GENERAL TERMS OF USE (GTU)

GENERAL TERMS OF USE (GTU)

GENERAL TERMS OF USE (GTU)
Last updated: 01/01/2025

These General Terms of Use (hereinafter referred to as the “GTU”) define the terms and conditions under which YANOVA (hereinafter referred to as the “Company”) provides the LEGALYA service (hereinafter referred to as the “Service”), accessible at www.legalya.eu.

By accessing and using the Service, any person (hereinafter referred to as the “User” or the “Client”) expressly and unconditionally agrees to these GTU. It is recommended that all Users read these GTU carefully before using the Service.


1. Definitions

For the purpose of these GTU, the following terms shall have the meanings ascribed to them:

  • Company: Refers to YANOVA, the publisher of the LEGALYA Service, offering SaaS software specialized in facilitating compliance with GDPR and AI-ACT regulations.
  • Service: Refers to the LEGALYA software platform, accessible online at www.legalya.eu, which includes all functionalities provided to Users (e.g., management of processing records, requests, incidents, AI, document management, task management, etc.).
  • User or Client: Refers to any natural or legal person who has subscribed to a plan or is using the trial access to the Service and has accepted these GTU.
  • Subscription: Refers to the paid plan subscribed by the User to access the Service beyond a potential trial period, under the pricing and conditions defined on the Website.
  • Website: Refers to the www.legalya.eu website that provides access to the Service.
  • Data: Refers to all information, texts, documents, and content that the User inputs, stores, or transmits through the Service.

2. Purpose

These GTU establish the rights and obligations of the Company and the User in connection with the use of the Service. They apply to all uses of the Service, whether as a free trial or under a paid Subscription.

Using the Service constitutes full and unconditional acceptance of these GTU. If the User disagrees with the provisions of the GTU, they are required to refrain from using or accessing the Service.


3. Access to the Service

Availability: The Service is accessible 24/7, except for interruptions, whether scheduled or not, for maintenance or force majeure. The Company undertakes to take all reasonable measures to ensure the availability of the Service but is not bound by an obligation of result.

Technical requirements: To access the Service, the User must have an internet connection and appropriate equipment (computer, tablet, smartphone, compatible web browser, etc.). All costs related to internet access (equipment, software, internet subscription) are borne solely by the User.

Security: The User is responsible for maintaining the confidentiality of their username and password. Any action performed via the User’s account is deemed to have been carried out by the User. In the event of loss, theft, or suspicion of unauthorized use of their credentials, the User agrees to inform the Company immediately using the contact details provided in Article 16.


4. Account Creation and Subscriptions

Registration: To benefit from the Service, the User must create an account by providing accurate, up-to-date, and complete information. The User agrees to update this information regularly.

Subscription plans: Various Subscription plans may be offered based on the desired functionality, commitment duration, or number of internal users. The terms and pricing are available on the Website and may be modified by the Company under the conditions outlined in Article 13.

Trial period: The Company does not offer a free trial period.

Duration and renewal: Unless otherwise specified, Subscriptions are entered into for an initial period (monthly, annual, etc.) as defined in the chosen plan and are automatically renewed for an identical duration unless terminated by either party under the conditions set out in Article 13.


5. User Obligations

Accuracy of information: The User agrees to provide accurate and complete information during registration and to keep this information up to date.

Proper use: The User agrees to use the Service in compliance with applicable laws and regulations, as well as these GTU. They shall refrain from any abusive, fraudulent, or illegal use.

Content: The User is solely responsible for the content they input or upload to the Service. They agree not to publish content that is contrary to public order, morality, defamatory, offensive, violent, pornographic, or incites racial hatred, or infringes the rights of third parties (intellectual property rights, image rights, etc.).

Personal data: In using the Service, the User may process personal data of third parties. The User must comply with the General Data Protection Regulation (GDPR) and any applicable national laws in this regard.


6. Company Obligations

Service provision: The Company provides the User with a Service to manage GDPR and AI-ACT compliance, including managing processing records, requests, incidents, AI, document management, and task management.

Maintenance: The Company ensures the corrective and evolutionary maintenance of the Service to offer a reliable and efficient service. This may require temporary suspension of access to the Service.

Support: The Company may provide assistance to the User in case of difficulties using the Service, according to the modalities indicated on the Website.


7. Pricing and Payment Terms

Pricing: The pricing of the various Subscription plans is indicated on the Website or communicated to the User during registration or renewal. Prices are in euros, excluding taxes (unless otherwise stated).

Price adjustments: The Company reserves the right to adjust prices at any time. Any price change will be communicated to the User in advance, as per Article 14.

Billing: Subscriptions are billed according to the agreed periodicity (monthly, annually, etc.). Invoices are made available electronically or sent by email.

Payment issues: In the event of payment issues (non-payment or delay), the Company reserves the right to suspend access to the Service and apply late payment penalties as permitted by law.


