1. 1. “Software” means the application programmes consisting of: (a) the entire content of the files, downloaded packages supplied under this Agreement; (b) any other content or programmes provided by Gemalto including, but not limited to: (i) Gemalto’s or a third party licensor’s documentation and computer software; and (ii) any explanation in printed, electronic or "online" form (“Documentation”); and (c) any modifications, amendments, new versions and new releases (collectively “Updates”).
   2.  “Use” and "Usage" means access, installation, downloading, copying or any other way of benefiting from the Software.
   3.  “Product” means a device in the YUUWAA^® range.
   4. “Service” means the services offered in conjunction with the Product and available through the YUUWAA® website.
   5. “General Conditions of Sale” means the general conditions of sale applicable to Your purchase and use of the Product and Services.

1. Limited warranty. Gemalto warrants that the Software will perform substantially in accordance with the user manual for a period of ninety (90) calendar days from the date of acceptance of this Agreement (“Warranty Period”). If an implied warranty or condition is created by your jurisdiction which Gemalto is prohibited from excluding or limiting, you will also have the benefit of such implied warranty or condition, BUT ONLY INSOFAR AS IT RELATES TO DEFECTS DISCOVERED DURING THE WARRANTY PERIOD IF A DEFECT IS DISCOVERED AFTER THE WARRANTY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. PLEASE NOTE THAT THESE RESTRICTIONS ONLY APPLY TO THE EXTENT THAT APPLICABLE LOCAL LAWS PERMIT THE EXCLUSION AND/OR LIMITATION OF IMPLIED WARRANTIES AND/OR CONDITIONS TO THE WARRANTY PERIOD. 
2. Warranty exclusion. Except for the limited warranty stipulated above, THE SOFTWARE IS SUPPLIED "AS IS". GEMALTO OFFERS NO WARRANTY AS TO ITS USE OR ITS PERFORMANCE, WITH THE EXCEPTION OF WARRANTIES, CONDITIONS, REPRESENTATIONS OR PERIODS THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER CURRENT APPLICABLE LAW. GEMALTO OFFERS NO WARRANTY, CONDITION, REPRESENTATION OR PERIOD OF TIME (EXPLICIT OR IMPLICIT, EITHER BY STATUTE OR BY EXISTING LAW, CUSTOM, USAGE OR OTHERWISE) CONCERNING, AMONG OTHER THINGS, RESPECT FOR THE RIGHTS OF THIRD PARTIES, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, THE INCORPORATION OR SUITABILITY OF THE PRODUCT FOR A PARTICULAR USAGE. YOU ARE RESPONSIBLE FOR THE CHOICE OF SOFTWARE ON THE BASIS OF THE PLANNED PURPOSE, THE INSTALLATION AND USE OF THE SOFTWARE, AS WELL AS THE RESULTS OF ITS USAGE, WITHOUT RESTRICTION TO THE PRESENT PROVISIONS, AND GEMALTO DOES NOT GUARANTEE THE ABSENCE OF A DEFECT OF FORM, INTERRUPTIONS OR OTHER PROBLEMS, NOR THAT THE SOFTWARE PERFECTLY MEETS YOUR REQUIREMENTS.

1. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; THE IMPLIED TERMS UNDER THE SALE OF GOODS ACT 1979 OR THE SUPPLY OF GOODS AND SERVICES ACT 1982; THE CONSUMER PROTECTION ACT 1987, THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008 AND THE BUSINESS PROTECTION FROM MISLEADING MARKETING REGULATIONS 2008; AND ANY OTHER LIABILITY FOR WHICH APPLICABLE LAWS AND REGULATIONS PROHIBIT THE EXCLUSION OR LIMITATION.
2. GEMALTO SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE) FOR ANY: (1) LOSS OF EARNINGS: (2) LOSS OF BUSINESS; (3) INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSSES; (4) DAMAGE CAUSED BY NEGLIGENCE, REGARDLESS OF THE NATURE THEREOF (INCLUDING LOSS OF BUSINESS, LOSS OF DATA, COMPUTER BREAKDOWN OR MALFUNCTION); AND (5) ANY OTHER DAMAGE OR LOSS.
3. GEMALTO’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT IN RESPECT OF ALL CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS AND SERVICES (WHETHER FOR BREACH OF CONTRACT, IN NEGLIGENCE OR ANY OTHER TORT, UNDER STATUTE OR OTHERWISE AT ALL) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE VALUE OF PRODUCTS AND SERVICES ORDERED BY YOU.

