TERMS OF USE

Last updated on October 14, 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity ("you") and Pictalk ("Company," "we," "our"), regarding your access to and use of the website https://www.pictalk.org as well as any other form of media, media channel, mobile website, or mobile application associated, linked, or otherwise connected to it (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST IMMEDIATELY CEASE ITS USE.

Additional terms and documents that may be published on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you to any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each of these changes. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to the modifications of any revised version of the Terms of Use by your continued use of the Site after the date of publication of these revised Terms of Use.

The information provided on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within that jurisdiction or country. Consequently, those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws apply.

The Site is intended for users who are at least 18 years old. Individuals under 18 years old are not permitted to use or register on the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos it contains (the "Marks") are owned or controlled by us or are licensed to us, and are protected by copyright and trademark laws as well as various other laws on intellectual property and unfair competition in the United States, international copyright laws, and international treaties. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Mark may be copied, reproduced, aggregated, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited in any other way for commercial purposes, without our prior written consent.

As long as you are eligible to use the Site, you receive a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly accessed solely for your personal and non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register on the Site. You agree to keep your password confidential and will be responsible for any use of your account and password. We reserve the right to remove, reclaim, or change a username that you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with commercial enterprises except those that are specifically approved or endorsed by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our permission.
2. Deceive, defraud, or mislead us and other users, including by attempting to obtain sensitive information on accounts like user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site to harass, abuse, or harm another person.
6. Make inappropriate use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with applicable laws or regulations.
8. Use the Site to advertise or sell goods and services.
9. Engage in unauthorized framing or linking to the Site.
10. Upload or transmit (or attempt to upload or transmit) any viruses, trojan horses, or other material, including excessive use of uppercase letters and spam (repeatedly posting text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, alters, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Remove the copyright notice or other proprietary rights notices from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for collecting or transmitting information, including but not limited to clear graphics interchange format ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt to circumvent any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
19. Except to the extent such activity is permitted by standard use of a search engine or Internet browser, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
22. Use the Site in connection with any effort to compete with us or use the Site and/or the Content for any revenue-generating enterprise or venture.
23. Download any illegal content or content obtained illegally.

USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, discussion forums, online forums, and other features, and may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be visible to other users of the Site and through third-party websites. In this regard, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you hereby represent and warrant that:

1. The creation, distribution, transmission, public display or performance, and access, downloading, or copying of your Contributions does not violate and will not violate the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
2. You are the creator and owner of or have the licenses, rights, consents, permissions, and approvals necessary to use and to authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, permission, and/or permission of each identifiable person in your Contributions to use the name or likeness of each identifiable person to enable the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against any person or group of persons.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under 18 years of age in a sexual or violent manner.
12. Your Contributions do not violate any applicable law regarding child pornography or are otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.
14. Your Contributions do not otherwise violate, or contain links to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Any use of the Site in violation of the foregoing is a violation of these Terms of Use and may result in, among other things, the termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions on any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, create derivative works of, or incorporate into other works, your Contributions, and to grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, business name, and franchise name, as applicable, and all trademarks, service marks, commercial names, logos, and personal and commercial images that you provide. You waive all moral rights to your Contributions, and you warrant that no moral rights have otherwise been asserted with respect to your Contributions.

We do not assert any ownership rights in your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other rights pertaining to your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify and hold us harmless from any and all claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your Contributions.

We have the right, at our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contribution; (2) to recategorize any Contribution to place it in more appropriate locations on the Site; and (3) to preselect or remove any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

MOBILE APPLICATION LICENSE

License Grant

If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, and limited right to install and use the mobile application on wireless electronic devices that you own or control, and to access and use the mobile application on such devices in strict compliance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, enhancement, improvement, translation, or derivative work of the application; (3) violate any applicable law, rule, or regulation in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) posted by us or the application licensors; (5) use the application for any revenue-generating business, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or any other environment permitting access or use by multiple devices or users at the same time; (7) use the application to create a product, service, or software that is, directly or indirectly, competitive with or a substitute for the application; (8) use the application to send automated requests to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes either Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules as set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish maintenance and support services with respect to the mobile application; (3) in the event the mobile application fails to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor shall have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist-sponsoring" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with any applicable third-party terms when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as a third-party beneficiary of this.

