Terms of Service

1. Who these Terms are between

These Terms are between you and Articarry, Inc., a Delaware corporation ("Articarry", "we", "us"). If you accept them for a practice, a clinic, a school, or another organization, you confirm you are authorized to do so, and "you" means that organization.

They take effect on the day you accept them and stay in force until the account is closed.

2. The service we offer

Articarry is a web application a speech-language pathologist uses to give a child practice to do at home, and a child's guardian uses to support that practice. What the platform does and does not do is set out in What Articarry is, and what it is not, which forms part of these Terms. The service is provided as is, on the terms below.

3. Accounts and eligibility

• A clinician account is for licensed speech-language pathologists (or the equivalent credential where you practice). You confirm your credential when you sign up. We do not verify it, and it stays your responsibility to keep it current.
• A guardian account is for a parent or legal guardian acting for a child a clinician has enrolled. Guardian accounts are created only from a clinician's invite.
• Articarry is not for use by children on their own behalf. A child has no login, no password, and no session. See the children's privacy notice.
• You are responsible for your credentials and for what is done through your account. Tell us at security@articarry.com if you believe your account has been reached by someone else.

4. Health information and the parties' roles

Where you are a covered entity under HIPAA and Articarry handles protected health information on your behalf, Articarry acts as your business associate. Our Business Associate Agreement governs that handling, forms part of these Terms, and controls over these Terms wherever the two conflict on protected health information.

Consent from a child's guardian is required before any recording is created, and the server enforces it. You remain responsible for what the server cannot see: that the invite reached the person entitled to give consent, and that you hold whatever separate permissions your practice, your employer, or your jurisdiction requires. Practice inside a school or district may be governed by education-records law rather than, or in addition to, HIPAA; that determination is yours to make.

5. No clinical claims

Articarry does not diagnose, does not treat, and does not produce clinical findings. Nothing the product surfaces (a per-word band, a "sounded like" signal, an adherence indicator, a count of practice days) is a clinical conclusion. A clinician applies their own training and tools to a record of practice; Articarry's job is to make that record legible. Nothing in these Terms warrants any clinical outcome, and the clinician's professional judgment is the only such authority.

6. Acceptable use

• Do not upload audio you do not have consent to upload.
• Do not attempt to reach another clinician's caseload, another guardian's family data, or another account's recordings.
• Do not scrape, mirror, or programmatically extract content beyond what a published interface permits.
• Do not resell, sublicense, or otherwise transfer access to your account.
• Do not probe, load test, or interfere with the service, or upload anything designed to harm it.
• Do not use the service in a way that breaks applicable law, including health-information and children's privacy law where you operate.

7. Your content and our content

Recordings a child makes remain the family's content. The plans, notes, and records a clinician creates remain the clinician's content. You keep ownership of both. You grant Articarry the limited license it needs to host, process, and present that content to the people it was meant for (the family and the clinician), and to keep the backups that operating a service requires. That license ends when the content is deleted, subject to backup cycles described in the privacy notice.

The platform code, the design system, the books and illustrations Articarry has authored or commissioned, and the clinical structure (journey templates, the phoneme matrix) are Articarry's. You get a non-transferable license to use them through the service. Nothing here transfers ownership.

8. Billing, cancellation, and refunds

These terms describe how paid subscriptions work, so there are no surprises. Where Articarry is provided to you at no charge, they simply do not bite.

• Cancel anytime. You can cancel from your account at any time. No cancellation fees, no long-term lock-in.
• Monthly plans. Cancelling stops the plan at the end of the period you have already paid for. You keep access until then and are not charged again. Monthly payments already made are not refunded.
• Annual plans: 30 day “didn't fit” refund. If your first annual purchase is not a fit, tell us within 30 days of that purchase and we refund it in full, no questions asked. After 30 days an annual plan runs to the end of its term and is not refunded; cancelling stops it renewing.
• Free trials. Some plans start with a free trial and ask for no card up front. If you do nothing, the trial simply ends. You are never charged without adding a payment method first.
• Taxes. Prices exclude any sales, use, or value-added tax, which is added where law requires it.

9. Getting your data out, and deletion

A guardian can export their family's data and can delete a child or the whole account from their account page. Deleted data stays restorable for a period, and is permanently removed no later than 180 days, or sooner on request. A clinician can close their account by writing to support@articarry.com. Removing a child from a caseload ends the clinician's access and leaves the family's account and recordings untouched: deleting a family's data is the family's call. Retention periods are in the privacy notice.

10. Availability and support

We do not commit to a specific uptime figure or response time, and we may change, suspend, or withdraw features. Where a change removes something you rely on, we tell the account on file in advance when we reasonably can, and we do not remove your ability to export your own records without notice.

11. Term and termination

These Terms run from the day you accept them until the account is closed. Either side may end the relationship at any time. We may suspend or close an account that breaks these Terms, and we tell you in writing when we do, except where law prevents it. On termination, your license to use the service ends and your content is handled as section 9 and the privacy notice describe.

12. Disclaimers

The service is provided as is and as available. To the extent the law allows, Articarry disclaims the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and does not warrant that the service will be uninterrupted, error free, or that any output of the third-party speech-scoring service will match what a clinician hears. That last one is not boilerplate: it is the honest description of what the technology is, and section 5 says so at length.

13. Limitation of liability

To the extent the law allows, neither side is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising from these Terms. Articarry's total liability under these Terms is limited to the fees you paid Articarry in the twelve months before the claim. Nothing here limits liability that law does not permit to be limited, including liability for death or personal injury caused by negligence, and for fraud. Liability for protected health information is addressed in the Business Associate Agreement.

14. Indemnity

You will defend and hold Articarry harmless against third-party claims arising from your use of the service in breach of these Terms, from content you upload without the consent it required, or from your own professional services. Articarry will defend and hold you harmless against third-party claims that the platform itself infringes their intellectual property.

15. Changes to these Terms

We may revise these Terms. Each version is kept, and the version you accepted is recorded against your account with a fingerprint of the exact text you saw. Material changes are announced to the account on file at least 14 days before they take effect, and you are asked to accept the new version when you next sign in. The consent a guardian gives for recording is versioned separately: a material change there always re-asks.

16. General

• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor of our business, on notice to you.
• Severability. If a provision is unenforceable, the rest stays in force.
• No waiver. Not enforcing a provision once does not waive it.
• Notices. We give notice to the email on your account. You give notice to support@articarry.com.
• Entire agreement. These Terms, together with the platform-scope statement, the Business Associate Agreement where it applies, and the privacy notices, are the whole agreement between us about the service.
• Survival. Sections 5, 7, and 12 to 16 survive termination.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of them, and both sides consent to that jurisdiction and venue. Nothing here prevents either side from seeking injunctive relief in any court with jurisdiction to protect its intellectual property or confidential information.

Before filing anything, please write to support@articarry.com and give us 30 days to sort it out. Most things are a misunderstanding that a conversation fixes faster than a filing does.

18. Contact

Questions about these Terms: support@articarry.com.