AI Product Terms

1. Introduction and Scope

These terms apply to your use of AI-powered products and tools within Flexspeak (collectively, "Flexspeak AI™"), including, but not limited to: Translate Mode, Quick Add, AI Prediction, and Flexspeak's AI-powered assistant (collectively, "AI Products"). We reserve the right to update these terms from time to time with reasonable notice.

2. Acceptable Use

Please use AI Products responsibly and do not use them to create harmful content. We will not allow any use of AI Products that violates these terms or Flexspeak's Acceptable Use Policy, and we may suspend or terminate your account if we find that you are using it in this way.

In addition to the matters listed in our Acceptable Use Policy, it is prohibited to use AI Products to:

• Mislead anyone that the content generated by AI Products is human-generated;
• Provide medical advice or any content regarding the treatment, prevention, diagnosis or transmission of diseases;
• Provide legal or financial advice;
• Generate contracts or legally binding obligations;
• Generate political content including for dissemination in electoral campaigns;
• Generate source code for malicious purposes;
• Generate spam, ransomware, keyloggers, viruses or other malicious software;
• Generate nudity or shocking content including obscene gestures, bodily fluids or other profane subjects;
• Generate or disseminate information to be used for the administration of justice or other legal purposes;
• Implement fully-automated decision making without human review.

3. User Responsibility

You are responsible for any text you input or content you upload when using AI Products. AI suggestions are provided as assistance only and do not replace human judgment. While we understand that communicating about health conditions and personal needs is essential for augmentative and alternative communication (AAC) users, you agree to use these features responsibly and in accordance with our Acceptable Use Policy.

As between you and Flexspeak, you own your communications and content. You give Flexspeak the limited technical right to process your content through our AI Products solely to provide our services. Flexspeak will not store, retain, or claim ownership of your communications.

If any content is alleged to violate laws or these terms, Flexspeak may be required to disclose such content to authorized legal authorities. Some AI Products may have usage limits and language availability restrictions, and you will be notified of any applicable limits.

4. Sharing & Publication Policy

4.1 Social Media, Livestreaming and Demonstrations

Posting your own prompts and content to social media is generally permissible, as is live-streaming or demonstrating AI Products to others, as long as you:

• Manually review each Output before sharing or while streaming;
• Attribute the content to your name or your company;
• Indicate that the content is AI-generated in a way no user could reasonably miss or misunderstand;
• Do not share content that violates these terms, or that may offend others.

4.2 Content Co-authored with AI Products

You may publish first-party written content (e.g., a book) created in part with AI Products under the following conditions:

• The published content is attributed to your name or company;
• The role of AI in formulating the content is clearly disclosed in a way that no reader could reasonably miss;
• The content does not violate our Acceptable Use Policy or these terms;
• You refrain from sharing outputs that may offend others.

You should not represent AI-generated content as being wholly generated by you, and you must take ultimate responsibility for the content being published.

5. AAC-Specific Considerations

We understand that AAC users rely on our platform for essential communication needs. Flexspeak AI features are designed to:

• Support communication across multiple languages
• Reduce keystrokes and effort required to communicate
• Suggest relevant vocabulary
• Enhance communication efficiency for users with motor or speech impairments

AAC users and their caregivers may communicate about health conditions, personal needs, and daily activities. Such communication is supported and protected, provided it adheres to these terms.

6. Data Rights and Privacy

6.1 Content Ownership and Processing

• You own your communications and content created using Flexspeak.
• You grant Flexspeak the limited technical right to process your content through our AI features solely to provide our services.
• Flexspeak does not store, retain, or claim ownership of your communications when processed through our AI features.
• For essential functionality, some user data may be temporarily processed but is not permanently stored nor used to train AI models.

6.2 Zero Data Retention for Educational Institutions

For educational institutions and users subject to FERPA, COPPA, NY Education Law 2-d, or similar privacy regulations:

• All data is processed through our Zero Data Retention workflow designed to comply with applicable data privacy laws.
• This workflow is engineered to prevent student data from being stored, logged for human review, or retained by third-party AI service providers.
• User data is not used to improve third-party services or train AI models.
• All data transmission employs industry-standard encryption methods aligned with recognized cybersecurity frameworks.
• We implement role-based access controls and robust authentication mechanisms to protect data.
• Flexspeak takes reasonable measures to ensure your data is processed securely, but makes no warranty as to third-party processing beyond our contractual safeguards.

6.3 Data Return and Deletion Rights

Educational institutions may request the return or deletion of all data at any time. Upon such request or upon termination of services, Flexspeak will either return all institutional data in a standard, usable format or undertake commercially reasonable efforts to securely delete such data within 30 days, according to the institution's preference.

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7. AI Governance for Educational Institutions

For educational institutions using Flexspeak, we:

• Maintain transparency in AI decision-making processes with documentation available upon reasonable request
• Take reasonable measures to mitigate potential bias in AI features through regular testing and evaluation
• Provide human-reviewable AI outputs that can be accepted, modified, or rejected by users
• Do not implement fully automated decision-making systems that impact educational outcomes
• Do not use educational institution data to train our AI models

8. Technology Partners

Flexspeak uses technology provided by third-party service providers to provide some of our AI Products. You acknowledge that any Input you provide, including any personal data you choose to include within that Input, will be shared with third-party service providers we engage to enable functionality within the Service.

By using the AI Products, you direct and consent to personal data you include in an Input being processed by third parties, including OpenAI, LLC in the United States. For educational institutions and users subject to FERPA, COPPA, or similar privacy regulations, we process all data through a Zero Data Retention workflow to minimize data exposure.

Flexspeak implements contractual safeguards with these providers and takes reasonable measures to ensure your data is processed securely, but cannot guarantee the actions of third parties. Flexspeak is not responsible for the acts or omissions of its technology partners that are outside Flexspeak's reasonable control.

9. Limitation of Liability

IN NO EVENT WILL FLEXSPEAK'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR USE OF AI PRODUCTS EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO FLEXSPEAK IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $500. FLEXSPEAK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE AI PRODUCTS.

10. Disclaimer of Warranties

FLEXSPEAK AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHILE WE STRIVE FOR ACCURACY, WE CANNOT GUARANTEE THAT AI-GENERATED CONTENT WILL BE ERROR-FREE OR APPROPRIATE IN ALL CONTEXTS. FLEXSPEAK MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT.

USERS, GUARDIANS, AND SERVICE PROVIDERS SHOULD REVIEW AI-GENERATED SUGGESTIONS BEFORE COMMUNICATING THEM, ESPECIALLY IN IMPORTANT CONTEXTS. FLEXSPEAK IS NOT RESPONSIBLE FOR MISCOMMUNICATIONS RESULTING FROM AI-GENERATED CONTENT.

THE AI PRODUCTS ARE NOT INTENDED TO BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, MEDICAL DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL MATTERS.

11. Amendments and Feedback

We welcome feedback on our AI Products. You can get in touch with our Support team at team@flexspeak.com to provide feedback at any time.

We reserve the right to modify these terms from time to time, with appropriate notice to users. Your continued use of the AI Products after such modifications will constitute your acknowledgment of the modified terms.

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