SUBMISSIONS

You acknowledge and agree that all questions, comments, suggestions, ideas, feedback, or other information concerning the Site ("Submissions") provided by you to us are non-confidential and will become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to these Submissions, and you warrant that the Submissions are original with you or that you have the right to submit these Submissions. You agree that there will be no recourse against us for any alleged or actual infringement of any third-party intellectual property rights in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to the law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part of them; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or disable otherwise all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

General Terms of Use of the Pictalk Buddy Service

 These general conditions of use (called "Conditions") aim to provide the legal framework for the arrangements of the Pictalk Buddy Service ("Service") and to define the conditions of access and use of the Service by the User. 

1. Definitions

Terms starting with an uppercase letter have the following meanings:

 

Term	Meaning
User	Refers to any natural or legal person using our Service. A User must have an active Account to access the Service.
Administrator	Refers to a member of the Pictalk Buddy developers authorized to administer the Service: it has an Account granting access with privileged rights allowing to configure and set up its functionalities or perform actions on User accounts.
Account	Refers to a valid account providing access to the functionalities of the Service.
Content	Refers to all information, links, and other content that Users can deposit and access on the Service.
Conditions	Refers to these general terms of use governing your access and use of the Pictalk Buddy Service.
Contract	Refers to these Conditions and all other rules, policies, and procedures of operation that Pictalk may periodically publish via the Service.
Personal Data	Refers to any information relating to an identified or identifiable natural person; a "personal identifiable individual" is a natural person who can be identified, directly or indirectly, notably by reference to an identifier, such as a name, an identification number, location data, an online identifier, or one or more specific elements inherent to their physical, physiological, genetic, psychological, economic, cultural, or social identity.
Personal Data Protection Policy	Refers to the document prepared by Pictalk presenting its processing of Users' Personal Data and defining their respective rights.
Legal Representative	Refers to a User who has created their Account as the legal representative of a person (e.g., parent, guardian, etc.) and can set it up for their own needs as well as those of the persons in their charge.
Caretaker	Refers to a User who has created their Account as a caregiver for a person (e.g., educator, speech therapist, etc.) and can set it up for their own needs as well as those of the persons in their charge.
Representative	Refers to a User accessing a Account created by their legal representative and able to use the Service.
Service	Refers to the Pictalk Buddy service offer by Pictalk, consisting of a calendar with an interface adapted for people with a mental disability.
Third-party Services	Refers to services, products, software, embedded content, or applications (such as plugins, themes, or extensions) provided by a third party that the User can activate, use, or purchase during the use of the Service.

2. General Presentation of the Service

The present Pictalk Buddy Service is managed by Pictalk, located at 13 rue professeur pierre marion – 69005. 

The Service is free and accessible via internet through a mobile application. 

The software used to provide the Service is owned by Pictalk. 

3. Acceptance of the Conditions of Use of the Service 

The term "you" refers to any User accessing our Service. If you use our Service on behalf of another person or entity, you declare and warrant that you are authorized to accept the Contract on behalf of that person or entity, that by using our Service you accept the Contract on behalf of that person or entity, and that if you or that person or entity violate its provisions, you and that person or entity agree to bear all responsibility towards us.

 

Please read these Conditions carefully before accessing or using the Service. By accessing or using any part of the Service, you acknowledge that you have read and accepted to be bound by the Contract. You also agree that we may automatically modify, update, or add elements to our Service, as indicated in the Conditions, and that the present Contract applies to any modifications.

Activation of your Account is conditioned upon acknowledgment and acceptance of these Conditions. Thus, during your registration, you will need to accept and validate the Conditions. Your Account on the Service will then be automatically activated.

Please note that additional third-party service terms and/or applicable licenses for third-party content may apply when you use the Service.