1. This Agreement has not been entered into wholly or partly in reliance on, nor has either party been given any warranty, statement, promise or representation made by or on their behalf. To the extent that any such warranties, statements, promises or representations have been given the recipient party unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation to them.
2. Nothing in this Article 11 will exclude or limit any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.
3. No provision in the present document shall be the subject of a waiver, unless the latter shall be productive of a document written and signed by Gemalto.
4. If a clause in this Agreement is found by a court to be invalid, illegal or unenforceable, this shall not affect any other provisions of the Agreement which shall remain in full force and effect.  

Gemalto Customer Service. If You have questions about the provisions of this Agreement, please contact GEMALTO using the telephone information available at the website www.yuuwaa.com, by faxing +33-4-4236-5555, or in writing to the following email address: english.support@yuuwaa.com

NOTHING IN THESE TERMS OF SALE AFFECTS YOUR RIGHTS AS A CONSUMER. YOUR ATTENTION IS DRAWN IN PARTICULAR TO ARTICLE 10 WHICH SETS OUT RESTRICTIONS ON OUR LIABILITY TO YOU.

Preamble

The present general conditions of sale (hereinafter “the Conditions”) shall be applicable:

• to all orders for purchase that a you, the customer (“Customer” or “You” or “Your”) places through the Internet with Gemalto SA (“GEMALTO” or “We” or “Us”) for the use of the services offered by the products in the YUUWAArange (“the Services”); and

at the dedicated E-shop at the YUUWAAsite (hereinafter “the Site”).

The Site, dedicated to the Services as described in article 2 of the Conditions, is strictly reserved for individual consumers who intend to use the Services purely for their own personal requirements and not for resale, modification or business purposes. Consequently, We exclude all liabilities in case of use of the Services for business purposes.

1. Acceptance of the Conditions

1.1-The Conditions are freely accessible by You at the Site before you use a Service.

1.2-Once the Conditions have been accepted by You, they shall become binding between You and GEMALTO. It is therefore important for You to read them carefully before ordering any Product and before using any of the Services.

1.3-No subsequent access to the Services shall be permitted unless You first accept the Conditions, this acceptance to be performed online by clicking to put an “x” in the box reserved for the purpose.

Consequently, You expressly agree that clicking to put an “x” in the said box is valid confirmation of Your acceptance of the Conditions.

If You refuse to accept the Conditions, You will not be able to use the resulting Services.

1.4-You acknowledge and represent that by accepting the Conditions, You are 18 years of age or older.

1.5-GEMALTO advises You to print or save a copy of the Conditions.

2. Description of the subsequent Products and Services

2.1-General introduction. YUUWAAis a solution consisting of both a USB key, loaded with integral software, and subsequent Services.  

You may be permitted to add additional Services at any time. Depending on the Services chosen, You can enjoy them either free of charge or for payment.

To find out about the range of Services offered by YUUWAA, go to: www.yuuwaa.com

2.2-The range of YUUWAAServices. Through Your Internet connection, YUUWAA Services enable you:

• to STORE data online in a personal digital datacenter  and to access Your own digital data from anywhere, at any time, that has an Internet connection,
• to SAVE online, automatically or manually, the data entered on Your USB memory stick. Consequently, if Your USB memory stick breaks or is lost, You will  be able to recover a copy of Your digital data online from Your personal datacenter,
• SHARING data of Your choice with others (hereinafter known as “guest(s)”), through Your personal digital datacenter,
• SECURING Your personal digital datacenter using a password that of Your choice or one that will be generated by GEMALTO at Your request.

Such Services are available through a free period of Services as indicated on the packaging of the USB memory stick in the special case of a YUUWAA free trial offer as mentioned in article 17.1 of the Conditions, at the end of which You may be permitted, without obligation, to take out a paid subscription to the Services.

To learn more about the range of Services offered by YUUWAA, log on to: www.yuuwaa.com

3. Prices, cost of delivery and payment method

3.1- The prices for the Services are those indicated at the Site on the date of ordering. Prices are expressed in Euros with a separate indication of the taxes applicable. Full details of applicable charges for the Services are contained on the Site and can be viewed using the following link: www.yuuwaa.com/plans.do

3.2-The prices depend on the the duration of the Services for which You have opted, as described on the Site.

