Terms of Use
November 20, 2023, Version 1.0
Terms of Use
For the use of the PictureMyLife Journal
The following definitions are used in PictureMyLife
Journal. The web app provided as a service by PictureMyLife, a digital, multimodal contact and communication journal. In the Journal, users can post messages, respond, create instructions, and promote communication in various ways, with the goal of supporting the Primary User. The Journal is the technical solution that enables communication between Invitees.
Primary User. The person for whom the Journal is created. A ‘child with many names’, commonly referred to as user, client, participant, or student. We use the term “Primary User” to emphasize the importance of this person.
Formal Owner. If the Primary User is of legal age, they are also the Formal Owner of the content in the Journal. If the Primary User is a minor, the guardian, legal representative, or administrator is the Formal Owner of the content in the Journal. The Formal Owner does not necessarily have to be the same person as the Subscriber.
Subscriber. The person paying for the subscription and considered the customer in practical terms. This may be a legal entity, such as a school or organization offering residential or day care, a parent, or the Primary User themselves. A Subscriber who is not the Formal Owner must always obtain the Formal Owner’s permission to initiate a Journal.
Administrator. The Subscriber also acts as the Administrator of the Journal. The Administrator has the most extensive role in the Journal.
Invitees. Individuals invited to collaborate in the Journal, such as staff, family, close friends, and relatives. In these Terms of Use, the Subscriber, Formal Owner, and Primary User are also considered Invitees.
1. General Information about the Journal
1.1 PictureMyLife Communication AB, 556982-7792 (“PictureMyLife,” “we,” or “us”) provides a digital, multimodal contact and communication journal (“Journal”) as a subscription-based service.
These Terms of Use govern access to and use of the Journal and are intended for adults. If you are a minor, a parent or guardian must consent to these terms.
The Journal is intended for people who need communicative support in daily life, our Primary Users.
The Journal enables communication between Primary Users, family, friends, and staff using images, audio, video, and text. It can be used at home, in schools, at day programs, and in residential care to facilitate communication.
1.2 PictureMyLife is a web app and can be used on mobile phones, tablets, or computers via a modern browser, such as Chrome, Safari, or Firefox. It can be saved to the home screen like an app. No download is required to get started.
2. Usage
2.1 The Subscriber pays the fee for the Journal.
2.2 Pricing and payment terms are specified in the Subscription Agreement.
2.4 To start a subscription, the Subscriber must provide the required information to PictureMyLife, such as contractual data, payment information, contact details, and information about the Primary User. See our Privacy Policy on our website for how this data is handled.
By subscribing, the Subscriber also becomes the Administrator of the Journal.
2.5 To use the Journal, the Administrator must create a Journal for the Primary User and invite family, friends, staff, etc. The Administrator is responsible for who is invited to the Journal.
2.6 To log in to the Journal, you need an email address and password or may identify using Freja eID or another login service supported by PictureMyLife.
2.7 Login credentials are personal and must be managed securely to prevent unauthorized access. If you lose your password or suspect unauthorized access, change your password immediately.
2.8 We strongly advise against sharing login credentials with others.
3. Acceptance of the Terms of Use
3.1
For Subscribers: By either signing a Subscription Agreement (if you subscribe via invoice) or confirming that you have read and accepted these Terms of Use (if you subscribe via card payment), an agreement is entered into with PictureMyLife, to which these Terms of Use apply.
3.2
For Invitees: You accept the Terms of Use when you accept the invitation to the Diary and confirm that you have read them.
3.3
The latest version of the Terms of Use is available at: https://picturemylife.com/terms-of-use/
4. Rules for Using the Diary
4.1
The Diary must be used in accordance with these Terms of Use.
4.2
Except for use expressly permitted herein or supported by the Diary, it is not allowed, without our written consent, to:
i) distribute the Main Person’s content in another medium without their consent;
ii) alter or modify any part of the Diary or the technical platform;
iii) attempt to gain access to the Diary or content through any technology or means other than those provided by PictureMyLife from time to time, or other functions explicitly designated for this purpose;
iv) circumvent, disable, or otherwise interfere with
(a) security-related features of the Diary,
(b) features that prevent or restrict use or copying of the Main Person’s content, or
(c) features that limit the use of the Diary or materials available through it;
v) use the Diary or its content for the sale or marketing of goods or services;
vi) use or launch robots, spiders, or other automated systems that send messages to PictureMyLife’s servers;
vii) without PictureMyLife’s consent, copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any content or material beyond what is permitted by these Terms of Use; or
viii) upload material protected by third-party copyright.
4.3
The Diary may only be used for its intended purposes and in the intended manner. The formal owner/Administrator is solely responsible for ensuring that use does not cause harm or inconvenience to PictureMyLife or third parties (e.g., through mass requests or spreading viruses), or violate laws or regulations. Use in violation of these Terms of Use may be reported by PictureMyLife to authorities.