4. Description of the Service Offering and User Profiles 

By accessing the Service, the User may benefit from the following functionalities:

·       Upload and view multimedia content in a calendar

·       View an augmented schedule with multimedia content during appointment slots

·       Edit User Account and its information

5. Creation and Management of User Accounts

 Access to the Service is reserved for Users and the Administrator.  

 To benefit from access to the Service, the aforementioned Users must create an Account on the Service according to two possibilities:

-       By providing an email address and password

-       Using OAuth protocol via Google or Apple services

 The Caregiver must ensure they obtain the legal representative's permission to access the shared calendar of the represented person.

 Each User Account is personal. Therefore, it is strictly forbidden to communicate your login credentials allowing access to the Service to a third party.  

In case of loss, theft or unauthorized use of your login credentials, keys or tokens, you agree to inform Pictalk immediately at: alex@pictalk.org. 

As with all Pictalk services, the Service is subject to the Internal Regulations and Pictalk's IT Charter.

 

6. Customization of User Accounts

 The User can enter/view the following information in their profile:

Profile details: Name, First Name, Email address

 To add content, such as photos or videos, the User must authorize Pictalk to access their camera or photo/video gallery. 

The User must ensure that the entered fields do not contain Prohibited or Sensitive Content in accordance with article 10 below.

7. Role of Administrators

The Administrator manages Users' requests (corrections, assistance, etc.).

The Administrator is authorized to block or delete a User's access in accordance with these Conditions, as well as the rules and decisions of Pictalk if applicable to the User.

8. Role of Users

The legal representative and the Caregiver will have the following rights:

·       Create a User account for the legal representative / caregiver and set it up

·       Enter personal information about the represented person

·       Create (coming soon) a profile with personal data of the represented person (First Name, images) who will use the application to communicate and organize when they take the tablet. They will click on their thumbnail.

 In the calendar, creation of events that the represented person participates in, potentially with pictograms and health data (doctor's name, etc.). To prevent sensitive or risky information (e.g., social security number or NIR) from being entered into events, such information will be blocked at the event addition form level.

 Add pictograms or images useful to facilitate communication with the represented person and their organization.

Furthermore, the legal representative can view on an interface which Caregivers have access to the represented person's shared calendar. They can access the caregiver's email address and revoke access in case of violation of the following article 10 by the caregiver or if they did not have the legal representative's authorization to access this shared calendar.

The represented person will have the following rights:

       Access existing pictograms or images in the application for communication and organization purposes

9. Service Availability and Accessibility

The Service is provided as is, and Pictalk disclaims any guarantee of any kind, express or implied, including, but not limited to, guarantees of suitability for a particular use, merchantability, and non-infringement. Pictalk does not guarantee that the Service will be error-free or bug-free, or that access will be continuous or uninterrupted. 

The service may be interrupted at any time. 

10. Responsibilities

Pictalk cannot review all Content. By operating the Service, Pictalk does not endorse or imply endorsement of the Content made available or that it is accurate, useful, or non-harmful. Pictalk encourages you to take necessary precautions to protect yourself and your computer systems against viruses, worms, Trojans, and other malicious software or content.

As a User, you are solely responsible for all activities performed on your Account. You are also responsible for maintaining the security of your Account (including protecting your password).

The Service is a friendly and supportive space. By connecting to the Service, Users agree to interact with each other following principles of listening, respect, and kindness.

Therefore, we ask you to exercise responsibility regarding the Content you add to the Service. In particular, ensure that no Prohibited Content appears on the Service. This includes, but is not limited to, any Content:

·       Intentionally false, misleading, defamatory;

       Discriminatory, violent, malicious, constitutes harassment, infringes on human dignity, or incites cruelty towards animals;

       Illegal, contrary to public order, national security;

       Violates privacy or the protection of Personal Data;

       Infringes any patent, trademark, design or model registration, trade secrets, copyright, neighboring rights, intellectual property rights, or any other rights belonging to a third party, or to Pictalk. Rights of personality, or which could constitute a tortious or quasi-tortious fault;

       Contains computer viruses or any other code, file, or program designed to interrupt, destroy or limit the functionality of the Service;

       Having the effect of reducing, disorganizing, preventing the normal use of the Service, or interrupting or slowing down the normal flow of electronic communications.