The Services may be purchased by subscription for a period of six (6) months, one (1) year or two (2) years. Whichever period you have chosen, the Services must be paid for at the start of the period and for the whole term of the subscription.

3.4-Payment may be made by the following methods when ordering Services: http://www.yuuwaa.com/faq.do. All payments are processed securely through a separate part of the Site.

3.5-GEMALTO reserves the right to change the prices displayed on the Site at any time. 

4. Orders

4.1-Any order placed through the Site shall be subject to acceptance by GEMALTO and will only be validated following Your acceptance of the Conditions and receipt of an e-mail confirmation from GEMALTO. It is Your responsibility to check the accuracy of Your order before submitting it, so please check Your order carefully.Our e-mail acceptance of Your order brings into existence a legally binding contract with GEMALTO.

4.2-GEMALTO reserves the right to cancel any order for Services (whether or not Your credit card has been debited) where a material error has arisen relating to the price or the Services circulated on the Site, or if the Services prove to be no longer available.

4.3-If, purely under the circumstances stated in article 4.2 of the Conditions, GEMALTO cancels an order for which you have already proceeded to make payment, GEMALTO will refund the amount in question within 30 days by crediting your account.

4.4-You must check the information submitted during the order and notify Us immediately if there are any errors by sending an email to the following address: english.support@yuuwaa.com.

In the absence of any such notification being received, GEMALTO shall proceed on the basis of the original order. Nothing in this article 4.4 prejudices any rights You have under article 8 of the Conditions. 

5. Cancellation option

5.1- At the end of the free Services period as mentioned in article 17.1 of the Conditions, You can take out a paid subscription to the Services without obligation.

For a period of seven (7) working days commencing on the day following the date upon which You first receive, or have access to the Services (which ever is the earliest), You may cancel, without penalty and without having to give a reason, Your Order for the Services. If You exercise this option, You must notify Us within the stated time frame, by sending an email to GEMALTO which must contain Your name and Your order number, to the following address: english.support@yuuwaa.com.

5.2-You are hereby informed that if You exercise this option, You will no longer be able to use the Services to which You previously had free access. You must recover Your data within seven (7) days following the exercise of this option, at the end of which Your data will be destroyed automatically.

5.3-If You exercise this option, GEMALTO will refund to You all of the amounts you paid for the Services as soon as possible and at the latest within thirty (30) days from the date on which You exercised this option.

6. Procedures for receipt of Services, restoring stored data and data-sharing using Your Invite

The set of procedures for receiving Services, recovery of stored data and the sharing of data with You or Your guest(s) is shown in the user manual for the Product and Services provided to You upon delivery of the Product.

7. Your undertakings

7.1-You declare that you have suitable computer hardware and telecommunications equipment required for using the Product and Services, namely:

- a computer fitted with a USB port and a operating system of the Microsoft Windows  XP SP2 or Vista type,

- a broadband Internet connection (We would recommend a minimum connection speed of 1Mb/sec in order to fully experience the benefits of the Product and Services),

- an Internet browser of the Internet Explorer Version 6 or higher type or Firefox Version 2 or higher.

The cost and specification of the computer hardware and telecommunications equipment necessary for using the Product and subsequent Services, as well as the telephone communications and Internet access, are entirely at Your responsibility and expense. You should consider the security and privacy implications of using the Product in conjunction with computer hardware which You do not own and/or are not familiar with.

7.2-You undertake to follow and comply with the instructions and procedures necessary for the installation and usage of the Services, as described in the user manual mentioned in article 6 of the Conditions.

In case of difficulty linked solely to the Services described in the present Conditions, You can contact the consumer service whose details are shown in article 9 of the Conditions.

7.3-You undertake not to store or share data known to be dangerous or those that are known by You to contain a virus and that may adversely affect the usage and operation of the Services.

You have been informed that GEMALTO may introduce technical barriers to limit the number, type and/or size of the data stored and/or shared, and/or the number of guests, in order to avoid any wrongful or dishonest use of the Product and Services.

7.4-You undertake to inform GEMALTO immediately of any change in the information communicated when you subscribed to the Services, and especially any change in Your e-mail address.

7.5-Your personal digital datacenter is securitised with a password that You may choose or that is generated by GEMALTO at Your request.

This password is strictly personal.

