Last updated September 20, 2026.

1 Introduction

These Terms of Service (the “Agreement” or “Terms”) govern access to and use of the iSpeax software and related services made available to your account. This Agreement is between iSpeax Tech Inc. (“iSpeax,” “we,” “us,” or “our”) and the individual or legal entity identified as the customer during registration (“Customer,” “you,” or “your”). iSpeax is the software provider; it does not provide the professional healthcare or educational services delivered by Customers.

By selecting an “I agree”, using the Service, or registering for the Service, you agree to be bound by this Agreement. If you accept on behalf of a practice, home care agency, educational agency or institution, employer, or other organization, you represent and warrant that you have authority to bind that organization. If you are an individual professional subscribing on your own behalf, you are the Customer. Do not create or use an account if you lack the required authority or do not agree to these Terms. Electronic acceptance is intended to constitute assent to this Agreement; you may retain a copy for your records.

2 Definitions

“Account Owner” means the individual authorized to administer the Customer’s account and make account and subscription decisions for the Customer. Administrative control of an account does not establish ownership of, or authority to disclose, every record within it.

“Authorized User” means a person whom the Customer lawfully authorizes to access its account or records, to the extent supported by the subscribed plan. The term includes staff, contractors, and professional service providers where such access is available and authorized. An individual whose records are maintained in the Service does not become an Authorized User or a party to this Agreement merely because those records are maintained there.

“Service” means the iSpeax software, associated account functions, and related services actually made available to the Customer. “Content” means iSpeax-provided goal-bank materials, templates, instructional materials, and other product resources. “Customer Records” means client and student records and professional documentation submitted, maintained, or created through the Service on the Customer’s behalf. References to “User Data” in connection with professional records mean Customer Records and do not create a broader data license.

“Account Information” means registration, contact, subscription, and other information used to administer the Customer relationship. “Payment Information” means information used to authorize or process payments. Account, payment, or operational information containing protected clinical or education-record data remains subject to the corresponding record protections.

“Confidential Information” means nonpublic business or technical information disclosed by one party to the other that is identified as confidential or reasonably understood to be confidential in the circumstances, including nonpublic security documentation, unpublished product plans, and confidential business information. Customer Records remain subject to the specific record protections in these Terms and the controlling data agreement whether or not marked confidential.

“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act, and applicable implementing regulations. “PHI” means protected health information as defined in 45 CFR §160.103. “BAA” means the applicable business associate agreement entered into by iSpeax and the responsible Customer for the covered relationship.

“FERPA” means the Family Educational Rights and Privacy Act and its applicable implementing regulations. “EA” means an educational agency or institution subject to FERPA on whose behalf iSpeax processes education records. “PII” means personally identifiable information from education records within the meaning of FERPA. A “school data agreement” means an applicable agreement governing authorized processing of education records on an EA’s behalf; the label of an agreement alone does not establish lawful authority.

3 Verifying and Creating an Account

If the Customer is an individual, that person must be at least 18 years old, have legal capacity to contract, be located in the United States, and be a therapist or special educator. If the Customer is an organization, it must be a U.S.-based practice, home care agency, educational agency or institution, or other organization obtaining the Service for therapy or special-education work; the person accepting on its behalf must be at least 18, have legal capacity, and be authorized to bind the organization. Authorized Users must be adults located in the United States with roles lawfully connected to that work; persons performing professional functions must hold the credentials required for those functions.

You shall provide accurate, complete, and current registration and contact information and keep it updated. You must maintain the professional credentials and organizational permissions required for your activities. iSpeax may request reasonable information to verify identity, organizational authority, payment authority, or entitlement to access records when needed to protect the Service, comply with law, or process an account or record-transfer request. Such verification does not replace the Customer’s own authorization obligations.

The Account Owner must be authorized to make the decisions assigned to that role. For an EA or other governmental Customer, the person accepting must also possess the authority required under the Customer’s applicable procurement and approval rules; registration does not replace any separate institutional approval or executed agreement required for that Customer. Account registration or acceptance of these Terms does not, by itself, establish authority to disclose or process FERPA-protected records or satisfy a requirement to enter a separately applicable BAA.

