Meet the DynaVox® T10!

The biggest thing about the DynaVox® T10...

DynaVox T10

It's so small

Just 1.9 lbs with an average thickness less than 3/4 of an inch, it's the smallest and most portable communication tablet of its kind. Carry it in your backpack, use the shoulder strap or handle, or mount it. It's easy to take with you wherever you go. The industry's first dedicated Speech-Generating Tablet.

So much power in such a slim package

Your DynaVox T10 includes the world's most robust, researched-based communication software available today. DynaVox Compass goes a step beyond with intuitive supports, on-device video tutorials, and even an industry-first complementary companion app!
DynaVox Compass Software
DynaVox T10

Expertly engineered to accommodate your needs

Your DynaVox T10 features a crystal-clear, high-definition display, ultra-sensitive touch screen, award-winning voice technology, and embedded speakers; all purpose-built with consideration of your particular needs.

Connected to myDynaVox.com

myDynaVox is a seamless way to back up, update, and personalize your DynaVox Compass solution. It's a great way for your entire communication team — therapists, educators, caregivers and loved ones — to connect to you, share communication pages and personalize settings.
myDynaVox.com

It's augmentative communication without compromise

Sales Consultants

Find your local sales consultant today!

Your consultant will provide device demonstrations
and help you through the funding process.

Designed for you:
powerful communication in a compact tablet

The DynaVox T10 combines the style of today's tablet with functions and features
essential for individuals with complex communication needs.

DynaVox T10

Technical Specs

Size & Weight

Width:
Height:
Thickness:
Weight:

 

10.15" (25.8 cm)
7.68" (19.5 cm)
0.83" (2.1 cm) at speakers, 0.63" (1.6 cm) for the rest of the tablet
1 lb. 14 oz. (850 g)

Screen Size

9.7" (24.7 cm)

Screen Type

Capacitive Touch

Processor

NVIDIA Tegra 3 quad core, 32 GB eMMC, 1GB RAM

Operating System

Android 4.0.4

Cameras

Rear-facing: 5 Megapixels
Front-facing: 1.3 Megapixels (720P or higher progressive video recording)
Auto focus and flash

Synthesized Speech

IVONA voices for American English, Male and Female

Language System

DynaVox Compass is based on InterAACt - a communication and language framework developed through extensive research, clinical experience, and customer input. The improved DynaVox Compass vocabulary has been expanded and communication tools have been added to provide even more opportunities for communication for individuals at different ages and ability levels. Includes a WordPower® pageset.

Languages

English only

Access Methods

Touchscreen, keyboard, mouse/trackball, switch scanning with audio feedback, head tracking, keyguards available to support direct access

Ports

Micro USB, micro HDMI, headphone/microphone jack, expansion port for future accessories

Phone Connection

Includes on-device access to text messaging and phone dialer (requires activated Android phone)

Accessories

Wired* or Bluetooth switches, HeadMouse Extreme®, TrackerPro®, SCATIR switch, Keyguards, ConnectIT or Daessy mounts, table stand.
* requires USB adapter

Carrying Cases

Transportation Case, Accessible Case

Configuration Options

The DynaVox T10 may be ordered in Dedicated or Standard setups. The Dedicated setup is designed specifically to run communication software only. The user will not have access to other applications. This setup meets the "Speech Generating Device (SGD)" requirements of Medicare, Medicaid, and other insurers who generally follow Medicare's SGD requirements.

The most advanced communication software ever!

DynaVox T10

Built by DynaVox's leading team of clinicians

DynaVox Compass software is a research-based communication solution for individuals who cannot use their natural voice to fully participate in their everyday lives. Regardless of age or ability, DynaVox Compass complements your unique strengths and needs to empower you as you grow, learn, and reach for your goals.

Loaded with tools to communicate

Engage in conversations with fast access to messages through Topic Pages, QuickFires and QuickPhrases, Whiteboard, and Rating Scales. Express even more by personalizing your messages through Keyboards, Word Lists, and Core strategies.
DynaVox T10
DynaVox T10

Choose what's best for you

The communication pages included in the DynaVox Compass have been created and tested to specifically address the needs and strengths of individuals with Autism, Cerebral Palsy, Stroke or Traumatic Brain Injury, Apraxia, Down Syndrome, ALS and other neurological, developmental and communication challenges. From there, you have the freedom to easily customize and make it your voice!

Dedicated to your success

DynaVox Compass software comes with comprehensive video tutorials and intuitive support materials, all easily accessed within your personalized content. Everything you need to begin your journey toward more successful communication is right here.
Your Journey
DynaVox T10

Finally, a solution that truly grows with you

The DynaVox Compass software's flexible and intuitive design lets you begin with simple, effective communication from the start, or jump right to the expert level with all the communication tools at your fingertips. You determine your own pace! Find your starting point using the Setup Wizard and know that you can increase the functionality as your skills and comfort level grow!

Industry-exclusive companion app feature expands the
power of your DynaVox® T10 solution even further

The first ever true communication companion app

Only the DynaVox T10 comes with a companion app that expands your opportunities to communicate like never before! That means your customized communication pages can also be available on your personal iPad, iPad-Mini, or Windows-based tablet. Simply download and connect to your myDynaVox account and seamlessly begin sharing content from your DynaVox T10!

Connect through learning like never before

See the benefits of practicing augmentative communication with your loved one or therapist when you both use the same technology. Learning to communicate accelerates when you and your conversation partner practice together, thanks to the companion feature of the DynaVox Compass App.

Solutions that make your DynaVox® T10
more portable and easier to use

Transporting your DynaVox T10

Accessible Carrying Case

Accessible Carrying Case

The Accessible carrying case offers extra protection for your DynaVox T10. When open, it allows you to position and use the device.

