Definitions

The following terms used with a capital letter in the TUS shall have the following meaning:

“Additional Service” means any provision or service additional to the Electronic Signature Service that is invoiced as a separate item. 

“Administrator User” means a person identified by the Proprietary User whose role includes but is not limited to (i) assigning Credentials to Member Users and assisting them with their choice of password and (ii) configuring the user area on the Platform. The Administrator is under the full and entire responsibility of the Subscriber.

“Advanced Electronic Signature” means an Electronic Signature which meets the requirements set out in Article 26 of eIDAS Regulation.

“Audit Trail” means the file that contains all the data and information relating to the Electronic Signature process, and all the elements used to identify the Signatories, the hash specific to each Electronic Signature and, if applicable, the associated Certificate and the general conditions of use for Electronic Signatures.

“Authorised Country” means a country located in the European Economic Area, Switzerland, the United Kingdom, the United States of America or Canada.

“Certificate” means the electronic attestation that links the validation data of an Electronic Signature to a physical person and as a minimum, confirms the name or pseudonym of that person.

“Cessation of Trading” means the permanent end of a Party’s business, on a voluntary basis or as a consequence of the institution of any proceeding under any bankruptcy or insolvency law, and indicates that all their professional activities have ceased. Intra-group mergers and internal restructuring operations are not viewed as a Cessation of Trading. A Cessation of Trading is characterised by removal from the Trade and Companies Register or any other register where the Party concerned, the winding up or liquidation of the business is recorded, backed by supporting documents.

“Confidential Information” means (i) any financial, legal, commercial, technical, IT or administrative information, (ii) any documents or information concerning the Services and access thereto, (iii) any information that could have the effect of promoting the interests of a competing company and (iv) any other information that the Parties may need to communicate to each other, either directly or indirectly, in any form and on any medium whatsoever and which, because of the nature thereof or the circumstances of its disclosure, must be deemed confidential. The Confidential Information does not include information that (i) is in the public domain before its communication or disclosure; and/or (ii) is already known by the receiving Party prior to said communication or disclosure; and/or (iii) is obtained legally from a third party entitled to forward it; and/or (iv) which one of the Parties has authorized the other to disclose, prior to the disclosure of said information.

“Connector” means a programming interface that enables two software programs, information systems or applications to communicate with each other.

“Contract” means all of the following contractual documents (i) the Terms of Use and Subscription; (ii) the definitions, (iii) the Data Processing Agreement and if applicable, (iv) the associated Quote. These documents are provided in an electronic version (i) when taking out a Subscription and creating a User Account; (ii) at any time, when accessing the User Account if this functionality exists; and (iii) on written request from the Subscriber and/or User.

“Corporate Account” means the shared space used by the Subscriber and/or Administrator User.

“Credentials” means the personal user name associated with a User Account and any confidential code or password connected to the User and used to identify themselves and access the Services.

“Data Processing Agreement” means the agreement between the User/Subscriber and Yousign covering the Personal Data Processing carried out by Yousign to provide the Services at the request of the Subscriber and/or User.

“Document” means any electronic medium, regardless of format, completed, uploaded or archived when using the Yousign Services, and which may contain Personal Data.

“Documentation” means the Yousign technical, organizational and informational documentation made available to Subscribers and Users on the Website or their account.

“Documents Electronic Archiving Service” means the provision by Yousign of an archiving space reserved for Documents where they can be retained for a period of ten (10) years, in suitable conditions to ensure their long-term viability and integrity. The Electronic Archiving Service is an Additional Service.

“Effective Date” means the date on which the Subscription is validated online and, in the case of a Quote, the date on which it is signed by the Subscriber.

“eIDAS Regulation” means the “eIDAS” Regulation (EU) No 910/2014 of 23 July 2014 on electronic identification and trust services for electronic transactions, known as “eIDAS”.

“Electronic Seal” means an Electronic Signature that guarantees the origin and integrity of the Document on which it is placed.

“Electronic Signature” means the use of a technical process to sign an electronic document.

“Electronic Signature Service” means the provision of the Electronic Signature module developed by Yousign, such as the Simple Electronic Signature, the Advanced Electronic Signature, the Qualified Electronic Signature and/or the Electronic Seal. 

“Electronic Time Stamp” means data in electronic form which binds other data in electronic form to a particular time establishing evidence that the latter data existed at that time.

“Free Plan” means Yousign’s free plan, as described and made accessible from the Website.

“GDPR” means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. The terms “Special Categories”, “Standard Contractual Clause”, “Data Subject”, “Controller”, “Processor”, “Processing” and “Personal Data Breach” have the meaning assigned to them by the GDPR.

“Help Centre” means a digital medium comprising knowledge bases, user guides and technical documentation available here on the Website at any time.

"Individual" means a natural person who is using the Services for personal or household purposes

that are not part of their commercial, industrial, craft, liberal or agricultural activity.

“Infrastructure” means any type of (i) equipment such as computers, phones and tablets, (ii) software or the internet installed, managed and used by the Subscriber and/or the User and/or the Third-party Signatory on a fixed or roaming basis, enabling access to and use of the Services.

“Instruction” means any written and documented instruction issued by the Controller to Yousign, asking it to carry out a specific or general action with regard to the Personal Data. These Instructions are given during the use of the Services and the Support Service. 

“Intellectual Property” means (i) all the intellectual property rights, regardless of their nature and form, likely to exist or be capable of protection worldwide, including intellectual works, rights of authorship and similar rights, copyright, drawings and models, software and source code, trademarks, commercial names and logos, domain names and other distinguishing marks, databases, inventions, patents and know-how, regardless of whether they are or could be registered, updates, improvements and modifications, configurations, extensions and works derived in whole or in part from said elements, and (ii) personality rights, the right to privacy and image rights.