You undertake to keep Your password confidential and not to communicate it for any reason to anyone else, with the exception of the GEMALTO technical staff.

You have been informed that You alone are responsible for the consequences that may result from communicating Your password to any third party, including Your guests, under the Conditions, without prejudice to any damages with interest that may be claimed by GEMALTO for the damage it may suffer as a result.

7.6-As specified in article 10.5 of the Conditions, You are solely liable for all content and data stored, saved and/or shared by You and Your Guests, as well as for the activities performed through Your personal digital datacenter.

You are consequently informed that GEMALTO may prevent or interrupt access to all or part of the Services at any time and without prior notice, where there is a manifest breach of the stipulations of article 10.5 of the Conditions.

8. GEMALTO’s undertakings

8.1-Within the limitations described in article 10 of the Conditions, GEMALTO undertakes to make its best efforts to ensure the smooth operation of the Services throughout the term of Your subscription.

8.2-GEMALTO undertakes to implement reasonable technical resources in order to ensure secure hosting of the servers used for storage and the data they contain against any malicious intrusion.

You are informed however that the Services offered do not contain any applications or other facilities which offer protection against viruses.

GEMALTO strongly recommends that You install adequate anti-virus protection on Your computer hardware that is capable of identifying and destroying any infected file.

8.3-GEMALTO undertakes to implement every reasonably foreseeable means in order to restore to Your computer equipment as quickly as possible, subject to its being suitable for the Services, the data You have saved in Your personal digital datacenter, subject to compliance with the procedure described in the user manual mentioned in article 6 of the Conditions, to normal working of the Internet and the absence of any interruption in the Services rendered necessary by maintenance, operational reasons, repair or upgrade operations.

GEMALTO will have complied with its obligation to restore where the entirety of the data You saved in Your personal digital datacenter, and which You wish to restore in its entirety or in part, shall have been made available to You via the Internet.

8.4-Subject to any requirements under article 10.5 of the Conditions, GEMALTO undertakes to implement all reasonably foreseeable means in order to ensure the transfer, to Your Guest’s computer workstation, the data chosen by You from Your personal digital datacenter and that You wish to share with Your Guest, subject to compliance with the procedure described in the user manual mentioned in article 6 of the Conditions, to the normal operation of the Internet and the absence of any interruption to the Services rendered necessary by the maintenance, repair or upgrade operations.

9. Consumer service

9.1-The consumer service consists of a technical assistance service and a sales service.

GEMALTO allows You access to both services, either by

-    telephone on +44(0) 870 243 0130, Monday to Friday: 8:00 to 16:00 (GMT); or

- email by filling in the dedicated form at the following address: www.yuuwaa.com/contact.do

You will receive a reply from Monday to Friday from 9.00 a.m. to 6.00 p.m., except on public holidays.

9.2-Email access to the technical support service and to the sales service is free, with the exception of any charges you may have to pay to Your Internet access provider or any connection charges.

Telephone access to the technical support service and the sales service is at Your expense.

9.3-In order to handle Your requests faster, We ask you to indicate Your e-mail address and/or Your registration code as shown on the YUUWAAcard that is affixed to the back of the user manual mentioned in article 9 of the Conditions as well as a precise description of the technical and/or sales problems You have encountered.

The consumer service undertakes to reply to You as quickly as possible. You are warned however, that especially due to delays in receiving emails which may occur through use of this method of communication, You should allow for a delay in answering.

Furthermore, for maintenance reasons, access to the consumer service may be temporarily interrupted..

9.4-You are hereby informed that no information, advice, nor assistance of any kind for the resolution of any problem linked to factors or events that are external to the Products and Services, can be provided to You by the consumer service.

10. Liabilities

10.1-  Nothing in the Conditions shall exclude or limit GEMALTO’s liability for:

• personal injury or death resulting from our negligence;
• fraud;
• the implied terms under the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982;
• any rights You have under the Consumer Protection Act 1987, the Consumer Protection from Unfair Trading Regulations 2008, and the Business Protection from Misleading Marketing Regulations 2008; and
• any matter which it would be illegal for Us to exclude or to attempt to limit or exclude our liability.

10.2-Subject to the above, We shall not be liable to You for any of the following (whether or not We were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site including without limitation under any tort including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

• any indirect, special or consequential losses;
• in respect of losses or damages arising out of changes made to the content of this Site by unauthorised third parties;
• any loss of business, data, profits, revenue, goodwill, use or anticipated savings; or
• loss or damage to Your, or any third party's, data or records.