Part #: 502102
Messenger-Style Transportation Case

Messenger-Style Transportation Case

The Messenger-style case offers protection for your DynaVox T10 and storage ability for your power adapter, and other items.

Part #: 501922
Carrying Strap

Carrying Strap

(Included with purchase)
This replacement nylon strap with shoulder pad is designed for carrying your DynaVox T10 across your body or over your shoulder.

Part #: 501932
Handle

Handle

(Included with purchase)
This replacement handle attaches to the back of the device.

Part #: 502076

Using your DynaVox T10

Tabletop Stand

Tabletop Stand

This stand places your DynaVox T10 at a convenient angle for communicating while seated at a desk or table. It is lightweight and collapses when not in use.

Part #: 501930
Keyguard and Holder

Keyguard and Snap-On Keyguard Holder*

Attach a Keyguard to your DynaVox T10 with the Snap-On Keyguard Holder to improve access for individuals with fine motor concerns.

Part #:
502090 (3x3 Master Page grid)
502091 (4x4 Master Page grid)
502092 (5x5 Master Page grid)
502093 (6x6 Master Page grid)
502094 (7x7 Master Page grid)
502096 (9x7, Text-based Pageset)
502097 (WordPower, 20 location)
502098 (WordPower, 46 location)
Replacement Snap-On Keyguard Holder

Replacement Snap-On Keyguard Holder*

The Keyguard Holder attaches to the DynaVox T10 to hold a Keyguard securely in place.

Part #: 250419
Keyguard

Keyguard Only*

Keyguards can help individuals with fine motor concerns access the DynaVox T10.

Part #:
502080 (3x3 Master Page grid)
502081 (4x4 Master Page grid)
502082 (5x5 Master Page grid)
502083 (6x6 Master Page grid)
502084 (7x7 Master Page grid)
502086 (9x7, Text-based Pageset)
502087 (WordPower, 20 location)
502088 (WordPower, 46 location)
ConnectIT Mount Plate

Mount Plate for ConnectIT Mounts*

This Mount Plate attaches to the back of the DynaVox T10 and to a ConnectIT wheelchair, floor, or desk mount.

Part #: 502139
Daessy Mount Plate

Mount Plate for Daessy Mounts*

This Mount Plate attaches to the back of the DynaVox T10 and to a Daessy Wheelchair Mount.

Part #: 502100
Mounting Systems

Mounting Systems

The ConnectIT Mounting System, a full line from DynaVox, connects you with all of the features of your DynaVox communication device. DynaVox offers funding support for ConnectIT Mounting Systems, and the mounts include DynaVox's DynaCare 1-yr service contract. Along with the ConnectIT mount and mount accessories, we also offer Daessy mount options. Please contact your local sales rep for full details.

Micro USB to full-sized USB cable

Micro USB to full-sized USB cable

Easily transfer files to and from your DynaVox T10 and your computer. One cable is included with each DynaVox T10. (Included with purchase)

Part #: 502077
Micro USB to full-sized USB adapter

Micro USB to full-sized USB adapter

This adapter is used to attach full-sized USB accessories to the microUSB port on the DynaVox T10. (Included with purchase)

Part #: 502078

Replacement Power Supply

This power supply is identical to the power supply included with the DynaVox T10. Use it as a replacement for a lost power supply or purchase an extra one to keep in a second location.

Part #: 200699

DynaCare Service Contract

DynaCare Service Contracts help to ensure that unexpected repair bills never strain your budget. Available for purchase year-by-year.

For ordering information: Call 866-396-2869

* Funding may be available for Keyguards and mounting plates. For more information, visit Funding Options.

Funding for your DynaVox® T10 may be available.
Let our team help you find out how!

The majority of the cost of your DynaVox communication tablet could be paid for by Medicare,
state medical assistance programs (Medicaid), or private insurance. Get started now!

5 steps to funding your DynaVox® T10

Step 1: Consult an SLP

Now that you have heard about augmentative communication, it is time to find out which device is best for you. In order to do this, you will need to see a licensed speech-language pathologist and get in touch with your DynaVox representative. A DynaVox representative can provide valuable help to you during this stage of the process.

Step 2: Speak to your physician

Take the DynaVox T10 evaluation report generated by your SLP to your physician. He or she will then sign a prescription and complete any state Medicaid required forms. It is also helpful to ask your physician to write a letter of medical necessity.

Step 3: Complete Funding Packet

Complete the Client Information Form and sign all applicable release forms and mail the packet to DynaVox.

Step 4: Approval!

DynaVox will contact the funding source(s) on your behalf for authorization. In some cases, you may be approved for a 4-week trial. At the end of the 4 weeks, your therapist will write another report at which time DynaVox will seek approval from the funding source(s) for purchase.

Step 5: Shipping!

Your DynaVox T10, featuring DynaVox Compass software, will arrive at your house.

For general questions about funding,

please email funding@dynavoxtech.com

Request a demonstration of the DynaVox T10!

Have a Consultant Contact me

FAQs

Find the answers to the most frequently asked questions about your DynaVox solution.

Learn More ›

Search Funding Documents

Glossary of terms

Access a helpful guide to augmentative communication and DynaVox-specific terminology.

Learn More ›

Privacy Policy

At DynaVox Systems LLC we are committed to protecting your privacy. DynaVox Systems does not sell, trade or rent your personal information to other companies.

The information we collect about you is used only for internal purposes. DynaVox Systems will not collect any personal information about you except when you specifically and knowingly provide such information.

How is the Information Collected from DynaVox Systems Online Used?

