Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the services offered by Voice Legacy Solutions ("VLS," "we," "us," or "our"), including Voice Banking and related support services (collectively, the "Services"). By scheduling a session, signing an intake form, submitting payment, or otherwise engaging VLS, you ("Client," "you") agree to be bound by these Terms. If you are engaging with VLS on behalf of another person — for example, a spouse, parent, or adult child — you represent that you have the legal authority to do so and that you agree to these Terms on that person's behalf as well as your own.

If you do not agree to these Terms, please do not use the Services.

2. Description of Services

VLS provides the following service:

Voice Banking — fully guided, in-person voice banking sessions for individuals experiencing or at risk of speech loss, most commonly due to ALS. VLS is a service provider, not a voice banking technology vendor: the client selects the voice banking platform they wish to use (for example, ModelTalker, VocaliD, Acapela, ElevenLabs, or another vendor) and enters into a separate agreement directly with that vendor for the platform itself. VLS's role is to guide the client through that vendor's recording and setup process — bringing equipment to the client's home or care facility, running the recording sessions, providing scripted prompts, managing file preparation, and supporting implementation with augmentative and alternative communication (AAC) and eye-gaze devices.

VLS reserves the right to modify, add to, or discontinue any Service, or any feature of a Service, at any time.

3. Not a Medical or Clinical Provider

VLS is a support and facilitation service. VLS is not a hospital, clinic, home health agency, or medical provider, and no VLS team member is acting in the capacity of a physician, nurse, or licensed speech-language pathologist (SLP) during a session unless separately identified as such. Voice banking and message banking sessions do not constitute medical treatment, diagnosis, or clinical therapy, and do not replace the guidance of the client's treating physician or SLP.

VLS does not guarantee that a recorded voice bank will be successfully integrated with any particular AAC device, software platform (including but not limited to ModelTalker, VocaliD, Acapela, or ElevenLabs), or eye-gaze system, as compatibility and outcomes depend in part on the client's chosen vendor's platform, the client's evolving condition, and other factors outside VLS's control.

4. Eligibility and Client Responsibilities

By engaging VLS, you represent that:

• You are at least 18 years of age, or you are the parent, legal guardian, or authorized representative of the individual receiving Services;
• Any information you provide to VLS — including health information relevant to scheduling and session planning — is accurate to the best of your knowledge;
• You will provide a reasonably safe environment for VLS staff or contractors to conduct in-home sessions; and
• You understand voice banking sessions can be physically and emotionally demanding, particularly for clients managing a progressive illness, and you will communicate any needed accommodations in advance.

5. Scheduling, In-Home Sessions, and Rescheduling

VLS understands that clients facing ALS and similar conditions may experience rapid or unpredictable changes in health, energy, and speech ability. We will make reasonable efforts to accommodate rescheduling requests, including on short notice, and to prioritize sessions for clients whose condition is progressing quickly.

VLS will confirm appointment windows in advance. If VLS staff or a contractor arrives for a scheduled in-home session and is unable to complete it due to the client's condition that day, VLS will work with you to reschedule at no additional charge, consistent with the cancellation policy in Section 6.

6. Fees, Payment, and Cancellation

Pricing for each Service is provided to the client in writing (via quote, invoice, or order form) prior to the start of Services and is incorporated into these Terms by reference. VLS requires a deposit of 50% of the total cost at booking to reserve the appointment; the remaining 50% is due upon the client's receipt of the recorded voice files. Accepted payment methods will be specified at booking.

Cancellation by Client. Sessions may be cancelled or rescheduled at no charge with at least 24 hours' notice before the scheduled appointment time. Cancellations made with less than 24 hours' notice, and missed sessions without notice, are handled under the Refunds policy below. Given the nature of our client population, VLS will always consider health-related cancellations on a case-by-case basis and will not penalize a client for a cancellation caused by a medical emergency or significant decline in condition.

Refunds. VLS's refund policy is as follows:

• Sessions not yet delivered: If a session is cancelled with the notice described above, any amount already paid for that session is refunded in full. Cancellations made without the required notice, or missed sessions without notice, are non-refundable, except as provided below for health-related circumstances.
• Health-related circumstances: Given the progressive nature of ALS and similar conditions, VLS will refund, in full, any fees already paid for sessions not yet delivered if a client becomes unable to continue due to a significant decline in health, hospitalization, or death — regardless of the standard cancellation notice period. VLS asks only that a family member or caregiver notify us as soon as reasonably possible.
• Completed sessions: Once a session has been conducted and the resulting recordings or files have been delivered to the client (or transmitted to the client's chosen voice banking vendor), that session is non-refundable, as the service has been rendered. If a technical problem with VLS's own recording or file preparation makes the output unusable, VLS will re-record the affected material at no additional charge or issue a refund for that session, at the client's choice.
• Session packages: For multi-session packages purchased in advance, refunds for sessions not yet delivered are calculated on a prorated, per-session basis as of the date of cancellation or the health-related event described above.
• Deposits: The 50% deposit collected at booking secures the appointment and is applied toward the total cost of the session. It is refundable under the same terms as other fees paid, as described above.
• Processing: Approved refunds are issued to the original payment method within 10 business days of approval.

