Licence Agreement for Photosymbols Subscriptions

1. Definitions and Interpretations

Applicable Law	means all applicable laws, legislation, statutory instruments, regulations and governmental guidance within the United Kingdom.
Commercial Use Subscription	means the provision of Services provided by Photosymbols Ltd on the basis of a Commercial Use Subscription which allows the User to advertise and sell products, designs, artwork and other goods which are offered by us via the Services.
Conditions	means Photosymbols terms and conditions as set out on its website;
Intellectual Property Rights	means copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in software, rights in Confidential Information, rights to invention, rights to sue for passing off, domain names and all other intellectual property rights and similar rights.
Licence Manager	means the individual in control of a Multi User Subscription on behalf of an organisation who has the authority to create sub-accounts within the scope of the Multi User Subscription.
Modes	Modes refer to the distinct features of the Services provided by Photosymbols Ltd, designed to enhance the user experience and facilitate the creation, management, and use of Easy Read content. These Modes include: Design Mode: A feature that allows users to create Easy Read documents using predefined templates. Write Mode: Powered by ERIN (Easy Read Information Navigator), this mode provides users with tools to create clear and easily understandable text summaries using AI technology. Pictures Mode: This mode offers users access to a comprehensive library of images. Organise Mode: A management feature where users can keep track of their saved favourites, personal and team uploads, and documents created in Design Mode.
Multi User Subscription	means the provision of Services provided by Photosymbols Ltd on the basis of its multi user subscription, where a multi user subscription must be held by an organisation with a designated Licence Manager and only employees of that organisation are entitled to access the Services.
Publisher Subscription	means the provision of Services provided by Photosymbols Ltd on the basis of its Publisher Subscription, which are offered to large organisations involved in creating and sharing free materials to the public.
Individual Subscription	means the provision of Services provided by Photosymbols Ltd on the basis of its individual subscription which is for one individual user only.
Services	means the provision of Services provided by Photosymbols through its Website and its subscriptions.
Subscription	means any individual user, multi user, commercial use, publisher subscription entered into by a User.
User	means the individual consumer or organisation who entered into an agreement with Photosymbols Ltd.
Website	means www.photosymbols.com owned and operated by Photosymbols Ltd which provides its Services
We, Us, Our You or Your	means Photosymbols Ltd; means the User

2. Introduction

2.1 If you enter into a Subscription with us you agree to be legally bound by this agreement.

2.2 When purchasing a Subscription on our Website you agree to be legally bound by our Conditions and any documents referred to in them.

3. Your privacy and personal information

3.1 Our Privacy Policy is available at www.photosymbols.com/pages/privacy-notice.

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. Entering into a Subscription with us

4.1 Below, we set out how a legally binding contract between you and us is made.

4.2 You purchase a Subscription on our Website or directly with us through phone, email or contact form. Please read and check your purchase carefully before submitting it. You will be able to correct any errors before submitting your purchase to us. Once you have purchased a Subscription, your Subscription begins immediately.

4.3 Once your purchase is submitted, you are not entitled to a refund for the Subscription entered into.

4.4 Each Individual User must have their own unique username and password. You are not allowed to share your Subscription log in details with any third party.

4.5 Licence Managers must make sure only authorised Users of a Multi User Subscription can log in and use the digital content contained within the Subscription. It is the obligations of the Licence Manager to ensure that Photosymbols Ltd is not used by the Users for any purposes that would be seen as derogatory or harmful to the reputation of Photosymbols Ltd, including but not limited to anything deemed offensive, promotes hatred or is identified as pornographic.

4.6 Licence Managers are permitted to reassign individual logins to accommodate changes such as staff turnover or extended leave at our discretion. The total number of individuals accessing the Services must not exceed the number of licensed logins purchased at any time. Sharing logins by systematically switching access between Users is not permitted and constitutes a breach of this agreement.

5. Permission to use the digital content

5.1 When you purchase a Subscription, you have access to the digital content available via our Website, including the use of Pictures Mode, Design Mode, Write Mode, and Organise Mode. You may download the digital content, but you will not own it or any intellectual property rights in it. Instead, we grant you a license to use it for the purpose of you using and enjoying it in accordance with this agreement and the Conditions.

