SpeakTX Terms of Use
Valid from 26.10.2023
The Terms and Conditions of Use (Terms of Use) apply to the use of SpeakTX platform (Service) and the rights and obligations of the operator of SpeakTX platform (Service Provider) and users (Users). The Terms of Use regulate access to the Service, the use of the Service, the 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. The scope of the Service
The Service supports the recovery and development of speech functions. It is designed for consistent use in speech therapy, but can also be used as a tool for language learning.
1.3. Nature of the Service
The Service can be used to enrich speech therapy or language learning with digital tools or to deliver speech therapy in digital form. The Service does not include diagnosing diseases or providing medical care.
1.4. The 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 is either Home User with a Specialist or Independent Home User.
2.2.4. Home User with Specialist is Home User who uses the Service under the guidance and supervision of Specialist. The account of Home User with Specialist is created by Specialist.
2.2.5. Independent Home User is a Home User who uses the Service independently, without the guidance and supervision of Specialist.
2.3. Specialist and organization
2.3.1. Specialist is a speech therapist, teacher, neuropsychologist or other related specialist who uses the Service to provide therapy for one or more Home Users.
2.3.2. Organization (Organization) is a kindergarten, school, healthcare institution, support services center, non-profit organization or local authority through which Specialist is providing the speech therapy service. Organization is the owner of the user account(s) of Specialist(s).
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. Pricing
3.1.1. The Service is chargeable to User.
3.1.2. The Service Provider publishes the prices of subscriptions on SpeakTX website.
3.1.3. Subscription for Organization includes the accounts of Home Users to whom Specialist is providing the speech therapy to.
3.1.4.The Service Provider has the right to change the price of Service.
3.2. Payment for the Service
3.2.1. User can make a payment via bank link.
3.2.2. All transactions between the Service Provider and User will be done in Euro.
3.2.3. Payments are intermediated by Maksekeskus AS. Payment is made outside SpeakTX platform in a secure environment – in the case of payment by bank link in the secure environment of the respective bank and in the case of payment by credit card in the secure environment of Maksekeskus AS.
3.2.4. The service provider does not have access to the customer’s bank and credit card details. The contract enforces from the moment the amount due is credited to the account of the Service Provider.
3.2.5. The service provider is the processor of personal data and forwards the personal data necessary for the execution of payments to Maksekeskus AS.
3.2.6. The service and the amount paid for it are non-refundable.
3.3. Home User Trial Account
3.3.1. Home User’s account will be subject to a trial period, during which Home User and Support Person can use the Service free of charge for 7 days. The trial period will allow Home User and/or Support Person to verify whether the Service is suitable for Home User’s needs and whether Home User’s devices are suitable for using the Service.
3.3.2. The trial period for Home User account starts when the account is created and ends after 7 calendar days. The Service Provider will inform Home User or Support Person of the end of the trial period by email.
3.3.3. At the end of the trial period, all exercises will become chargeable to Home User. For continuous access to SpeakTX platform, Home User or Support Person has the option to pay for the subscription.
3.3.4. The Service Provider has the right to refuse to refund all or part of the fee for the subscription.
3.3.5. Organization´s account is charged for from the first day.
3.3.6. On request, the Service Provider offers free online training to introduce the content of the Service.
3.4. Creating accounts
3.4.1. Independent Home User can create an account on SpeakTX webpage. To create an account, the first name, surname and e-mail address must be entered.
3.4.2. An account for Home User with a Specialist 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.
3.4.3. The Service Provider activates Home User’s account upon completion of the activities mentioned in Sections 3.4.1 and 3.4.2. An e-mail is sent to Home User or Support Person with a four-character code to access the Service.
3.4.4. Specialist´s account is created by the Service Provider. For creating Specialist´s accounts, Organization must provide names and e-mail addresses of Specialists.
3.4.5. The Service Provider activates the account of the Organization upon receiving the payment for the Service. Access information including the password is sent by email to Specialist.
3.4.6. 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.
3.5. Validity, expiry and renewal of accounts
3.5.1. Independent Home User´s account is valid until its expiry date, depending on the subscription type selected.
3.5.2. Before the expiry of Independent Home User’s account, the Service Provider sends an email to Home User or Support Person informing them of the expiry of the account.
3.5.3. To renew an account, Independent Home User or Support Person can choose and pay for the appropriate subscription.
3.5.4. Organization has a yearly subscription, if not agreed otherwise.
3.5.5. Home User´s accounts created by Specialist, are valid until the end of the subscription period of Organization.
3.5.6 30 days before the expiry of Organization´s account, the Service Provider sends a notice informing of the end of subscription period and possible changes of pricing.
3.5.7. The Organization´s intent to not continue the subscription must be communicated to the Service Provider by email at least 14 days before automatic renewal of subscription, otherwise subscription will be renewed automatically.
3.6. Use of Accounts
3.6.1. 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.
3.6.2. 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.
3.6.3. Specialist has a right to send access codes for Home User’s account to Home User or Support Person associated with them.
3.6.4. Any User is prohibited from using their account to avoid purchasing or helping others to avoid purchasing a paid service subscription. Among others, following activities are prohibited:
a) creation of a new account by Independent Home User after the end of the trial period, either with a real or fictitious email address;
b) use of a Independent Home User’s account by Specialist for speech therapy service provision or any purpose other than learning about the Service during trial period;
c) sharing an access to Specialist’s account with any other persons.
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. Home User has the right to do all the exercises that suit their age and speech therapy needs. Specialist has the right to assign any exercise for Home User that is appropriate to their age and speech therapy needs.
4.2.3. It is the responsibility of Specialist to assess Home User’s need for speech therapy. The responsibility for assessing the need for speech therapy for Independent Home User rests with Support Person in case Independent Home User is a minor or legally incompetent, or with the Independent Home User themself in case they are an adult and legally competent.
4.2.4. Independent Home User is prohibited from doing exercises which are intended to be done under the supervision of Specialist. Support Person is prohibited from allowing Home User to do any exercises which are intended to be performed under the supervision of Specialist. Exercises which are intended to be performed only under the supervision of Specialist are only those that are marked as such on the exercise platform.
4.2.5. Any User is obliged to read the instructions for each exercise before doing the exercise or assigning it to Home User.
4.2.6. 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.
4.2.7. 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.
4.2.8. The Service Provider is not responsible for the content, quality or consequences of the therapy provided by Specialist to Home User.
4.2.9 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.
4.3.7. The intellectual property rights of an exercise created or modified by Specialist shall belong to Specialist if they have made the exercise private (i.e. accessible only to Specialist and Home User(s) associated with Specialist). In case Specialist makes an exercise that they have created or modified public, the intellectual property rights of that exercise shall automatically pass to the Service Provider.
4.4. Exchange of information
4.4.1. Any User has the right to receive information from the Service Provider about the content of the Service and support in using the Service. The Service Provider is 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.
4.2.2. It is the responsibility of Specialist to guide and support Home User and/or Support Person in using the Service.
4.2.3. Data on Home User’s use of the Service (including the performance of exercises) is available to Specialist, so that 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.
4.3.4. 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. The 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 the 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,
c) bank account number,
d) information that User has entered about them in SpeakTX platform 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 his 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 has created an account in the SpeakTX platform. 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.