This refund policy applies only to fees paid to VLS for its facilitation and session services. It does not apply to any separate fees, subscriptions, or charges billed directly by a client's chosen voice banking vendor (for example, ModelTalker, VocaliD, Acapela, or ElevenLabs), which are governed by that vendor's own refund policy.

7. Ownership of Recordings and Content

The client (or, where applicable, the client's estate or authorized representative) owns the voice recordings, stories, and other personal content created during a VLS session ("Client Content"). VLS does not claim ownership of Client Content.

VLS may retain copies of Client Content as reasonably necessary to provide the Services (for example, to complete file processing or to assist with re-delivery of files), and will handle those copies in accordance with Section 8 (Data Privacy) below. VLS will delete or return Client Content upon written request, except where retention is required by law or necessary to resolve a dispute.

VLS may request separate, specific written consent to use short excerpts of Client Content (such as a testimonial clip) in marketing materials. Consent for marketing use is always optional, separate from the core Services, and may be withdrawn at any time.

8. Data Privacy, Security, and Confidentiality

VLS collects personal and, in some cases, health-related information (such as diagnosis, disease stage, or care team contacts) solely to schedule and deliver the Services. VLS is not a "covered entity" under HIPAA, but we treat client health information with the same level of care and confidentiality that HIPAA requires of covered healthcare providers.

• VLS will not sell client personal information.
• VLS will not share Client Content or health information with third parties except: (a) with the client's consent (for example, transmitting a completed voice bank to the client's chosen AAC/device platform); (b) with VLS's own contractors bound by confidentiality obligations and strictly as needed to deliver the Services; or (c) where required by law.
• Recordings and files are stored using reasonable administrative, technical, and physical safeguards appropriate to a small business handling sensitive personal data.

A separate Privacy Policy, published on the VLS website, provides additional detail and will control in the event of any conflict with this section on privacy-specific matters.

9. Independent Contractors and Third-Party Vendors

Some Services may be delivered in whole or in part by independent contractors engaged by VLS (for example, website/technical support or digital marketing support). These contractors act on VLS's behalf for the limited purposes described to the client and are not employees of VLS.

VLS Services involve, or facilitate the client's use of, third-party voice banking platforms such as ModelTalker, VocaliD, Acapela, or ElevenLabs. These platforms are owned and operated by independent vendors selected by the client, are governed by that vendor's own separate terms, pricing, and privacy policies, and are not controlled by VLS. The client's agreement for the voice banking platform itself is made directly between the client and that vendor; VLS is not a party to, and assumes no obligations or liability under, that agreement. VLS is not responsible for the availability, performance, pricing, or policies of any third-party vendor or platform.

10. VLS Intellectual Property

The VLS name, logo, brand elements, website content, session scripts, and other original materials created by VLS (excluding Client Content) are the property of Voice Legacy Solutions and may not be copied, distributed, or used commercially without prior written consent.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, VLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VLS DOES NOT WARRANT THAT A VOICE BANK WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE OR SOFTWARE, OR THAT RECORDED FILES WILL BE FREE OF TECHNICAL ERROR.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, VLS'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO VLS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. VLS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR EMOTIONAL DISTRESS, TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to indemnify and hold VLS, its owner, and its contractors harmless from any third-party claims, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms or your misuse of the Services, except to the extent caused by VLS's own negligence or misconduct.

14. Force Majeure

VLS is not liable for delays or failures in performance resulting from causes beyond its reasonable control, including illness, severe weather, natural disaster, or other events of force majeure.

15. Termination

Either party may terminate an engagement for Services at any time by written notice. Fees for Services already rendered remain due. Sections relating to ownership of Client Content, data privacy, disclaimers, limitation of liability, and indemnification survive termination.

16. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, and apply to clients located anywhere in the United States.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring an individual claim in small claims court. Arbitration will proceed on an individual basis only; class, collective, and representative actions are not permitted, and neither party may serve as a class representative or member in any proceeding against the other. Arbitration will be conducted remotely by video or telephone conference whenever practicable, so that clients located anywhere in the United States can participate without travel; if an in-person hearing is necessary, it will be held in Pennsylvania unless the parties agree otherwise. This arbitration agreement applies regardless of the state in which the client resides.

17. Changes to These Terms

VLS may update these Terms from time to time. The current version will always be posted on the VLS website with its effective date. Material changes affecting an active engagement will be communicated directly to the client.

18. Contact Us

Questions about these Terms can be directed to Voice Legacy Solutions at hello@voicelegacysolutions.com or by phone at (717) 847-5197.