MyTalkTools.com

MyTalk Terms of Service
 
By using the Mytalktools.com web site (“Service”), all services of MyTalk LLC, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

MyTalk LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at:
 
http://www.Mytalktools.com//DNN/LinkClick.aspx?link=138&tabid=122
 
Violation of any of the terms below will result in the termination of your Account. While MyTalk LLC prohibits such conduct and Content on the Service, you understand and agree that MyTalk LLC cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
 
Account Terms
  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Ownership rights and responsibilities: MyTalk Mobile:
    - MyTalk Mobile has two versions and two modes.
    -> Versions: The two versions are MyTalkTools Mobile and MyTalkTools Mobile Lite. On the Purchase page you will see a third column noted as 'Mobile +'.  Mobile + is the same version as Mobile. The + is intended to indicate that with Mobile you may also purchase Acapela voices using an In App Purchase.
    -> Modes: Both Mobile and Mobile Lite have two modes, User Mode to communicate and author mode to create communication boards.

    Where and How di I get it?
    - Lite is downloaded from the App Store and Mobile is purchased and downloaded from the App Store. Expiration or other limitations? Neither Mobile or Mobile Lite expire, but Mobile Lite is limited to 20 cells/buttons when creating content in author mode while using Lite. The 20 cells can be on one or several boards. Lite users wont be able to upgrade to Acapela voices and the Lite version does not support switches.
    Authoring / Board Building capability: Both Mobile & Lite have comprehensive board building capabiltiy.
  5. Ownership rights and responsibilities: MyTalk's Web Workspace:
    Workspace is totally optional and not required for MyTalke Mobile to function fully.
    Workspace is provided at no cost to everyone for 30 days before the trial expires.
    Workspace has 3 versiosns                                                                                                                                                              1. Workspace (also know as) Family
    2. Workspace + (also know as) Family plus Sharing
    3. Workspace + Multiboard (also know as) Professional
    All Mobile and Mobile Lite users are provided the 30 day trial of item 1, Workspace aka Family.
    Support professionals may, from time to time, be granted free access to Workspace aka /Family. During those periods when MyTalk is granting the Family version to professionals at no cost, they are granting permanent access, even if the company later decides to cancel the policy for new incoming professionals.
    The trial version is fully functional.
  6. In “non special needs” situations defined as any situation where the “author” and “user” are the same person, or in Early Childhood Learning applications, your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  7. You are responsible for maintaining the security of your account and password. MyTalk LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  8. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others under your account).
  9. If you are using a free account you are not permitted to block ads.
  10. One person or legal entity may not maintain more than one free account.
  11. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  12. The Library of Character/Logo Symbols contained in this software is included free of charge, may be used solely for communication purposes and may not be sold, copied or otherwise exploited for any type of profit."
API Terms
 
Customers may access their MyTalk account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses MyTalk, is bound by the terms of this agreement plus the following specific terms:
  1. You expressly understand and agree that MyTalk LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyTalk LLC has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to MyTalk via the API may result in the temporary or permanent suspension of your account's access to the API. MyTalk LLC , in its sole discretion, will determine abuse or excessive usage of the API. MyTalk LLC will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. MyTalk LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
  1. A valid credit card is required for paying accounts.
  2. Cost & Duration:
    See the Purchase page for pricing. MyTalk Workspace started as a subscription but we are moving away from subscriptions based on customer input. We will continue to honor existing monthly subscription but are adding no more. On the Purchase page find the cost for 1 time purchase with no future costs. Below that price find an option to 'extend the trial' for 1 year. That 'Extend Trial' alternative is the only remaining subscription alternative.
    It is our intention to add some nominal yearly service fee in an amount of approximately $10 for lifetime purchasers to help defray ongoing server and storage costs, but that is NOT in place and no such charge will be asked of any current Lifetime purchaser. If and when that policy is initiated, it will be directed at new purchasers and will be clearly communicated at time of purchase.

