SpeakTX Terms of Use
Valid from 01.07.2024
The Terms and Conditions of Use (Terms of Use) apply to the use of the SpeakTX platform (Service) and the rights and obligations of the operator of the SpeakTX platform (Service Provider) and the users (Users). The Terms of Use regulate access to the Service, use of the Service, operation and quality of the Service and the processing of Users’ personal data.
1. Service
1.1. Definition of the Service
The Service is the provision of access to SpeakTX digital speech therapy platform. The Service includes the use of the exercises on SpeakTX platform as well as the use of other features.
1.2. Scope of the Service
The Service supports the recovery and development of speech functions. It is designed for consistent use in speech therapy.
1.3. Nature of the Service
The Service can be used to enrich speech therapy with digital tools or to deliver speech therapy in digital form. The Service does not include diagnosing diseases or providing medical care.
1.4. Service Provider
The provider of the Service is SpeakTX OÜ.
2. Users of the Service
2.1. User
User is any person who uses the Service. User is either Home User, Specialist or Support Person of Home User.
2.2. Home User
2.2.1. Home User is a person who uses the Service to develop or recover their speech functions.
2.2.2. Home User is either a child (at least 3 years old) or an adult.
2.2.3. Home User uses the Service under the guidance and supervision of Specialist.
2.2.4. The account of Home User is created by Specialist.
2.3. Organization and Specialist
2.3.1. In the context of Terms of Use, Organization is the Primary HealthCare’s Speech and Language Pathology Centre of Excellence.
2.3.2. Specialist is a speech and language pathologist of the Organization.
2.3.3. Specialist uses the Service to provide therapy for one or more Home Users.
2.3.4. Organization is the owner of the user accounts of Specialists.
2.4. Support Person of Home User
Support Person of Home User (Support Person) is Home User’s parent, family member or other support person (other than Specialist) who guides and assists Home User in using the Service.
3. Access to the Service
3.1. Creating accounts
3.1.1. An account for Home User is created by Specialist. To create an account, Specialist must fill in the first name, surname and email address of Home User or Support Person.
3.1.2. The Service Provider activates Home User’s account upon completion of the activities mentioned in Section 3.1.1. An email is sent to Home User or Support Person with a four-character code to access the Service.
3.1.3. Specialist’s account is created by the Service Provider. For creating Specialist’s accounts, Organization must provide names and email addresses of Specialists.
3.1.4. For creating an account, User and Organization are obliged to use correct personal and contact information. The Service Provider is not liable for any delays or obstacles in activating the Service if the delay or obstacle is caused by inaccurate information provided by User or Organization.
3.2. Validity of accounts
Specialist’s and Home User’s accounts are valid until the end of the subscription period of Organization, unless expressed otherwise by the
Organization.
3.3. Use of accounts
3.3.1. Any User is responsible for the security of their account. It is the responsibility of Home User and/or Support Person to keep the four-character code used to access the Service out of the reach of third parties. It is the responsibility of Specialist to keep the password to access the Service and Home User codes associated with Specialist’s account out of the reach of third parties. Any User shall be liable for any damage or consequences resulting from the disclosure of information relating to his/her account to third parties.
3.3.2. Home User has the right to share access to their account with Support Person for the purpose of receiving assistance and guidance in using the Service.
3.3.3. Specialist has a right to send access codes for Home User’s account to Home User or Support Person associated with them.
4. Use of the Service
4.1. General conditions
4.1.1. Any User may use the Service only to the extent, for the purposes and in the manner for which the Service is designed and made available to User or for which the Services of the same type are customarily used.
4.1.2. Any User must use the Service in accordance with the law and good practice. Any User is prohibited from using the Service for the purpose of committing, aiding, abetting, inciting crime or any other unlawful activity. Any User is prohibited from using the Service for inappropriate purposes and by inappropriate means.
4.1.3. Any User must use the Service in accordance with the Terms of Use.
4.1.4. Any User is prohibited from using the Service to monitor its availability or functionality or for any other competitive purpose.
4.2. Use of exercises and features
4.2.1. Any User is entitled to use all exercises and features available under their account in accordance with the procedures set out in this section.
4.2.2. Specialist has the right to assign any exercise for Home User that is appropriate to their age and speech and language pathology needs.
4.2.3. It is the responsibility of Specialist to assess Home User’s need for speech therapy.
4.2.4. Any User is obliged to read the instructions for each exercise before doing the exercise or assigning it to Home User.
4.2.5. The Service Provider is not liable for any damage caused to Home User in case the damage is caused by:
a) Home User doing an exercise that is incompatible with their need for speech therapy;
b) independently performing an exercise intended to be done only under supervision of Specialist;
c) doing an exercise not in accordance with the instructions.
4.2.6. The Service Provider is not liable in case Home User’s speech function does not recover or speech development does not occur after using the Service. This includes long-term and regular use of the Service.
4.2.7. The Service Provider is not responsible for the content, quality or consequences of the therapy provided by Specialist to Home User.
4.2.8. Organization is liable for any breach of Specialist’s obligations under the Terms of Use arising out of or in connection with Specialist’s conduct.
4.3. Creation of exercises
4.3.1. In addition to using existing exercises, Specialist has the right to create new or modify existing exercises in SpeakTX platform for Home User associated with them.
4.3.2. In case Specialist chooses to create new or modify existing exercises, it is Specialist’s responsibility to apply professional care and take into account the needs of Home User.
4.3.3. In case Specialist chooses to create new or modify existing exercises, it is the responsibility of Specialist to explain in writing the content, the need and the purpose of each exercise, and provide written instruction for each exercise.
