Data Act Addendum

1. Applicability

This Addendum governs all Change and Deletion Requests under the Data Act. It supplements Yousign's Subscription and Use Terms and Conditions (T&Cs) and applies to any Service provided to a Subscriber established and billed within the European Union.

2. Definitions

All terms beginning with a capital letter and not defined in this Addendum shall have the meaning defined herein. For the purposes of this Addendum, the following additional definitions shall apply:

“Data Act” means Regulation (EU) 2023/2854 of the European Parliament and of the Council of December 13, 2023 on harmonised rules for fair access to and use of data, amending Regulation (EU) 2017/2394 and Directive (EU) 2020/1828

“Change Request” means a request from the Subscriber to change Services and migrate Exportable Data to a third-party provider or to their own on-premise infrastructure.

“Deletion Request” means a request from the Subscriber to delete Exportable Data from the Yousign Platform.

“Exportable Data” means the input and output data mentioned in Annex 1, including metadata, generated directly or indirectly, or co-generated, by the use of the Services by Users, excluding data protected by Intellectual Property rights, or constituting a trade secret of Yousign or third parties.

3. Request Process

The Subscriber may submit a Change or Deletion Request to Yousign via the dedicated form, with two (2) months' prior notice from the date of its receipt by Yousign (“Notice Period”). The request must specify: (i) the Service(s) concerned, (ii) whether the Subscriber wishes to migrate to another SaaS platform, to their own ICT infrastructure, or delete their Exportable Data, as well as the contact details of the new platform (company name, name of the person in charge, and contact email) if applicable, and (iii) the desired date for implementing the change.

If Yousign is unable to provide the Change and/or Change Assistance within the specified timeframe, Yousign shall notify the Subscriber within a reasonable time and propose several alternatives, reasonably taking into account the Transition Period.

Assistance requests concerning Services with self-service tools or APIs allowing the Subscriber to recover or delete their Exportable Data are not covered by this Addendum.

Furthermore, no Change or Deletion Request is accepted for: (i) Beta Services as defined in the Contract, and (ii) Services provided for a limited duration for testing or evaluation purposes, such as the sandbox environment.

4. Change Assistance Services

Once the request is made, the Subscriber receives a Quote allowing them to subscribe to the change assistance offer, which they undertake to validate and sign for the request to be considered valid.

Yousign will provide reasonable assistance to the Subscriber and third parties authorized by the latter from the launch of the Subscriber's Change Request and throughout its process so that the Subscriber can carry out the Change within the Transition Period.

5. Transition Period

Yousign provides the Subscriber with the Exportable Data export instructions within thirty (30) days following the end of the Notice Period (“Transition Period”). In the event of technical or other obstacles delaying the change, Yousign shall inform the Subscriber within fourteen (14) working days following the Change Request, justifying the delay, and proposing an alternative Transition Period not exceeding seven (7) months after the end of the Notice Period. The Subscriber may also request an alternative Transition Period, which is reasonable and limited to seven (7) months.

The Subscriber undertakes to continue paying all Service costs in accordance with the Contract throughout the Transition Period (normal or extended).

During the Change process, Yousign undertakes to:

• provide reasonable assistance,
• act diligently to maintain service continuity,
• preserve the agreed level of security.

Yousign may inform the Subscriber of any known risk to the continuity of the Services or any technical limitation resulting from the change after receiving the Change Request.

6. Data Recovery and Erasure

The Subscriber has thirty (30) calendar days after the end of the Transition Period to recover the Exportable Data made available (“Recovery Period”).

At the end of the Recovery Period or at a later date according to Yousign's standard data deletion practices, Yousign shall erase all Exportable Data unless otherwise provided by applicable law.

7. Deletion Request

Yousign supports the Subscriber's Deletion Request, to the extent permitted by applicable law, by deleting/anonymizing the Exportable Data of the Service(s) concerned in accordance with the procedures and deadlines defined in the Privacy Policy and the Data Processing Agreement, updated regularly and available on the Yousign Website.

8. Disclosures

Annex 1 of this Addendum identifies: (a) the categories of Exportable Data; (b) the categories of data relating to the internal functioning of the Services that Yousign has no obligation to transfer during the change due to a risk of revealing Yousign's trade secrets.

9. Additional Obligations of the Subscriber

The Subscriber undertakes to:

• take all reasonable measures to achieve an effective change.
• bear the responsibility for the import and implementation of the Exportable Data into their own systems or those of their new service provider. Yousign shall not be held liable for any damage, loss, cost, or expense resulting from a Change and/or Deletion Request. This exclusion notably covers (i) Exportable Data integrity issues; (ii) system unavailability; (iii) compatibility issues; (iv) or any other malfunction occurring during or following the change or deletion.
• ensure that they hold all necessary rights and authorizations concerning Change or Deletion Requests and Exportable Data before exercising their rights under this Addendum.

The Subscriber or third parties authorized by them, including any new service provider, undertake to respect the Intellectual Property rights and confidentiality of all material provided by Yousign as part of the change process, as well as Yousign's trade secrets. Any disclosure of Yousign's confidential information to a third party (including any new service provider) is subject to Yousign's prior written approval.

10. Termination

Signed Quotes will be automatically terminated:

1. for Change Requests, when the Subscriber has notified Yousign in writing of the successful export of the Exportable Data. Failing formal notification, the Change will be deemed successful at the end of the Transition Period; or
2. for Deletion Requests, 2 months after Yousign has received the Deletion Request (“Termination Date”).

The Subscriber acknowledges that Services subject to an annual or multi-annual commitment benefit from lower rates than those offered without commitment and that they had the option to choose monthly billing. They accept that no refund or discount will be granted in case of termination before the end of the Commitment Period. In case of early termination, the Subscriber undertakes to pay as an early termination penalty, the costs corresponding to the entirety of the Service Costs due up to the initially agreed term.

11. Other

In the event of a conflict or inconsistency between the clauses of this Addendum and any other clause of the Contract, the clauses of this Addendum shall prevail.

In addition to any other clause of the Contract that survives termination or expiration, Articles 9 and 10 of this Addendum shall survive termination or expiration.

ANNEX 1 - CATEGORIES OF EXPORTABLE DATA

Exportable Data is indicated in the table below.

The non-exportable Data are the following:

• Category 1: Data protected by Intellectual Property rights
• Category 2: Data constituting a trade secret or revealing information relating to the trade secret of Yousign or third parties