These are the Terms of Service (the "Terms") for using any and all of the ‘Micalo’ and ‘Estello’ applications (collectively referred to as “AssistiveWare Learning Service” or “Learning Service”), as offered by AssistiveWare B.V., having its office at the Laurierstraat 193 (1016 PL) in Amsterdam, the Netherlands, and registered with the Dutch Chamber of Commerce under number 34323889 in these Terms hereafter referred to as “Provider”.

By accessing or using AssistiveWare Learning Service, you accept the applicability of these Terms, which will also need to be actively accepted through ‘opt-in’ when accessing the Applications for the first time. These Terms can also be viewed and downloaded from our website at https://assistiveware.com/learning-service-terms; or will be sent to you upon request.

  1. DEFINITIONS
    1. In these Terms, words written with capitals and not defined elsewhere will have the following meaning:
      1. App Store: means Apple’s store for iOS and iPadOS apps, and Apple’s store for macOS applications.
      2. Business Day: means any weekday (Monday to Friday), other than a bank holiday or public holiday in the Netherlands;
      3. Business Hours: means the hours of 09:00 to 17:00 CET on a Business Day;
      4. Classroom: means a class of children or students that is taught collectively.
      5. Educator: means any person, with or without their own Classroom, that uses AssistiveWare Learning Service as part of their teaching.
      6. Force Majeure: means an event, or a series of related events, that is outside the reasonable control of Provider, including but not limited to: i) war, disasters, explosions, fires, floods, riots and terrorist attacks; ii) governmental measures or boycotts; iii) failures of the Internet or any public telecommunications network, failures of cloud providers (e.g. AWS), electricity failures; iv) hacker attacks, denial of service attacks, virus or other malicious software attacks or infections: v) failures of third party service providers; vi) strike actions; vii) pandemics.
      7. GDPR: means the General Data Protection Regulation (Regulation (EU) 2016/679).
      8. Intellectual Property: means any and all intellectual property rights, whether registered or unregistered, such as but not limited to patent rights, copyrights (including rights in source code and object code), database rights, rights in designs, utility models, trademarks, trade and business names and all associated goodwill, rights in or in connection with know-how and trade secrets.
      9. AssistiveWare Learning Service: means the ‘Micalo’ and the ‘Estello’ applications as developed and offered by Provider under these Terms and subject to an active Plan.
      10. License: means the right to use AssistiveWare Learning Service for a fixed term.
      11. Plan: means either a Subscription or a License.
      12. Subscription: means right to use AssistiveWare Learning Service for a limited period to be renewed automatically, unless terminated, as offered through App Store.
      13. Support: means support in relation to the use of AssistiveWare Learning Service, and the identification and resolution of errors in AssistiveWare Learning Service.
      14. User: means the person that subscribed to or purchased a license to use AssistiveWare Learning Service or the person(s) that act on behalf of an organization that subscribed to or purchased a license to use AssistiveWare Learning Service
      15. Update: means a new version release of AssistiveWare Learning Service.
    2. Unless the context shows otherwise, the defined concepts in the singular include also the plural and vice versa.
    3. Any reference to the words ‘written’ or ‘in writing’ will mean to include emails.
  2. GENERAL
    1. These Terms apply to the provision, use and availability of AssistiveWare Learning Service. By accessing AssistiveWare Learning Service the User agrees with and accepts the applicability of these Terms. These Terms constitute the entire agreement between the Provider and the Users with regard to the use of and access to AssistiveWare Learning Service.
    2. Additions to or deviations from these Terms shall only apply if and were agreed in writing with Provider.
    3. If any provision of these Terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of these Terms will not be impaired thereby. In such event, Provider will replace the invalid provision with a provision that is valid and enforceable thereby taking into account the intention of the original provision.
    4. Provider is entitled to unilaterally amend the Terms at any time. The updated Terms will be communicated through a service email. In the event the User does not wish to accept the amended version of the Terms, the user should refrain from further using AssistiveWare Learning Service.
