Terms of Service

Last updated: April 2026

These Terms of Service ("Terms") govern your access to and use of the SpeakUp application ("App") and related services provided by ActuAlive, operated by Nathan Hart ("we," "us," or "our"). By accessing or using SpeakUp, you agree to be bound by these Terms.

1. Not a Medical Device

SpeakUp is an educational and therapeutic support tool. It is not a medical device, and it is not intended to diagnose, treat, cure, or prevent any disease or medical condition. SpeakUp does not provide medical advice. The content and activities within the App are designed for educational purposes and to supplement, not replace, professional speech-language therapy.

Always consult with a qualified speech-language pathologist (SLP) or healthcare provider for diagnosis and treatment of speech and language disorders. Do not delay seeking professional medical advice because of information or features provided in SpeakUp.

2. Supplemental Therapy Tool

SpeakUp is designed to complement professional speech therapy by providing structured practice activities between sessions. Results may vary. We make no guarantees regarding specific speech or language outcomes from use of the App. Progress depends on many factors including the child's individual needs, consistency of use, and the guidance of qualified professionals.

3. Account and Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. The App is intended for use by children ages 2-8 under parental or guardian supervision. You are responsible for all activity under your account and for supervising your child's use of the App.

4. Subscription and Payments

SpeakUp offers both free and premium subscription tiers. Premium subscriptions are billed through the Apple App Store and are subject to Apple's subscription terms. Subscription details, pricing, and features will be clearly communicated within the App at launch. You may cancel your subscription at any time through your Apple ID settings.

5. Intellectual Property

All content within SpeakUp — including but not limited to text, graphics, illustrations, audio, AI models, software, activity designs, and the SpeakUp name and logo — is the exclusive property of ActuAlive and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any part of the App without our express written permission.

6. User Content

Any data generated through your use of the App (progress data, session records, etc.) remains your property. By using the App, you grant us a limited license to process this data on-device to provide and improve the service. If you choose to share progress reports with your therapy team, you do so at your own discretion.

7. Acceptable Use

You agree not to:

8. Limitation of Liability

To the maximum extent permitted by applicable law, ActuAlive and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the App.

Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9. Disclaimer of Warranties

The App is provided "as is" and "as available" 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 App will be uninterrupted, error-free, or free of harmful components.

10. Indemnification

You agree to indemnify and hold harmless ActuAlive from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the App or violation of these Terms.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the App. Your continued use of the App after such notification constitutes acceptance of the modified Terms.

12. Termination

We may suspend or terminate your access to the App at any time for violation of these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the App ceases immediately.

13. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws provisions. Any disputes arising under these Terms shall be resolved in the courts of Texas.

14. Contact

For questions about these Terms, please contact us:

ActuAlive
Nathan Hart
Email: [email protected]