Furthermore, Pictalk reserves the right to remove any Prohibited Content without prior warning or notice. 

Any User or visitor can report any Content they consider prohibited to Pictalk at the following address: alex@pictalk.org.

11. Third-party Services

The conditions and policies of the third-party service providers apply. If you use a Third-party Service or grant it access, data will be processed according to the privacy policies and practices of the third-party service provider.

Third-party Services may not function correctly with the Service provided by Pictalk. Pictalk may not be able to provide assistance for issues caused by third-party services. If you have questions or concerns regarding a third-party service, you should contact the third-party provider directly.

If Pictalk finds that the use of Third-party Services does not comply with this Contract, Pictalk may suspend, deactivate, or delete such Services.

12. Suspension and Revocation of a User Account

Pictalk may suspend or revoke your access to all or part of the Service at any time, especially if you have violated the Contract and the Service usage guidelines.

Any non-compliance with the Contract by a User may result in the permanent suspension or deletion of their Account.

You can stop using our Service at any time and request the deletion of your Account.

To maintain the continuity of the actions performed by the User, content associated with the User's Account may be retained by Pictalk despite account deletion.

The former User can, at any time, request the deletion of their Personal Data by contacting: alex@pictalk.org.

13. Intellectual Property

13.1. Rights to Use the Service

Pictalk holds the intellectual property rights over the software or declares having authorization from these rights holders to grant them to Users.

 Within this framework, Pictalk grants the User a license to access and use the Service, free of charge, non-exclusive, personal, non-transferable, non-assignable, and without sublicense rights, for the duration of the User's Account use, to benefit from the functionalities of the Service, under the conditions set out in these Conditions, and in accordance with the applicable use contract for the Pictalk Buddy application.

 In this regard, the User may reproduce the Service temporarily for loading, display, reading, execution, or transmission of Content using the computer means described in Article 5 above.  

THE USER IS PROHIBITED FROM ANY USE OR EXPLOITATION OF THE SERVICE OUTSIDE THE SCOPE OF THIS LICENSE AND/OR IN VIOLATION OF THESE CONDITIONS.

 "Pictalk" is a registered trademark. No rights or license are granted to the User to reproduce, modify, or use any Pictalk trademarks and logos or any other trademarks and logos belonging to third parties present on the Service. 

 

13.2. Rights over the Content

 Pictalk, subject to third-party rights, holds all the rights of intellectual property over the Content deposited on the Service.

Pictalk grants you a non-exclusive, personal, non-transferable, non-sublicensable, and revocable license to access and use the Service, subject to third-party rights, in the manner presented by Pictalk, and in accordance with the conditions of use of the Service.

These Conditions do not grant any intellectual property rights of Pictalk to the User. 

Any User is bound by an obligation of confidentiality and may not, unless explicitly and beforehand authorized by Pictalk, disclose such intellectual properties until they fall into the public domain.

As for Content that does not belong to Pictalk, the User guarantees to Pictalk that they have the necessary rights over the Content they disclose on the Service, without prejudice to their obligations towards third parties. 

14. Duration of the Contract

The Contract becomes effective upon the User’s acceptance of the Conditions at the time of creating their Account and ends upon deletion or closure of the Account.

Articles 3, 9, 10, 12, 13, 14, and 15 of these Conditions shall remain applicable to the User and Pictalk despite the termination of the Contract. Pictalk may decide to suspend or delete the User's Account, resulting in the temporary suspension or permanent termination of the Contract. In such cases, Pictalk may inform the User of the reason for suspension or termination and, if applicable, the duration of the suspension, without prejudice to potential legal actions.

In case of suspension or termination of the Contract, for any reason, the User will no longer have access to the Service, either temporarily or permanently, as the case may be.

Pictalk reserves the right to cease operating the Service at any time. Pictalk’s liability cannot be engaged on this account.

15. Applicable Law and Dispute Resolution

These Terms are governed by French law. 

In case of difficulty in interpretation or execution, the User and Pictalk agree to seek an amicable solution. If difficulties persist, the French courts of Paris shall have jurisdiction.