4.3.4. To create and/or modify exercises Specialist is entitled to use the digital material provided by SpeakTX platform, including audio, image and video files. Specialist is also entitled to use other textual, pictorial and audio material in the creation of the exercises, provided that the material and none of the components of the material are protected by the intellectual property rights of third parties. The Service Provider shall not be liable for any claims arising from the creation of the exercises by Specialist in breach of the intellectual property rights of third parties.
4.3.5. Specialist is prohibited from making public incomplete, incorrect, unsuitable for speech therapy or otherwise inappropriate exercises. In addition, Specialist is prohibited from making public any exercise that they have modified that has a title identical to the original exercise or that contains content that is identical to the original exercise to the extent of at least half of the exercise. The Service Provider reserves the right to delete such exercises from SpeakTX platform without the consent of Specialist.
4.3.6. The intellectual property rights of an exercise created or modified by Specialist shall belong to Organization.
4.4. Exchange of information
4.4.1. Any User has the right to receive information from Organization and Service Provider about the content of the Service and support in using the Service. The Organization and Service Provider are obliged to provide any User with information about the content of the Service and support in using the Service within a reasonable period of time after a request to that effect.
4.4.2. It is the responsibility of Specialist to guide and support their Home User and/or their Support Person in using the Service.
4.4.3. Data on Home User’s use of the Service (including the performance of exercises) is available to Specialist so they can plan and monitor the therapy. Specialist is prohibited from disclosing that data to third parties without the consent of Home User and/or Support Person.
4.4.4. Any dispute arising between Specialist and Home User and/or Support Person in connection with the use of the Service shall be settled between the parties. The Service Provider shall not be liable for any claims against any User arising out of the use of the Service.
5. Service performance and quality
5.1. The Service Provider is responsible for ensuring that the Service is available 24 hours a day. In case of disruption, the Service Provider shall take measures to restore the Service within reasonable time.
5.2. The Service Provider is not liable for disruptions caused by force majeure.
5.3. Any User has the right and is encouraged to notify Organization and/or Service Provider of any disruptions in the use of the Service and of any errors or defects discovered in the use of the Service.
5.4. In the event of a disruption, the Service Provider is obliged to take immediate action to restore the Service. The Service Provider is obliged to notify Users on SpeakTX webpage of any disruption that significantly affects access to the Service within three hours of the disruption being detected.
6. Personal data processing
6.1. Processed personal data
6.1.1. The Service Provider has the right to process User’s personal data that the Service Provider has received from User upon registration and in the
course of using the Service.
6.1.2. Processed personal data of User includes (following, but not only):
a) first and last name,
b) e-mail address,
d) information that User has entered about them in SpeakTX profile,
e) data collected on the exercises performed by Home User (time, duration, results of performance, etc.),
f) data related to Home User exercise plan.
6.2. Purpose of processing personal data
Personal data is used by the Service Provider for the purpose of providing and developing the Service to Users.
6.3. Security of processing of personal data
6.3.1. The Service Provider undertakes to ensure the security of the processing of personal data in order to protect personal data against accidental or unauthorized processing, disclosure, access by third parties or destruction. Taking into account the costs of their implementation, the nature, scope, context and purposes of the processing of personal data, as well as the varying likelihood and magnitude of risks to the rights and liberties of people arising from the processing, the Service Provider shall implement appropriate technical and organizational measures to ensure the security of personal data when processing personal data.
6.3.2. The Service Provider enters into personal data protection and confidentiality agreements with its employees, subcontractors and others who have access to the personal data provided by User.
6.4. User rights in processing personal data
User has all the rights under the applicable law to the processing of their personal data. Among others, User has the following rights:
a) the right to ask the Service Provider at any time whether and what personal data relating to them is held and processed by the Service Provider;
b) the right to request the Service Provider to specify or correct their personal data if it is insufficient, incomplete or incorrect;
c) the right to object to the Service Provider’s processing of their personal data;
d) the right to request the erasure of personal data;
e) the right to request the restriction of the processing of personal data by the Service Provider when the Service Provider no longer needs the personal data for the purposes of the processing or when they have objected to the processing of personal data;
f) the right to lodge a claim or a complaint with the Data Protection Agency or a court if User considers that their rights have been infringed in the processing of their personal data.
7. Validity and changing of the Terms of Use
7.1. Validity and amendment of the Terms of Use
7.1.1. The rights and obligations set out in the Terms of Use shall take effect at the moment User logs in to their account on the SpeakTX platform for the first time. User who uses the Service agrees to Terms of Use in hand.
7.1.2. If any article of the Terms of Use is invalid for unlawfulness, the validity of the remaining articles of the Terms of Use shall not be affected.
7.2. Changing of the Terms of Use
7.2.1. The Service Provider has the right to unilaterally modify the Terms of Use by posting the modified Terms of Use on SpeakTX webpage.
7.2.2. User shall be deemed to have accepted the updated Terms of Use if they continue to use Service after the updated Terms of Use have been published and notified to the User.
7.2.3. User has the right to withdraw from the Service if they do not agree to the changed Terms of Use.
8. Breach of the Terms of Use and dispute resolution
8.1. Breach of the Terms of Use
The Service Provider has the right to delete User’s account if User does not comply with the procedures set out in the Terms of Use. User has the right to discontinue the subscription of the Service if the Service Provider does not comply with the procedures set out in the Terms of Use.
8.2. Applicable law
The law of the Republic of Estonia applies to the legal relations between the Service Provider and User arising from the use of the Service.
8.3. Dispute resolution
The Service Provider and User shall seek to resolve any dispute, controversy or claim arising out of or in connection using the Service through good faith negotiations between them. If settlement is not reached, disputes shall be solved at Harju County court in Tallinn, Estonia.