4 Account Use

You are responsible for the activities you authorize through your account and for the acts and omissions of persons you permit to use it, subject to their respective authority and these Terms. You shall restrict record access to persons with a lawful need and permission to perform the relevant function. Access must be consistent with the plan, the responsible organization’s directions, applicable law, and any controlling BAA or school data agreement.

You shall promptly revoke access for any Authorized User whose employment, affiliation, authorization, or required professional credentials have ended or no longer permit the relevant access. You must also address known or suspected misuse and notify iSpeax promptly if the misuse affects the Service or Customer Records.

Customer responsibilities do not displace iSpeax’s own obligations under applicable law or a controlling data agreement. Neither an administrative role nor another user’s invitation authorizes access to records beyond the recipient’s lawful authority.

5 Password Use

Each person accessing the account must use their own authorized credentials. Do not share passwords, permit another person to use your login, or use another person’s account. You shall protect credentials and devices and use the security controls available for your access.

Notify support@ispeax.com promptly of suspected unauthorized account access or disclosure and cooperate with reasonable steps to secure the account. Do not send passwords or identifiable client or student records through ordinary email; request secure submission instructions where needed. Customer responsibility for credential handling does not waive an applicable safeguard, incident-response, or other obligation of iSpeax.

6 Beta Program

The beta program provides the Solo plan with all features available at beta launch. There is no subscription fee or other charge during beta, and no credit card is required. Joining beta or accepting these Terms does not authorize billing. Beta participation never automatically converts into a paid subscription.

Beta is a limited program with one shared end date, which iSpeax will announce when determined. Each account does not receive a guaranteed three-month or 90-day individual trial. iSpeax may extend the beta program or terminate it at any time.

For the normal ending of free beta access, iSpeax will provide the Account Owner at least 30 calendar days’ advance notice by email and an in-app notification. You will be notified about that beta end date in the account. When that end date is announced, beta signup closes and paid subscriptions open for new users. Existing beta users remain free until the end date.

An authorized Account Owner must explicitly select and purchase a paid subscription and accept the disclosed payment terms to continue on a paid basis. Beta users who do not purchase a paid subscription have 30 calendar days after beta access ends to retrieve their stored Customer Records through the secure export or assisted-return process in Section 13. There is no ongoing read-only workspace after beta. Account restrictions for misuse or security concerns are governed by Section 23; they do not authorize automatic billing or eliminate applicable record-return duties.

7 Pricing and Billing

Paid subscriptions are billed monthly in advance and renew automatically for successive monthly billing periods until canceled. Before billing information is collected for a purchase, checkout will disclose the subscription price, applicable taxes, renewal frequency, and cancellation terms. By deliberately purchasing and authorizing a paid subscription, you authorize the disclosed recurring charges through the payment provider until you cancel.

You must provide valid Payment Information and have authority to use the payment method. Applicable taxes are additional unless checkout states that they are included. You remain responsible for charges properly incurred under your authorized subscription. Payment-provider terms may apply to payment processing but do not change your rights under these Terms or applicable law.

iSpeax will provide a retainable purchase confirmation describing the subscription and how to cancel, and any additional renewal reminders or subscription notices required by applicable law.

8 Cancellation Refunds and Failed Payments

You may cancel renewal online through the account’s subscription controls. A cancellation submitted before the next renewal prevents that renewal charge; there is no separate advance-cancellation cutoff. Ordinary paid access continues until the end of the current paid billing period. iSpeax will confirm cancellation and the scheduled access-end date. If the normal cancellation control is unavailable, an authorized Account Owner may request cancellation at support@ispeax.com, subject to reasonable verification of account authority; inability to use the control does not require a sales call to cancel. There is no cancellation fee. Canceling renewal does not erase charges properly incurred before cancellation.

Fees already paid are not ordinarily refundable or prorated for voluntary cancellation or unused time, except as required by law or expressly agreed by iSpeax. iSpeax may issue discretionary refunds or credits.

If a payment fails, iSpeax will notify the Account Owner by email and an in-app notice, identify how to update payment, and allow seven calendar days from notice to resolve the failure before ordinary access may be suspended. The notice will identify the proposed suspension date. Reasonable payment retries may be made through the payment provider. Fraud or security concerns may require earlier restrictions under Section 23.

