Terms of Service / Service Agreement

# VoxNovaAAC Terms of Service / Service Agreement (Draft v1)

**Version:** 2026-03-12-v1  
**Last Updated:** 2026-03-12
**Company Legal Name:** VoxNova Inc. ("Company," "we," "us," or "our")

> IMPORTANT: This document is a **draft for legal counsel review** and is not legal advice.

## 1) Acceptance of Terms

By creating an account, signing in, or using VoxNovaAAC (the "Service"), you agree to be bound by this Service Agreement ("Agreement"). If you do not agree, do not use the Service.

If you are entering into this Agreement on behalf of a school, district, organization, or another legal entity, you represent that you have authority to bind that entity.

## 2) Eligibility and Account Authority

You must be legally capable of entering contracts in your jurisdiction.

- Teacher and Parent accounts must be created and managed by an adult user.
- Student use may occur under supervision of a parent, guardian, school, or authorized educator.
- You are responsible for safeguarding account credentials and all activity under your account.

## 3) Service Description

VoxNovaAAC is an augmentative and alternative communication (AAC) application that supports:

- creation and editing of communication boards and buttons (including labels and speech text);
- assigning boards to students and managing role-based access (for example, Teacher, Parent, Student);
- student-friendly playback and audio output;
- offline-capable student playback with later synchronization;
- interaction logging and reporting features.

## 4) Not Medical or Emergency Services

The Service is not a medical device, clinical diagnosis system, or emergency response service.

- Do not rely on the Service for emergency communications.
- In emergencies, contact local emergency services immediately.

## 5) Accounts, Roles, and Permissions

Role-based access and visibility controls may apply (for example, Teacher, Parent, Student).

You agree to:

- provide accurate account information;
- use only role permissions assigned to you;
- not attempt to access data or functionality outside your authorization.

## 6) Acceptable Use and Prohibited Conduct

You will not:

- violate applicable laws or third-party rights;
- upload unlawful, abusive, defamatory, or infringing content;
- misuse student data, images, audio, or personal information;
- attempt to reverse engineer, disrupt, or compromise the Service;
- use the Service to transmit malware, spam, or fraudulent content.

We may suspend or terminate access for violations, suspected violations, or security concerns. Where feasible, we will provide notice; however, in some cases (for example, to prevent harm, comply with legal requirements, or address an urgent security risk), suspension or termination may occur without prior notice.

## 7) User Content and Licenses

"User Content" includes boards, button labels, speech text, images, audio, and related data uploaded or entered by users.

You retain ownership of User Content you own. You grant Company a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and store User Content solely to operate, secure, improve, and support the Service.

You represent and warrant you have all necessary rights and permissions for User Content, including permissions for student/child images or audio where applicable.

## 8) Education and Child Data Responsibilities

Where applicable, customer organizations (including schools/districts) are responsible for:

- obtaining required notices/consents under applicable law (including, where relevant, FERPA/COPPA and similar laws);
- determining lawful basis for data processing;
- configuring user access according to institutional policy.

Company will process data consistent with this Agreement and our Privacy Policy.

## 9) Privacy and Security

Our data handling practices are described in the Privacy Policy: /privacy.

You acknowledge:

- offline activity may be transmitted and synced when connectivity is restored;
- no system is 100% secure;
- you are responsible for device-level security controls (screen lock, access control, etc.).

## 10) Fees, Billing, and Plan Changes

If paid plans are offered, pricing and billing terms will be presented at purchase or in an order form.

Unless stated otherwise:

- fees are non-refundable;
- taxes are your responsibility;
- subscription terms auto-renew unless canceled before renewal.

Company may change pricing or plan features with advance notice as required by law or contract.

### 10.1 Payment Processing (Stripe)

If you purchase a paid plan, payments may be processed by Stripe, Inc. and its affiliates ("Stripe").

You acknowledge and agree:

- you may be required to maintain a valid payment method on file with Stripe;
- your payment information is provided directly to Stripe and is handled subject to Stripe's terms and privacy practices;
- Company does not store your full payment card number and does not control Stripe's systems;
- by submitting payment information, you authorize Company (through Stripe) to charge applicable fees, taxes, and renewal charges.

Stripe's terms and privacy policy are available at:

- https://stripe.com/legal
- https://stripe.com/privacy

### 10.2 Renewals, Cancellation, and Refunds

Unless otherwise stated at checkout or in an order form:

- subscription fees (including any setup fees) are charged in advance and are non-refundable;
- canceling a subscription stops future renewals, but does not retroactively refund amounts already paid;
- access to paid features may continue until the end of the current billing period.