    5. These Terms have also been drawn up for the benefit of: (a) all companies which Provider is affiliated with in a group, has or has had a management or cooperation agreement with including their directors and shareholders; (b) all directors, (former) employees and third parties (as well as their heirs) who work/have worked in any way for or were affiliated with or employed by Provider; and (c) all third parties Provider may engage in connection with the provision of AssistiveWare Learning Service. The Terms apply as a third-party clause as referred to in Book 6, Section 253 of the Dutch Civil Code for the benefit of all persons and legal entities referred to in this clause. As a result they are entitled to invoke the respective provisions in these Terms as the occasion arises.
  3. PLAN, FEES AND TERMINATION
    1. In order to access and use AssistiveWare Learning Service, there has to be an active Plan in place.
    2. An active Subscription to AssistiveWare Learning Service grants the right to use AssistiveWare Learning Service to the owner of the subscription.
      1. The owner of a subscription may install the apps in the service on all devices connected to the Apple Account on which the subscription is active
    3. An active AssistiveWare Learning Service Educator license grants the right to use AssistiveWare Learning Service to one the owner of the license.
      1. The owner of a Learning Service Educator license may use AssistiveWare Learning Service on all devices they own or are assigned, and on all devices available in their Classroom
    4. An active AssistiveWare Learning Service School license grants the right to use AssistiveWare Learning Service to one and only one Educator for each educator seat in that license.
      1. Each Educator may use AssistiveWare Learning Service on one and only one device they personally use, and on all other devices available in their Classroom
    5. An active AssistiveWare AAC Professional license grants the right to use AssistiveWare Learning Service to the owner of the license.
      1. The owner of an AssistiveWare AAC Professional license may use AssistiveWare Learning Service on all devices they own or are assigned.
    6. The applicable fees in connection with the Plan are generally to be paid in advance and are non-refundable, unless indicated or agreed otherwise.
    7. Subscription fees are payable through the App Store, License fees are payable directly, or via invoice and become due on the date specified therein. In the event of late payment or non-payment of Plan fees, Provider retains the right to immediately (temporarily) suspend or terminate the Plan and access to the Account and AssistiveWare Learning Service until all outstanding fees have been fully paid.
    8. A Subscription may include a free trial period. After this free trial period, the Subscription will become a paid subscription and renew automatically after the indicated period, unless terminated in accordance with the mechanism set out by the App Store.
    9. A Learning Service Educator license can be purchased for a specific fixed term. This time period starts upon first usage of any of the applications in AssistiveWare Learning Service. The License terminates after expiration of the specified time, unless timely renewed. The expiration of a License, access to AssistiveWare Learning Service will be revoked. The access and use of AssistiveWare Learning Service will be suspended and may be restored during a ‘term de grace’ period if the License is being renewed.
    10. An AssistiveWare Learning Service School license can be purchased for a specific fixed term. This time period starts upon purchase. The License terminates after expiration of the specified time, unless timely renewed. At expiration of a License access to AssistiveWare Learning Service will be revoked. The access to and use of AssistiveWare AssistiveWare Learning Service will be suspended and may be restored during a ‘term de grace’ period if the License is being renewed.
    11. Provider reserves the right to change applicable Plan fees at any time. The Plan fee as lastly applied will stay in effect for the duration of the relevant period in accordance with the Plan, and updated fees will apply to Plan renewals or new Plans for AssistiveWare Learning Service. Where reasonably possible, Provider will provide prior notice of any upcoming changes in fees.
  4. APPLICATION AVAILABILITY AND USE RESTRICTIONS
    1. Subject to each User’s compliance with the Plan and these Terms, Provider grants each User with a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use AssistiveWare Learning Service.
    2. Although Provider undertakes to provide and maintain AssistiveWare Learning Service with the most reasonable care, the availability of AssistiveWare Learning Service cannot be guaranteed at all times. AssistiveWare Learning Service is provided ‘as is’ and ‘as available’. Provider does not guarantee that AssistiveWare Learning Service shall at all times function without error or interruption, nor that it will be wholly free from defects, errors and bugs. The Users agree to indemnify and hold Provider harmless from and against any claim, demand, damages or costs (including attorneys’ fees) that arise or may arise out of the non-availability or malfunction of AssistiveWare Learning Service.