8. Intellectual Property

Company rights: All elements comprising the Service (software, algorithms, databases, interfaces, trademarks, logos, graphics, texts, etc.) are the exclusive property of the Company or its licensors and are protected by French and international intellectual property laws.

Usage license: The User is granted a personal, non-exclusive, non-transferable, and non-sublicensable right to use the Service for the duration of their Subscription. This license does not imply any transfer of intellectual property rights to the User.

User content: The User retains ownership of all content and Data they upload or input into the Service. For the duration of their Subscription, the User grants the Company a non-exclusive license to store, host, back up, and process this content solely to provide the Service.


9. Personal Data and Confidentiality

Responsibilities:

  • User Data: The Company acts as the data controller for personal data collected from the User during account creation and management (name, first name, email, etc.). This Data is processed in accordance with the Privacy Policy available on the Website and in compliance with GDPR and applicable laws.
  • Third-party data processed by the User: In using the Service, the User may process personal data of third parties (employees, clients, prospects, etc.). In this case, the User acts as the data controller, and the Company acts as the data processor under GDPR. A data processing agreement may be concluded to define mutual obligations regarding data protection.

Security: The Company implements appropriate technical and organizational measures to protect Data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure, or access.

Confidentiality: The Company agrees to maintain the confidentiality of Data hosted on behalf of the User and not to disclose it to third parties, except when legally required or upon the request of a competent authority.


10. Liability

Company liability:

  • The Company undertakes to make all reasonable efforts to ensure the Service's availability and compliance with the functionalities described on the Website.
  • The Company cannot be held liable for indirect damages, loss of profits, loss of Data, or intangible harm suffered by the User, nor for consequences related to the User’s non-compliance with regulations, as the User remains solely responsible for their legal and regulatory obligations.
  • The User acknowledges that the Service is a tool to assist with compliance (e.g., GDPR, AI-ACT) and that the Company’s liability cannot replace the User’s responsibility for their legal and regulatory obligations.

User liability:

  • The User is solely responsible for the accuracy and legality of the Data they input into the Service.
  • The User is solely responsible for implementing the recommendations and documents generated by the Service and ensuring compliance with their legal obligations regarding personal data protection and applicable regulations.
  • The User is solely responsible for any direct or indirect, material or immaterial harm caused to the Company or a third party due to their use of the Service in violation of these GTU.

11. Maintenance and Support

Corrective maintenance: The Company undertakes to resolve any anomalies or malfunctions affecting the proper functioning of the Service as promptly as possible.

Evolutionary maintenance: The Company reserves the right to update the Service (interface, features, performance, etc.) to improve quality or comply with legal and regulatory changes. Such updates may be mandatory for the User.

Technical support: The technical support service subscribed to by the User is accessible through the channels indicated on the Website.


12. Duration, Termination, and Suspension

Duration: These GTU are valid for the duration of the Subscription chosen by the User, including any renewal periods.

Termination by the User: The User may terminate their Subscription at the end of the current period by providing a notice period equivalent to 1/12 of the subscription term, as outlined on the Website.

Termination for breach: In the event of a serious or repeated breach of the User’s obligations (e.g., non-payment, violation of the GTU), the Company may terminate the Subscription with one month’s notice following a formal notice that remains unaddressed.

Effects of termination: Upon termination, access to the Service is discontinued. The User must ensure that they have exported or saved their Data before the effective termination date. The Company cannot be held liable for any Data loss after termination. The User’s Data will be automatically deleted immediately following termination.


13. Amendments to the GTU

The Company reserves the right to amend these GTU at any time to reflect legal, regulatory, technological, or commercial changes. In the case of substantial changes, the User will be informed by any means (email, notification on the Website, etc.) at least 15 days before the new provisions take effect.

During this period, the User who does not accept the new provisions may terminate their Subscription. Otherwise, the amendments will be deemed accepted.


14. Governing Law and Jurisdiction

These GTU are governed by French law. Any dispute regarding the validity, interpretation, or execution of these GTU that cannot be resolved amicably will be submitted to the competent courts in the jurisdiction of the Company’s registered office.


15. General Provisions

Entire agreement: These GTU represent the entire agreement between the Company and the User and supersede any prior agreements.

Partial invalidity: If any provision of these GTU is held invalid or declared null under any law, regulation, or final court decision, the remaining provisions shall remain in full force and effect.

No waiver: The fact that the Company does not enforce any clause of these GTU or assert a right shall not be construed as a waiver of such right.


16. Contact

For any questions regarding these GTU, the Subscription, or any other request related to the Service, the User may contact the Company via:

  • Email: contact@yanova.fr
  • Phone: +33 (0)5 59 88 97 23
  • Postal address: 2 rue de la caserne, 64490 BEDOUS

By ticking the box “I accept the General Terms of Use” when creating your account or subscribing to the plan, you acknowledge having read, understood, and accepted all the terms of these GTU.

General Terms of Service (GTS)