“Member User” means a person identified by the Proprietary User or Administrator User. The Member User can, among other things, (i) create contacts and (ii) sign or invite a Third-party Signatory to sign a Document on the Platform. 

“Parties” means jointly (i) for the conditions associated with the Subscription, Yousign and the Subscriber; and (ii) for the conditions associated with the use of the Services, Yousign and the User.

“Personal Data” means any information concerning an identified or identifiable natural person as defined by the General Data Protection Regulation (GDPR). 

“Personal Data protection laws and regulations” means all laws, regulations and other national, European and international standards applicable to the Personal Data Processing implemented in respect of the Contract, including but not limited to the GDPR and all the national laws of European Member States adopted in addition to or for the purpose of applying the provisions of the GDPR as well as, if applicable, the laws, regulations and other national, European and international standards applicable to the processing of electronic communications data and the use of tracking technologies (commonly known as “e-Privacy” rules).

“Platform” means the technical infrastructure (i) comprising all the hardware, source code and object code, software, operating system, databases and environment managed by Yousign and its partners and (ii) accessible remotely in SaaS (Software As a Service) mode by eligible Users through the Yousign API or the Yousign Application available here, and (iii) allowing, in particular, the User to create a dedicated space and use the Services made available by Yousign.

“Proprietary User” means the first User created in respect of the Subscription or the User named subsequently by the initial Proprietary User following validation by Yousign. The Proprietary User is responsible for managing the Subscription, in particular by (i) assigning a role to each User and entering a unique and valid email address for each User, (ii) identifying valid payment methods, (iii) configuring the administration settings or appointing an Administrator User to manage them.

“Public Form” means the form used to personalize and automate the fields in a Document prior to the Electronic Signature process.

“Qualified Electronic Signature” means an Advanced Electronic Signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures. 

“Quote” means the commercial proposal produced by Yousign for the Subscriber. The Quote may contain the following information: identification of the Services ordered, the Service Costs, the term and payment terms. Unless otherwise stated on the Quote, this will be valid for thirty (30) days from the date of issue. The Quote will be null and void unless it is approved by the Subscriber within this timeframe. In the event of any contradiction between various Quotes, the most recent document will prevail over any older versions.

“Service” means the service made available to Users for the purpose of their personal use when it is authorised in the Contract or professional activities on the Platform. The Services include the provision of the Application in SaaS mode or the Yousign API providing access to the Electronic Signature Service and to any Additional Services taken out by the Subscriber or the Individual on the Platform.

“Service Costs” means the various charges payable by the Subscriber for access to the Services, such as (i) the price of fixed-cost Subscriptions and if applicable, (ii) the price of additional services ordered, such as technical support and training services; and (iii) the associated costs mentioned on the Quote.

“Signatory” means a User and/or Third-party Signatory that signs a Document on the Platform.

“Simple Electronic Signature” means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign.

“Subscriber” means any professional natural person acting on their own behalf (also referred to in the TUS as a “Proprietary User”) or any legal entity that has subscribed to the Services through their legal representative or a person with authority to bind the organization, by signing the Terms of Use and Subscription. 

“Subscriber Data” means the Subscriber’s data (which may include administrative data and Personal Data) (i) transferred by the Subscriber to Yousign and/or (ii) collected by Yousign for the purpose of managing the Subscription. 

“Subscription” means a subscription to the Services. 

“Support Service” means the Yousign support service available from the Corporate Account and/or User Account. 

“Third-party Signatory” means any person designated by a User to access and sign a Document on the Platform. 

“Third-party Signatory Data” means any Third-party Signatory data (which may include administrative data and Personal Data) (i) shared by the User with Yousign on any medium whatsoever and/or (ii) collected by Yousign in the context of providing the Services.

“TUS” means the Terms of Use and Subscription applicable to the Services.

“Update” means the successive versions of the Platform comprising technical and/or functional improvements, provided by Yousign. Updates incorporate all the changes made to the Platform to bring it up to date in light of regulatory changes and changes affecting the operating environment.

“User” means either jointly or individually the Proprietary User and/or the Administrator User and/or the Member User acting in the name and on behalf of the Subscriber or an Individual. Users must be identified by an email address and a unique user name. Two or more natural persons cannot use the Services as the same User.

“User Account” means the personal account attached to a User, which allows them to access the functionalities of the Services according to the subscription taken out and the associated rights.

“User Data” means (a) the User data (which may include administrative data and Personal Data) (i) shared by the Subscriber or by a User with Yousign on any medium whatsoever, and/or (ii) collected by Yousign in the context of providing the Services, and/or (iii) mentioned by the User on their User Account; and (b) any Document of any kind whatsoever, uploaded to or disseminated on the Platform by the User.

“Visitor” means any natural person who browses the Website and/or the Yousign Application, without creating or logging into a User Account.

“Website” means the website https://yousign.com operated by Yousign. 

“Yousign” means Yousign, a French société par actions simplifiées, registered with the Caen Trade and Companies Register under number 794 513 986, whose registered office is at Rue de Suède, Avenue Pierre Berthelot, 14000 Caen.

“Yousign API” means the application programming interface provided and created by Yousign and integrated into the Subscriber’s IT system. The functional and technical documentation for the API can be consulted here.

“Yousign Application” means the online application published by Yousign and accessible on the Website in “SaaS” (Software as a Service) mode, the functional and technical documentation for which can be consulted here.