TERMS OF USE
Last updated on October 22, 2026
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 ("Association," "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 Apple's App 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 and Pictalk Studio services
Last updated on October 26, 2026
These general terms of use (the “Conditions”) set out the legal framework for the provision of the Pictalk Buddy and Pictalk Studio services (together, the “Service”) and define the conditions of access to and use of the Service by the User.
1. Definitions
Terms beginning with a capital letter have the following meanings:
| Term | Meaning |
|---|---|
| User | Means any natural or legal person using our Service. A User must have an active Account to access the Service. |
| Administrator | Means a member of the Pictalk Buddy developers authorized to administer the Service: they have an Account granting access with privileged rights to set up and configure its features or to perform actions on Users’ accounts. |
| Account | Means a valid account giving access to the features of the Service. |
| Content | Means all information, links and other content that Users can upload and access on the Service. |
| Conditions | Means these general terms of use governing your access to and use of the Service. |
| Contract | Means these Conditions and all other rules, policies and operating procedures that Pictalk may publish from time to time via the Service. |
| Personal Data | Means any information relating to an identified or identifiable natural person; an “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. |
| Personal Data Protection Policy | Means the document drawn up by Pictalk describing its processing of Users’ Personal Data and setting out their corresponding rights. |
| Legal Representative | Means a User who has created their Account as the legal representative of a person (e.g. father, mother, etc.) and who can set it up for their own needs and those of the persons in their care. |
| Caregiver | Means a User who has created their Account as a caregiver of a person (e.g. educator, speech therapist, etc.) and who can set it up for their own needs and those of the persons in their care. |
| Represented Person | Means the person for whom a Legal Representative or a Caregiver uses the Service, and who can use it through the profile created for them. |
| Service | Means the Pictalk Buddy and Pictalk Studio services offered by Pictalk. Pictalk Buddy brings together a planner, sequences, life books and a communication module (AAC), with an interface adapted to people with disabilities. Pictalk Studio makes it possible to create printable visual supports (life books, sequences, weekly planners) from pictograms. |
| Third-Party Services | Means the services, products, software, embedded content or applications (such as plug-ins, themes or extensions) provided by a third party that the User can activate, use or purchase when using the Service. |
2. General presentation of the Service
The Service is published by Pictalk, a non-profit association under the French law of 1901, registered in the French national register of associations (RNA) under number W691105552, SIREN 911 547 222, whose registered office is located at 13 rue Professeur Pierre Marion, 69005 Lyon, France. Contact: alex@pictalk.org.
Pictalk Buddy is available on Android, on iOS and from a web browser (buddy.pictalk.org). Pictalk Studio is available on iOS, Android, PC and Mac (creator.pictalk.org).
The Service is free for families, who may support the association with a donation, which entitles them to a tax reduction. A paid Pro membership gives access to the teamwork features; its conditions are described in Article 16. Payments made through Apple’s App Store or Google Play are also subject to the terms of those stores.
The Service is an aid to communication and organization. It does not replace medical advice or therapeutic support.
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 represent 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, breach its provisions, you and that person or entity agree to assume full liability 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 the Contract and agree to be bound by it. You also agree that we may automatically modify, update or add elements to our Service, as indicated in the Conditions, and that this Contract will apply to any modification.
The activation of your Account is subject to your acknowledgement and acceptance of these Conditions. Accordingly, when you register, you will have to accept and validate the Conditions. Your Account on the Service will then be activated automatically.
Please note that additional terms and conditions of Third-Party Services and/or licenses applicable to third-party Content may apply when you use the Service.
4. Description of the Service offering and of User profiles
By accessing the Service, the User can benefit from the following features:
- Upload and view multimedia content in a planner
- View a schedule enriched with multimedia content in the appointment slot
- Create and follow sequences and life books
- Communicate using pictograms and speech synthesis, through the communication module
- Share this content with other Users
- Create, with Pictalk Studio, visual supports to print or export
- Edit their user Account and information
5. Creation and management of User Accounts
Access to the Service is reserved for Users and the Administrator.
In order to access the Service, the above-mentioned Users must create an Account on the Service in one of two ways:
- Either by entering an email address and a password
- Or by using an OAuth protocol through Google or Apple services
The Service may be used by people of all ages. For a person under 15 years of age, the Account or profile is created and managed by their Legal Representative, or by a Caregiver authorized by the Legal Representative, who accepts the Conditions on behalf of the Represented Person. From the age of 15, a person may create and manage their own Account.
The Caregiver must make sure to obtain the Legal Representative’s authorization to access the Represented Person’s shared calendar.
A school, a health or social care facility or another institution may use the Service for the people it supports. It does so under its own responsibility and warrants that it has obtained the necessary authorizations from the Legal Representatives. Where the regulations applicable to the institution so require, a separate agreement entered into with Pictalk specifies the data processed and the obligations of each party. This is the case in particular in the United States, under FERPA (education records) and COPPA (consent for children under 13). To enter into such an agreement: alex@pictalk.org.
Each User Account is personal. It is therefore strictly forbidden to disclose to a third party the login credentials that give access to the Service.