10.3- You acknowledge and accept that the Internet or any other network used for transmission of data stored in Your personal digital datacenter may be saturated and/or that the data exchanged via the network may be diverted and, consequently, You release GEMALTO from any responsibility in this respect.

10.4-GEMALTO shall not be held liable for any interference by any third party, whether or not he/she/it is a Guest, in the communication and transmission systems that You use or for any malfunctions or stoppages of the Services due to negligence, faults or any action on Your part or on the part of a third party, whether or not he/she/it is a Guest, under the present Conditions to which You have subscribed.

In particular, GEMALTO shall not be held liable for any failure upon receipt of data and/or invitation messages transmitted, where such defects result from filtration techniques and/or blockage put in place through technical intermediaries. Should You discover any such failure, You are invited to contact Your Internet service provider.

10.5-You acknowledge and accept that for Services the purpose of which is to store the data and restore and/or transmit this data on the Internet, GEMALTO cannot be held liable for any consequences resulting for any loss of data that may result from a defect in the Internet service, over which GEMALTO has no control.

10.6-In the case of recovering data that You have previously saved in Your personal digital datacenter, it is up to You to test and check that the data complies in every respect with those that were supposedly saved and that they have been correctly incorporated into the original computer applications or on computer applications that are similar in every respect.

You undertake to indicate, with an obligatory mention of Your email address and registration code, to the following address: english.support@yuuwaa.com, any anomaly that You may discover within the twenty-four (24) hours following receipt of the data restored.

In the absence of notification from You of any anomaly in the conditions mentioned above, GEMALTO cannot be held liable for any damage resulting from the loss of Your data, since this absence of information has deprived Us, within the period that will enable Us to avoid or limit any possible damage to you, of the possibility of proceeding to once again restore the data purged of any faults you may have established.

10.7-You are informed that the Services are hosted solely in France and that the data are sent from Your computer workstation to GEMALTO’s French servers.

You are also informed that whilst GEMALTO does have access to the content of Your data and the storage and sharing of this data on Your personal digital datacenter, will only exercise such access in order to comply with this article 10.7 of the Conditions.

The data that You are storing in Your personal digital datacenter remains Your entire and exclusive property.

GEMALTO shall not be liable for Your activities and for the information You have stored and/or shared in Your personal digital datacenter to the extent the same is of an illegal or unlawful nature and GEMALTO acted promptly to destroy it or render access to it impossible.

You are hereby informed that GEMALTO is required to collaborate with any legal authority duly mandated to check the data stored and/or shared on Your personal digital datacenter and to warn or have stopped any damage caused by the content of the data obtained fraudulently and/or prohibited by law.

GEMALTO reserves the right (including at the request of any third party that may be aware of the litigious actions relating to the data stored and/or shared) to destroy the entirety of the data stored or render access to such data impossible if it is manifestly illegal and in breach of applicable regulations.

10.8 -You are informed and You accept that all or part of the Services may, for reasons of repair, upgrade or maintenance, be temporarily interrupted. GEMALTO shall not be held liable for any consequences resulting from any interruption connected with maintenance or upgrade operations. GEMALTO shall make every effort, where applicable, to re-establish the Service as quickly as possible. As far as possible, GEMALTO will inform You of any foreseeable interruption in the Services lasting for longer than four (4) hours.

10.9-GEMALTO shall not be held liable for any defects and/or interruption of the Services in cases of force majeure as defined in article 11 of the Conditions.

10.10 -You acknowledge that you have been informed and that You accept that the Storage Services offered to You by GEMALTO do not incorporate encryption nor additional saving of the data on a second server.

You acknowledge that you have been informed and that You accept that the storage Services offered to You by GEMALTO, apart from the fact that they are destined solely for You as a consumer, are not compatible with data storage or files of a value greater than two hundred (200) euros.

10.11 -The Site may provide You with links or references to sites that have nothing to do with GEMALTO. For these sites external to GEMALTO, We do not make any commitment and offer no guarantee in respect thereof.

The presence of a link, on the Site, with other sites does not imply that GEMALTO agree with their content and the usage that may be made thereof by their owner.  In no case shall GEMALTO be held liable for transactions that You may enter into with the owners of these other sites, and this shall be the case even if You have entered into contact with the latter through a link present on the Site.