    3. AssistiveWare Learning Service is available for use by the Users for the period of the Subscription, or the period specified in the License. Upon the termination or expiration of the active Plan, regardless of the reason thereof, the right of the Users to use AssistiveWare Learning Service immediately ceases.
    4. Provider offers Support to Users either via AssistiveWare Learning Service, its website, or via email.
    5. The Users agree not to (and not to attempt to), either directly or indirectly:
      1. copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit AssistiveWare Learning Service or any portion of AssistiveWare Learning Service;
      2. conduct any systematic or automated data scraping, data mining, robots, spiders, or other systematic or automated data gathering and extraction tools by means of or in relation to AssistiveWare Learning Service;
      3. infringe upon or violate Provider’s Intellectual Property or the Intellectual Property of third parties;
      4. remove or alter any copyright notices or other proprietary notices on or in AssistiveWare Learning Service;
      5. engage in any activity that causes, or may cause, damage to AssistiveWare Learning Service or impairment of the availability or accessibility of AssistiveWare Learning Service;
      6. interfere with or circumvent the security features of AssistiveWare Learning Service (or part thereof).
    6. Provider may suspend access to the Account and Learning Service by the Users without prior notice if Provider reasonably believes that a User is acting in violation of the Terms. Provider cannot be held liable for damage or refund claims of the User as a result of any such suspension or termination.
    7. Provider also reserves the right to modify, discontinue or terminate, temporarily or permanently, AssistiveWare Learning Service or any part thereof, for any reason and at any time. Provider cannot be held liable for damages or loss of one or more Users or any third party as a consequence of any such modification, discontinuance or termination.
  5. INTELLECTUAL PROPERTY RIGHTS
    1. All Intellectual Property Rights in and related to AssistiveWare Learning Service shall exclusively vest in Provider or its licensors. The Users only acquire those rights of use that are explicitly granted under and in accordance with these Terms.
    2. Provider reserves any and all Intellectual Property Rights in and related to AssistiveWare Learning Service or otherwise.
  6. PRIVACY
    1. Provider collects and processes personal data when a User accesses and uses AssistiveWare Learning Service and/or submits requests for Support. Provider process such personal data in accordance with the terms set out in the applicable Privacy Statement, as available on https://assistiveware.com/learning-service-privacy.
  7. LIMITATION OF LIABILITIES
    1. The total aggregate liability of Provider due to an attributable failure or due to any other legal reason whatsoever, shall at all times be limited to the applicable Plan fee received by Provider from the claiming User during the twelve (12) months prior to the event that caused the damage.
    2. Provider’s liability for indirect losses or damage, consequential loss or damage, or the damage, destruction or loss of User Data, in connection with the use or (temporary) unavailability of AssistiveWare Learning Service, is expressly excluded.
    3. Provider shall furthermore never be liable for any damages and costs incurred by the User or any third party which are the result of Force Majeure.
    4. Except where performance by Provider is permanently impossible, Provider will only be in default for an attributable failure after it has been given written notice of the default thereby granting Provider with a reasonable term of at least thirty (30) days to remedy the default. The notice of default must contain a comprehensive and detailed description of the breach, in order to ensure that the Provider has the opportunity to respond adequately.
    5. The Users shall indemnify and hold harmless Provider from and against any and all claims, damages, losses or costs (including legal /attorney costs) of the Users or third parties arising from or in any way related to:
    6. a violation of these Terms by (one of) the Users;
    7. improper use of AssistiveWare Learning Service;
    8. a violation of any laws, regulations or third party rights by (one of) the Users.
  8. APPLICABLE LAW
    1. These Terms have been construed and shall be exclusively governed by the laws of The Netherlands.
    2. To the extent legally permitted, any disputes between Provider and the Users regarding these Terms, the Plan or otherwise, may be brought before the Dutch court of Amsterdam. 

Version 1.0 – October 2025