Terms and Conditions

December 22, 2023 – Version 1.01

Terms and Conditions

Regarding the Agreement for PictureMyLife Journal

Definitions used in PictureMyLife:

Journal. PictureMyLife provides a digital, multimodal contact and communication journal as a service through a web application. The Journal allows users to post messages, respond, create instructions, and foster communication in various ways, all with the goal of supporting the Primary User. The Journal is the technical solution that enables, for example, communication between Invitees.

Primary User. The person for whom the Journal/Services are created. A ‘child with many names’—commonly referred to as the user, client, participant, or student. We use “Primary User” to emphasize the importance of this person.

Formal Owner. If the Primary User is an adult, they are also the Formal Owner of the content in the Journal. If the Primary User is a minor, their guardian, legal representative, or trustee is considered the Formal Owner of the Journal content. The Formal Owner does not necessarily have to be the same person as the Subscriber.

Subscriber. The person or organization paying for the subscription and considered the customer in daily practice. This may be a legal entity such as a school or an organization offering residential care or daytime activities, a parent, or the Primary User themselves. A Subscriber who is not the Formal Owner must always obtain the Formal Owner’s consent to start a Journal.

Administrator. The Subscriber also becomes the Administrator of the Journal. The Administrator has the broadest level of control and access within the Journal.

Invitees. Individuals invited to collaborate in the Journal, such as staff, family members, loved ones, or friends.

1. Introductory Provisions – General Information about the Journal

1.1 PictureMyLife Communication AB, 556982-7792 (“PictureMyLife”, “we”, or “us”) provides a digital, multimodal contact/communication journal (“Journal”) as a service through a subscription. PictureMyLife is intended for children, young people, and adults (referred to here as “Primary Users”) who need communicative support, as well as for family members and caregivers looking to improve everyday communication.

1.2 The Journal is specified and agreed upon in the “Subscription Agreement” between PictureMyLife and the Subscriber.

1.3 These Terms and Conditions govern the scope of and access to the Journal for the Subscriber and form an annex to the Subscription Agreement.

1.4 A user is assigned a specific role when invited to the Journal. This role determines what rights they have. The Subscriber’s role is referred to in the Journal as Administrator or Admin—this refers to the representative of the Subscriber (e.g. a teacher or caregiver) who is authorized to grant access to the Journal for the Primary User, their guardian/legal representative, and others via invitation.

1.5 Terms used herein but not defined shall have the meanings assigned in the Subscription Agreement or the Terms of Use.

2. License, Usage Rights, and Acceptance of the Terms

2.1 PictureMyLife grants the Subscriber a non-exclusive, non-transferable, time-limited right to use the Journal in accordance with the Agreement. This license is conditional upon proper and timely payment. The Subscriber may not sublicense the Journal. Each subscription includes access for up to 30 Invitees (e.g. family members, caregivers, teachers), whom the Administrator may invite to view and participate in the Journal.

2.2 By signing the Subscription Agreement and/or creating a Journal, the Subscriber accepts these Terms and Conditions. This means that PictureMyLife and the Subscriber enter into an agreement governed by these Terms and Conditions.

2.3 Invitees accept the Terms and Conditions, Terms of Use, and Privacy Policy at the time they accept their Journal invitation. If an Invitee is a minor, the guardian or legal representative must provide consent.

2.4 The most recent version of these Terms and Conditions is available on our website: www.picturemylife.nl

3. Delivery of the Journal by PictureMyLife

3.1 PictureMyLife shall provide the Journal professionally and in accordance with the Agreement. Upon entering into the Subscription Agreement, the Subscriber must also accept the Data Processing Agreement, Terms and Conditions, Terms of Use, and Privacy Policy to use the Journal.

3.2 PictureMyLife has the right to engage subcontractors to fulfill its obligations under the Subscription Agreement. PictureMyLife is responsible for the subcontractor’s work as if it were its own.

3.3 PictureMyLife uses third-party technology for the development and operation of the Journal, including development tools, protocols, internet, and communications. PictureMyLife is not liable for the functionality of third-party technology.

3.4 In the event of defects in the Journal, PictureMyLife will remedy the issue within a reasonable timeframe, considering the complexity, nature, and relevance of the issue to the Subscriber.

4. Use of PictureMyLife

4.1 The provisions governing the use of PictureMyLife are detailed in the Terms of Use, available at www.picturemylife.nl

4.2 If PictureMyLife processes personal data on behalf of the Subscriber, the parties have entered into a separate Data Processing Agreement.

Additionally, the individual publishing content in the Journal is responsible for that content and is considered the data controller for the associated data processing.

The Privacy Policy is available at www.picturemylife.nl

5. Fees and Payment

5.1 The Subscriber must pay the fee (“Fee”) as outlined in the Subscription Agreement. The Fee is payable in advance via invoice or card payment, in the manner and at the intervals specified in the Subscription Agreement. Invoices must be paid within 30 days of the invoice date. In addition to the license fee, the Subscription Agreement may include fees for specific services, such as training or onboarding.

Card payments are processed via Nets (the payment processor) and subject to their terms.

5.2 If access to the Journal is provided under an agreement between PictureMyLife and a third party (e.g. school, care facility), that third party becomes the Subscriber and is responsible for payment. The Formal Owner does not need to pay in that case. However, if the agreement with the third party ends, the Formal Owner may take over the subscription and its payment obligations, and must sign a Subscription Agreement and provide payment details (e.g. credit card or invoice information) to continue using the Journal.

5.3 PictureMyLife may adjust the subscription fee annually. Notification of the new price must be given before the next annual period. If the Subscriber objects to the price increase within 30 days in writing (or fails to make the new monthly payment if on a monthly plan), the Agreement will end on the last day of the current subscription period. Otherwise, the new price is deemed accepted.

