Terms of Service

Welcome to SpeechTherapyMagic. These Terms of Service (“Terms”) are a binding agreement between you and Digital Mundo, LLC, a Delaware limited liability company doing business as “SpeechTherapyMagic” (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of the SpeechTherapyMagic website, applications, and services (collectively, the “Service”). By creating an account or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using SpeechTherapyMagic, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization (such as a school or clinic), you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

SpeechTherapyMagic is an online platform that provides game-based speech therapy practice tools, personalized speech therapy content, and progress tracking dashboards for speech-language pathologists, parents, and children. The Service is intended to supplement, not replace, professional speech therapy services provided by a licensed speech-language pathologist.

4. Therapeutic Use Disclaimer

SpeechTherapyMagic is a supplementary practice tool — it is not a substitute for direct assessment, diagnosis, or treatment by a licensed speech-language pathologist (SLP). SLPs retain full professional responsibility for clinical judgment, treatment planning, and outcomes. The platform is not a medical device and does not provide clinical services.

SLPs must obtain informed consent from parents and guardians and comply with their professional licensing requirements before using the platform in a clinical context. We disclaim all liability for therapeutic outcomes and clinical decisions made using this platform.

5. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate and complete information when creating your account and keep this information current. You agree to notify us immediately of any unauthorized access to your account.

Child profiles must be created by a parent, legal guardian, or authorized SLP. You represent that you have the legal authority to create profiles and consent to data collection for any child profile you add to the Service.

6. Subscriptions and Payment

Certain features of the Service require a paid subscription. By subscribing, you agree to pay the applicable fees as described on our pricing page. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

All fees are in U.S. dollars. We may update our pricing at any time. Existing subscribers will receive at least 60 days' notice before any price change affects their plan. Price changes take effect at the start of the next billing cycle after the notice period. Refunds are handled on a case-by-case basis; please email us at hello@speechtherapymagic.com or contact us via our contact form at speechtherapymagic.com/contact for refund requests.

7. Free Plan & Upgrades

We offer a free plan with core features and no time limit. No credit card is required. You may upgrade to a paid plan at any time for increased usage limits and premium features. If you cancel a paid plan, your access reverts to free-tier features at the end of your billing period. Your data is always retained.

8. Fair Use & Usage Limits

Certain features of the Service rely on third-party AI and speech analysis services that incur real per-use costs. To ensure a sustainable and high-quality experience for all users, all plans are subject to fair use limits.

What this means: Features such as AI story generation, pronunciation scoring, and text-to-speech are provided with generous monthly allowances that are more than sufficient for regular speech therapy practice. Specific allowances vary by plan and are described on our pricing page and within the application.

If you reach a limit: We will notify you within the application when you are approaching your monthly allowance. If you reach your limit, the affected feature will be temporarily unavailable until the next billing cycle. You will not be charged overage fees. Features that do not rely on AI services (games, flashcards, worksheets, marketplace decks) are not subject to usage limits and are always available.

We reserve the right to modify fair use allowances at any time without prior notice. We may, but are not obligated to, notify you of changes to usage limits via email or in-app notification.

9. AI-Powered Features

SpeechTherapyMagic uses artificial intelligence and third-party services to power certain features, including but not limited to: AI story generation, pronunciation scoring and phoneme analysis, text-to-speech audio, and content recommendations. These features are provided “as available” and may vary in accuracy, availability, and capability.

Pronunciation scoring: Our pronunciation scoring feature uses AI-powered speech analysis to provide feedback on speech sound production. Scores and feedback are approximate and intended for practice purposes only. They do not constitute a clinical assessment and should not be used as a substitute for evaluation by a licensed speech-language pathologist. Accuracy may vary based on recording quality, background noise, accent, age, and other factors.

Service quality tiers: Different subscription plans may include access to different AI models, scoring engines, or service quality levels. We may offer enhanced or premium AI features (such as advanced pronunciation analysis, detailed error classification, or higher-accuracy scoring models) as part of higher-tier subscription plans. The specific AI services and models used may change over time as we improve the platform, and we reserve the right to modify, upgrade, or replace the underlying AI providers without notice, provided the core functionality remains substantially similar.

AI-generated content: Stories, illustrations, and other content generated by AI are created dynamically and may occasionally produce unexpected or imperfect results. We review and filter AI outputs for safety and appropriateness, but we cannot guarantee that all generated content will be free from errors. If you encounter inappropriate generated content, please report it through our feedback system.