A failed charge or temporary suspension alone does not start permanent deletion. If the account is terminated, iSpeax will identify the termination date and the 30-day export deadline under Section 13. Monthly renewal charges do not continue after subscription termination. Maintained PHI is not withheld to resolve a payment dispute; secure retrieval or return remains available as required by the controlling agreement and law.

After ordinary paid access ends, the secure export or assisted-return period in Section 13 applies.

9 Changes to Subscription Prices

iSpeax may change subscription prices prospectively. It will email the Account Owner at least 30 calendar days before the first renewal charged at the new price, stating the new amount, exact effective renewal date, and how to cancel before that renewal. A change does not apply to a period already paid for. Where an additional notice is required by applicable law, iSpeax will provide it.

10 Modification of Service

iSpeax may maintain, update, add, modify, or discontinue functions for legal compliance, security, maintenance, product development, or other reasonable operational purposes. The features available to a Customer are those actually made available to its plan and account. No separate service-level commitment applies unless expressly agreed in writing.

11 Personal Information and Customer Records

iSpeax handles Account Information, Payment Information, and operational information in accordance with its Privacy Policy and these Terms. Customer Records are processed only for the authorized service purposes described in these Terms and the HIPAA/FERPA Policy, and subject to the applicable BAA.

iSpeax maintains reasonable and appropriate administrative, technical, and physical safeguards designed to protect Customer Records against unauthorized access, use, and disclosure. These include access restrictions, encryption in transit and at rest, and security logging. Personnel access is limited by authorized duties and confidentiality requirements.

If iSpeax becomes aware of a breach, unauthorized access, use, or disclosure, or other security incident involving Customer Records, it promptly assesses the event and takes appropriate containment and mitigation measures. iSpeax provides notices required by law or the controlling BAA to the designated contact of the affected Customer and responsible EA, as applicable, without unreasonable delay and within the applicable deadlines.

If iSpeax receives a legal demand for Customer Records, it promptly notifies the responsible Customer and, for education records, the responsible EA, unless notice is prohibited by law. Disclosure is limited to the authorized scope and occurs only pursuant to lawful instructions, valid legal requirements, or another permitted basis under the controlling agreement and law.

12 User Data and Your Rights and Obligations

iSpeax does not acquire ownership of Customer Records. Customers retain their applicable rights in those records, and the responsible EA retains its rights and control over education records, subject to applicable law and the rights of patients, parents, eligible students, and other entitled parties.

You represent and warrant that you possess the rights, permissions, and organizational authority needed to submit Customer Records and authorize their processing for the permitted service purposes. You must provide required notices and obtain required consents or other lawful authorizations. These Terms do not require consent where another lawful basis applies, and do not create an authorization that applicable law or the responsible organization has not supplied.

You authorize iSpeax and its appropriately contracted processors to process Customer Records only as reasonably necessary to provide, support, and secure the Service, carry out authorized instructions, and satisfy applicable legal obligations, subject to any required EA authorization and the controlling agreement. This limited permission lasts only as needed for those purposes and the authorized retention, return, and deletion process. It does not confer an unrestricted, perpetual, or independently transferable license to Customer Records.

Customer Records are not sold or used for targeted marketing or behavioral advertising. iSpeax does not use, or authorize its processors or subcontractors to use, client or student data to train AI or other models.

You are responsible for the accuracy and lawful content of records you submit or approve and for your own professional, clinical, educational, and record-retention obligations. iSpeax may maintain and use security and activity logs for authorized service and legal purposes, subject to applicable record protections. You must obtain and securely retain the exports needed for your obligations.

13 Record Export Return and Deletion

During active service, use the available export tools or contact support@ispeax.com for assistance obtaining your stored Customer Records. Upon the permanent ending of beta or paid account access, the responsible Customer or its authorized representative has 30 calendar days from the access-end date to retrieve stored Customer Records through a designated secure export or assisted-return process in a usable electronic format. The recipient’s identity and authority for the responsible Customer or EA are verified. This process does not provide an ongoing read-only workspace. Customers remain responsible for securely retaining returned records and meeting their own recordkeeping obligations.

14 No Responsibility for Third Party Websites and Services

The Service may contain links to outside websites or services not operated by iSpeax. A link does not imply endorsement, and those providers’ terms and privacy practices govern their own services. iSpeax does not control or assume responsibility for their content or independent conduct.

