These Terms of Use (the “Terms”) govern the use of the RomaTalk mobile application (the “App”). The App helps non-verbal children and children with developmental differences to communicate using picture cards with voice output (a means of augmentative and alternative communication, AAC).
Please read these Terms carefully before using the App. By installing, opening or using the App, you confirm that you have read, understood and agreed to these Terms. If you do not agree with the Terms, do not use the App.
1. Who we are
The App is provided by:
- Developer: Serhii Lypii, sole trader (eenmanszaak)
- Address: Juliana van Stolbergstraat 28, 4532 AZ Terneuzen, the Netherlands
- KvK (Chamber of Commerce): 99817039
- BTW (VAT): NL005412268B54
- Email: serhii@lypii.nl
- Website: https://apps.lypii.nl/romatalk/
Hereinafter “we”, “us” and “our” mean the Developer indicated above.
2. Who may use the App
- The App is intended for use by children under the supervision and management of an adult (a parent, guardian, teacher or specialist).
- The App may be configured, these Terms may be accepted and purchases may be made only by a person of full age with full legal capacity under the law applicable to them, acting as a parent, guardian or responsible adult.
- By making a purchase or giving a child access to the App, you confirm that you are such an adult and that you are entitled to act on behalf of the child.
- The configuration and purchase functions are protected by a parent area with a PIN. You are responsible for keeping the PIN safe and for controlling the child's use of the App.
3. Important medical and educational disclaimer
RomaTalk is not a medical device. The App is an assistive communication and educational aid.
- The App is not intended for the diagnosis, treatment, mitigation or prevention of any diseases or conditions.
- The App does not provide medical, psychological, speech therapy, special needs education or other professional advice and is not a substitute for examination, diagnosis, therapy or the recommendations of qualified specialists.
- Decisions about the methods of communication, teaching and therapy for your child should be taken together with qualified specialists.
- The App should be used under the supervision of an adult.
You use the App as an auxiliary tool and at your own responsibility as regards the choice of methods of communication and of the child's development.
4. Licence to use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices that you own or control, solely for personal, non-commercial use.
This licence is not a transfer of ownership. All rights not expressly granted to you are reserved by us and our licensors.
5. Accounts and offline operation
The App does not require the creation of an account, registration or sign-in. The App works offline, except for the verification of the RomaTalk Pro purchase (see section 8), and your data is stored locally on the device. The way data is processed is described in our Privacy Policy, which forms an integral part of these Terms.
6. Your content
- “Your content” means the data that you create or add in the App: profiles, card names, photos and audio recordings, as well as other materials.
- Your content remains yours. We make no claim to ownership of it.
- Your content is stored locally on your device; we have no access to it and receive no licence to it.
- You bear full responsibility for your content and confirm that you hold all the necessary rights to the photos, images, voice recordings and other materials that you add, and that their use does not infringe the rights of third parties or applicable law.
- Since the content is stored locally, you are responsible yourself for keeping it safe and for backing it up by means of your device. Deleting the App leads to the deletion of your local content.
7. Intellectual property
- The App, its name “RomaTalk”, the logo, the design, the program code, the built-in cards, the illustrations and other materials (apart from your content and third-party components) belong to us or to our licensors and are protected by intellectual property law.
- Third-party components. The App uses Twemoji icons, distributed under the Creative Commons Attribution 4.0 (CC BY 4.0) licence; the corresponding attribution is given in the “About the app” section. The App may also include other open source libraries used under the terms of their licences.
- You may not use our trademarks and materials without our prior written consent, except in cases expressly permitted by law.
8. In-app purchases, RomaTalk Pro and donations
- The App can be used free of charge, including the possibility of creating up to 10 of your own cards.
- RomaTalk Pro. This is a one-time purchase (not a subscription) that removes the limit on the number of your own cards and opens up the related functions. Payment is made once.
- Donations (“tips”). Voluntary, optional payments in support of the project; they do not open up any additional functions.
- All purchases are processed by the app store (Google Play or Apple App Store) through their payment systems. We do not receive and do not store your payment details.
- Prices are indicated in the app store and may include applicable taxes. We are entitled to change prices and the set of paid functions; one-time purchases already made are not revoked as a result.
- Purchase verification. When RomaTalk Pro is bought or restored, the App sends the receipt (purchase token) to our verification server in order to confirm that the purchase is genuine and to activate the functions, as described in the Privacy Policy. If the verification does not succeed (for example, if the service is unavailable), the Pro functions may not be activated until the verification succeeds.
- Restoring a purchase. The one-time Pro purchase is linked to your account in the app store, and you can restore it on your devices by the standard means of the store.
9. Right of withdrawal and refunds
- Consumers in the EU/EEA as a general rule have the right to withdraw from a contract for the purchase of digital content within 14 days. At the same time, by purchasing and immediately using digital content (for example, by activating RomaTalk Pro straight after the purchase), you expressly request that performance begin immediately and confirm that you thereby lose the right of withdrawal after performance has been completed in full, in accordance with applicable consumer protection law.
- Refunds are handled in accordance with the policies of the app store through which the purchase was made:
- This section does not limit your mandatory consumer rights provided for by applicable law.