  1. Whenever you request information or ask a question via our website, we require you to submit your name, mailing address, telephone number and e-mail address. This provides us with the information we need to send the materials to you or contact you should we have any questions about your request.
  2. If you ask a technical support question, we also ask you to provide a product serial number if at all possible. This allows us to log your request in our database file for that individual DynaVox product. Creating this log allows our technical support staff to develop a profile specific to your device or software and ultimately serve you better.
  3. We may also use the information we collect to notify you via e-mail about important changes at DynaVox Systems or new features of DynaVox Online. If you would prefer to not to receive this information, please inform our webmaster by sending a message to no_e-mail@dynavoxtech.com.

DynaVox Systems welcomes your questions and comments about privacy. Please send e-mail to privacy@dynavoxtech.com.

Terms of Service Agreement for DynaVox Compass subscription

This Terms of Service is an agreement between DynaVox Systems LLC, a Delaware limited liability company with its principal place of business at 2100 Wharton Street, Suite 400, Pittsburgh, PA 15203, ("DynaVox"), and the individual or entity that has subscribed to the Software ("Customer"). By subscribing for access to, and use of, the Software (as defined below) Customer agrees to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not subscribe to, access or use the Software.

  • DEFINITIONS
    • "Confidential Information" means all confidential and business proprietary information of a party hereto (including, with respect to Customer, User Data) disclosed in connection with the provision or receipt, as the case may be, of Services hereunder; provided, however, that the term "Confidential Information" does not include any information that (i) is or becomes a part of the public domain through no act or omission of the receiving party; (ii) was in the receiving party's lawful possession prior to the disclosure and had not been obtained by the receiving party, either directly or indirectly, from the disclosing party; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (iv) is independently developed by the receiving party.
    • "Companion" means use of the Software as an adjunct to a dedicated speech generating device purchased from DynaVox. Terms of use of this Companion are subject to change at the sole discretion of DynaVox.
    • "Data Storage" means space allocated for the electronic storage of Customer and User documents, images, videos, activities, reports and other files (including User Data). Data Storage does not include application code files and data needed for the operation of the Software for the benefit of all Customers and Users.
    • "Documentation" means written materials, videos, or other communications that explain the operation of the Software delivered in printed or electronic format.
    • "HIPAA" means The Health Insurance Portability and Accountability Act of 1996, as amended, and the rules and regulations promulgated thereunder.
    • "Login" is the unique combination of username and password designed to provide access for a single individual to the Software.
    • "Order" means the request to start a Professional Limited Use subscription, a Trial Subscription, start use as a Companion, or purchase of a Subscription issued to DynaVox by Customer pursuant to which DynaVox provides access to Software, and which explicitly states optional components and associated quantities to which Customer is subscribing.
    • "Service Start Date" means the date on which DynaVox delivers to Customer a Login name, and temporary password to access and use the Software.
    • "Software" means (a) the computer software programs owned or licensed by DynaVox in object code form, and (b) communications content, activities, and templates, (c) related explanatory written materials or files ("Documentation"), and (d) symbols, audio files, videos, and other included media, that Customer has subscribed to as set forth in an Order and provided as part of the Subscription.
    • "Standard Rate" means, with respect to any Service, DynaVox's standard rate for such Service (including, if applicable, time and material charges), as set forth in DynaVox's standard fee schedules, as in effect from time to time.
    • "Subscription" means a DynaVox pricing model, as indicated on an Order, which may apply individually with respect to any product or module constituting part of the Software, or to a bundled group of products or modules, pursuant to which Customer is assessed a fixed annual or other periodic fee (which may be waived in the case of a Professional Limited Use license, a Trial Subscription or when used as a companion to a dedicated speech generating device, and which may change from time to time) for each period of use of such product or modules (or functionality contained therein).
    • "Support Services" means those support services provided by DynaVox as set forth at Support Policy available at www.mydynavox.com, as such may change from time to time in the sole and absolute discretion of DynaVox.
    • "Terms of Service" means these terms, including any Exhibit hereto agreed to by Customer or applicable to the Software and Services used by Customer, in all cases, as such may be updated, revised, modified or amended from time to time as permitted herein.
    • "User" means a single person who is granted explicit access to use the Software by the Customer through a login.
    • "User Data" means all information or files related to an individual user.
    • "Use" or "Using" means to log in, access, view, run, install, download or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
  • USE OF SOFTWARE
    • Right to Use Software.
      • Use. During the term of the Agreement, DynaVox grants to Customer a non-exclusive, non-sublicensable, non-assignable, non-transferable right for Users to access and use the Software set forth in an Order. Customer shall be entitled to Use the Software solely for Customer's own purposes. The Software may be Used to create, access, modify or play Communications Content onscreen by Customer or authorized Users only. Communications Content supplied by DynaVox or created with the Software may not be sold without the prior written consent of DynaVox, which consent may be withheld in DynaVox's sole discretion. Any breach by a User of the obligations of Customer hereunder shall be considered a breach by Customer hereunder.