10.12- You shall not make any claim against Us to the extent that, as a result of any such claim, our aggregate liability in respect of all causes of action arising out of or in connection with the Services purchased on the Site or its subject matter (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) including for loss or damage to the Products whilst in transit, would exceed an amount equal to the value of the Services accepted by you under the Conditions.

11. Force majeure

11.1 -GEMALTO shall not be held liable, nor shall it be considered as having failed to comply with the Conditions, in respect of any delay or failure to perform, where the reason for such delay or failure to perform is linked to a case of force majeure (the same being described in article 14.2 below).

11.2 -Cases of force majeure shall include exceptional weather conditions, natural disasters, fires and floods, lightening, electrical and electronic power surges, war, civil war, attacks, legal or regulatory restrictions to the supply of telecommunications services and any other incidence of force majeure.

12.  Ownership of software and usage licences

12.1-Any delivery of software (including updates) made available by GEMALTO on the Site shall be performed by downloading. No physical delivery of software shall be performed.

Before using an item of software, please visit www.yuuwaa.com/download.do, then download and install the software or an update by clicking on the corresponding button, then following the instructions indicated on the screen.

Read the End-User Licensing Agreement, available in advance on www.yuuwaa.com/legal_informations.do, and which applies to Your use of the software. If You accept the terms and conditions, click on “I accept”. Then follow the instructions to complete the installation.

12.2-For the avoidance of doubt, GEMALTO owns and retains all rights, title and interests relating to the software, including all copyrights, patents, commercial confidentiality rights, trademarks (whether or not registered) and other intellectual property rights mentioned in this document. You agree that the fact of possessing, installing or using the software in no way transfers to You any of the intellectual property rights in the Software and rights connected to the Software.

12.3-You may not copy, reproduce or use the software in any way so as to infringe any copyright or other intellectual property right of GEMALTO or a third party.

13. Term

13.1-The Services may be purchased for a period of six (6) months, one (1) year or two (2) years.

13.2In order to guarantee You a complete and uninterrupted Service, Your subscription to the Services will be renewed automatically by default for a period equivalent to that which represents the Services purchased.

Renewal will become effective thirty (30) days before Your subscription expires, and will be invoiced at the prices current at the time of renewal.

Automatic renewal occurs as follows:

- sixty (60) days before Your subscription expires, You will receive notification by email, reminding You (1) that Your subscription is reaching its end and is about to be renewed, (2) the price payable for the renewal, the term and subject of the renewal,

- thirty (30) days before the expiry of Your subscription, You will be invoiced for the renewal of Your subscription. Your payment will be made by bank card, via the Site, at the latest on the day prior to the expiry of Your subscription.

Should You decide not to proceed to the renewal by not paying the invoice or by notifying Us of your decision by email, to the following address: english.support@yuuwaa.comon the date of expiry of Your subscription at the latest, You will no longer be able to use the Services to which You previously had access gratis or for payment. You must recover Your data within thirty (30) days following the date of expiry of Your subscription, at the end of which time Your data will be automatically destroyed.

13.3-You will nevertheless retain at any time, throughout the term of Your subscription, the possibility of amending the length of time and/or amount of space You have reserved for storage. In this case, You will be invoiced for the amount corresponding to the new length of time and/or amount of storage space chosen.

You are informed that where the length of time and/or amount of storage space are reduced, You will not be granted any reimbursement or credit for the remaining period of Your initial subscription that has been changed in this respect.

13.4-The present article shall not be applicable to free Services that are temporarily offered to You.

14. Cancellation

14.1-For the free Services. With respect to the offer of a free trial of YUUWAA^®, seven (7) days before the end of the thirty (30) day period of free usage of the Services offered to You, You will be sent an email:

• Offering you the possibility of subscribing to one of the other Products in the YUUWAA^®range
• and informing You that by default, the trial will end on the thirtieth (30^th) day
• and that You need to recover Your data within seven (7) days following the end of the free usage period at the end of which Your data will be automatically destroyed.

In the absence of any reply on Your part, You will be sent an email, on the thirtieth (30^th) day of free usage of the Services, reminding You of the information. In the continued absence of a reply from You, You will be sent, on the day after the thirtieth (30^th) day, an email reminding You that You need to recover Your data within seven (7) days following the end of the free usage period, at the end of which Your data will  be automatically destroyed.