### 10.3 Failed Payments, Disputes, and Chargebacks

If a payment fails or is reversed (including through a chargeback), Company may (subject to applicable law):

- retry the payment method;
- suspend or limit access to paid features until payment is successfully completed;
- require updated payment information to continue service.

You agree to contact Company before initiating a chargeback so we may attempt to resolve billing issues.

## 11) Device, Availability, and Offline Behavior

The Service may enforce account/session limits and technical controls.

You acknowledge:

- access may be interrupted for maintenance, outages, or third-party dependency failures;
- offline behavior can delay uploads/sync and may create temporary reporting differences until synchronization completes.

## 12) Data Retention, Export, and Deletion

Data retention may vary by role, subscription, and legal obligations.

Requests for data export or deletion can be sent to: [INSERT SUPPORT/PRIVACY CONTACT].

Some data may be retained as required by law, contract, security, fraud prevention, or legitimate audit requirements.

## 13) Third-Party Services

The Service may integrate third-party infrastructure and services (for example, cloud hosting, authentication, analytics, and payment processing). For example, Company may use Stripe for payment processing and Google services (including Google Cloud, Firebase, and Google Workspace) for hosting, authentication, storage, and operations.

Company does not control third-party providers and is not responsible for outages or failures attributable to those providers. This does not limit any responsibility Company may have that cannot be limited under applicable law.

## 14) Intellectual Property

The Service, including software, design, content (excluding User Content), and trademarks, is owned by Company or its licensors and protected by law.

Except for limited access rights granted under this Agreement, no rights are transferred.

## 15) Feedback

If you provide ideas, suggestions, or feedback, Company may use them without restriction or compensation, to the extent permitted by law.

## 16) Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Company does not warrant that:

- speech/audio output will be accurate or suitable for any particular purpose (including where output depends on user-entered content);
- the Service will be uninterrupted, error-free, or free of data loss.

## 17) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF:

1. [INSERT LIABILITY CAP FORMULA], OR
2. THE AMOUNTS PAID BY YOU TO COMPANY FOR THE SERVICE IN THE [INSERT PERIOD].

Some jurisdictions do not allow certain limitations, so some limits may not apply.

## 18) Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to:

- your User Content;
- your misuse of the Service;
- your violation of this Agreement or applicable law;
- your infringement of third-party rights.

## 19) Suspension and Termination

Company may suspend or terminate access immediately for security risks, abuse, suspected fraud or payment disputes (including chargebacks), legal requirements, or material breach. Where feasible, Company will provide notice.

Upon termination:

- your right to use the Service ends;
- certain provisions survive (for example, IP, disclaimers, liability limits, indemnity, dispute terms).

## 20) Governing Law and Venue

This Agreement is governed by the laws of [INSERT GOVERNING LAW], excluding conflict-of-laws rules.

Any court proceedings permitted under this Agreement must be brought in [INSERT VENUE], and each party consents to personal jurisdiction there.

## 21) Arbitration and Class-Action Waiver (PLACEHOLDER FOR COUNSEL)

**This section is a drafting placeholder and must be reviewed and finalized by legal counsel before production use.**

### 21.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by binding arbitration administered by [INSERT ARBITRATION PROVIDER] under [INSERT RULES], except as otherwise required by law.

### 21.2 Arbitration Venue and Procedure

Arbitration will occur in [INSERT CITY/STATE/COUNTRY], or as otherwise agreed.

### 21.3 Class-Action Waiver

To the fullest extent permitted by law, disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

### 21.4 Small Claims / Injunctive Relief Carve-Outs

Either party may seek relief in small claims court (where eligible) and seek injunctive or equitable relief for misuse, infringement, or security breaches in a court of competent jurisdiction.

### 21.5 Opt-Out (if required by counsel)

[INSERT OPT-OUT WINDOW / PROCESS IF LEGALLY REQUIRED OR BUSINESS-APPROVED]

## 22) Changes to This Agreement

Company may update this Agreement from time to time.

For material changes:

- Company will update the version/effective date;
- users may be required to re-accept before continued access.

Continued use after the effective date of updated terms may constitute acceptance where permitted by law.

## 23) Notices and Contact

General support/privacy inquiries/Legal notices to Company:

- **Email:** CustomerSupport@VoxNovaAAC.com

## 24) Miscellaneous

- Entire Agreement: This Agreement and referenced policies form the entire agreement regarding the Service.
- Severability: If a provision is unenforceable, the remainder remains in effect.
- No Waiver: Failure to enforce any provision is not a waiver.
- Assignment: You may not assign this Agreement without Company consent; Company may assign in connection with merger, acquisition, or asset transfer.
- Force Majeure: Company is not liable for delays/failures caused by events beyond reasonable control.

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By clicking "I agree," you acknowledge you have read and agree to this Service Agreement.