10. Acceptable use
In using the App, you undertake not to:
- infringe applicable law or the rights of third parties;
- copy, modify, distribute, sell, rent out or create derivative works based on the App, except in cases expressly permitted by law;
- decompile, disassemble or otherwise attempt to obtain the source code of the App, except where this is expressly permitted by mandatory provisions of law;
- interfere with the operation of the App, circumvent technical restrictions or protection measures;
- remove or alter notices of copyright and of other rights.
11. Availability and changes to the App
- We aim to keep the App working, however we provide it “as is” and “as available”.
- Individual functions depend on your device and operating system. In particular, voice output by speech synthesis depends on the presence of voices in your operating system; we do not guarantee the presence of a particular voice or language.
- We are entitled to change and update the App, including in order to maintain its operability, compatibility and security. In doing so we keep the main functions that you have already paid for (RomaTalk Pro). If we cease to provide a paid function, you retain the consumer rights provided for by law in respect of the conformity of digital content, including the right to a proportionate reduction of the price or a refund in the applicable cases.
12. Disclaimer of warranties
To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without any express or implied warranties, including implied warranties of fitness for a particular purpose, merchantability and non-infringement.
We do not warrant that the App will work without interruption, without errors or fully in line with your expectations. This section does not affect mandatory consumer rights that cannot be excluded under applicable law.
13. Limitation of liability
To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, special or punitive damages, nor for lost profit or loss of data arising in connection with the use of or the inability to use the App.
Our aggregate liability under these Terms is limited to the amount actually paid by you for the App (if any).
Nothing in these Terms excludes or limits our liability in cases where this is not permitted by law, including for loss of life or damage to health caused through our fault, for intent or gross negligence, and as regards mandatory consumer rights.
14. Suspension and termination
- You may stop using the App and delete it from your device at any time.
- We are entitled to suspend or terminate the licence in the event of a material breach of these Terms by you.
- Termination of the licence does not affect the provisions which by their nature remain in force (intellectual property, disclaimer of warranties, limitation of liability, governing law).
15. Changes to the Terms
We may update these Terms from time to time. The current version is always available at https://apps.lypii.nl/romatalk/terms with the date of the update indicated. In the event of material changes we will notify you in the App or by another available means. Continued use of the App after the changes take effect means that you agree to the updated Terms.
16. Governing law and dispute resolution
- These Terms are governed by the law of the Netherlands, without prejudice to the mandatory consumer protection rules of your country of habitual residence.
- Disputes are subject to consideration by the competent court of the Netherlands, unless otherwise provided by mandatory rules.
- For consumers in the EU: you are entitled to turn to out-of-court consumer dispute resolution mechanisms (ADR) in your country of residence. In the Netherlands, information about such mechanisms can be obtained in particular through the European Consumer Centre (ECC Netherlands).
17. Additional app store terms
These Terms apply in addition to the terms of the app store through which you obtained the App.
17.1. Apple App Store
If you downloaded the App from the Apple App Store, the following applies:
- These Terms are concluded between you and us (the Developer), and not with Apple. We, and not Apple, bear sole responsibility for the App and its content.
- The Developer, and not Apple, bears sole responsibility for the maintenance and support of the App. Apple is under no obligation to provide any maintenance or support services in respect of the App.
- The licence to use the App is limited to a non-transferable licence to use it on Apple devices that you own or control, in accordance with the Usage Rules set out in the App Store terms.
- In the event that the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price to you; to the maximum extent permitted by law, Apple has no other warranty obligations, and any other claims are handled by us.
- We, and not Apple, are responsible for handling claims relating to the App, including claims of product liability, of failure to comply with legislation and of infringement of intellectual property rights.
- You confirm that you are not located in a country that is subject to a US government embargo or that has been designated as “supporting terrorism”, and that you are not included in any lists of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and are entitled to enforce them against you.
- You undertake to comply with the applicable terms of agreements with third parties when using the App (for example, the terms of your mobile operator or of your data plan).
- With any questions, complaints or claims in respect of the App you may contact the Developer: Serhii Lypii, Juliana van Stolbergstraat 28, 4532 AZ Terneuzen, the Netherlands, email serhii@lypii.nl.
17.2. Google Play
If you downloaded the App from Google Play, the Google Play Terms of Service also apply. Google is not a party to these Terms and is not responsible for the App. In-app purchases are processed through Google Play in accordance with the terms of Google.
18. Miscellaneous provisions
- Severability. If any provision of the Terms is held to be invalid, the remaining provisions remain in force.
- Entire agreement. These Terms together with the Privacy Policy constitute the entire agreement between you and us in respect of the App.
- No waiver of rights. Our failure to apply any provision does not mean a waiver of the right to apply it later.
- Assignment. You may not assign rights under these Terms without our consent. We may assign our rights to a successor.
- Feedback. If you voluntarily send us suggestions or feedback about the App, you grant us the right to use them free of charge in order to improve the App, without any obligations towards you and without an obligation of confidentiality in respect of such suggestions.
- Force majeure. We are not liable for non-performance caused by circumstances beyond our reasonable control.
19. Language
This document is presented in English. Where versions in other languages exist, in the event of a discrepancy in interpretation the version in Dutch (NL) prevails, without prejudice to the language version actually provided to you and to your consumer rights.
20. Contacts
For questions related to these Terms: