Terms of Use

1. Introduction

Welcome to Verbalyft (“Company,” “we,” “us,” or “our”). Verbalyft is an AI-powered digital speech therapy and language learning platform designed for children, including those with neurodevelopmental conditions such as autism, ADHD, speech delays, and Down syndrome (“the Service”). These Terms of Use (“Terms”) govern your access to and use of our website, applications, and all related services.

By accessing or using Verbalyft, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

2. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and COPPA Compliance notice, which are incorporated herein by reference. We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the platform at least 14 days before they take effect. Your continued use after such changes constitutes acceptance of the updated Terms.

3. Medical and Therapeutic Disclaimer

Verbalyft is a supplementary educational and practice tool. It is not a substitute for professional speech-language pathology, medical diagnosis, or clinical therapy.

• The Service does not provide medical advice, diagnosis, or treatment of any kind.
• AI-generated exercises, stories, and feedback are designed for general language practice and should not replace recommendations from licensed speech-language pathologists (SLPs) or healthcare providers.
• Always consult a qualified healthcare professional for clinical assessments and treatment plans.
• Therapists using the platform remain solely responsible for clinical decisions regarding their patients.

4. No Guarantee of Results

While Verbalyft is designed to support speech and language development, individual results will vary. We do not guarantee any specific outcomes, improvements, or developmental milestones. Factors such as the child's condition, engagement level, frequency of use, and external therapy all influence progress. Verbalyft should be used as one component within a broader developmental plan.

5. Representations and Warranties

The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

6. Registration and Accounts

To use the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your login credentials and not share them with unauthorized parties.
• Immediately notify us of any unauthorized access to or use of your account.
• Accept responsibility for all activities that occur under your account.

Parent/Guardian accounts: A parent or legal guardian must create and manage accounts for children under 13. Children cannot independently create accounts.

Therapist accounts: Therapists represent that they hold valid professional credentials and are authorized to provide speech-language pathology services in their jurisdiction.

7. Acceptable Use and Conduct

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Upload, transmit, or distribute any harmful, offensive, defamatory, or inappropriate content.
• Attempt to gain unauthorized access to other accounts, systems, or networks connected to the Service.
• Use the Service for any commercial purpose not expressly authorized by us, including reselling access.
• Reverse engineer, decompile, or disassemble any part of the Service or its underlying technology.
• Interfere with or disrupt the integrity or performance of the Service.
• Use automated scripts, bots, or scrapers to access or extract data from the platform.

8. Subscriptions, Payments, and Refunds

Certain features of Verbalyft may require a paid subscription. By subscribing, you agree to the pricing and payment terms presented at the time of purchase. Subscriptions renew automatically unless cancelled before the renewal date.

All sales are final unless otherwise required by applicable law. We may, at our sole discretion, offer refunds on a case-by-case basis. To request a refund, contact us at hello@verbalyft.com.

9. Intellectual Property

All content, features, functionality, software, designs, trademarks, and technology comprising the Service are owned by Verbalyft or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational purposes (or professional purposes for licensed therapists). This license does not include the right to:

• Reproduce, distribute, or publicly display any content from the Service beyond personal use.
• Modify or create derivative works based on the Service.
• Use any data mining, robots, or similar data gathering tools on the Service.

10. AI-Generated Content

Verbalyft uses artificial intelligence to generate stories, exercises, quiz questions, and conversational responses. While we implement content safety filters and age-appropriate guardrails:

• AI-generated content may occasionally contain inaccuracies or unexpected outputs.
• We do not warrant the accuracy, completeness, or suitability of AI-generated content for any specific purpose.
• Parents and therapists should review AI-generated materials and exercise their own judgment regarding appropriateness.

11. Copyright and DMCA Policy

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please submit a DMCA notice to hello@verbalyft.com with the following information:

• A description of the copyrighted work claimed to have been infringed.
• Identification of the infringing material and its location on the Service.
• Your contact information (name, address, email, phone).
• A statement that you have a good faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
• Your physical or electronic signature.

Repeat infringers will have their accounts terminated in accordance with applicable law.

12. Third-Party Links

The Service may contain links to third-party websites or services that are not owned or controlled by Verbalyft. We assume no responsibility for the content, privacy policies, or practices of any third-party sites. You access third-party links at your own risk.

13. Service Availability

We strive to maintain uninterrupted access to the Service but cannot guarantee availability at all times. The Service may be temporarily unavailable due to scheduled maintenance, updates, technical difficulties, or circumstances beyond our control. We will endeavor to provide advance notice of planned downtime where possible.

14. Information Security

We implement industry-standard security measures to protect your data, including encryption in transit (TLS/HTTPS), hashed passwords (bcrypt), and secure JWT-based authentication. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security. See our Privacy Policy for detailed information about our data protection practices.

15. Termination

We reserve the right to suspend or terminate your account at any time, with or without cause and with or without notice, if we believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease. You may deactivate your account at any time through account settings or by contacting us.

Upon account deletion, all personal data and child profiles will be permanently removed within 30 days in accordance with our Privacy Policy.

16. Indemnification

You agree to indemnify, defend, and hold harmless Verbalyft, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any third-party rights.

17. Limitation of Liability

To the maximum extent permitted by applicable law, Verbalyft and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of the Service, regardless of the theory of liability.

In no event shall our total liability to you exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or $100 USD, whichever is greater.

18. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information, including children's data in compliance with COPPA. The Privacy Policy is incorporated into these Terms by reference.

19. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

20. No Relationship Created

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Verbalyft. You have no authority to bind Verbalyft in any manner whatsoever.

21. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Verbalyft regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

23. Assignment

Verbalyft may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

24. Notices

We may provide notices to you by posting announcements on the platform, sending emails to the address associated with your account, or through other reasonable means. Notices from you to Verbalyft should be sent to hello@verbalyft.com.

25. Contact Us

If you have questions or concerns about these Terms of Use, please contact us:

• Email: hello@verbalyft.com
• Support: hello@verbalyft.com
• Website: verbalyft.com