5.4 Annual subscriptions are non-refundable if the Subscriber terminates early.

5.5 Late payments will incur statutory interest as per Swedish law. Reminder and collection costs will also be charged to the Subscriber.

[DEEL 2 volgt direct hieronder – even laden…]

[Vervolg – Deel 2 van de Engelse vertaling]

6. Closure of the Journal

PictureMyLife may close or restrict access to the Journal if:

• The Subscriber is late with payment and, despite a reminder, fails to pay the overdue amount within 30 days; or

• The Subscriber or any Invitees have breached the Agreement (including the Terms of Use) and do not remedy the breach within 30 days after written notice via email from PictureMyLife; or

• The Subscriber or any Invitees breach the Agreement in a way that cannot be remedied without damaging PictureMyLife or the Journal’s reputation.

7. Confidentiality

7.1 Each party agrees not to disclose any confidential information obtained through the use or provision of the Journal. “Confidential information” means all information related to the Journal, except for:

(a) information that is publicly available or becomes public other than through a breach of this Agreement,
(b) information demonstrably already known by the receiving party,
(c) information lawfully received from a third party without a duty of confidentiality, or
(d) information required to be disclosed by law, regulation, court order, or stock exchange rules.

7.2 “Third party” does not include subsidiaries or subcontractors/collaborators of PictureMyLife.

7.3 This confidentiality obligation remains in effect for three (3) years after termination of the Agreement.

8. Intellectual Property Rights

8.1 Providing access to the Journal does not transfer any intellectual property or copyright to the Subscriber. All ownership and rights to the Journal remain with PictureMyLife.

8.2 PictureMyLife does not claim ownership or copyright of any content uploaded by Invitees to the Journal.

8.3 PictureMyLife agrees to compensate the Subscriber for damages or settlements resulting from a confirmed infringement of intellectual property rights in Sweden, caused by the Subscriber’s use of the Journal in accordance with this Agreement.

If such an infringement is confirmed, PictureMyLife may, at its own expense and choice:
(i) grant the Subscriber continued rights to use the Journal,
(ii) replace the infringing component, or
(iii) terminate the Agreement and refund the most recent 12 months of fees.

8.4 Likewise, the Subscriber agrees to indemnify PictureMyLife if any content they or their Invitees provide infringes on third-party rights.

8.5 These obligations are subject to the condition that the affected party is promptly informed of the claim and given the opportunity to handle the matter and negotiate any settlement.

8.6 PictureMyLife is not liable for infringements resulting from the Subscriber’s misuse of the Journal or modifications made to the Journal. In such cases, the Subscriber shall indemnify PictureMyLife for all related costs and damages.

8.7 The Administrator, Primary User, and Invitees may download, display, or print Journal content only in accordance with applicable data protection laws. This content is for personal, non-commercial use only and does not imply any transfer of ownership.

8.8 All copyright notices and proprietary labels must be retained on any copies of the Journal or its content.

9. Amendments to the Terms and Conditions

9.1 PictureMyLife may revise these Terms and Conditions at any time.

9.2 The Subscriber will be informed of such changes before they take effect.

9.3 Continued use of the Journal for 30 days after notice of changes constitutes acceptance of the updated Terms.

9.4 If the Subscriber does not accept the changes, access to the Journal may be restricted or terminated. No refunds are provided in such cases.

10. Liability for Damages

10.1 Unless otherwise stated, each party is liable for direct damages caused by negligence. Indirect damages (such as lost profits or incidental costs) are not covered unless otherwise agreed in writing.

10.2 PictureMyLife’s total liability is limited to the annual subscription fee paid for the Journal in question.

10.3 These limitations do not apply in cases of willful misconduct, gross negligence, personal injury, or liability imposed by mandatory law.

11. Claims

11.1 Requests for compensation or fee reductions must be submitted within one (1) month of discovering (or when reasonably expected to discover) the issue.

11.2 All claims must be submitted in writing.

12. Force Majeure

If PictureMyLife is unable to fulfill its obligations due to circumstances beyond its control (e.g. lightning strike, labor conflict, fire, power outage, communication disruption, natural disaster, government regulation, pandemic, public authority intervention, or subcontractor issues due to similar causes), the delivery deadline is extended and PictureMyLife is exempt from liability.

13. Assignment of Agreement

Each party may freely assign its rights and obligations under these Terms to a third party or engage subcontractors for the performance of the obligations.

14. Termination or Transfer of Agreement

14.1 The Subscriber may terminate the Agreement at any time, subject to section 5.4. PictureMyLife may terminate the Agreement immediately in case of material breach not remedied within 30 days after notice. Any use of the Journal that risks reputational harm to PictureMyLife will be considered a material breach.

14.2 Upon termination of the subscription, all users will lose access to the Journal. If the subscription is taken over (e.g. by the Primary User or another party), the new Administrator is responsible for managing Invitee access rights. Journal entries are not deleted upon transfer unless otherwise instructed.

15. Notices

Notices required under this Agreement must be sent via email, courier, or registered mail to the recipient’s address specified in the Agreement or as updated.

A notice is considered received:

• by email: on the next business day after sending,

• by courier: upon delivery,

• by registered mail: three days after posting.

16. Support

Support is primarily available via support@picturemylife.se. In most cases, inquiries will be answered within a few hours on all days, though delays may occur during weekends or holidays.

17. Disputes and Governing Law

17.1 Any disputes shall first be resolved through negotiation. If unresolved, the dispute shall be submitted to the district court of Örebro (Örebro tingsrätt), Sweden, under Swedish law.

17.2 If any provision of these Terms is deemed invalid or unreasonable, it shall be modified or removed without affecting the validity of the remaining provisions.