In the event of loss, theft or unauthorized use of your login credentials, keys or tokens, you undertake to inform Pictalk without delay at the following address: alex@pictalk.org.
6. Customization of User Accounts
The User can enter / view the following information in their profile:
Profile information: Last name, First name, Email address
To add content, such as photos or videos, the User will have to authorize Pictalk to access their camera or their photo and video gallery.
The User must ensure that the fields filled in do not contain prohibited or sensitive Content, in accordance with Article 10 below.
7. Role of the Administrators
The Administrator handles Users’ requests (fixes, help, etc.).
The Administrator is authorized to block or delete a User’s access in application of the provisions of these Conditions, as well as of Pictalk’s rules and decisions where applicable to the User.
8. Role of the Users
The Legal Representative and the Caregiver will have the following rights:
- Create a Legal Representative / Caregiver account and set it up
- Enter personal information about the Represented Person
- Create a profile for the Represented Person (first name, image), which the Represented Person selects to use the application in order to communicate and get organized
- In the planner, create events in which the Represented Person takes part, and therefore potentially with pictograms and with health data (name of the doctor, etc.). Recording health data concerning the Represented Person requires the explicit consent of their Legal Representative, under the conditions set out in the Personal Data Protection Policy. The most sensitive information, such as the social security number, must not be entered in the Service.
- Add pictograms or images useful for facilitating communication with the Represented Person as well as their organization
In addition, the Legal Representative will be able to see on an interface which Caregivers have access to the Represented Person’s shared calendar. They will be able to access the Caregiver’s email address and revoke their access in the event of a breach of Article 10 below by the Caregiver or if the Caregiver did not have the Legal Representative’s authorization to access this shared calendar.
The Represented Person will have the following rights:
- Access the pictograms or images existing in the application to communicate and get organized
9. Availability and accessibility of the Service
The Service is provided as is, and Pictalk hereby disclaims all warranties of any kind, express or implied, including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement. Pictalk does not warrant that the Service will be free of errors or bugs or that access to it will be continuous or uninterrupted.
The Service may be interrupted at any time.
Nothing in these Conditions limits the rights granted to a consumer User by the French Consumer Code.
10. Responsibilities
Pictalk is not able to review all Content. By operating the Service, Pictalk does not represent or imply that it endorses the Content made available or that such Content is accurate, useful or harmless. Pictalk encourages you to take the necessary precautions to protect yourself and your computer systems against viruses, worms, Trojan horses and any other malicious software or content.
As a User, you are solely responsible for all activities carried out on your Account. You are also responsible for maintaining the security of your Account (which includes protecting your password).
The Service is a friendly and caring space. By logging in to the Service, Users undertake to interact with one another following the principles of listening, respect and kindness.
We therefore ask you to act responsibly with regard to the Content you add to the Service. In particular, make sure that no prohibited Content appears on the Service. This includes any Content that is:
- Deliberately false, untrue, misleading or defamatory;
- Discriminatory, violent, malicious, constituting harassment, undermining the human person and human dignity, depicting or inciting cruelty to animals;
- Illegal, contrary to public order or to national security;
- Infringing privacy and/or the protection of Personal Data;
- Infringing any patent, trademark, registered design, trade secret, copyright, neighboring right, intellectual property right or any other property right belonging to a third party or to Pictalk, any personality right, or likely to constitute a tort or quasi-tort;
- Containing 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, disrupting or preventing the normal use of the Service, or of interrupting and/or slowing down the normal flow of electronic communications.
In addition, Pictalk reserves the right to remove any prohibited Content without prior warning or notice.
Any User or visitor may report to Pictalk any Content they consider prohibited at the following address: alex@pictalk.org.
11. Third-Party Services
The terms and policies of the provider of the Third-Party Services apply. If you use a Third-Party Service or grant it access to your data, the data will be processed in accordance with the privacy policy and practices of the provider of that Third-Party Service.
Third-Party Services may not work properly with the Service offered by Pictalk. Pictalk may not be able to provide support for problems caused by Third-Party Services. If you have any questions or concerns about the operation of a Third-Party Service or if you need assistance, you must contact the Third-Party Service directly.
If Pictalk finds that the use of Third-Party Services does not comply with this Contract, Pictalk may suspend, deactivate or remove Third-Party 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, in particular if you have breached the Contract and the guidelines for using the Service.
Any failure by a User to comply with the Contract may result in the suspension or permanent deletion of their Account.
You may stop using our Service at any time and request the deletion of your Account.
An Account that has been inactive for 6 months receives a warning email. If it remains inactive for 1 year, it is deleted.
Deleting an Account removes from the Service the Content and data associated with it. Technical copies, such as files or backups, may remain on Pictalk’s servers for the periods set out in the Personal Data Protection Policy, without being accessible to anyone.
13. Intellectual property
13.1. Rights to use the Service
Pictalk holds the intellectual property rights to the software or declares that it has the authorization of the rights holders to grant them to Users.