4.4
The Diary is provided “as is” at any given time. PictureMyLife does not guarantee that the Diary will always function without interruption or be free from errors or defects. Nor does PictureMyLife guarantee that information obtained through its use is accurate or reliable.
5. Privacy Policy (Processing of Personal Data)
5.1
When using the Diary, PictureMyLife will process personal data. To the extent PictureMyLife is the data controller, it ensures that personal data processing complies with applicable data protection legislation (GDPR). Read more in our Privacy Policy: https://picturemylife.com/privacypolicy/
6. Provision of User Content
6.1
Within the Diary, Invitees may upload their own content, such as images, videos, audio, and text. Such content will be available to all Invitees. PictureMyLife is not responsible for how Invitees use such content.
6.2
Ownership of uploaded content remains with the person who uploaded it or the rights holder who has granted permission under section 6.4.
6.3
The Administrator and Invitees are responsible towards PictureMyLife for the content they upload and its consequences. PictureMyLife is not responsible for user-uploaded content and does not endorse it. We cannot guarantee that the Diary will not contain incorrect, offensive, or inappropriate content. Unless required by law, PictureMyLife is not obligated to remove such content, although we will strive to do so where possible (see also 6.5).
6.4
The Administrator and Invitees are responsible for obtaining all necessary consent, permissions, licenses, or rights to upload content protected by copyright or otherwise. This also includes the right to grant use of the content in accordance with this section.
As a general rule, the person publishing content in the Diary is responsible for it and is considered the data controller for any personal data processing involved. The organization providing PictureMyLife may also be a data controller if it can influence or determine the content.
6.5
We reserve the right to remove content without prior notice if we become aware of it and deem it offensive or inappropriate.
7. Changes to the Diary
The Diary is continuously updated and changed. PictureMyLife has the right to modify the Diary’s form, content, and nature at any time without prior notice.
8. Intellectual Property Rights
8.1
Providing access to the Diary does not transfer any intellectual property rights to the Subscriber. All rights remain with PictureMyLife.
8.2
PictureMyLife does not obtain ownership or copyright to user-uploaded content.
8.3
PictureMyLife is not liable for infringement caused by users violating the Agreement or modifying the Diary. Users must indemnify PictureMyLife against related costs or damages.
8.4
Users may download, display, or print information from the Diary for personal, non-commercial use, in compliance with data protection laws. This does not transfer ownership rights.
8.5
All copyright and ownership notices must remain intact on copies.
9. Changes to the Terms
PictureMyLife may update these Terms of Use at any time. Users will be notified before changes take effect. Continued use 30 days after changes implies acceptance. Otherwise, access may be limited or terminated.
10. Termination
10.1
Subscribers may terminate the Agreement at any time, but fees already paid are non-refundable and the Agreement ends at the next billing period.
10.2
If access is provided through a third party (e.g., school or care provider), the Terms automatically terminate when that agreement ends.
10.3
Upon termination, access to the Diary ends. Users may export content within 90 days. PictureMyLife will store data for 90 days, after which it will be deleted.
If a subscription is transferred, the new Administrator must update user access. Content will not be deleted unless instructed otherwise.
10.4
PictureMyLife may retain anonymized data indefinitely.
10.5
PictureMyLife may suspend or restrict access if users violate these Terms, engage in illegal activity, provide false information, or pose risks to others.
11. Liability
11.1
PictureMyLife’s liability is limited to what is required by mandatory law. We are not liable for damages caused by:
(i) service malfunction,
(ii) removal of content or access restrictions,
(iii) unauthorized access, or
(iv) changes to the service or Terms.
11.2
Liability is limited to an amount equal to one year’s subscription fees.
11.3
Users may be held liable for damages caused by violating these Terms or through negligent or intentional actions.
12. Support
Support is primarily available via support@picturemylife.se. Responses are typically provided within a few hours, though delays may occur during high demand or holidays.
13. Force Majeure
PictureMyLife is not liable for delays or failures caused by circumstances beyond its control (e.g., natural disasters, strikes, power outages, pandemics, government actions, or supplier failures).
14. Miscellaneous
14.1
Communication is conducted electronically via email or the platform. Users must keep their contact details updated.
14.2
Failure to enforce any right does not constitute a waiver.
14.3
Invalid provisions will be adjusted or removed without affecting the rest of the Terms.
14.4
PictureMyLife may transfer its rights and obligations or use subcontractors.
15. Disputes and Jurisdiction
15.1
Disputes shall first be resolved through negotiation. If unresolved, they will be settled in Swedish courts, with Örebro District Court as the first instance, under Swedish law.
15.2
Invalid provisions will be adjusted or removed without affecting the remainder of the Terms.