If you separately select an outside service or integration, you are responsible for obtaining the required authority and agreements and configuring your use lawfully. A provider’s public HIPAA-compliance claim does not replace a BAA where one is required.

15 Service Interruption

Access may be affected by maintenance, security response, internet or power failures, outside-service outages, or events beyond reasonable control. iSpeax may temporarily restrict functions when reasonably necessary to maintain or protect the Service and will take reasonable steps to address disruptions. iSpeax does not promise uninterrupted availability.

16 Intellectual Property Rights and Confidentiality

iSpeax and its licensors retain all rights in the software, designs, trademarks, goal-bank materials, templates, and other Content, excluding Customer Records and rights retained by Customers. Subject to these Terms and the applicable plan, iSpeax grants you a limited, nonexclusive, nontransferable right to access and use the Service and Content for authorized professional activities during your access period. No rights are granted by implication.

You may retain and lawfully use the records, reports, and professional documentation you generate through the intended workflows, including after account access ends. This does not permit resale or redistribution of the software, standalone template library, or goal bank as a competing product. Restrictions on product materials do not prevent lawful record disclosure or retention.

If you voluntarily provide nonconfidential product suggestions or feedback, you permit iSpeax to use and develop them without payment or restriction. Customer Records and other confidential client or student information are excluded from this feedback permission and remain subject to the limited processing purposes and controlling data agreements. Do not include such records in general product feedback.

Each party shall use the other party’s Confidential Information only to perform its obligations or exercise its rights under this Agreement. It shall protect that information with at least reasonable care and disclose it only to personnel, contracted providers, and professional advisers who need it for those purposes and are subject to appropriate confidentiality obligations. Each party remains responsible for persons receiving information on its behalf, subject to the applicable agreements and law.

A party may disclose Confidential Information to the extent required by law, subject to any applicable notice and protective-action requirements. Where permitted, it shall provide prompt notice to the disclosing party and limit disclosure to the required scope. This section does not prohibit lawful regulatory reports or independently authorize any use or disclosure of Customer Records contrary to Sections 11 and 12, a controlling data agreement, or law.

Upon written request or termination, Confidential Information shall be returned or securely destroyed except to the extent continued retention is permitted or required by law or the controlling agreement, or for protected routine backups subject to a bounded lifecycle. Customer Records follow Section 13, and the Customer may retain records and reports as permitted above. Confidentiality duties continue while the information remains Confidential Information; legally protected trade secrets remain protected for as long as applicable law provides. Retained information remains subject to the relevant use restrictions and safeguards.

17 Templates Content and AI Assisted Features

Templates, sample documentation, goals, and other Content are illustrative resources. You must apply your professional judgment and make revisions needed for the particular client, student, setting, and applicable documentation requirements. Content does not constitute clinical, educational, billing, or legal advice and is not a guarantee that a record meets a professional or regulatory requirement.

AI-assisted features may generate or suggest goals, notes, summaries, or other documentation from the information provided. Outputs may contain errors, omissions, or unsuitable suggestions. You must review and verify an output before saving, signing, transmitting, billing from, or relying on it. Do not submit information you are not authorized to process through the feature.

The Service does not provide therapy, diagnosis, prescribing, emergency response, or autonomous professional decisions. Customers remain responsible for the professional services and records they approve.

18 Terms of Service Conduct and Violations

You and Authorized Users shall not use the Service to violate law, infringe another person’s intellectual property or privacy rights, submit records without authority, impersonate another person or organization, or access another Customer’s account or records without permission.

Do not introduce malicious code; evade security or access controls; alter or destroy records unlawfully; disrupt, overload, or interfere with the Service; or scrape or commercially redistribute protected product materials. Do not copy, resell, sublicense, or reverse engineer the software except to the extent applicable law permits an activity despite this restriction. Automated access must not evade applicable controls or unreasonably burden the Service. These restrictions do not prohibit authorized record exports.

Violations may result in restrictions or termination under Section 23 and the other remedies permitted by this Agreement and law. Any restriction remains subject to applicable record-access and return obligations.

19 Disclaimer of Express and Implied Warranties

To the fullest extent permitted by applicable law, the Service, including beta features, Content, and AI outputs, is provided “as is” and “as available.” Except for express commitments in these Terms or a controlling agreement, iSpeax disclaims all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and noninfringement. iSpeax does not warrant uninterrupted or error-free operation or the accuracy, completeness, or suitability of Content or AI outputs.

