Terms of Service for SpeechCatcher

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.

3.1 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.

4.1 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). Your Subscription automatically renews at the end of each billing period unless You cancel before the renewal date.

4.3 Payment Processing: All payments are processed securely by our third-party payment processor, Stripe. Your payment information is handled directly by Stripe and is not stored on our servers. Your use of Stripe is subject to Stripe's own terms of service and privacy policy.

4.4 Taxes: All fees are exclusive of applicable taxes. 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 upon at least thirty (30) days' prior written notice. Price changes take effect at the start of Your next billing period following the notice.

4.6 Refunds: Subscription fees are non-refundable except where required by applicable law. If You cancel Your Subscription, You will retain access to the Service through the end of Your current billing period.

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.

7.1 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 use of the SpeechCatcher iPad application is governed by the End User License Agreement. In the event of a conflict between these Terms and the EULA regarding the cloud Service, 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.

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.

11.1 Termination by You: You may cancel Your Subscription and close Your account at any time through Your account settings or by contacting support@speechcatcher.ca. Cancellation takes effect at the end of Your current billing period.

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.

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.

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.

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: The parties have expressly agreed that these Terms and all related documents be drawn up in English. Les parties aux présentes ont expressément convenu que les présentes conditions et tous les documents connexes soient rédigés en anglais.

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

Speech Metrics

Email: support@speechcatcher.ca

Website: https://speechcatcher.ca