        • DynaVox provides an extended limited use license to qualified Speech-Language Pathologists (SLP) who are ASHA members and who require routine, professional access to the DynaVox Compass application. This software may be used in a therapy setting where the SLP is present, to evaluate individuals for AAC appropriateness, or for research purposes only. This license type explicitly excludes everyday end-user communications use. This license is not available to individuals employed by or associated with DynaVox competitors. Misuse of this license may result in permanent forfeiture of software access.
      • Electronic distribution of Communications Content. Communications Content created with the Software, containing Picture Communication Symbols (PCS), and distributed electronically must be distributed solely in DynaVox Communications file formats designated with a ".bzf" file extension, or distributed within the context of the myDynaVox platform. Electronic distribution of any content or materials using PCS in other formats (e.g., .pdf or PDF, .ppt or PowerPoint, .doc or WORD, or similar software formats used to display and/or transmit text and/or images) is not permitted without the prior written consent of DynaVox.
      • Customer shall not transfer, sell, lease, or lend the Software, or any software or systems used to provide the Software, or any contents, information, tools, and resources therein, to any third party. Customer shall not (i) allow any third party (apart from authorized Users) to access or Use the Software, (ii) access or use, or allow any User to access or use, the Software for third-party training, commercial time-sharing, software hosting, rental or service bureau use, (iii) allow use of Software by more than one User per account, or (iv) permit, or allow any User to permit, any other individual or entity to take any of the foregoing actions.
      • Customer shall not download, modify, create derivative works from (including translation or localization), reverse engineer, decompile or disassemble or otherwise attempt to discover any trade secret contained in the Software or in any software or system used by DynaVox in connection with providing the Software. Customer shall not: (i) copy or otherwise reproduce the Software except as provided in this Agreement, (ii) separate Software, which is delivered as a single product, into its component parts, (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels from the Software, Upgrades, the Documentation, or any other materials provided therewith, or (iv) publish any results of benchmark tests run on Software to a third party without DynaVox's prior written consent.
      • Customer may not access the Software if Customer is a direct competitor of DynaVox or provide access to a direct competitor of DynaVox, except with DynaVox's prior written consent. In addition, Customer may not access the Software for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Any action of this kind is likely to result in serious harm to DynaVox for which Customer agrees that DynaVox will be entitled to immediate injunctive relief together with other legal and equitable remedies.
      • Rights. As between the parties, DynaVox or its suppliers (as the case may be) retain all title, copyrights, patent rights, trade secrets, and other proprietary rights in the Software and any software or other intellectual property developed by DynaVox or its suppliers as part of the Services. Customer does not acquire any rights, express or implied, in the Software or any software or other intellectual property developed by DynaVox or its suppliers as part of the Services, other than the right to access and use the Software and such software or intellectual property as set forth in the Agreement. DynaVox may terminate or suspend Customer's access to and use of the Software and such software or intellectual property (in whole or in part) at any time, with or without notice, if DynaVox has reason to believe that Customer has violated the terms set forth in this Section 2.1.
      • Verification of proper Use. DynaVox or its agents shall have the right to monitor Use of the Software by Customer to ensure compliance with the terms of Section 2.1 of this agreement. This audit right includes, but is not limited to electronic monitoring at any time.
      • Updates. The Software or components of the Software may be periodically updated by DynaVox, at its sole discretion, to provide programming fixes or programming modifications without prior notice ("Updates"). These Updates may be automatically applied to the Software or in some cases offered as an optional download. If the Software is an Update to a previous version of the Software or component, Customer must have a current Subscription in order to Use such Update. Customer does not retain the right to continued use of the older Software version if the update is applied automatically. Use of the Update will continue to be governed by this Agreement, unless a new agreement is provided with the Update, in which case, your Use of the Update will be governed by the new agreement.
      • Upgrades. DynaVox, in its sole discretion, reserves the exclusive right to add additional features or functionality to the Software ("Upgrades"). DynaVox may choose to provide these Upgrades to the Software as part of an ongoing Subscription to the Software or charge additional fees for access to the new features or functionality. DynaVox has no obligation to add any features or functionality to the Software. Use of the Upgrade will continue to be governed by this Agreement, unless a new agreement is provided with the Upgrade, in which case, your Use of the Upgrade will be governed by the new agreement.
      • Trial or Professional Use Subscription. At its sole discretion, DynaVox may offer a Professional Limited Use license and/or a Trial Subscription, which will make Software features available on a temporary basis until the earlier of (a) the end of the trial or use period for which Customer registers to use the Software or (b) the start date of any Subscription ordered by the Customer ("Subscription"). Additional trial and/or professional use terms and conditions may appear on the registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