20 Limitation of Liability

To the fullest extent permitted by applicable law, iSpeax and its officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits or business opportunities, arising from the Service or these Terms, whether a claim is based in contract, tort (including ordinary negligence), statute, or another legal theory and even if advised that such damages were possible.

Subject to the exceptions below, the aggregate liability of iSpeax and the persons protected above for all claims arising out of or relating to the Service or these Terms, whether based in contract, tort (including ordinary negligence), statute, or another legal theory, will not exceed the greater of US $100 or the  subscription fees the Customer paid to iSpeax for the Service during the 12 months immediately before the first event giving rise to the claim. Related claims, additional claimants, or multiple protected persons do not create separate liability limits.

21 Indemnification

To the extent permitted by law, the Customer shall defend, indemnify, and hold harmless iSpeax and its officers, directors, employees, and agents against third-party claims and resulting damages, settlements, and reasonable defense costs arising from the Customer’s unauthorized or unlawful submission, use, or disclosure of records; its professional services; its infringement of another person’s rights; or its material breach of these Terms. This duty applies only to the extent the claim results from the Customer’s conduct or that of persons it authorizes, and excludes the portion attributable to iSpeax’s negligence, misconduct, or breach.

iSpeax shall promptly notify the Customer of a covered claim and provide reasonable cooperation at the Customer’s expense. A delay in notice relieves the Customer’s obligations only to the extent it materially prejudices the defense. The Customer may control the defense with competent counsel but may not settle in a manner that admits wrongdoing by a covered iSpeax party, fails to release the covered parties from the claim, or imposes a nonmonetary obligation on them without iSpeax’s written consent. iSpeax may participate through its own counsel at its own expense. If the Customer fails to provide a required defense, iSpeax may defend the covered claim and recover reasonable costs allocable to the Customer’s indemnity obligation. For a governmental Customer, this indemnity applies only to the extent the Customer is authorized by law to undertake it in a duly authorized agreement; nothing in these Terms waives governmental immunity. This section does not require an indemnity prohibited by law or a controlling agreement.

22 Legal Relationship between You and iSpeax

The parties are independent contracting parties. This Agreement does not create employment, agency, partnership, joint venture, or franchise authority. Neither party may bind the other except as expressly authorized. Providing records or product feedback does not entitle the Customer or its users to compensation from iSpeax.

The iSpeax officers, directors, employees, and agents protected by Sections 20 and 21 are intended third-party beneficiaries solely of those provisions. Except for those limited protections or an express provision of a controlling agreement, this Agreement creates no intended third-party beneficiaries. This provision does not limit rights that patients, parents, eligible students, or other persons possess independently under applicable law.

23 Account Suspension and Termination

iSpeax may restrict or terminate access for material breach, unauthorized record access, fraud, unlawful activity, security threats, or interference with the Service. Where reasonably feasible, iSpeax will notify the Customer and provide an opportunity to resolve a remediable breach. Immediate restrictions may be necessary to protect persons, records, or the Service or to comply with law. Ordinary payment failures follow the process in Section 8.

You may end your account through the available closure process or by contacting support@ispeax.com. Canceling paid renewal is governed by Section 8. If account access permanently ends through voluntary closure or termination for misuse or security reasons, authorized representatives retain the secure export or assisted-return process in Section 13, subject to the controlling agreement and law. If ordinary login is unsafe, record return uses separately verified access. A temporary suspension alone does not trigger permanent deletion.

If iSpeax elects to discontinue paid service for convenience, it will provide the Account Owner at least 30 calendar days’ advance notice by email identifying the end date and refund the unused prepaid portion under Section 8. This convenience-termination notice does not delay a restriction or termination for a cause described above, or a security or legal restriction required under these Terms or applicable law. Section 13 governs secure record return after access ends. The normal beta-ending notice in Section 6 remains applicable to free beta. Termination does not eliminate an applicable record-return duty or a payment obligation properly incurred before termination.

24 Termination of Account Licenses and Unpaid Fees

Upon termination of ordinary account access, the right to use the software and ongoing account functions ends, except for the designated secure export or assisted-return process in Section 13. The Customer may continue to lawfully retain and use exported Customer Records and reports already generated through the intended professional workflows, subject to applicable record protections. This does not preserve a right to redistribute standalone product libraries or resume use of the Service without authorization.