14.2-With respect to the free Service period as indicated on the packaging of the USB memory stick, thirty (30) days before the end of the last day of free usage of the Services that have been offered to You, You will be sent an email:

• offering You the possibility of subscribing to one of the Products from the YUUWAArange
• and informing You that otherwise the test will end at the end of the last day of free usage of the Services
• and that You must recover Your data within seven (7) days following the end of the free usage period, at the end of which Your data will be automatically destroyed.

In the absence of any response on Your part, on the last day of free use of the Services You will be sent, an email reminding You of these various items of information. In the continued absence of a reply from You, You will be sent, on the day after the last day, an email reminding You that You must recover Your data within seven (7) days following the end of the free usage period, at the end of which Your data will be automatically destroyed.

14.3-For paid Services. Three cases of cancellation are possible.

• Lawful cancellation by both parties: the subscription may be lawfully cancelled at Your request or Ours, by registered letter with acknowledgement of receipt, in case of persistence of force majeure, as defined in article 11 of the Conditions, for more than ninety (90) days after the occurrence thereof.

• Lawful cancellation on the initiative of GEMALTO: Where there is a breach of the Conditions, any misuse of the functions of the Product and the Services for purposes other than saving, storing and/or sharing, and the recovery of Your data from Your personal digital datacenter, GEMALTO shall be entitled to proceed to the lawful cancellation of the subscription to the Services to which You subscribed, by registered letter with acknowledgement of receipt, after issuing a prior official notice, sent by registered letter with acknowledgement of receipt, requiring You to comply with the Conditions that has remained ineffectual for twenty (20) days.

Where GEMALTO has been informed that the use of Services for the purpose of  storage and/or sharing of data is in contravention of applicable laws and/or regulations, GEMALTO shall be entitled to cancel the subscription immediately, and without any notice whatsoever. You will then be informed of this cancellation and its reasons by registered letter with acknowledgement of receipt.

• Cancellation on Your initiative: You may cancel Your subscription in the course of execution under the following conditions:
  • Your cancellation must be addressed to GEMALTO, by registered letter with acknowledgement of receipt, with an obligatory indication of  Your order number and Your name, before the fifteenth (15) of the month, at the end of which You wish Your cancellation to become effective,
  • in the case of cancellation of a monthly subscription, no reimbursement will be made,
  • in the case of cancellation of an annual subscription, You will be reimbursed pro rata for the remaining months on the basis of monthly re-invoicing for the  time that has lapsed since the most recent effectiveness of the cancellation. The amount due to GEMALTO will be deducted from Your reimbursement.

• Recovery and destruction of Your data: regardless of the origin of the cancellation, You will have a period of thirty (30) days from the date of despatch of the registered letter with acknowledgement of receipt notifying the said cancellation in which to recover Your data from Your personal digital datacenter.

After this thirty (30) day period, You acknowledge having been informed and You agree for Your data to be automatically destroyed.

You have been informed that the recovery period for Your data shall not apply in a case where this data is manifestly illegal or in breach of regulations, in which case GEMALTO reserves the right to destroy it immediately.

15. Protection of personal data

15.1-GEMALTO will process any personal data You provide on the Site in accordance with applicable Data Protection legislation.

15.2- You may request a copy of the information held by GEMALTO and request any amendments to correct inaccuracies by sending an email to GEMALTO at the following address:english.support@yuuwaa.com

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16. Securitised transactions

The Site uses SSL securitised transaction techniques designed to guarantee the confidentiality of data exchanged. Verisign is our service provider. For more details of what they provide and what this means for the security of Your data, please go to Security Questions section in the FAQ document available here.

17.  Entire Agreement

This Agreement has not been entered into wholly or partly in reliance on, nor has either party been given any warranty, statement, promise or representation made by or on their behalf.  To the extent that any such warranties, statements, promises or representations have been given the recipient party unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation to them.

No variation to this Agreement shall be valid unless agreed in writing by You and GEMALTO.

Nothing in this article 17 will exclude or limit any liability which one party would otherwise have to the other party in respect of any statements made fraudulently.

18. Governing law and jurisdiction

This Agreement shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between GEMALTO and You.

19. Severance

If any article in the Conditions is found by a court to be invalid, illegal or unenforceable, this shall not affect any other provisions in the Conditions which shall remain in full force and effect.