In this context, Pictalk grants the User a free, non-exclusive, personal, non-transferable, non-assignable license to access and use the Service, without the right to sublicense, for as long as the User uses the Account, for the purpose of benefiting from the features of the Service, under the conditions set out in these Conditions, and in accordance with the end-user agreement applicable to the Pictalk Buddy application.
As such, the User may temporarily reproduce the Service for the purposes of loading, displaying, reading, running or transmitting Content using the computer means described in Article 5 above.
THE USER SHALL REFRAIN FROM ANY USE OR EXPLOITATION OF THE SERVICE OUTSIDE THE SCOPE DEFINED BY THIS LICENSE AND/OR IN BREACH OF THESE CONDITIONS.
“Pictalk” is a registered trademark. No right or license is granted to the User to reproduce, modify or use any Pictalk trademark or logo, or any other trademark or logo belonging to a third party, present on the Service.
13.2. Rights to the Content
Subject to the rights of third parties, Pictalk holds all intellectual property rights to the Content uploaded to the Service.
Pictalk grants you a non-exclusive, personal, non-transferable, non-sublicensable and revocable license to access and use the Service, subject to the rights of third parties, in the manner presented by Pictalk, and in application of the terms of use of the Service.
These Conditions do not transfer any of Pictalk’s intellectual property rights to the User.
Every User is bound by an obligation of confidentiality and may not, without Pictalk’s express prior consent, disclose the said intellectual property until it has fallen into the public domain.
With regard to Content that does not belong to Pictalk, the User warrants to Pictalk that they hold the necessary rights to the Content they disclose on the Service, without prejudice to their obligations towards third parties.
Pictograms offered in the Service that come from third-party pictogram libraries, such as ARASAAC, Sclera, Tawasol or Mulberry, remain subject to their own licenses.
14. Term of the Contract
The Contract takes effect on the date on which the User accepts the Conditions when creating their Account and ends on the date on which their Account is deleted or closed. Articles 3, 9, 10, 12, 13, 14 and 15 of these Conditions will remain applicable to the User and to Pictalk notwithstanding the end of the Contract. Pictalk may decide to suspend or delete the User’s Account, which results in the temporary suspension or permanent termination of the Contract. Where applicable, Pictalk may inform the User of the reason for the suspension or termination of their Contract and, where applicable, of the duration of the suspension, without prejudice to any legal proceedings.
In the event of suspension or termination of the Contract, for whatever reason, the User will no longer have access to the Service, temporarily or permanently as the case may be.
Pictalk may discontinue the operation of the Service. In that case, it informs Users sufficiently in advance to allow them to retrieve their Content.
15. Governing law, complaints and disputes
This Contract is governed by French law.
In the event of difficulty regarding its interpretation or performance, the User first sends a written complaint to Pictalk, at alex@pictalk.org or by post to the registered office, and the User and Pictalk undertake to seek an amicable solution.
If the complaint is unsuccessful, the consumer User may refer the matter, free of charge, to the consumer mediator to which Pictalk belongs: CM2C, 49 rue de Ponthieu, 75008 Paris, https://www.cm2c.net. Recourse to the mediator is not mandatory.
Failing an amicable solution, the dispute will be brought before the competent French courts in accordance with the ordinary rules of law.
16. Pro membership
16.1. Purpose
The Pro membership gives access, for one year, to the teamwork features of the Service (groups, following several people, sharing with colleagues and families) and to priority support. It may be taken out by an organization (institution, service, practice) or by a natural person, for example a parent who supports several people.
The membership does not pay for access to pictograms. Pictograms from third-party libraries under a non-commercial license remain freely accessible to all Users, with or without a membership.
16.2. Price
The Pro membership costs €289 per year including all taxes and covers up to 12 people, including supported people and colleagues. Beyond that, Pictalk draws up a quote. The applicable price is the one displayed at the time of subscription.
16.3. Free trial
The membership may be preceded by a 30-day free trial, with no payment method and no commitment. At the end of the trial, no payment is taken: the Account reverts to the free version of the Service and the Content created during the trial is kept.
16.4. Payment
The membership can be paid, as the member chooses, in the application (Apple’s App Store or Google Play), by bank card via the payment provider Stripe, or by bank transfer on the basis of a quote and then an invoice, including by administrative mandate (mandat administratif) for public bodies. Invoices are payable on the date they indicate.
Where the member is a professional, any late payment automatically gives rise to late-payment penalties at the rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, as well as a fixed compensation of €40 for recovery costs (Articles L441-10 and D441-5 of the French Commercial Code).
16.5. Term and end of the membership
The membership is taken out for one year from its payment. It is not renewed automatically: at the end of the term, the Account reverts to the free version of the Service and the Content is kept. The member may renew their membership at any time. A membership taken out in the App Store or Google Play follows the renewal and cancellation rules of those stores.
16.6. Withdrawal and refund
A member acting in a personal capacity has 14 days from subscription to withdraw, without having to give a reason, by writing to alex@pictalk.org (Article L221-18 of the French Consumer Code). Pictalk grants the same right to organizations. The membership is then refunded within 14 days, using the payment method used. A purchase made in the App Store or Google Play is refunded according to the procedure of those stores.