Properly incurred unpaid fees remain due, subject to applicable refund, dispute, and other legal rights. Termination does not authorize new renewal charges or create a penalty for retrieving maintained records.

25 Survival of Terms after Termination

Provisions concerning accrued payments, intellectual property, permitted retained records, applicable confidentiality and data protections, warranty disclaimers, liability, indemnification, disputes, and general contract provisions survive to the extent necessary to give them effect.

Survival does not create an unrestricted license to retain, train on, disclose, or otherwise use Customer Records. Continuing retention and use must satisfy Section 13, the controlling agreement, and law. Ending account access does not eliminate obligations that apply while iSpeax maintains relevant protected records.

26 Dispute Resolution

Unless applicable nonwaivable law, a controlling data agreement, or a separately signed customer agreement requires otherwise, Texas law governs these Terms without applying conflict-of-laws rules. Any dispute between iSpeax and the Customer arising out of or relating to these Terms or the Service shall be brought exclusively in the state courts located in Travis County, Texas, or the federal courts serving Austin, Texas, and each party consents to the jurisdiction and venue of those courts, subject to any forum required by such law or agreement.

Either party may seek lawful injunctive or other equitable relief in the competent courts specified above. Nothing in these Terms restricts a lawful complaint to a regulator or access to a forum required by nonwaivable law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

27 Use of Service in the United States and Export Restrictions

The Service is offered to eligible account holders located in the United States. iSpeax does not represent that the Service satisfies professional, privacy, or educational requirements in other jurisdictions. This provision does not make a representation that every processor, system, or data location is in the United States.

You shall comply with applicable export-control and sanctions laws when accessing or using the software. Do not use or make the Service available in a manner prohibited by those laws. This section does not authorize account eligibility or record transfers otherwise prohibited by these Terms or a controlling agreement.

28 Assignment of Agreement and Account

You may not assign this Agreement, transfer account administration, or transfer or sublicense the software license without iSpeax’s prior consent, except as required by law. Requests affecting record access must also satisfy Section 32 and the responsible organization’s lawful requirements.

iSpeax may assign this Agreement in connection with a reorganization, merger, or sale of the relevant business, subject to applicable law, any required notice or consent, and continuing obligations under controlling data agreements. An assignment does not expand permitted record uses or eliminate applicable safeguards, return, deletion, or confidentiality obligations. This section does not itself authorize a transfer of protected records prohibited by law or the controlling agreement.

29 Integration Section Headings and Severability

These Terms, accepted subscription or order terms, and controlling agreements constitute the agreement concerning the Service and supersede prior understandings concerning that subject matter, except for obligations preserved by a controlling agreement or law. The Privacy Policy and HIPAA/FERPA Policy apply to information handling subject to the priority stated in Section 1. Internal procedures, security questionnaires, and general marketing descriptions are not additional contractual warranties unless expressly incorporated into an agreement.

No oral statement or informal communication modifies this Agreement. Modifications must follow Section 30 or be expressly agreed in a duly authorized written or electronic agreement. This provision does not waive remedies for fraud or misrepresentation or another nonwaivable legal right.

Section headings are for convenience and do not change the meaning of the operative text. Failure to enforce a provision is not a waiver. If a provision is unlawful or unenforceable, it will be enforced to the lawful extent where permitted or severed, and the remaining provisions will continue in effect. A severed provision does not eliminate nonwaivable obligations or override a controlling data agreement.

30 Notices and Changes to These Terms

iSpeax may revise these Terms prospectively. For material changes, it will provide at least 30 calendar days’ notice by email or in the Service software, identifying the material change and effective date. Changes required by law or necessary to address an immediate security or abuse issue may take effect sooner only to the extent necessary. Changes do not retroactively alter an accrued dispute or authorize paid enrollment from beta. Subscription price changes follow Section 9.

Material changes to payment authorization, dispute rights, liability allocation, or permitted record uses require affirmative acceptance before they apply, except to the extent a change is independently required by applicable law. This does not replace the price-notice and any additional consent requirements in Section 9. Where renewed acceptance is otherwise required by law or requested by iSpeax, you must affirmatively accept the revised Terms to continue use. For other changes, continued use after the stated effective date and notice constitutes acceptance only to the extent permitted by law. You may discontinue use and cancel renewal if you do not agree. An ordinary update does not shorten the expressly promised notice or export period for normal beta ending.

