TalkTiles Terms of Use

These Terms of Use ("Terms") govern your use of the TalkTiles mobile application (the "App") operated by Web & Things ("we," "us," or "our").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Acceptance of Terms

By creating an account or using TalkTiles, you accept these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Web & Things.

2. Description of Service

TalkTiles is an Augmentative and Alternative Communication (AAC) application that allows users to:

• Tap word tiles to generate speech
• Build sentences from vocabulary items
• Create custom vocabulary with images
• Sync vocabulary across devices (Premium feature)

3. Account Registration

3.1 Account Creation

• You must provide accurate information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must be at least 13 years old to create an account, or have parental consent

3.2 Account Responsibility

• You are responsible for all activity under your account
• Notify us immediately of any unauthorized use
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Subscription Terms

4.1 Premium Subscription

TalkTiles offers a Premium subscription for $4.99/month that includes:

• Unlimited custom vocabulary
• Image upload capabilities
• Cloud synchronization
• Full editing and customization features

4.2 Free Tier

The free version includes:

• Access to 13 default vocabulary words
• Basic tap-to-speak functionality
• Sentence building with default words
• No customization or cloud sync

4.3 Billing and Renewal

• Subscriptions are billed monthly through the Apple App Store
• Payment will be charged to your Apple ID account
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• The renewal cost is the same as the original subscription price unless we notify you otherwise

4.4 Cancellation

• You may cancel your subscription at any time through your Apple ID account settings
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods
• Upon cancellation, you will retain Premium access until the end of the paid period, then revert to the free tier

4.5 Price Changes

• We reserve the right to change subscription prices at any time
• Price changes will not affect your current subscription period
• You will be notified of price changes at least 30 days in advance
• Continued use after a price change constitutes acceptance of the new price

4.6 Refunds

• All purchases are final
• Refund requests must be made through Apple's App Store support
• We do not control Apple's refund policy or decisions

5. User Content

5.1 Your Content

• You retain ownership of all custom vocabulary, images, and content you create ("User Content")
• By uploading User Content, you grant us a license to store, process, and display it solely for the purpose of providing the App's services

5.2 Content Restrictions

You agree NOT to upload, create, or share content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Infringes on intellectual property rights
• Contains viruses or malicious code
• Violates any applicable law or regulation

5.3 Content Removal

• We reserve the right to remove any User Content that violates these Terms
• We are not responsible for monitoring or screening User Content
• We are not liable for any User Content uploaded by users

5.4 Backup Responsibility

• While we strive to maintain data integrity, you are responsible for maintaining backups of your User Content
• We are not liable for any loss or corruption of User Content

6. Acceptable Use

You agree to use TalkTiles only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the App's functionality
• Reverse engineer, decompile, or disassemble the App
• Use the App to transmit spam, viruses, or harmful code
• Impersonate others or misrepresent your affiliation
• Violate any applicable laws or regulations

7. Intellectual Property

7.1 Our Rights

• TalkTiles and all related materials are owned by Web & Things
• All trademarks, logos, and service marks are our property
• You may not use our intellectual property without permission

7.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and use the App on your devices
• Access and use the App's features in accordance with these Terms

7.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Sell, rent, lease, or sublicense the App
• Remove or alter any copyright notices or proprietary markings

8. Third-Party Services

8.1 Firebase Services

TalkTiles uses Google Firebase for:

• Authentication
• Data storage
• Cloud synchronization
• Analytics

Your use of Firebase services is subject to Google's Terms of Service and Privacy Policy.

8.2 Apple App Store

Downloads and in-app purchases are processed through Apple's App Store, subject to Apple's Terms and Conditions.

8.3 Third-Party Links

The App may contain links to third-party websites or services. We are not responsible for the content or practices of third-party sites.

9. Disclaimers

9.1 Medical Disclaimer

TalkTiles is a communication tool and is NOT a medical device. It is not intended to:

• Diagnose, treat, cure, or prevent any disease
• Replace professional medical advice
• Substitute for speech therapy or clinical intervention

Always consult qualified healthcare professionals for medical advice.

9.2 "AS IS" Basis

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

9.3 No Guarantee

We do not guarantee that:

• The App will meet your specific needs
• The App will be available at all times
• Errors or defects will be corrected
• Data will be secure or not lost

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE PAST 12 MONTHS (MAXIMUM $59.88)
• WE ARE NOT LIABLE FOR DATA LOSS, REVENUE LOSS, OR BUSINESS INTERRUPTION
• WE ARE NOT LIABLE FOR THIRD-PARTY ACTIONS OR CONTENT

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Web & Things from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

12. Data and Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

13. Termination

13.1 By You

You may stop using the App at any time by:

• Deleting your account
• Uninstalling the App
• Cancelling your subscription

13.2 By Us

We may suspend or terminate your access if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Required by law or court order
• We discontinue the App

13.3 Effect of Termination

Upon termination:

• Your license to use the App ends immediately
• We may delete your account and User Content
• Subscription fees are non-refundable
• Sections 5, 7, 9, 10, 11, and 15 survive termination

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting in the App or on our website.

• Material changes will be notified via email or in-app notification
• Continued use after changes constitutes acceptance
• If you do not agree to changes, discontinue use

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15.3 Severability

If any provision of these Terms is found invalid, the remaining provisions remain in effect.

15.4 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Web & Things.

15.6 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any successor or affiliate.

15.7 Contact Information

For questions about these Terms, contact us at:

16. Children's Use

16.1 Parental Responsibility

TalkTiles may be used by children under parental supervision. Parents and guardians are responsible for:

• Creating and managing accounts for children
• Monitoring children's use of the App
• Ensuring content is age-appropriate

16.2 COPPA Compliance

We do not knowingly collect personal information from children under 13 without verifiable parental consent. If you believe we have collected such information, contact us immediately.

17. Accessibility

We strive to make TalkTiles accessible to all users. If you encounter accessibility issues, please contact us at admin@webandthings.com.

18. Export Compliance

You agree to comply with all export and re-export restrictions and regulations of the United States and other applicable countries.