Platform Terms of Service

This agreement is between you, as an adult account holder or invited team member, and Prodia Systems Limited (company number 822962), registered in Ireland.

It covers the EyeSay console, the EyeSay communicator app delivered as an installable web app, and any related support we provide during early access. EyeSay is currently in private early access and is supplied at no charge; the interim web app exists while a native iPad version is developed.

We do not assert that EyeSay is a medical device, and it is not offered for a medical purpose within the meaning of medical device law. Always keep an appropriate backup means of communication and emergency contact available.

You must be at least 18 years old to create an EyeSay account. You are responsible for the accuracy of your account details, for keeping your credentials confidential, and for activity carried out under your account. Tell us promptly at contact@prodiasystems.com if you believe an account has been compromised.

Team access is granted per profile and per role. Do not share a single account between people; invite each adult separately so that access and audit records remain meaningful.

By creating or configuring a communicator profile you confirm that:

• you are the communicator's parent or legal guardian, or you act with that guardian's documented authority, or you have another lawful basis under your organisation's own data protection arrangements;
• you have the authority to enter the personal details you add about that communicator and about the people, places and activities in their world;
• you will respect the communicator's own privacy and their right to communicate freely, including refusal, complaint, humour and self-advocacy.

Where a school, clinic or service uses EyeSay, that organisation is responsible for its own lawful basis, its own parental communication and its own internal access decisions.

The communicator does not enter into a contract with us and is not required to accept any terms in order to speak. The product is built so their language stays theirs:

• permanent vocabulary positions do not move as a side effect of context, suggestion or ordinary editing;
• nothing is spoken, sent or recorded as the communicator's words unless the communicator selects it;
• partner-facing model features can highlight cells but cannot insert into the communicator's message or trigger their speech;
• the communicator's own message history stays on their device by default and is not shown to adults as a transcript.

You agree not to configure or use EyeSay in a way that defeats these protections, and not to use it as a surveillance or compliance-enforcement tool.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the console and the communicator app for the benefit of the communicators you support, in accordance with these terms. You may install the web app on the devices you control for that purpose.

You may not sublicence, resell, rent or provide EyeSay as a service to third parties, and you may not copy, reverse engineer or create derivative works except where that right cannot lawfully be excluded.

You agree not to:

• use EyeSay unlawfully, or to harass, harm or discriminate against any person;
• attempt to access data belonging to another account or profile, or bypass authentication or access controls;
• interfere with the service, upload malicious code, or place unreasonable automated load on it;
• enter content into a communicator profile that you have no lawful authority to enter, or that is unlawful or grossly inappropriate.

You keep ownership of the configuration and content you create. You grant us only the licence we need to host, process, back up and display it in order to provide the service to you and your team, and we do not use it for advertising or to build advertising profiles.

Photos used in the communicator's Show Me feature are selected on the device and are not uploaded to us by default. If you use a photo of another person, you are responsible for having their permission — or their guardian's — before doing so.

We provide the service with reasonable care and skill, but during early access we do not offer an uptime commitment. We may update, change or discontinue features; where a change materially reduces functionality you rely on, we will give reasonable notice where we can.

The communicator app is designed to keep working offline once set up, within the limits of your browser and device. Cloud sync is supplementary.

We will send you service messages about your account, security and material changes; these are part of the service rather than marketing. Any marketing email is separate, optional and unticked, and you can unsubscribe at any time.

Our processing of personal data is described in the privacy notice, with the child-facing layer in the child privacy notice. Our controls and disclosure process are in the security statement. You are responsible for security on your side: device passcodes, screen locks, and who you invite to a profile.

Where you act as a controller in your own right — for example a school or clinic — and our role is that of processor for some activity, we will put an appropriate data processing agreement in place on request.

You can ask us to export your configuration data in a structured, commonly used format, and you can close your account at any time. On closure we delete or anonymise account and configuration data as described in the privacy notice, except where a legal obligation requires retention. Device-local data is removed by removing the app or clearing its data on the device.

We may suspend or terminate access where you materially breach these terms, where there is a security or legal risk, or where we discontinue the service. Except in urgent cases we will give notice and, where reasonable, a chance to put the breach right. We will give you a fair opportunity to export before deletion.

EyeSay, its software, design system, symbol treatments, wordmark and mark remain the property of Prodia Systems Limited or our licensors. These terms grant you a licence, not a transfer of ownership. Feedback you send us may be used to improve the product without obligation, and it never gives us rights in your content.

EyeSay includes open-source components used under their own licences, and relies on third-party infrastructure providers listed in the provider register. Speech output uses voices provided by your own operating system or browser, and those voices are governed by your device vendor's terms.

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. If you are a consumer, your mandatory statutory rights — including rights relating to the supply of digital content and digital services under the Consumer Rights Act 2022 — are unaffected by these terms.

Subject to that, and to the extent permitted by law: EyeSay is provided as described rather than warranted error-free; we are not liable for loss of profit, loss of business or purely indirect or consequential loss; and our total liability arising in connection with the service is limited to the amount you paid us for it in the 12 months before the claim, or, where the service was supplied free of charge, to EUR 100. This cap does not apply to consumers where the law does not permit it.

If you use EyeSay in the course of a business, profession or organisation, you will indemnify us against reasonable losses arising from your unlawful use of the service, your breach of these terms, or your entering content into a profile without lawful authority. This clause does not apply to you as a consumer.

These terms are governed by Irish law and the courts of Ireland have jurisdiction. If you are a consumer resident in the EU or EEA, you keep the protection of the mandatory consumer law of your country of habitual residence, and you may bring proceedings in the courts of that country where the law gives you that right. Nothing here removes access to any available alternative dispute resolution or to the European Consumer Centre network.

We may change these terms as the product develops. The version stamp and date at the top of this page identify the current text. For a material change we will give notice through the console or by email before it takes effect, and where the change disadvantages you, you may close your account instead of accepting it.

Pre-contract consumer information for any future paid plan is described in the consumer information page. Questions: contact@prodiasystems.com.