        ANY CUSTOMER OR USER DATA, AND ANY CUSTOMIZATIONS MADE TO CUSTOMER ACCOUNT DURING TRIAL OR PROFESSIONAL USE PERIODS MAY BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL OR PROFESSIONAL USE PERIOD BEFORE THE END OF SAID PERIOD.

        NOTWITHSTANDING SECTION 6.2 (WARRANTIES AND DISCLAIMERS), DURING THE PROFESSIONAL USE AND/OR TRIAL PERIODS, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY.
      • Companion Use. At its sole discretion, DynaVox may offer the Software for use as a Companion to a purchased speech generating device, which will make Software features available on a second (Companion) platform supplied by the Customer. Such use is granted at DynaVox's sole discretion and may be discontinued, continued for additional fees at any time.

        NOTWITHSTANDING SECTION 6.2 (WARRANTIES AND DISCLAIMERS), COMPANION USE OF THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY.
      • Additional Terms. Customer's Use of the Software shall also be subject to any additional applicable terms and conditions set forth on DynaVox's website or Customer or User portal provided by DynaVox, including, without limitation, terms of use applicable to specific Subscription Services and/or Subscription levels.
  • SERVICES
    • Provision of Support Services. DynaVox will provide Support Services as described in the DynaVox Support Policy.
      • DynaVox shall provide basic support for the Software to the Customer and authorized Users at no additional charge, and/or upgraded support if purchased separately.
    • Security of User Data. DynaVox agrees to maintain the security of User Data using industry-standard data security protocols, and other methods reasonably deemed to be adequate for secure business data. DynaVox shall take commercially reasonable precautions to prevent the loss of or alteration to Customer's Data, but DynaVox does not guarantee against any such loss or alteration, and shall not be required to store such User Data for any extended period of time. DynaVox is not and will not be Customer's official record keeper and/or storage provider.
    • De-Identification. Provided that DynaVox implements appropriate de-identification criteria in accordance with the Standards for Privacy of Individually Identifiable Health Information set forth in 45 C.F.R. §164.514(b) (or any successor provision thereto), such de-identified information is not Protected Health Information as defined under HIPAA; Customer acknowledges and agrees that DynaVox may use such de-identified information for any lawful purpose.
    • Data Storage. Unless otherwise agreed between DynaVox and Customer, each valid User account is limited to 10 gigabytes of Data Storage. DynaVox may in its sole discretion, limit Data Storage in excess of the stated limit, or offer incremental storage, which may be subject to additional fees.
    • Data Retention. As part of the Services during the term of the agreement, DynaVox makes available to Customer the ability to export a file of the User Data and Communications Content in the form of a backup file. Customer agrees and acknowledges that (i) DynaVox is not obligated to retain any User Data or Communications Content for longer than 30 days after termination, and (ii) DynaVox has no obligation to retain User Data and Communications Content, and may delete User Data and Communications Content, if Customer has materially breached this Agreement, including but not limited to failure to pay outstanding Fees. Upon termination for cause resulting from an uncured breach, Customer's right to access or use User Data and Communications Content immediately ceases, and DynaVox shall have no obligation to maintain it or make it available for download.
    • System Availability. The DynaVox software does not require internet connectivity to operate, although the software does require periodic connection to myDynaVox to keep maintain current subscription status. DynaVox shall use commercially reasonable efforts to make myDynaVox available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which DynaVox use commercially reasonable efforts to give at least 8 hours' notice and which shall be scheduled to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Eastern Time), or (b) any unavailability caused by circumstances beyond DynaVox's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks.
    • Internet Delays. DYNAVOX'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DYNAVOX IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS NOT CAUSED BY DYNAVOX.
  • CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
    • Customer Representations and Covenants.
      • Customer represents and warrants to DynaVox that (i) Customer's use of the User Data in connection with the Services (including, without limitation, the right to upload, replicate, transfer, store, process and cache User Data in connection with the use of the Software) complies with all applicable federal, state and local laws and regulations, and any policies applicable to Customer's organization, and that Customer has received all necessary third party approvals with respect to the Services and its use of the Software and the User Data, and (ii) the User Data, and Customer's use of the User Data (including, without limitation, storage, processing, uploading, replicating, transferring and caching of User Data), do not infringe the intellectual property rights of any third party or violate any applicable federal, state or local laws and regulations, or any policies applicable to Customer's organization, and (iii) Customer agrees to indemnify and hold DynaVox harmless from any third-party claims or resulting liability arising from Customer's breach of this Agreement, including without limitation, Customer's or its Users' use of the User Data and the Software in connection with the Services.
      • Customer shall comply with all federal, state and local laws and regulations applicable to Customer's conduct of its business, including, without limitation, obtaining and maintaining all federal, state and local licenses.
    • Data Import Limitations. Customer is responsible for providing all information in the format specified by DynaVox for the creation of User accounts. Customer acknowledges and agrees that the User Data available in the Software will be a reflection of the quality of the data provided by the Customer. DynaVox is not responsible for inability to perform or access Services due to improperly formatted or corrupt files. Customer shall maintain an accurate backup copy of all data. Customer acknowledges that transferring User Data in connection with the use of the Software is subject to the possibility of human and machine errors, omissions, and losses, including inadvertent loss of data that may give rise to loss or damage. Customer is responsible to adopt reasonable measures to limit the impact of such problems.
    • Software and Hardware Requirements.
      • Customer is responsible for obtaining access to the Internet using software and hardware that meet DynaVox's published system requirements, including security requirements.
      • Customer agrees to access the Software, and to store and retrieve data using third party programs, including (without limitation) Internet "browser" programs, that support data security protocols compatible with those specified by DynaVox. Customer agrees that all software it uses to access the Software will support the Secure Socket Layer (SSL) protocol.
    • Account Name and Passwords.
      • Customer must designate User account names and passwords in order to access the myDynaVox Services. Customer is responsible for safeguarding the confidentiality and use of account names and passwords, and agrees to take any and all actions necessary to maintain the privacy of such information.
      • Customer shall be liable and responsible for any and all activities conducted through its account, whether or not such activities have been authorized by Customer. DynaVox will deem any communication, data transfer, or use of the Software received under Customer's account names and passwords to be for Customer's benefit and use.
      • Customer will promptly notify DynaVox if account names or passwords are lost, stolen, or are being used in an unauthorized manner. Upon DynaVox's request, Customer will provide DynaVox with accurate and complete registration information of Users, and any additional permitted authorized Users, that have access to the Software.
    • Ownership of User Data. As between the parties, Customer is the owner of all User Data; provided, however, that nothing herein shall prevent DynaVox from (i) disclosing such User Data as may be required by law, or as otherwise permitted in this Agreement, or (ii) from using User Data consistent with applicable law (including, without limitation, HIPAA) to develop products or services involving the aggregation of User Data from multiple Customers (provided that the identity of the Customer cannot be determined from the aggregated data).
  • TERM AND TERMINATION
    • Term. Subject to the termination rights set forth in the Agreement, Subscriptions commence on the Service Start Date specified in the applicable Order and continue for the Subscription term specified therein. Except as otherwise specified in the applicable Order (or as defined by a Professional Limited Use license, a Trial Subscription or Companion Use), all Subscriptions shall automatically renew for additional periods equal to the expiring Subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant Subscription term. The per-unit pricing during any such renewal term shall be the same as that during the prior term unless DynaVox has provided notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. In the event that an Order contains services or products added to an existing Subscription, such added services or products shall be billed on a pro-rated basis and will be coterminous with the initial Service term or applicable renewal Service term of such Order.
    • Termination for Cause. Either party may terminate the Agreement at any time, if the other party commits a material breach of any representation, warranty, agreement or covenant set forth in the Agreement that remains uncured after sixty (60) days written notice (five (5) days written notice for non-payment) specifying the nature of the breach and identifying the measures required to correct the breach.
    • Additional DynaVox Termination Rights.
      • DynaVox may terminate the Agreement immediately if Customer becomes insolvent, generally stops paying its debts as they become due or seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against Customer and not dismissed within 90 days after commencement of one of the foregoing events.
      • DynaVox may terminate the Agreement immediately in the event Customer or User includes in the Software any content which violates any applicable law or regulation or which otherwise exposes DynaVox to civil or criminal liability.
      • DynaVox may suspend or terminate the Agreement immediately in the event of any wrongful or unauthorized access to or use of the Software by Customer or other third party.
    • Effect of Termination. Upon termination of the Agreement, access to and use of the Software and all Services shall be terminated. Termination of the Agreement (i) shall not relieve any party from any liability that may have arisen prior to such termination, nor shall such termination (other than for termination by Customer under Section 5.2 above) relieve Customer of its obligation to pay all fees that have accrued or are otherwise owed by Customer under the Agreement, and any unpaid fees related to the initial term or any renewal term, and (ii) shall not limit either party from pursuing other remedies available to it, including injunctive relief. Upon any termination of the Agreement, DynaVox shall have the right to maintain a copy of all User Data in accordance with, and for the period of time it determines is required or permitted by, applicable law. Sections 1, 5, 6, and 8 shall survive any termination of this Agreement.
  • INDEMNITY, WARRANTIES, LIMITATION ON LIABILITY; REMEDIES
    • DynaVox Ownership; Infringement Indemnity.
      • All computer programs and related Documentation made available, directly or indirectly, by DynaVox to Customer as part of the Services are the exclusive property of DynaVox or the third parties from whom DynaVox has secured the rights to such services or products. All rights, title and interest in or to any copyright, trademark, service mark, trade secret and other proprietary right relating to the Software and the Services are reserved.
      • DynaVox shall indemnify, defend and hold harmless Customer from and against any and all suits, proceedings, claims, demands, or causes of action by a third party that the Software infringe upon or misappropriate any United States copyright, patent, trade secret or other intellectual or industrial property right of any kind or nature whatsoever (a "Claim").
      • DynaVox shall have no liability under this Section 6.1 to the extent a Claim is attributable to (i) combination or use of the Software with any item, component, product, material, software or process not provided by DynaVox, if liability would not have arisen but for such combination or use with such item, component, product, material, software or process; (ii) use of the Software in any way not authorized nor contemplated by the Agreement, if liability would not have arisen but for such unauthorized use; or (iii) any breach by Customer of the Agreement, if liability would not have arisen but for such breach.
      • In the event the Software is held by a court of competent jurisdiction to, or is believed by DynaVox to, infringe or misappropriate any third party right, DynaVox shall have the option, at its expense, to (i) modify the Software to be non-infringing, (ii) replace the Software with a non-infringing substitute, (iii) resolve any Claim to allow use of the Software, (iv) obtain for Customer a subscription to continue using the Software, (v) terminate the Subscription for the infringing Software, or (vi) terminate the Agreement.
      • The indemnification obligations set forth in this Section 6.1 are subject to the following conditions: (i) Customer shall give DynaVox written notice of any Claim for which Customer intends to claim indemnification within 30 days of the Claim; (ii) Customer shall give DynaVox the sole right to control and direct the investigation, defense and settlement of the Claim, including selection of defense counsel; and (iii) Customer shall reasonably cooperate with DynaVox in the investigation, defense and settlement of the Claim. Reasonable out-of-pocket expenses incurred by Customer in providing such assistance will be reimbursed by DynaVox. Customer shall not settle or compromise any Claim, and any such settlement or compromise shall be void as against DynaVox and shall terminate DynaVox's obligation to indemnify Customer with respect to such Claim.
      • Customer acknowledges and agrees that the remedies provided in this Section 6.1 are the sole and exclusive remedies of Customer, and consequently the sole and exclusive liability of DynaVox, with respect to any Claim.
    • DynaVox Warranties; Time Period; Disclaimers.
      • Warranty for the Software and Services. Subject to Customer's compliance with its obligations under Section 4.2, DynaVox represents and warrants that the Software and Services will perform in all material respects in accordance with the Documentation provided by DynaVox within the Software, website, paper, or electronic copies of such Documentation. This warranty shall apply for a period of thirty (30) days following the Service Start Date, and any breach not reported within such period will be deemed waived and accepted by Customer.
      • Warranty for Other Services. DynaVox warrants that the Support Services, the Training Services and any other service set forth in an Order agreed to by Customer (excluding services contemplated by Sections 6.2.1) will be performed in a manner that is consistent with generally accepted industry standards for such Service. With respect to Training Services, DynaVox does not guarantee any specific results, and the results Customer may realize is primarily dependent on Customer's ability to utilize and implement ideas, concepts, and practices presented in the Training Services. Any breach not reported to DynaVox by Customer within thirty (30) days of its discovery will be deemed waived and accepted by Customer.
      • Disclaimers. THE WARRANTIES SET FORTH IN THIS SECTION 6.2 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY ORAL REPRESENTATIONS OR WARRANTIES MADE BY OR ON BEHALF OF DYNAVOX AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DYNAVOX AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. DynaVox does not warrant that the Software will operate in the combinations that Customer may select for use, that the Software will meet Customer's requirements, that the operation of the Software will be uninterrupted or error-free, free of viruses or any other malicious code, or fit for its intended purpose, or that all Software errors will be corrected. Any description of the Software contained on DynaVox's website or promotional materials is for the sole purpose of identifying them, and any such description is not a part of the basis of the bargain and does not constitute a warranty or representation.
    • Exclusive Remedies. For any breach of the representations and warranties contained in Section 6.2, Customer's exclusive remedy, and DynaVox's entire liability, shall be as follows:
      • With respect to a breach of the representation and warranty set forth in 6.2.1, DynaVox shall correct the errors that caused DynaVox to breach its warranty to Customer.
      • With respect to a breach of the representation and warranty set forth in 6.2.2, DynaVox shall re-perform the applicable service.
      • With respect to the Warranties set forth in 6.2, if correction of the errors or re-performance of the applicable Service is not feasible or commercially reasonable, Customer may be entitled to some or all of the fees paid by Customer for such period of time as the applicable Software or Service was at issue.
    • Exculpation of Certain Claims; Limitation on Liability.
      • Customer shall be liable for (and Customer hereby waives any and all claims which Customer may have against DynaVox for), (i) any inaccuracy in User Data provided by Customer or its Users, (ii) the consequences of any instructions Customer may give to DynaVox, and (iii) Customer's failure to protect User account names and passwords. In addition, DynaVox is not responsible for (iv) Customer's access to the Internet, (v) interception or interruptions of communications through the Internet or (vi) changes or losses of data through the Internet.
      • Limitation of Liability. In no event shall DynaVox be liable under the Agreement for any indirect, incidental, special, consequential or punitive damages, or damages for business interruption, loss of profits, revenue, data or use, or cost of cover suffered by Customer or by any third party, whether in an action in contract or tort, and even if DynaVox has been advised of or is aware of the possibility of such damages. DynaVox's total liability for damages suffered by Customer or any of its affiliates under the Agreement or related to the Services shall in no event exceed an amount equal to three (3) times the average monthly fee paid by Customer to DynaVox under the Agreement.
      • This Section 6.4 sets forth the full extent of DynaVox's liability for damages resulting from this Agreement and the Services, regardless of the form in which such liability of claim for damages may be asserted. The provisions of the Agreement allocate the risks between DynaVox and Customer. The parties agree that DynaVox's pricing and other terms and conditions of the Agreement reflect the allocation of risk and the limitation of liability specified herein, and Customer acknowledges that without such limitation on liability and Customer's agreement to maintain redundant copies of all data provided to DynaVox in connection with the Services, DynaVox would not have entered into this Agreement.
  • PAYMENT PROVISIONS
    • Fees, Invoicing and Payment; Suspension of Service.
      • Customer shall pay the fees set forth on the Order (or any Addendum, as the case may be) for the Software and Services.
      • Invoices for payment of all Services shall be in accordance with the applicable Order agreed to by Customer. In the absence of specific provisions in the applicable Order agreed to by Customer, (i) fees for one-time Professional Services or Professional Development (e.g., set-up and Training Services) are due upon acceptance of any Order and prior to delivery of the applicable Service, (ii) recurring fees (e.g., fees for Services) begin on the Service Start Date, and if a monthly payment schedule, shall be payable no less than monthly in advance and due in full on the first day of each month, and (iii) fees that are variable and dependent on actual usage shall be billed monthly in arrears and due upon receipt.
      • Administrative Fees include, but are not limited to; (i) late charges for any invoice not paid by the applicable due date shall be charged for each 30 days thereafter that such invoice remains unpaid. Additionally, any amounts payable by Customer hereunder which remain unpaid after the due date shall be subject to a finance charge equal to the lesser of 1.5% per month or the maximum amount permitted under applicable law, from the due date until the date such amount is paid, (ii) DynaVox will charge a fee for each occurrence if checks or electronic (ACH) payments are returned unpaid or rejected by the issuing bank. Non-sufficient Funds checks or rejected ACH payments must be remitted within 5 working days after the Customer has been notified of the returned check or rejected ACH payment. The rejected amount and all future payments must be in the form of certified check or credit card. If, the NSF check or rejected ACH payment is not remitted within 5 working days, the Customer's access to, and use of, Software and Services will be terminated.
      • Without limiting the additional fees and charges that shall be payable by Customer pursuant to Section 7.1.3, if applicable, DynaVox shall have the right, exercisable in its sole and absolute discretion, to suspend Customer's access to, and use of, the Software and Services, in the event that Customer has not paid any amounts due hereunder by the time such payment is due.
      • Customer's payment obligations hereunder with respect to the Services may (if authorized by Customer) be made by direct withdrawal from Customer's bank account. In the event Customer has given such authorization, such withdrawal is subject to the operating rules of the National Automated Clearing House Association ("NACHA"). DynaVox and Customer each agree to be bound by and comply with the NACHA rules applicable to it with respect to such withdrawals. Any authorization given by Customer shall remain in effect unless and until revoked in writing by an authorized representative of Customer and until Customer's bank and DynaVox have each received such notice and have had reasonable time to act upon such notice.