Student data and third-party AI: We do not include student names or personally identifiable health information in content sent to third-party AI providers. Content generation requests use only generic parameters such as target speech sounds, grade level, and theme — never student-specific health data or protected information.

10. Marketplace & Creator Content

The SpeechTherapyMagic Marketplace allows users to browse, purchase, and use interactive activity decks created by SpeechTherapyMagic (“First-Party Content”) and, when available, by third-party creators (“Creator Content”).

Purchases: Paid marketplace decks are one-time purchases that grant you a non-exclusive, non-transferable license to use the deck within the Service for personal or professional speech therapy purposes. Purchases are non-refundable except as required by applicable law or at our sole discretion.

Creator Program: The Creator Program, when available, allows eligible users to create and sell activity decks on the Marketplace. Participation in the Creator Program requires a separate Creator subscription and agreement to our Creator Terms, including our commission structure and content guidelines. We reserve the right to remove any Creator Content that violates our guidelines or these Terms.

Content availability: We do not guarantee that any particular deck or content will remain available on the Marketplace indefinitely. If a deck you have purchased is removed from the Marketplace, you will retain access to it in your library. If a deck is removed due to a copyright dispute, IP violation, or policy breach, affected purchasers will be notified and we will work to provide a reasonable resolution, which may include a refund or replacement content. Access may be suspended during an active copyright dispute.

11. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Share your account credentials with unauthorized parties
• Use automated tools (bots, scrapers) to access the Service without written permission
• Reproduce, distribute, or create derivative works from our content, games, or materials without authorization
• Use the Service in any way that could harm, disable, or impair its availability to other users

12. Intellectual Property

All content, games, designs, logos, and software that make up the Service are owned by SpeechTherapyMagic or its licensors and are protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

Generated content (stories, word lists, worksheets) created through your use of the Service may be used by you for personal or professional speech therapy purposes. You may print and share this content with students and families as part of therapy activities.

13. Privacy and Data

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information and your children's information. By using the Service, you consent to the practices described in the Privacy Policy.

14. Data Security Commitments

We are committed to protecting the security of your data. Our security practices include:

• All data is encrypted in transit using TLS and encrypted at rest.
• Access to student data is restricted to authorized personnel only.
• In the event of a data breach, affected users will be notified within 72 hours of our discovery of the breach, to the extent required by applicable law.
• You may request deletion of your data at any time by emailing us at hello@speechtherapymagic.com or using our contact form at speechtherapymagic.com/contact.

15. School and Educational Institution Use (FERPA)

If the Service is used by a school or educational institution to manage student records, the institution is solely responsible for ensuring its use of the Service complies with the Family Educational Rights and Privacy Act (FERPA) and any other applicable student privacy laws. By using the Service in an educational context, the institution represents that it has obtained all required parental consents before sharing student education records with us and before allowing us to act as a school official with access to those records.

We do not sell, rent, or share student data with third parties for commercial purposes, including advertising, marketing, or data brokering. Student data is used exclusively to provide and improve the educational services described in these Terms.

Schools and educational institutions may request deletion of student data at any time by emailing us at hello@speechtherapymagic.com or contacting us via our contact form at speechtherapymagic.com/contact. We will fulfill deletion requests within 30 days.

Schools and institutional users may also review our Data Processing Agreement and our full list of third-party subprocessors.

16. Copyright Infringement & DMCA Takedown Policy

SpeechTherapyMagic respects the intellectual property rights of others and expects users of the Service to do the same. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

Submitting a takedown notice: If you believe that content on our Marketplace or elsewhere on the Service infringes your copyright, please send a written DMCA takedown notice to our designated agent by emailing hello@speechtherapymagic.com or via our contact form at speechtherapymagic.com/contact. To be valid under 17 U.S.C. § 512(c)(3), your notice must include:

1. Your physical or electronic signature;
2. Identification of the copyrighted work you claim has been infringed (or a representative list if multiple works are covered by a single notice);
3. Identification of the infringing material and its location on our platform with sufficient detail for us to locate it (e.g., a URL);
4. Your contact information, including your name, mailing address, telephone number, and email address;
5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receiving a complete and valid takedown notice, we will promptly remove or disable access to the allegedly infringing content and notify the uploader.