You shall keep the Account Owner’s email and account contact information current. Essential notices may be sent to the designated account email or through the app, subject to the specific email and in-app notice requirements expressly stated in these Terms or a controlling agreement.

For questions about iSpeax’s handling of personal information or Customer Records, contact privacy@ispeax.com. For account, billing, service, security, export, and other non-privacy inquiries, contact support@ispeax.com. Notices to iSpeax may be sent to support@ispeax.com, subject to any different requirement in a controlling agreement. For sensitive record-related matters, request secure submission instructions and do not include identifiable records in ordinary email.

31 Business Associate Agreement and FERPA Protected Records

Where iSpeax processes PHI on behalf of a covered entity or another business associate, it acts as a business associate or subcontractor business associate, as applicable. This may include services for individual healthcare providers, private practices, and home care agencies where HIPAA applies. iSpeax and the responsible Customer must enter the required BAA before PHI is processed under that relationship. The accepting professional or organizational representative must have authority to contract for the responsible professional, practice, or agency. Acceptance of these Terms alone does not execute a BAA that has not otherwise been entered into.

PHI may be used or disclosed only as permitted by the controlling BAA and law. iSpeax imposes applicable business associate obligations on PHI-processing subcontractors and assists the responsible Customer with applicable access, amendment, and disclosure-accounting obligations. PHI may be electronically disclosed for authorized service purposes to the responsible Customer, authorized recipients, and iSpeax’s contracted processors or subcontractors only as permitted by the BAA and law. Where separate individual authorization is required, it must be obtained before the electronic disclosure.

FERPA-protected education records and qualifying treatment records described in 45 CFR §160.103 are excluded from HIPAA’s definition of PHI. Classification depends on the responsible organization and the relationship in which the records are maintained. An independent healthcare provider’s clinical records concerning a student may instead be PHI where HIPAA applies.

For FERPA records, a Customer providing services to an EA must possess the requisite authority to disclose the records to iSpeax and ensure that the required authorizations and arrangements governing their use and maintenance are in place. iSpeax processes PII from those records only for purposes lawfully authorized by the EA and permitted by FERPA and the applicable agreement. Neither account registration nor acceptance of these Terms establishes that authority.

iSpeax does not use or redisclose PII from education records except for the authorized purpose and as permitted by the controlling agreement and FERPA. The EA remains responsible for responding to parents’ and eligible students’ requests to inspect, obtain, or amend education records.  

Where applicable law requires additional data-processing terms for particular processing, iSpeax and the responsible Customer must enter those terms before the affected processing begins. Any resulting agreement governs the processing it covers, subject to the priority in Section 1.

32 Transfer of Customer Records and Account Ownership

Requests to change the Account Owner or transfer Customer Records must be made by a person with lawful authority and may be initiated at support@ispeax.com. iSpeax may require reasonable identity verification, organizational authorization, succession documents, or other evidence of authority before changing administrative control or releasing records. Transfers must comply with the responsible Customer or EA’s lawful directions, controlling data agreements, and applicable law.

Death, disability, or incapacity of an Account Owner or professional does not automatically transfer account control or protected records to a relative, another user, or any other person. iSpeax may provide secure assistance to an appropriately verified representative but does not determine professional succession or guarantee appointment of a successor. Customers should maintain lawful continuity and record-custody arrangements appropriate to their practices or organizations. Unverified requests may be declined pending sufficient evidence, and records remain subject to the applicable safeguards and preservation obligations.

33 Consent to Electronic Communications

You agree to receive essential account, billing, cancellation, service, security, and legal communications electronically through the account’s designated email or the Service software, subject to applicable law and the more specific notice requirements in these Terms or controlling agreements. Keep copies of important communications and accepted documents for your records.

Marketing communications and any required marketing consent are separate. You may exercise applicable unsubscribe or opt-out rights; opting out of marketing does not stop essential account or legally required notices. The Customer remains responsible for required permissions and lawful communications to its clients, students, and other recipients. This section does not waive an individual’s statutory communication rights or permit identifiable records to be sent through an unauthorized channel.