    • Taxes. The fees listed in the Agreement (including the Order) do not include taxes; there shall be added to all payments hereunder amounts equal to any applicable taxes levied or based on this Agreement, exclusive of taxes based on DynaVox's net income. If DynaVox is found to be responsible for the withholding and payment of taxes on behalf of Customer, Customer agrees to indemnify DynaVox with respect to the full amount of taxes due, together with applicable interest and penalties. If Customer is required to withhold any tax from any payment, then the amount of the payment will be automatically increased to completely offset such tax so that the amount remitted to DynaVox, net of all taxes, equals the amount invoiced or otherwise due.
    • Variable Use Service Fees. Variable use service fees are subject to external costs (such as postage rates, paper, etc.) and therefore are subject to change with 30-day written notice to Customer.
  • GENERAL TERMS
    • Confidential Information.
      • All Confidential Information disclosed hereunder will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose the Confidential Information of the disclosing party and will use at least the same degree of care, discretion and diligence in protecting the Confidential Information of the disclosing party as it uses with respect to its own confidential information, but in no case less than reasonable care; provided, however, that DynaVox may disclose Confidential Information in accordance with the terms of this Agreement. The receiving party will limit access to Confidential Information to its affiliates, employees and authorized representatives with a need to know and will instruct them to keep such information confidential. Notwithstanding the foregoing, the receiving party may disclose Confidential Information of the disclosing party (i) to the extent necessary to comply with any law, rule, regulation or ruling applicable to it, (ii) as appropriate and with prior notice where practicable, to respond to any summons or subpoena or in connection with any litigation, and (iii) to any vendor with which DynaVox has an API (if Customer has elected to use such API).
      • Customer acknowledges that DynaVox or its affiliates may from time to time communicate directly with Customer for the purpose of marketing its products and services or those of its recommended vendors, and may use Confidential Information to do so.
      • The obligations of DynaVox set forth in this Section 8.1 shall not apply to any suggestions and feedback for product or service improvement, correction, or modification provided by Customer in connection with any present or future DynaVox product or service, and, accordingly, neither DynaVox nor any of its customers or business partners shall have any obligation or liability to Customer with respect to any use or disclosure of such information. In addition, subject to any limitations imposed by HIPAA, if applicable, Customer hereby consents to DynaVox's use of internet/website analytics software tools and programs that collect, transmit, store, disclose and analyze certain information about the actual use of the Software by Customers and/or Users (such as, but not limited to, pages viewed, links clicked, functions used and other workflow information), and such information shall not be considered Confidential Information hereunder and may be used by DynaVox for the purpose of license administration, error resolution and product analysis and improvement.
    • Governing Law and Dispute Resolution. The Agreement, and all matters arising out of or relating to the Agreement, shall be governed by the internal substantive laws of the Commonwealth of Pennsylvania excluding its conflicts of law provisions. Any controversy or claim arising out of or relating to the Agreement, or breach thereof, shall be submitted to the following procedure: (i) direct negotiation in a settlement conference to be scheduled as soon as possible after the dispute arises; (ii) if no resolution is reached within sixty (60) days of the settlement conference, the parties will submit the dispute to non-binding mediation in Pittsburgh, Pennsylvania under the mediation rules of the American Arbitration Association; and (iii) if no settlement is reached within sixty (60) days of the start of mediation, either party may seek legal redress in a forum of competent jurisdiction. Notwithstanding the above, neither party shall be prevented from seeking immediate injunctive or other equitable relief in connection with any breach of the confidentiality or ownership provisions set forth herein.
    • Notice. Customer agrees to notify DynaVox of any changes to Customer's business address, business contact, and support contact within ten (10) days of any change thereto. All notices required or permitted hereunder shall be given in writing or as specifically set forth in the applicable section of the Agreement. To expedite order processing, Customer agrees that DynaVox may treat documents emailed or faxed by Customer to DynaVox as original documents; nevertheless, either party may require the other to exchange original signed documents to evidence an order for Services.
    • Other Terms.
      • The waiver by either party of any default or breach of the Agreement shall not constitute a waiver of any other, or subsequent, default or breach.
      • Except for actions for nonpayment or breach of DynaVox's proprietary rights in the Software, no action, regardless of form, arising out of the Agreement may be brought by either party more than thirty (30) days after the cause of action has accrued.
      • The Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of the Agreement.
      • DynaVox may assign this Agreement or any rights or obligations under the Agreement to a third party. Customer may not assign the Agreement or any rights or obligations hereunder without the prior written consent of DynaVox, which consent shall not be unreasonably withheld or delayed; any such assignment without the prior consent of DynaVox shall be void. DynaVox may use subcontractors to perform Services under this Agreement; provided, however, that such subcontracting shall not relieve DynaVox from responsibility for performance of its duties hereunder.
      • DynaVox has no obligation to any third party by virtue of this Agreement.
      • If any of the provisions of the Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather the parties hereto agree to replace such invalid or unenforceable term or provision with a valid and enforceable term or provision that will achieve, the fullest extent possible, the economic, business and other purposes of the Agreement.
      • Customer acknowledges and agrees that calls to and from DynaVox may be monitored or recorded.
      • DynaVox may modify or amend the terms of the Agreement between the parties, including these Terms of Service and any incorporated Order, upon written notice, e-mail or otherwise, to Customer. Following any such notification, Customer shall have the right for a period of thirty (30) days from receipt to inform DynaVox in writing that it does not accept the modification or amendment of the Agreement. If Customer does not notify DynaVox in writing that it does not accept such modification or amendment within such thirty (30) day period, and continues to access and use the Software and/or receive the Services, this shall be deemed agreement by the Customer to the modification or amendment. If Customer properly notifies DynaVox that it does not accept the new terms within the thirty (30) day period, then Customer may continue to access and use the Software until the end of Customer's then-current term, at which time the Agreement, and Customer's access to and use of the Software and its receipt of Services, shall terminate.