Picture Speech

Capture and listen. Don't just read.

Picture Speech End-user Licence Agreement

This end-user licence agreement (EULA) is a legal agreement between you (End- user or you) and Unionloft Software Limited of Rotterdam House, 116 Quayside, Newcastle upon Tyne, NE1 3DY, United Kingdom (Licensor, us or we) for use of the Picture Speech application software, as well as of the data supplied with that software (App).

We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore Rules) from whose site the App is made available for download, from time to time. (Appstore) We do not sell the App to you. We remain the owner of the App at all times.

Operating system requirements

This App requires a handheld computing device with a high quality camera and the iOS7 or higher operating system (or such other operating system, on such other digital distribution platforms as we specify as being compatible with the App, from time to time).

Important notice:



You should print a copy of this EULA for future reference.



Agree terms


  1. Acknowledgements
    1. The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.

    2. We may change these terms at any time in which case the new terms will be displayed on-screen and you will be required to read and accept them to continue your use of the Services.

    3. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

    4. You will be assumed to have obtained permission from the owners of the handheld devices that are controlled, but not owned, by you and described in condition 2.1 (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

    5. The terms of our privacy policy from time to time, available at www.picturespeech.com (Privacy Policy) are incorporated into this EULA by reference and apply to the Services. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

    6. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.

    7. Certain Services, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Devices.

    8. The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

    9. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
  2. Grant and scope of licence

    1. In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

    2. You may download or stream a copy of the App onto such number of Devices as is specified in the Appstore Rules and may view, use and display the App on the Devices for your personal purposes only.
  3. Licence restrictions

    1. Except as expressly set out in this EULA or as permitted by any local law, you agree:

      1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

      3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:

        1. is used only for the purpose of achieving inter-operability of the App with another software program;

        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

        3. is not used to create any software that is substantially similar to the App;

      5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

      6. to include our copyright notice on all entire and partial copies you make of the App on any medium;

      7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

      8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
  4. Acceptable use restrictions

    1. You must:

      1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

      2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);

      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

      4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

      5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  5. Intellectual property rights

    1. You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.

    2. You acknowledge that you have no right to have access to the App in source- code form.

    3. You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights (which shall include, without limitation, a third party’s copyright) arising out of or in connection with your use of the App or any Service. This clause 5.3 shall survive the termination of this EULA.
  6. Data protection issues

    1. You acknowledge that the App’s functionality requires the collection of data, and that such data will include personal data as defined in the Data Protection Act 1998.

    2. For the avoidance of doubt, we agree to comply with the Data Protection Act 1998 when processing personal data in connection with the operation of the App.

  7. Limitation of liability

    1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

    2. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we accept no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    3. Subject only to clause 7.4, under no circumstances shall we be liable to you for any amount.

    4. Nothing in this EULA shall limit or exclude our liability for:

      1. death or personal injury resulting from our negligence;

      2. fraud or fraudulent misrepresentation; and

      3. any other liability that cannot be excluded or limited by English law.
  8. Termination

    1. We may terminate this EULA immediately by written notice to you:

      1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

      2. if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.

    2. On termination for any reason:

      1. all rights granted to you under this EULA shall cease;

      2. you must immediately cease all activities authorised by this EULA, including your use of any Services; and

      3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.

  9. Communication between us

    1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by prepaid post to Unionloft Software Limited at Rotterdam House, 116 Quayside, Newcastle upon Tyne, NE1 3DY, United Kingdom or by e-mail to support@unionloft.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.

    2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
  10. Events outside our control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).

    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
      1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

      2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
  11. Other important terms

    1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

    2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

    3. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    5. Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Picture Speech Application Privacy Policy

Unionloft Software Limited (We) are committed to protecting and respecting your privacy.

Scope of policy

This App requires a handheld computing device with a high quality camera and the iOS7 or higher operating system (or such other operating system, on such other digital distribution platforms as we specify as being compatible with the App, from time to time).

Important notice:

This policy together with our end-user licence agreement as set out at www.picturespeech.com (EULA) applies to your use of:

This policy sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.

For the purpose of the Data Protection Act 1998, the data controller is Unionloft Software Limited of Rotterdam House, 116 Quayside, Newcastle upon Tyne, NE1 3DY, United Kingdom.

Information we may collect from you

We may collect and process the following data about you:

Cookies

Our Sites may from time to time use cookies to distinguish you from other users of Our Sites. This may help us to provide you with a good experience when you use the App or browse Our Sites and also allows us to improve the App and Our Sites. For detailed information on the cookies We use and the purposes for which We use them, see the cookie policy on our website: www.picturespeech.com.

Where we store your personal data

The data that We collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. These staff may be engaged in the fulfilment of your request, order or reservation, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services that may be of interest to you. We or they may contact you about these by post or telephone.

If you are an existing customer, We will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those that were the subject of a previous sale to you.

If you are a new customer, and where We permit selected third parties to use your data, We (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which We collect your data.

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.

We may disclose your personal information to third parties:


Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if We intend to use your data for such purposes or if We intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms We use to collect your data. You can also exercise the right at any time by contacting us at support@unionloft.com.

Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

Access to information

The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information We hold about you.

Changes to privacy policy

Any changes We may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail or by notifying you of a change when you next start the App or log onto one of the Services Sites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@unionloft.com.