    Which account do I use? See our Support page and review professional account features.
    Today there is no limitation to the number of end users (board names) that can be associated with a professional account. It is our intent to establish a limit of 6 to 10 users (board names) for professional accounts, but that limitation when instituted will not apply to existing professional accounts.
    Professional accounts purchased by companies, entities, instituions are intended for a single professional, who will use the account with several end users. It is possible for an instituion to assign a professional account to an administrator who has responsibilites for managing content based on context. For example a single person may be responsible for a professional account in a school or hospital with board names (end users) for gym, office, cafeteria etc. If MyTalk is used for curriculum, each tracher or special ed classroom should have a professional accout.

    What does the end user pay.
    1. Every end user that has more than 20 cells should be using Mobile, the paid version of our software. If the end user needs less than 20 cells, MyTalk Mobile Lite is our gift.
    2. End Users working with a professional will only need Mobile, as long as they are content to NOT Author on their own Workspace account. Students/clients/patients of MyTalk professionals can edit their boards using MyTalk Mobile Authoring capability by toggling on and off the 'enable authoring' and 'remember me' features. But they will not be able to author on Workspace because the Professional account owner will not grant them access to his/her user name & password due to confidentiality.
    3. End Users wanting Workspace: These users will purchase Mobile and Workspace. They generally will purchase Family or Family + Sharing. For these end users who continue to use the services of a professional, we provide easy steps to move content from the professional account to family account. The professional will manage this group by managing a list of user names and passwords instead of the board names used to manage accounts using the professionals Workspace account.
  3. If you choose not to purchase Workspace using the 1 time option, instead opting to 'Extent your trial' when you sign up for the extended trial, you will be charged at that time. If you don't cancel that account within the term of your subscription (365 days) you will be billed for the next period. If you cancel prior to the processing of your next invoice on your anniversary day, you will not be charged.
  4. The Service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial years of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. MyTalk LLC does not accept any liability for such loss.
Cancellation and Termination
  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by going to your paypal account and cancelling the subscription. We provide a link to a video tutorial on www.mytalktools.com. We reserve the right  to delete your Content if we are faced with storage space limitations at any time after cancellation. If deleted the information cannot be recovered once your account is cancelled.
  2. For those on the yearly plan, if you cancel the Service before the end of your current paid up period, your access to Workspace will be blocked immediately and you will not be charged again.
  3. MyTalk LLC , in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MyTalk LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. MyTalk LLC reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
  1. MyTalk LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MyTalk Site (www.Mytalktools.com) or the Service itself.
  3. MyTalk LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
  1. All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by contributing suggestions or by setting your files or boards to be shared publicly, you agree to allow others to view, use and share your Content.
  3. MyTalk LLC does not pre-screen Content, but MyTalk LLC and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  4. The look and feel of the Service is copyright©2010-2010 MyTalk LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from MyTalk LLC .
General Conditions
  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that MyTalk LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, MyTalk LLC , or any other MyTalk LLC service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MyTalk LLC .
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MyTalk LLC customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage exceeds 50 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by MyTalk LLC ) of other MyTalk customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  12. MyTalk LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  13. You expressly understand and agree that MyTalk LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyTalk LLC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  14. The failure of MyTalk LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MyTalk LLC and govern your use of the Service, superceding any prior agreements between you and MyTalk LLC (including, but not limited to, any prior versions of the Terms of Service).
  15. Questions about the Terms of Service should be sent to support@MyTalktools.com.
Definitions

  1. "MyTalk User" - The person who uses the handheld device to aid in communicating with the general population.
  2. "MyTalk Author" - The person who develops the personalized language set for the "user". In the case of the primary audience (developmentally delayed & expressive challenged) the author and user are different people (parent, teacher, caregiver). In the case of Deaf/HOH or others, they are the same person.
  3. File: Image, audio, or video files that work on the iPhone, iTouch platforms
  4. Board: A viewing page on the iphone screen with a number of cells or boxes. The number of cells on the screen/board is defined by the “MyTalk Author”. Each cell on the board can contain up to 4 types of content plus 1 functional capability. Content capabilities include: Image, audio, video, and text. Functional capability is "drill to next board" functionality, where another user defined board would appear, in a parent child relationship.