Counter-notification: If content you uploaded was removed in response to a DMCA notice and you believe the removal was made in error (for example, because you have authorization from the copyright owner or because the material is not infringing), you may submit a counter-notification by emailing hello@speechtherapymagic.com or via our contact form at speechtherapymagic.com/contact. A valid counter-notification must include: (1) your physical or electronic signature; (2) identification of the material that was removed and its prior location; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and (4) your name, address, and telephone number, and a statement that you consent to jurisdiction of the federal district court for your district. We will reinstate removed content within 10–14 business days after receiving a valid counter-notification unless the complaining party files a court action.

Repeat infringer policy: We maintain a repeat-infringer policy. Accounts that accumulate multiple valid DMCA strikes may be suspended or permanently terminated, at our sole discretion.

Limitation of liability for user content: SpeechTherapyMagic is not liable for user-uploaded content, but we act in good faith to remove infringing material promptly upon receipt of a valid takedown notice. Abuse of the DMCA process (including submitting knowingly false notices) may expose you to liability under 17 U.S.C. § 512(f).

17. Marketplace Content Standards & Intellectual Property

All content you upload to the Marketplace must comply with the following standards:

• Original or licensed content only. All images, text, audio, and other materials you upload must be original works you created yourself or materials for which you hold an appropriate license permitting commercial distribution.
• You warrant ownership or rights. By uploading content to the Marketplace, you represent and warrant that you own or have all necessary rights, licenses, consents, and permissions to publish, distribute, and sell the content through our platform.
• No copied content from other platforms. Do not upload content that was copied or derived from content sold or distributed on other platforms, including but not limited to Boom Cards, Teachers Pay Teachers (TPT), Articulation Station, or similar services. Reproducing such content without authorization from the original creator is a violation of these Terms and may constitute copyright infringement.
• No unauthorized third-party intellectual property. Do not upload content that incorporates trademarked characters, brand logos, licensed images, or other third-party intellectual property without express written authorization from the rights holder.

We may remove any content from the Marketplace at our discretion if we believe, in good faith, that it infringes third-party intellectual property rights or violates these content standards — including in response to a complaint or DMCA takedown notice.

Indemnification: You agree to indemnify, defend, and hold harmless SpeechTherapyMagic and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with content you upload to the Marketplace, including any claim that your content infringes the intellectual property rights of a third party.

18. Dispute Resolution & Arbitration

Step 1 — Good Faith Negotiation: Before initiating any formal proceeding, the parties agree to attempt to resolve disputes through good-faith negotiation for at least 30 days after written notice of the dispute.

Step 2 — Binding Arbitration: If negotiation fails, disputes (except those listed below) will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will be conducted in English. The arbitrator's decision is final and binding. The losing party pays arbitration costs unless the arbitrator determines otherwise.

Individual Claims Only (Class Action Waiver): All disputes must be brought in the parties' individual capacities. You waive any right to participate in a class action, class arbitration, or representative proceeding.

Exceptions (Court-Eligible Claims): Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm (e.g., IP infringement, data breach). Small claims court actions within applicable limits are also exempt from arbitration.

Opt-Out: Users may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing us at hello@speechtherapymagic.com or contacting us via the contact form. Opting out does not affect other Terms.

Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

19. Termination

You may cancel your account at any time from your account settings. We may suspend or terminate your account if you violate these Terms or engage in conduct that we reasonably believe is harmful to other users or to SpeechTherapyMagic.

Notice before termination: Except for serious violations (illegal activity, safety threats, or DMCA infringement), we will provide at least 10 days' notice and an opportunity to resolve the issue before terminating an account.

User-generated content: Upon termination, any user-generated content (such as custom decks) will remain available for download for 30 days. After that period, it may be permanently deleted.

Refund on termination by us: If we terminate your account without cause, any active subscription fees will be prorated and refunded for the unused portion of the current billing period.

Upon termination, your right to use the Service will cease immediately. You may export your data before termination, and we will retain your data for 90 days after account closure.

20. Limitation of Liability

To the maximum extent permitted by law, SpeechTherapyMagic shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service. Our total liability for any claims arising from these Terms shall not exceed the amount you paid to us in the 12 months preceding the claim. The Service is provided “as is” without warranties of any kind, either express or implied.

21. Changes to These Terms

We may modify these Terms from time to time. We will provide notice of material changes by posting the updated Terms on this page and updating the “Last updated” date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.