Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Hootcare Inc ("we", "us"), the operator of the Hootcare platform (the "Service"). By accessing or using the Service, you agree to these Terms. The HootCare Disclaimer, which every account accepts at sign-up, is part of these Terms. If you are agreeing on behalf of a clinical practice or organization, you represent that you are authorized to bind it.

1. The Service

Hootcare is software for speech-language pathology practices and the families they serve — between-session practice activities for kids assigned by their SLP, a kid-facing AI companion ("Hoot"), progress updates and messaging for parents, and clinician tools for intake, scheduling, session notes, and caseload management — on the web and in our mobile app. We may update, add, or remove features over time.

2. Who may use the Service

The Service is intended for licensed speech-language pathologists and their practices, the parents/guardians those practices invite, and the children those families enroll. Providers supply professional credentials at sign-up (e.g., an NPI, state license, or ASHA number), which we may check against public registries such as NPPES. Such checks are administrative only — they are not an endorsement or a guarantee of any provider, and each provider remains solely responsible for their own licensure and professional conduct. Parents and guardians join through an invitation from their provider. You are responsible for activity under your account and for keeping your credentials secure.

3. Not medical advice

Hootcare is a practice aid, not speech-language therapy, a medical device, a diagnostic instrument, or a substitute for the professional judgment of a qualified clinician. Clinicians remain solely responsible for clinical decisions, and AI-generated content (e.g., practice activities, draft notes, summaries, transcripts) must be reviewed and approved by a clinician before clinical use. The HootCare Disclaimer expands on this section and is incorporated into these Terms.

4. Customer responsibilities

If you are a practice, you are responsible for obtaining all necessary consents and authorizations from patients and their parents/guardians (including any consent required to capture voice samples or to process children's data), for the accuracy of information you enter, and for using the Service in compliance with applicable law. Where you provide us Protected Health Information, the parties' Business Associate Agreement governs that PHI and controls over any conflicting term of these Terms.

5. Acceptable use

You agree not to misuse the Service: no unlawful, infringing, or harmful activity; no attempting to access data you are not authorized to access; no reverse engineering, scraping, or interfering with the Service's security or integrity; and no uploading of malware.

6. Intellectual property

Hootcare Inc and its licensors own the Service and all related intellectual property. You retain ownership of the data you submit ("Customer Data"); you grant us a limited license to process Customer Data solely to provide and support the Service (and as permitted by the BAA).

7. Fees

Practice subscriptions are auto-renewing subscriptions purchased in the HootCare iOS app and billed by Apple to the practice's Apple account, at the tier (caseload size) chosen in the app. Each subscription renews automatically at the end of its monthly period unless canceled at least 24 hours before the period ends; you can manage or cancel any time in your App Store subscription settings, and a new-subscriber introductory offer (such as a free first month) converts to the paid price when it ends. Payment, renewal, and refunds are handled by Apple under Apple's media-services terms; refund requests go to Apple. We may offer free trials of the Service itself; when a trial ends, continued use requires a subscription. We may change pricing prospectively — changes to an existing subscription's price follow Apple's consent and notice process. Families are never charged: family members join by a practice's invitation and use the Service at no cost.

8. Apple App Store terms

The HootCare iOS app is distributed through Apple's App Store, and this section applies to your use of it. These Terms are an agreement between you and Hootcare Inc only — not with Apple Inc. ("Apple") — and Apple is not responsible for the app or its content. We grant you a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions. Hootcare Inc, not Apple, is solely responsible for the app: for its maintenance and support (Apple has no obligation to furnish any); for any product warranties, express or implied by law, to the extent not disclaimed under these Terms; for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar legislation; and for the investigation, defense, settlement, and discharge of any claim that the app infringes a third party's intellectual property rights.

If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price you paid for the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties. You must comply with any applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS app and may enforce them against you. Questions, complaints, or claims: Hootcare Inc, 2306 Castro Street, San Francisco, CA 94131 — support@hootcare.io.

9. Third-party services

The Service relies on third-party providers (e.g., cloud hosting and AI, authentication, email and push notifications, and payments). Your use of the Service may be subject to those providers' terms, and we are not responsible for third-party services outside our control.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free.

11. Limitation of liability

To the maximum extent permitted by law, Hootcare Inc will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability arising out of or relating to the Service is limited to the amounts you paid us for the Service in the twelve months before the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold Hootcare Inc harmless from claims arising out of your misuse of the Service, your violation of these Terms or applicable law, or your failure to obtain required patient/parent consents.

13. Term & termination

Either party may terminate as described in the applicable order or for material breach. On termination, your right to use the Service ends; we will return or delete Customer Data as provided in the BAA / DPA and applicable law.

14. Governing law

These Terms are governed by the laws of the State of Delaware and applicable U.S. federal law, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

15. Business Associate Agreement

For any Protected Health Information processed through the Service, the Business Associate Agreement between the practice and Hootcare Inc is incorporated by reference and controls in the event of any conflict with these Terms.

16. Changes

We may update these Terms; material changes will be reflected by updating the "Last updated" date and, where appropriate, by notice. Continued use after changes take effect constitutes acceptance.

17. Contact

Hootcare Inc — support@hootcare.io.