Terms of Service
Last Updated — October 2026
Welcome to VidaTalk™, an augmentative and alternative communication (AAC) application provided by Vidatak, LLC (“Vidatak,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and individual use of the VidaTalk mobile application, software, and related services (collectively, the “Application”). By downloading, installing, accessing, or using the Application, you agree to be bound by these Terms. If you do not agree to these Terms, do not install or use the Application.
1. Nature of the Service and Clinical Disclaimer
Communication Support Tool: VidaTalk is designed to facilitate expressional communication between individuals with speech or language impairments and their caregivers, healthcare providers, and family members.
Not a Medical Device or Emergency Service: VidaTalk is a communication aid, not a life-support system, emergency notification service, or medical diagnostic tool. Do not rely on the Application for emergency situations or urgent life-safety needs. In an emergency, always use standard hospital call systems or dial your local emergency services (e.g., 911).
No Medical Advice: Vidatak does not provide medical diagnoses, treatment decisions, or clinical judgment. Any clinical determinations remain solely the responsibility of licensed healthcare providers.
2. Limited License and Permitted Use
Subject to your compliance with these Terms, Vidatak grants you a limited, non-exclusive, non-transferable, revocable license to use the Application on a personal internet-abled device solely for your personal communication needs or the direct care of an individual patient/family member.
You agree not to:
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application.
Rent, lease, lend, sell, sublicense, distribute, or commercially exploit the Application.
Remove, alter, or obscure any copyright, trademark, or proprietary notices affixed to or contained within the Application.
Use the Application in any manner that interferes with, disrupts, or compromises the security or integrity of the software.
3. Application Content and User-Generated Material
Proprietary Content: All icons, text, graphical interfaces, speech-generation engines, layouts, designs, trademarks, and documentation within the Application ("Application Content") are the exclusive intellectual property of Vidatak, LLC or its licensors. You obtain no ownership rights in any Application Content.
User Input & Custom Content: You retain ownership of any text, notes, finger drawings, or customized entries you create within the Application ("User Content").
Content Guardrails: You agree that you will not input, store, or transmit through the Application any content that:
Infringes or violates any third party’s intellectual property, privacy, or publicity rights.
Is unlawful, defamatory, harassing, threatening, harmful, or abusive.
Contains software viruses, malware, or any code designed to disrupt or limit system functionality.
Violates applicable patient privacy laws or discloses sensitive medical information without proper authorization.
Vidatak reserves the right (though assumes no obligation) to restrict or disable features if user content or usage violates these guardrails or disrupts platform stability.
4. Privacy and Data Handling
Your use of the Application is subject to Vidatak’s Privacy Policy, which can be found on our website.
5. Disclaimer of Warranties
THE APPLICATION AND APPLICATION CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VIDATAK, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VIDATAK DOES NOT WARRANT THAT THE APPLICATION WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR COMPATIBLE WITH EVERY HARDWARE PLATFORM OR OPERATING SYSTEM VERSION.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIDATAK, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, DEVICE DAMAGE, OR DELAY IN MEDICAL CARE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIDATAK’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU (IF ANY) FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $50.00 USD, WHICHEVER IS GREATER.
7. Idemnification
You agree to defend, indemnify, and hold harmless Vidatak, LLC, its officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or legal fees (including reasonable attorneys' fees) arising out of or relating to:
Your use or misuse of the Application or Application Content;
Any User Content you enter, transmit, or record through the Application;
Your breach of these Terms or violation of any applicable law, rule, or third-party right; or
Any reliance on the Application in place of professional medical judgment or formal clinical monitoring.
Vidatak reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Vidatak in asserting any available defenses.
8. Termination
Vidatak may suspend or terminate your right to use the Application at any time without notice if you fail to comply with any provision of these Terms. Upon termination, you must cease all use of the Application and delete all copies from your device. Sections 1, 3, 5, 6, 7, and 9 shall survive termination.
9. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts having jurisdiction over the relevant venue, and you consent to personal jurisdiction therein.
10. Contact Information
If you have any questions, feedback, or concerns regarding these Terms or the Application, please contact Vidatak at:
Vidatak, LLC
Website: vidatak.com
Support Email: support[at]vidatak.com
