présentes Conditions de service sont disponibles en français à speechcatcher.ca/fr/terms-of-service/ . Pour les consommateurs résidant habituellement au Québec, la version française est fournie conformément à la Charte de la langue française et fait également foi.

18. Contact Information

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

Speech Metrics

Email: support@speechcatcher.ca

Website: https://speechcatcher.ca