5.2 The digital content:

5.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with this agreement, Conditions and local laws;

5.2.2 is non-exclusive to you. We may supply the same or similar digital content to other Users;

5.2.3 may be downloaded as many times as you want during the course of the Subscription, subject to a limit of 100 images within any rolling 24-hour period, or one bulk download of 100 images per day. If you wish to download more than 100 images in a day, you must request express permission from us by email to ask@photosymbols.com;

5.2.4 including any documents, websites, templates, photographs, or other media created or used by Users must display the official license number badge, which can be downloaded from the account page via our Website;

5.2.5 may not be:

(a) used once the Subscription term ends;

(b) stored on a hard drive, external disc, flash drive, or website, or in any other medium, whether electronic or otherwise, except as graphics for use in a page design;

(d) distributed or sold by you to any third party (subject to the type of Subscription you have);

5.2.6 is owned by us. You must not conceal, change, or remove any markings which show who owns this information or intellectual property rights, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

5.3 Restrictions on AI and Machine Learning: You are not permitted to use any digital content, including but not limited to images, text, and software code, obtained through your Subscription for the purpose of Artificial Intelligence (AI) training, machine learning, or any automated data collection and analysis without our express written consent. This includes the development of AI models, algorithms, or the use of our content for data mining or similar data gathering and extraction tools.

5.4 Except where you have permission to use the digital content under this clause 5, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.

5.6 Early Access: Users may be offered early access to new features such as Design Mode and Write Mode as part of an Early Access Community. Participation may be subject to additional terms and conditions.

6. Download

6.1 Access to the digital content will be available for download immediately upon purchasing a Subscription.

6.2 If something happens outside of our control that affects your ability to download the digital content, we will notify you when you can expect to be able to download it again.

6.3 You may store no more than 250 images locally at any given time. These images must be deleted from your local storage within 90 days of download. You are responsible for managing your local image inventory to ensure adherence to this limit.

7. Payment

7.1 We will do all that we reasonably can to ensure that all of the information you give us when paying for a Subscription is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this agreement or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

7.2 Your credit card or debit card will be charged immediately on purchase of a Subscription. Alternatively, if a User raises a purchase order with us, you will receive an invoice from us for payment to be paid to us within 30 days.

7.3 All prices are available in the local currency of the User and include VAT at the applicable rate (if appropriate).

8. Nature of the digital content

8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality.

8.2 We are under a legal duty to supply digital content that is in conformity with this contract.

8.3 When we supply the digital content:

8.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;

8.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our site; and

8.3.3 In addition to existing content, you acknowledge that new features such as Design Mode and Write Mode may include minor errors or bugs during their initial rollout, especially if accessed through the Early Access Community. We will use reasonable efforts to correct these issues as they are identified..

9. Faulty digital content

9.1 Nothing in this Agreement affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

9.2 If the digital content is faulty, please contact us using the contact details as found on our Website.

10. End of the contract

10.1 Each Subscription is entered for a minimum term of 12 months. Each Subscription will end automatically following 12 months.

10.2 We will endeavour to contact you 30 days before your Subscription ends to determine whether you wish to renew.

10.3 If you do not renew the Subscription, the Subscription will end and you and any other sub-accounts (depending on the type of Subscription entered) will no longer be able to use the Services.

10.4 Upon the end of the Subscription, all downloaded images must be deleted from your local storage. However, any completed resources created during the Subscription period may continue to be used in accordance with this agreement.

11. Termination

We reserve the right to terminate the Subscription in the event you are in breach of this agreement or the Conditions.

12. Limitation on our liability

12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

12.1.1 losses that were not foreseeable to you and us when the agreement was formed;

12.1.2 losses that were not caused by any breach on our part;

12.1.3 business losses; or

12.1.4 losses to non-consumers.

13. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

14. Disputes

14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, the Services offered by us or any other matter, please contact us as soon as possible using the contact details set out on our Website.

14.2 The laws of England and Wales apply to this contract.

14.3 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales.